Paul
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There must be a certain amount of trust placed in your top IS staff. They hold the keys to all of your electronic "secrets". However, with that being said, there are some steps that you should take to protect sensitive information (i.e. results of…
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You may want to modify the form to record who was present in the meeting. Remember, under the latest NLRB ruling all employers (union and non-union) must allow an employee to have a co-worker present if the believe that the meeting may lead to disc…
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You didn't state whether or not the searches would be "for cause" only, or if they would be random. This is a VERY important piece of your policy that must be explained in detail. Make sure that you include the language stating that there is "no r…
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We have always taken the position that if an exempt employee comes in to work for even 15 minutes, they are eligible for a full day's pay. For an exempt employee to use up any sick leave, they essentially have to call in sick for the whole day. So…
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Don't despair. It is the same way with our multi-state company. It does not make sense, but it is the way that things happen sometimes. I have fought this for five years, and only in the past 3 months have I finally gained access to the payroll s…
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The FLSA is a federal law and really does not apply here. You want to know the state law for the states that you are in. Other areas that you will want to check on are: 1. The definition of "wages" for your state(s). Some states factor in man…
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You may also want to check into the PDA (Pregnancy Discrimination Act) to make sure that there are not leave provisions for after the birth of the child. I know that there are traps that you can fall into with the PDA on pre-natal care. If you hav…
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KenB, It has been my experience that whenever Federal and State laws clash, Federal laws trump state laws UNLESS the state laws are more restrictive for the employer. Where state laws help the employee, I don't think that you will be too far out o…
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In addition to the ones already listed, check out SalaryExpert.com. They are also a pretty good source.
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Mike, In our orientation of new employees, we cover the "use it or lose it" aspect from the standpoint that they (the new employee) are valuable to us, and we want them to take the time off to be with the family, pet, etc. We are in the medical pr…
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Is this policy cast in stone? If not change it. This sounds like a bureaucrat made this decision without talking to HR for advice/input. What HR might have suggested would be a program where any time over 480 gets put into a "Catastrophic Leave" …
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This is sometimes used to try to encourage employees to save their sick leave, etc. rather than use it for minor illnesses, etc. Companies do this to help keep attendance and productivity up, avoiding scheduling problems, etc. while realizing that …
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We have a "use it or lose it" policy regarding vacation time and do not allow any "banking" of time. Although we initially meet with some resistance from prospective employees, we explain it by the fact that we want them to use the time and not cas…
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Scott, Are you sure about that URL? I could not get it to come up. I will try again later today, as they may be having problems with a server. One other thing that I did not mention, there are always state laws to contend with if the overarching…
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We as a general policy do not award sick leave or vacation leave when an employee is out on Workers' Comp leave. If I am not mistaken, the only place where you can get hung up if you decide to not award the vacation leave is if the Workers' Comp in…
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There are a couple of other pieces of information that need to be evaluated by your management team before you jump to a termination. Did you do a pre-placement physical exam of the employee? Was the employee given a job description that clearly s…
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Whoa, DB. There is a BIGGGGGGG benefit to the employees for them to use the FMLA. You stated that they have enough time so the job protection isn't a big deal. Although this sounds right on the surface it is actually wrong. True, they can take t…
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1. Yes, you can designate the leave as FMLA even if they don't ask for it to be so. 2. Yes, send a letter with all of the paperwork, etc. and explain in the letter that you are tentatively identifying this as FMLA leave pending the receipt of the ph…
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The old HR adage "No good deed goes unpunished." comes to mind. I would have to double check to see if it applies to the application process, but I know that if you terminate someone and don't tell them the real reason for the termination, you hav…
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Thanks, Tish. We will be doing the meetings & acknowledgments tap dance as well.
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What about parking lots? I believe that the MO law states that we can not ban the weapons from a parking lot. Can you verify?
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Here is the insert that we put in 6 years ago. At that time it was cleared by our attorneys. Hope this helps. I acknowledge and agree that I have received a copy of the Employee Handbook from ______________________. I understand that this handbo…
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Mike, Here are a couple that I used in a recent Title VII seminar for managers. The author of both of these quotes is also shown below. “No Good Deed Goes Unpunished.” “Because I am a woman, I must make unusual efforts to succeed. If I fail, no …
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We have a policy that states that once a year an employee can look at their personnel file. The employee has to request the meeting, as HR must be present the entire time. The length of time is a maximum of one hour, and no copies can be made of a…
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Unlike medical files, yes you can keep the I-9 files in with the personnel files. It is not a good idea, however. The rationale is that if an INS investigator shows up (unannounced, of course) and wants to see your I-9 files, you will have to give…
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Paul, I have gone through a couple of DoL investigations in my career and so far (knock on wood) we have come out squeaky clean. I put this qualifier up front to let you know that I am speaking from experience in this matter. I understand the fru…
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A couple of quick points. 1. Do not attempt to mislead the investigator. If the handbook that you have is in draft form, do not provide it. It is not against the law to operate a company without a handbook. 2. Dig up the circumstances surrou…
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What a mess. Although you have not identified who you are and where you fit into the organizational chart for this company, I am going to assume that you are the supervisor of the HR person. First off, do you have a policy on reasonable suspicion …
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Margaret, We are a multi-state employer and it has been our experience that in most cases, the courts will defer to what the employer has communicated to the employee via a written handbook, policies & procedures, and meetings. The question th…
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Just a couple of quick notes: 1. I agree - check your attendance policy to see if there is reason to terminate on a "no call - no show" basis. 2. Talk with your corporate attorney - you may find that it will be easier to fight the inevitable l…