Question: We recently promoted an employee and switched her to salaried exempt. Do I need to pay her the overtime that she worked before I gave her the promotion and raise? Answer from Rachel, SHRM-CP: Yes, the employee is still eligible for the overtime she worked prior to when the exemption from overtime went into […]
Category: HR Q&A
Q&A: When is it appropriate to use a performance improvement plan as opposed to a disciplinary action notice or a record of employee conversation?
Question: When is it appropriate to use a performance improvement plan as opposed to a disciplinary action notice or a record of employee conversation? Answer from Megan, JD: Performance improvement plans (PIPs) are best suited for performance issues, such as an employee not hitting their required sales goals or failing to complete projects on time. […]
Q&A: If we require employees to arrive ten minutes early to prepare for the start of their shift, do we have to pay them for this extra time?
Question: If we require employees to arrive ten minutes early to prepare for the start of their shift, do we have to pay them for this extra time? Answer from Kara, JD, SPHR: Yes. Under the Fair Labor Standards Act (and likely state law as well), you must pay employees for all hours worked. This […]
Q&A: How do I track FMLA leave?
Question: How do I track FMLA leave? Answer from Sarah, PHR, SHRM-CP: After determining that a leave is covered by FMLA, you should begin tracking time against the 12-week entitlement. You’ll track this time in whole-week increments if the need for leave is continuous. Each week missed will be counted as 1/12th of their total […]
Q&A: Can I ask an employee if she’s pregnant?
Question: Can I ask an employee if she’s pregnant? Answer from Angela, PHR: We recommend you not ask an employee if she’s pregnant. Generally, employers may not inquire about an employee’s private health information unless an employee has requested an accommodation or leave. It’s understandable that you will need to plan for her absence; however, […]
Q&A: We hired an employee about a month ago … Now they say that they can’t work weekends. What should we do?
Question: We hired an employee about a month ago, and at the time of hire, they said they could work weekends. Now they say that they can’t work on weekends. What should we do? Answer from Celine, SHRM-CP: It depends. In general, if an employee is unable or unwilling to work the hours they had […]
Q&A: We have an hourly employee … two different locations and under two titles… Will he need to be paid overtime?
Question: We have an hourly employee who will be working at two different locations and under two titles, 25 hours at one location and 25 hours at the other. Will he need to be paid overtime? Answer from Kara, JD, SPHR Yes. Titles, job duties, and locations are irrelevant—focus only on the total number of […]
Q&A: We have over 50 employees, … how do I determine whether an employee is eligible? And what do I do if they are?
Question: We have over 50 employees, so I know the FMLA applies to us, but how do I determine whether an employee is eligible? And what do I do if they are? Answer from Emily, PHR: Great question! An employee is eligible for FMLA if they: Work for a covered employer Have worked for the […]
Q&A: An employee quit without notice midway through the workweek. Do I have to pay them for the days they didn’t work?
Question: An employee quit without notice midway through the workweek. Do I have to pay them for the days they didn’t work? Answer from Ophelia, SPHR, GPHR, SHRM-SCP: No. If the employee is non-exempt, you only need to pay them for the time they worked. And while exempt employees usually must be paid for the […]
Q&A: Do we have to pay employees for time spent at outside training courses?
Question: Do we have to pay employees for time spent at outside training courses? Answer from Jenny, SPHR, SHRM-SCP: Yes, you will most likely be required to pay for the hours an employee spends at a training course and those hours must count toward any overtime calculation. The time that employees spend in training courses […]