Question: We have had a few employees ask if they can take time off to vote. Do we need to allow that? Answer from Kara, JD, SPHR: Yes, you may need to allow employees time off to vote, and you may even need to pay them for it. The specifics will depend on state law. […]
Q&A: Can a non-exempt employee manage another non-exempt employee?
Question: Can a non-exempt employee manage another non-exempt employee? Answer from Kate, SHRM-CP: Yes, it is completely permissible for non-exempt employees to manage other non-exempt employees. In fact, employers are under no obligation to classify employees as exempt, even if they meet the criteria under the Fair Labor Standards Act. Employers may have an entire […]
Q & A: When are we required to pay for training?
Question: When are we required to pay for training? Answer from Daniel, SHRM-CP: In general, time spent in job-related training is counted as time worked and must be paid. However, not every lecture, meeting, training program, or similar activity would qualify. If all four of the following criteria are met, you do not need to […]
Q&A: What is the minimum amount of time that an exempt employee must work to be credited for the entire day?
Question: What is the minimum amount of time that an exempt employee must work to be credited for the entire day? Answer from Kara, JD, SPHR: If an exempt employee does any work, they must be paid for the full day—there is no minimum. For instance, if the employee came to the office for the […]
Q&A: We usually don’t mind employees chit-chatting … Can we tell employees not to discuss politics at work?
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 […]
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 […]