NYGiants
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Generally, so long as there is a legitimate, nondiscriminatory and business-related reason for a policy, the fact that it treats employees differently will NOT be considered discrimination. As always, document, document, document the reasons for dif…
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How about rotating each year? Names could be randomly drawn to etablish leave "groups" (even and odd year) and the employees in each group would be entitled to holiday leave in their "year". I would also enable trading from year to year, but establi…
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If you are a subscriber to BLR's website, there is a great section on succession planning (http://hr.blr.com/analysis/Staffing-Training/Succession-Planning/Alaska/). If not, I believe this resource is available free on the site (to non subscribers) …
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The FMLA leave entitlement is only affected if the employer's policy requires substitution of available paid leave for unpaid FMLA leave. The employer's leave bank policy should specify whether FMLA leave runs concurrently or consecutively with leav…
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http://community.blr.com/hr/forums/thread/1109.aspx Had a similar discussion a while back -- this may help.
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Was this what you were looking for? Probationary Period ISSUED: ________________________ NUMBER ______________________ INTRODUCTION The Bank recognizes two separate conditions which result in staff members being placed on prob…
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The answer with the ADA is ALWAYS -- it depends. The individual has to be substantially limited in one or more major life activities to qualify as "disabled" under ADA. So, to determine whether the employee is covered, the employer should determine …
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I don't have a PowerPoint, but the following checklist might help: The following items are to be discussed with the new employee upon his/her successful completion of physical exam. Discussed Sign up Employee 1. Equal Opportunity Em…
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Better employees may be the answer and they are not hard to find in this economy. But before you give up on the employees you have, two things come to mind - performance goals and an enforcer. Set deadlines for work projects so that work must be d…
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geez - sounds complicated. In MA, the maximum amount that may be garnished for support is 50 percent of disposable earnings if the employee is already supporting a spouse or dependent child, and 60 percent of disposable earnings if not. If the perso…
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what state are you in?
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If these minority vendors are government contractors and you do enough business with them to qualify you as a covered subcontractor, you may have affirmative action obligations under Executive Order 11246. Check with the OFCCP website to see if you …
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Thanks IT!
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An independent contractor is self employed. A temp (or contingent worker) is hired through a staffing service. A contract employee is "hired" by contract to do a job. Sometimes the contract is negotiated by an outside firm. Leased employees work for…
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See other forum discussions at: http://community.blr.com/hr/forums/thread/7588.aspx http://community.blr.com/hr/forums/thread/1658.aspx http://community.blr.com/hr/forums/thread/7688.aspx http://community.blr.com/hr/forums/thread/3704.aspx
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There have been some good discussions on this forum regarding gossip at: http://community.blr.com/hr/forums/thread/2731.aspx http://community.blr.com/hr/forums/thread/890.aspx http://community.blr.com/hr/forums/thread/2434.aspx I think the gist …
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In the 2009 final FMLA regulations, the DOL has clarified that missed overtime must be counted against the employee’s FMLA leave entitlement if the employee would otherwise have been required to report for duty, but for the taking of FMLA leave. Th…
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IRS has a good explanation of the tax credit (i.e., "normal" people can understand it) at http://www.irs.gov/newsroom/article/0,,id=204447,00.html , Q&As at http://www.irs.gov/newsroom/article/0,,id=205922,00.htmland a new withholding calculato…
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Agreed. The people, professionalism and the depth of knowledge on this forum is really great. TXHR Guy, cappy, ITHR and many others make this a reliable and good place to go for advice.
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Do you have a discrimination policy? What does it say about discipline/termination for such action? I would say that this is a highly aggregious discriminatory act (it doesn't matter what the manager intended to do - i.e., be "funny"). I think you a…
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First, my most sincere wishes that your organization can pull out of this, restructure, or make it through in some other way. Though I have not been through this as a professional, I did find some materials that might be of help to you . . . you mig…
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This article has some good tips: http://www.bizjournals.com/triangle/stories/2002/04/08/focus7.html
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Great question -- I think a lot of people misunderstand this one . . . the adult son or daughter has to be BOTH incapable of self care AND disabled (as defined by ADA). The final FMLA regulations say: ``Incapable of self-care'' means that the indivi…
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I think you should consider whether the PTO policy adversly impacts a legally protected group. For example, are most of your part-time regular employees women, a racial minority, over 40, etc.? Are most of your part-time professionals white, males?
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This might help you determine if you are covered: http://www.dol.gov/elaws/esa/ofccp/determine.asp
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It may be just a mass mailing, but you may also be required to comply if you are a covered subcontractor. Executive Order 11246 sets requirements for federal contractors and federally assisted construction contractors and subcontractors who do more …
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Hi Griselda: What you are describing sounds more like a leave bank or leave donation program. Employers that are considering the adoption of a leave bank/donation program should first determine employee interest in such a program and then consider t…
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The state law would most likely prohibit such a question or make it dangerous to ask, as it would reveal a marital relationship . . .. but the state law only applies to employers with 50 or more employees, so you may or may not be covered, depending…
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I agree that the undue burden threshold is pretty high. In the situation you describe though, one person per department would mean that the person would have to be at least temporarily replaced. The replacement may have to be trained. Depending on t…
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You are right to be concerned about this. . . . it is most likely that the employee is also covered by the federal ADA (if your organization has more than 15 employees). In that case, you should talk reasonable accomodation. Leave (above and beyond …