Question: We usually don’t mind employees chit-chatting while they work, but some recent politics-related conversations have gotten rather loud and heated. Can we tell employees not to discuss politics at work? Answer from Kyle, PHR: You can limit political speech and associated conduct that are not work-related—provided you don’t infringe on protected Section 7 rights […]
Category: HR Q&A
Q&A: Do we have to honor an employee’s two-week notice period?
Question: Do we have to honor an employee’s two-week notice period? Answer from Jenny, SPHR, SHRM-SCP: Assuming there is no contract or agreement to the contrary, you’re not required to keep an employee on during their resignation notice period or compensate them for the duration of that period. However, we recommend considering a couple issues […]
Q&A: Does “at-will employment” mean we can terminate without risk?
Question: Does “at-will employment” mean we can terminate without risk? Answer from Sarah, PHR, SHRM-CP: No, termination always comes with some risk, even when the employment is at-will. While at-will employment allows either the employer or the employee to terminate the employment relationship at any time, with or without notice, and with or without cause, […]
Q&A: Are remote employees eligible for FMLA? If so, how is their worksite determined?
Question: Are remote employees eligible for FMLA? If so, how is their worksite determined? Answer from Kyle, PHR: Remote employees who otherwise qualify will be eligible for FMLA if they report to or receive work assignments from a location that has 50 or more employees within a 75-mile radius. According to the FMLA regulations, the […]
Q&A: Should we include detailed travel duties and working hours in our job description, or should we keep it more general?
Question: Should we include detailed travel duties and working hours in our job description, or should we keep it more general? Answer from Celine, SHRM-CP: A position requiring a high volume of business travel or unusual work hours should have that detail included in the job description. Without that, you’ll attract a lot of candidates […]
Q&A: How long should we keep employee timecards?
Question: How long should we keep employee timecards? Answer from Marisa, PHR: Under the Fair Labor Standards Act, you are required to keep such records for at least three years from the time of creation. However, we recommend that personnel records, including payroll records and timecards, be kept for seven years from the date the […]
Q&A: If an employee puts in their notice, can we let them go that day instead of keeping them for the full notice period?
Question: If an employee puts in their notice, can we let them go that day instead of keeping them for the full notice period? Answer from Celine, SHRM-CP: Unless there is a contract or agreement to the contrary, employers are under no obligation to keep an employee on during their resignation notice period or to […]
Q&A: Our company policy says that employees … What can I do about this?
Question: Our company policy says that employees must obtain authorization before working overtime, but one of our employees has continued to work overtime despite my telling him to stop. What can I do about this? Answer from Kim, SPHR, SHRM-SCP: You may discipline for unauthorized overtime as you would for any other violation of your […]
Q&A: We want to promote an employee to a new position we’re creating … to apply as well?
Question: We want to promote an employee to a new position we’re creating. Do we need to give other potential candidates the chance to apply as well? Answer from Marisa, PHR: Generally, no. Only federal contractors are required to post open positions, so you can offer the employee the job without posting it for potential […]
Q&A: Do we have to pay for time spent at appointments related to workers’ compensation?
Question: Do we have to pay for time spent at appointments related to workers’ compensation? Answer from Monica, SPHR, SHRM-CP: In general, an employer is only obligated to pay an employee if they are seeking medical attention during work time at your direction. According to Department of Labor regulations, “time spent by an employee in […]