Category: HR Q&A

Q&A: Political Discussions In The Office

Q&A: Political Discussions In The Office

Question: Some managers have been continually talking about politics in the office, not taking into consideration anyone else’s political backgrounds and beliefs. It gets offensive at times, but employees are afraid to say anything. Any advice on how this can be handled? Answer from Emily, PHR: In general, a private employer can limit political expression […]

What Is the Interactive Process, Anyway?

What Is the Interactive Process, Anyway?

The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate the disabilities of their employees and to engage in an interactive process when a request for accommodation is made. What is the interactive process? The Equal Employment Opportunity Commission describes it this way: the employee and the employer “communicate with each other about the […]

Q&A: We have an employee claiming they shouldn’t be classified as exempt from overtime … what are the penalties for mis-classification?

Q&A: We have an employee claiming they shouldn’t be classified as exempt from overtime … what are the penalties for mis-classification?

Question: We have an employee claiming they shouldn’t be classified as exempt from overtime. If it turns out they’re right, what are the penalties for misclassification? Answer from Kara, JD, SPHR: The cost of misclassification will depend on several factors, such as how many employees are misclassified, how much extra money they would have been […]

Why You Should Consider Progressive Discipline Before Termination

Why You Should Consider Progressive Discipline Before Termination

Terminating employment always comes with risk, even when it’s done for good cause. You can reduce this risk by using progressive discipline. As its name suggests, progressive discipline involves a progression of disciplinary actions with escalating consequences. When used to give employees with behavioral or performance problems time and opportunity to improve, it demonstrates good […]

Political Discussions in the Workplace

Political Discussions in the Workplace

The recent presidential election has given us generous helpings of drama, even though the election is several months in the past. With the recent months behind the president—and us—you’ll no doubt overhear political small talk in the office. Maybe even a heated argument or two! While a respectful debate over lunch or a brief remark tossed […]

Q&A: We want to terminate an employee who doesn’t fit with our culture. Can we do this? Do you foresee any issues?

Q&A: We want to terminate an employee who doesn’t fit with our culture. Can we do this? Do you foresee any issues?

Question: We want to terminate an employee who doesn’t fit with our culture. Can we do this? Do you foresee any issues? Answer from Kyle, PHR: First things first, check your policies and any correspondence (like an offer letter) that have been given to the employee to ensure that you have established an at-will employment […]

What to Expect If Your State or City Passes Paid Sick Leave

What to Expect If Your State or City Passes Paid Sick Leave

While only five states and the District of Columbia have passed paid sick leave laws, more and more municipalities—most recently Los Angeles, San Diego, and Chicago—are passing ordinances that require employers to provide paid sick time. Paid sick leave is clearly a trend—one we can expect to continue. While each paid sick leave law has […]

When to Take a Chance on an Inexperienced Applicant

When to Take a Chance on an Inexperienced Applicant

Every hiring manager receives applications from people who are clearly unqualified for the job. Sometimes, however, a candidate with no direct or seemingly-relevant experience applies for a position and, for some reason or another, captures their attention. Often the manager believes the promising applicant could be an exceptional employee, but that hiring the applicant poses […]

Q&A: Can we require exempt employees to clock in & out?

Q&A: Can we require exempt employees to clock in & out?

Question: Can we require exempt employees to clock in and out? Answer from Aimee, GPHR, SHRM-SCP: While it doesn’t violate the FLSA to have an exempt employee clock in and out, I recommend only tracking exempt hours if there is a business reason to do so. There are some valid reasons for tracking exempt employee […]