HRforME
About
- Username
- HRforME
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
Every state is different, but i can see where it changed from a voluntary term (her giving notice) to an employer termination (you asking her to stay until you decided you no longer needed her). So by her agreeing to stay and you finding a replacem…
-
You need to look at any plan documents for benefits as they will help you determine eligibility for things like 401k, health insurance, etc. Some of the determination is based on federal/state law and other choices could be employer policy (while ke…
-
You need to educate the employees about the 30 day change window. That's about all you can do. Because once they opt-in, they are under the POP for the whole year except for the 30 day change window. You could put the whole plan in jeopardy if you s…
-
I would be very very careful. Because anything you do say could later be used against you in either an unemployment claim or any type of discrimination claim. And often what you say is not what a person hears and repeats. It truly is not their busi…
-
Since you are in Oregon, you also need to take into account OFLA if you have more than 25 employees and it looks like the individual ee eligibility is lower than under FMLA. But again, you often can request the documentation under FMLA, OFLA or ADA…
-
As an employer, do you fall under FMLA and is she personally eligible ? If so, you can require that she fill out FMLA paperwork to see if the absences fall under FMLA. Then you can ask for her to plan her (foreseen) intermittent leave to impact the…
-
From a financial/business perspective, I am not sure some of the businesses that I work with can handle an almost 40% increase (from $7.25 to $10.10/hr)....especially on top of the increased cost of benefits/taxes/fees of the PPACA. I suspect i…
-
I have to wonder why the company ever assigned this employee to this disabled man if they had this knowledge prior to the employee working. Does this mean that you knew of the rape, but not who the victim was or that the employee was related to his…
-
The only real thing you (probably) need to be concerned about is unemployment benefits. And usually "not working out" isn't enough to preclude the employee from filing a UI claim and generally winning. If you are in TX, you really need documentation…
-
I thnk it is possible that a court in a state where vacation is wages could find that, absent a statute to the contrary, employers may be required to pay vacation without the employee taking time off, perhaps "on demand," meaning on the next paychec…
-
Just another followup...I was speaking with a group of payroll pros from different states and one brought up the possibility that this could be a union negotiated benefit, but that's the only place anyone had ever seen "vacation paid on demand" late…
-
(1) Therefore, it does not seem the constructive receipt doctrine preempts a state law saying vacation is wages or any of the consequences of defining vacation pay as wages. (2) It appears clear that, in California, vacation is wages that must be p…
-
Been thinking more about this vacation pay on demand (next pay date) idea ...and honestly wouldn't that run afoul of IRS constructive receipt and require that the vacation pay be taxed as soon as it was made available "on demand" regardless of wheth…
-
I'd be curious to know which states require cashing out vacation upon request. I know some states require payout out earned vacation time regardless of employer policy, but didn't realize there were any that did so at any other time than termination…
-
TXHRGuy's solution is a good one. Especially since it sounds like this was 100% the employer's fault. But honestly I am not sure how much goodwill you can buy with time or money once you take away the vacation/week. Is there truly no other soluti…
-
I would be very careful about putting the employer's business at risk to go after someone for an unfounded complaint against one single employee. Especially if the email was only seen by the CEO and HR. Depending on the nature of the complaint/alle…
-
I think the "only" part is where you could get into trouble. That is limiting your pool and possibly bydisparate impact on one or more protected classes. I don't know of cases, but would suspect that any claim would be under age discrimination und…
-
salary.com is notorious for being high. Most HR/payroll people scoff at the results. They are not true compensation surveys as they just take the information as entered from people you as their data source. That can truly skew the results. If you…
-
Agree with HR36 about the courts moving towards giving the employee the benefit of a FMLA eligibilty employer mistake. Also your state's workers comp laws can also come into play with employee protections in termination/light duty/return to work tim…
-
Not sure whether you mean time for the medical aspect or for the bonding aspect. You should consider those separately. Medical: yes, your pay policy should be one for any type of medical leave (which would include pregnancy). You shouldn't pay mate…
-
I have actually demoted someone without a conversation. Why? Because the situation was such that under the law, I pretty much had to do so to protect the employer's liability. Because for that situation/employee, he was known to be very argumentati…
-
There are no laws that require them to divulge any complaints or investigations to you. Or give you a chance to change or even ask your point of view. As a matter of course, most HR/companies do everything they can to keep the complaints/investiga…
-
Some thoughts.....I would read through this : eeoc.gov/facts/deafness.html Here's just a few small excerpts: "...However, if an employer reasonably believes that an applicant with a known hearing impairment will need a reasonable accommodation to …
-
825.205: "(b) Calculation of leave . (1) When an employee takes leave on an intermittent or reduced leave schedule, only the amount of leave actually taken may be counted toward the employee's leave entitlement. The actual workweek is the basis of…
-
Are these exempt or non-exempt employees? What state(s) are you in? My answer is based on federal law only. You will need to see if your state law has any further requirements. When staying home for sick person/child, if they are exempt, as long as …
-
Our customer service reps, who we call front desk attendants, are not allowed to have their cells with them at all while working. They are to be in a locker or in their purse/car. We have a main phone line that can be used for emergencies. There is…
-
You can always pay an exempt employee on an hourly basis. Bill Gates at Microsoft could be paid hourly. The exemption is just that...an exemption IF the employer wants to use it. It is not a requirement that MUST be used. If you do pay hourly, howe…
-
It might depending on how deeply each employer goes and often that is dependent on the actual job. Some just check to see if you actually got the degree that you are claiming. Some might ask for a transcript. While there is only a small possibility…
-
Most applications have some type of statement that omissions found later can be considered falsifications and a reason to terminate employment. I don't have my crystal ball today, it's in the shop, so I can't tell you whether govt or private could…
-
I answered on the other post.