regdunlop
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i belive the compliance date for employers is sometime in november 2009. meanwhile you'll want to update your nondiscrimination policy if you haven't done so already. you'll also have to make sure your confidentiality of medical information is in c…
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i agree with txhrguy that this requires more than a reprimand as your attorney advised. of all the information i have read about workplace violence the one point that comes across is that there were always warning signs before the incident that sho…
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i agree that something fishy is going on but there's lawful retaliation and unlawful retaliation (such as firing an employee for filing a complaint with the equal employment opportunity commission). maybe there is an illegal reason behind the treatm…
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we are not a government contractor, but if you have contracts with state governments i'd imagine you will have to see what each state requires of contractors and then draft your plan accordingly to cover all of the requirements. sites like this one …
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federal law requires payment for hours worked only (in your case 1.5 hours of mandatory training). your state law might be different. what state? plus, are there any travel time issues?
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besides discipline rewarding,recognizing behavior that you want in the workplace is another way to assure adherence to company policy. what type of reward/recognition system do you have? they need to be carefully created and implemented to be effec…
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check both state and federal law. you can find information on benefits under federal law here: http://www.dol.gov/elaws/vets/userra/benefits_2.asp under healthcare benefits it says: "USERRA provides for the continuation of health benefit coverage f…
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another issue is that it sounds like you are paying this employee as an exempt employee. if you were paying the employee as nonexempt he would be eligble for overtime pay at 1.5 the regular rate of pay. under the fluctuating work schedule formula y…
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"Where records are maintained, it is recommended that they be kept separately from the employees basic personnel file or other records available to those responsible for personnel decisions.""Any personnel or employment record made or kept by an e…
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i am a little confused. i thought california required a 30-minute break? i clipped a FAQ fromt he state. here it is: http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm Under California law (IWC Orders and Labor Code Section 512), employees must be pr…
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i think it calls for some definitions and clarification. for example, what does a 3 on the scale mean and how many employees will generally fall into that category. what does absenteeism mean? will that cover absenses protected by law (watch out)?…
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i aint no tax expert but i doubt there is a loophole like the one you describe. but i believe there are cases that tuition help can be treated as non-taxable income above $5,250. see this irs pub "Benefits over $5,250. If your employer pays more…
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how has your company handled other situations like this but involving another protected characteristic? i would be consistent.
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we change the review date to the date of the promotion when a promotion occurs at another time than the review date.
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well you don't want to paint yourself into a corner. you want the language to be clear that your company retains the right to decide whatever disciplinary action is appropriate for every situation. for example you want to reserve the right to termin…
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i would follow your regular procedures for conducting drug tests. when does your policy say your company will test? if you don't conduct random tests i wouldn't start with this one employee.
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are employees required to go to this luncheon? are employees reprimanded if they fail to attend or participate in the meeting because they are uncomfortable with the prayer? are there important networking opportunities that they miss? if they are t…
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we pay half of gym and other wellness memberships. we don't have any requirements for attendance. but we require receipts for proof of paid membership fees. by paying half, some of the money still comes out of the employee's pocket and that acts as…
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i think a generic response is better. who has the time to write a detailed analysis for every candidate that makes it to the interview stage?
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are you sure the employee qualifies for the admin exemption and the computer pro exemption? to qualfiy for the admin exemption the employee must exercise "discretion and independent judgment." here is a dol fact sheet http://www.dol.gov/esa/regs/co…
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i agree that it doesn't matter where she recuperates and you should be careful to avoid retaliating against her. anyway the fact that she was upfront with you about the vacation indicates to me that she had nothing to hide.
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what no ron paul? in all seriusness i long for the the clinton years with regard to the economy. what i don't miss is the cynicism so i go with barack obama. yes more regulation but that would be more than offset by a better economy.
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vacation days aren't counted as hours worked for the purpose of OT. the employee is still obviously paid for the time actually worked just not at the OT rate. you would want to make sure you didn't promise the employees the OT rate when you announc…
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to answer part a of your question you should look at FMLA reinstatement rights and also how your company treated other employees who are absent with other temporary disabilities.
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you are in a tough spot. i think courts are in the process of figuring this issue out as more americans become obese. i believe that generally under federal law obesity isn't covered by ada unless it is morbid obesity. as someone noted above there'…
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have you verified there wasn't any mistakes in your records such as a typo? if so, have you asked the employee to confirm that your records are correct?
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it's unclear from your post whether the employee has exhausted her 12 weeks of fmla (if she's entitled to it). even if she doesn't request fmla specifically she has put you on notice that she requires it for what seems like a serious medical condit…
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i agree that flex time is allowed because you aren't subtracting from exempts' pay but that it can create some headaches as far as tracking it and making sure it isn't being abused. i have worked for an organization that had a flex time policy that…
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not sure about fabricators or painters. see if their duties qualify under the learned professional or creative professional exemptions. for the learned professional exemption "The employee’s primary duty must be the performance of work requiring adv…
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i think your company's money would be better spent on sending the employees to english language classes or bringing an instructor into your workplace for the employees. i doubt you could learn enough through software to be able to explain complex hr…