HR36

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HR36
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  • According to BLR's website: Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation is based on a mistaken designation. See Murphy v. FedEx National L…
  • Hi Amy: The Board's coverage is based on interstate commerce levels. It is so minimal that you are most likely covered, but see http://nlrb.gov/faq/poster to judge for yourself.  The date for posting the new noticee is also a moving target, see http…
  • If the employees absence "casts doubt on the validity of the certification" the employer may be able to request recertification less thaqn every 30 days (see DOL opinion letter May 25, 2004 FMLA2004-2-A) The FMLA regulations at §825.308(a) limit rec…
    in FML Abuse Comment by HR36 May 2010
  • Employers may mandate direct deposit into an employee's bank or other financial institution as long as the employee has access to the full amount of wages on payday and incurs no additional costs (KY Rev. Stat. Sec. 337.010).
  • When writing your narrative toward meeting goals, don't "confess" to underutilization (don't speak the word). Simply state yes or no to the question of whether you must establish a goal. How about recruiting efforts, outreach, advancements and promo…
  • It really depends on how serious and whether the employee can certify a serious health condition. The new FMLA regs have rules for out of the country certification. I would use the new DOL medical cert form for employees (http://www.dol.gov/esa/whd/…
  • According to guidelines issued by the Ohio Civil Rights Commission, it is discriminatory to ask job applicants about arrests that did not result in convictions, unless a bona fide occupational qualification is certified in advance by the Commission …
  • There is the WARN Act, if the layoff fits the criteria.  OWBPA applies to all employees over age 40 (I believe) that are being offered a severance/benefit in exchange for a waiver/release of potential claims. I do not believe it matters whether the…
  • Sorry - have not heard of the organization.
  • As far as I know, the only limitation to qualify for benefits in NE is that the employee must meet the minimum monetary requirements of earning at least $2651.00 in the base period (first four of the last five completed calendar quarters, prior t…
  • Sorry - just looked at the string of answers and realized that you need different info. We keep all applicant info (hires or not) on a data spreadsheet, input at time of application/hire.  OFCCP has produced a sample AAP that contains sample spreads…
  • Hi - OFCCP's rules require most contractors to retain all employment and personnel records for two years; smaller contractors (those with fewer than 150 employees or with a contract worth less than $150,000) must keep records for only 1 year. This …
  • How about when a "beloved" paternal grandmother dies twice???
  • I could not agree more with the posts here -- I think the best way to get these shows off the air is to "vote with your feet". Don't watch the shows and they will go away (assuming that many other people feel the same way). At a minimum, I improve t…
  • Jake is right - take a look at OSH interpretation letter 02/26/2003 - Workplace exposure limits for ultra-violet radiation.[1910.97; 1910.1096]  Question: Are there any OSHA regulations for workplace exposure limits to ultraviolet radiation? Respons…
  • The sole driver on who is exempt and nonexempt is the FLSA test of salary and duties. So, the only reason you should have an exempt category for employees is if they meet the FLSA's standard for an exempt position.
  • If the pattern also falls on Mondays/Fridays, the FMLA also allows an employer to ask for recert, as such absences cast doubt on the original certification. See May 2004 DOL FMLA opinion letter)
  • Wow - that's a lot of questions. Maybe you should start by looking at the exempt/nonexempt rules under the FLSA to see if you are exempt or noneempt (or ask your employer how they classify the job). See the DOL website at http://www.dol.gov/esa/whd/…
  • Might also want to counsel the threatened employee - if the threat is legit, he may have recourse. I wouldn't go stirring up the hornet's nest, but you should act to protect employees
  • Thanks!
  • Dear  Regrettably, I must inform you that as of _____________ your 12 weeks of leave under the federal Family and Medical Leave Act was exhausted. The state in which you are employed does not mandate any additional leave rights beyond this time per…
  • If you have an professional conduct code, that might be a good place to start. While employees certainly have the right to express themselves, they may not libel the company, nor may they share any company IP. Managers may also be prepped on the bas…
  • In order to define on-line/internet applicants properly, we really just broke down the EEOC's internet applicant definition. So, for us, an "Internet Applicant" is any individual that meets the following four criteria:       • The individual sub…
    in OFCCP Comment by HR36 October 2007
  • I agree with Kate -- celebrate the season and you'll be safe. My son's school also follows this policy due to the religious objections of some families, and the kids get as much enjoyment out of it as ever.
  • Thanks Bibi - this is exactly what I needed!
  • Thanks Bubbles -- I will give this a try!
  • Rather than seeking generic data, you might want to go at it in a  more company or job-specific way. Take a look at your organization and consider all costs associated with hiring for either all jobs, or a specific position. Look at (I pasted this f…
  • We grade jobs based on necesary skills, education, and experience. Grades are then grouped into ranges, each grade having an overlapping rate range. Allows for flexibility between grades and pay. We do adjust the rate ranges every few years to accou…
  • Hi - I have heard crazy figures, like 200%, but I think the Bureau of Labor Statistics (BLS) might have what you want, see http://www.bls.gov/opub/ils/pdf/opbils56.pdf for contact info.  Here is another articles for managing turnover: http://www.ccf…
    in Turnover Comment by HR36 August 2007
  • I would focus on the undue hardship issue rather than the question of whether his belief is sincerely held -- it is easier to prove. To determine whether the religious accommodation presents an undue hardship, consider whether allowing him time off …