Question: Can I prohibit wage discussions? Answer from Kim, SPHR, SHRM-SCP: Employers may not prohibit, or even discourage, employees from discussing their wages with one another. Likewise, employers may not in any way discipline or retaliate against an employee for discussing their wages or other terms and conditions of employment. Prohibitions of this nature infringe […]
Category: HR Q&A
Q&A: We are about to hire our 15th employee. I heard that some federal regulations go into effect then. What do I need to know about these?
Question: We are about to hire our 15th employee. I heard that some federal regulations go into effect then. What do I need to know about these? Answer from Margaret, PHR, SHRM-CP: Once you have 15 employees, the federal laws below would apply to you. Here is a brief summary of what you need to […]
Q&A: What is the difference between an exempt employee and a non-exempt employee? And how do I know who’s who in my office?
Question: What is the difference between an exempt employee and a non-exempt employee? And how do I know who’s who in my office? Answer from Kara, JD, SPHR: Good questions. The Fair Labor Standards Act (FLSA) is a federal law requiring that most employees receive at least minimum wage for each hour worked and overtime […]
Q&A: I received an email purportedly from our CEO requesting copies of employee payroll records …. Could this be a phishing scam?
Question: I received an email purportedly from our CEO requesting copies of employee payroll records. I checked with her, and she did not send this email. Could this be a phishing scam? Answer from Eric, SPHR, SHRM-SCP: Yes, this is likely a phishing scam. Inform your IT staff immediately and do not respond to the […]
Q&A: Can the same person be both an employee and an independent contractor?
Question: Can the same person be both an employee and an independent contractor? Answer from Monica, SPHR, SHRM-CP: According to IRS guidelines, it is possible to have a W-2 employee who also performs work as a 1099 independent contractor so long as the individual is performing completely different duties that would qualify them as an […]
Q&A: We’ve become aware of an allegation that an employee has been harassed at work, but the employee doesn’t want to file a complaint…
Question: We’ve become aware of an allegation that an employee has been harassed at work, but the employee doesn’t want to file a complaint. Do we need the employee’s consent to investigate the matter? Answer from Jenny, SPHR, SHRM-SCP: No. If you or any of your managers become aware that harassment, discrimination, workplace violence, or […]
An employee quit after training and orientation, but before starting their actual job. Do we have to pay them?
Question: An employee quit after training and orientation, but before starting their actual job. Do we have to pay them? Answer from Monica, SPHR, SHRM-CP: Yes, this former employee must be paid for the time they spent in required orientation and training, even if they did not begin their regularly scheduled work. Under the Fair […]
Q&A: We received a complaint about harassment. How should we respond?
Question: We received a complaint about harassment. How should we respond? Answer from Aimee, GPHR, SHRM-SCP: When a company suspects that an employee has violated its harassment or discrimination policy, we always recommend conducting a complete (and well-documented) investigation into the allegations. This includes speaking with the employee who made the complaint, the accused employee, […]
Q&A: One of our employees says they have a “serious health condition”… Can you tell me what the requirements are here?
Question: One of our employees says they have a “serious health condition” and need to take time off for treatment. Can you tell me what the requirements are here? Answer from Jenny, SPHR, SHRM-SCP: It’s likely the employee may enjoy protected leave under the Family and Medical Leave Act (FMLA). This federal law applies to […]
Q&A: Can an employee work for another employer while on FMLA?
Question: Can an employee work for another employer while on FMLA? Answer from Margaret, PHR, SHRM-CP: The answer to this question depends on whether or not you have a moonlighting or outside employment policy. If you do not have a policy that specifically prohibits employees from working for other employers, then the fact that they […]