Blog Layout

An employee let us know they got a part-time job and would like to change their hours. Do we have to change their schedule?

dmgcomputer • Jan 26, 2023

No. An employee wanting to change their hours because they got a second job is not something you’re required to accommodate. Even so, we wouldn’t recommend immediately giving the employee an ultimatum to keep working their current schedule or resign. Instead, we’d suggest talking with your employee about different options to see what you can make work. They may have some scheduling flexibility with their new job. One of their coworkers at your organization may be willing to change or swap their shift. There may also be additional shifts with your organization they could work instead of seeking additional income elsewhere.

If you exhaust these options and are still unable to accommodate the employee’s requested schedule change, you may just need to tell the employee no and let them decide what to do.

This Q&A does not constitute legal advice and does not address state or local laws.

 


 

Answer from Lisa, PHR:

Lisa is a career copy editor and writer and has been editing HR and employment law copy for almost 20 years. She occasionally writes on HR topics, has been published in Quartz, and was recently interviewed for an article published in Business Insider. She received her PHR in February, 2021.

What Do We Do If a Paid Holiday Falls on a Weekend?
By Carla Marsh 28 Mar, 2024
The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.
Can We Reduce the Number of Hours an Employee Works?
By Carla Marsh 21 Mar, 2024
Question: Can we decrease the number of hours employees work? Answer from Daniel, SHRM-SCP: Yes. Absent an employment contract or other legally binding agreement, you can reduce an employee’s work hours—there is no law that prevents this. Hours are typically reduced for reasons such as a decrease in business needs, the company's productivity has decreased, job restructuring, or reorganization. It's important, however, to make scheduling decisions in a manner that is consistent with legitimate business needs and to ensure that you're being consistent in how you treat employees. Reducing an employee's work schedule can expose you to legal claims if it is perceived to be based on an unlawful reason such as discrimination or retaliation. And of course, there’s also the risk that the affected employee may decide to look for work elsewhere. Daniel has over 12 years of experience in the communications, government relations, political advocacy, and customer service fields. He has a BS in Journalism and Communications. He has run a small business of his own and sat on the Board of Directors of several local non-profits. In his free time he enjoys cooking, hiking, camping, and home brewing. From HR Support Center - Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
Is Remote I-9 Verification Right for You?
By Carla Marsh 14 Mar, 2024
Did you know you may still be able to verify I-9 documents remotely? But, you’ll need to use the new procedure. Learn more about it below. As we reported earlier, there’s a new I-9 form, and you should be using it for all new hires. When U.S. Citizenship and Immigration Services (USCIS) announced the new form, it also informed us about new requirements for remote verification of I-9 documents. USCIS has dubbed this the alternative procedure. With workforces having gone remote due to COVID, employers were able to view those documents remotely—temporarily. Now, if you are a qualified employer, you are allowed to conduct Form I-9 remote documentation verification for any employee hired on or after August 1, 2023. Qualified employers are those that are participants in good standing in federal E-Verify. Employers are in good standing if all of the following are true: • They have enrolled in E-Verify for all hiring sites in the United States that use the alternative procedure. • They are compliant with all E-Verify program requirements. • They continue to be enrolled in E-Verify and are in good standing at any time when they use the alternative procedure. Pros and Cons of Using E-Verify E-Verify is the USCIS’s free system that compares information from an employee’s I-9 to data supplied by the federal government to confirm whether the individual is authorized to work in the United States. It’s optional for most employers, though some are required by federal or state law to participate. Notably, most federal contractors and subcontractors are required to use the system if the contract contains the Federal Acquisition Regulation (FAR) E-Verify clause. Using the E-Verify system does not replace or alter any of the Form I-9 requirements, except that it now allows for remote verification via the “alternative procedure.” If you’re thinking about using E-Verify so you can continue (or start) to verify I-9 documents remotely, we recommend weighing the pros and cons of E-Verify and considering the required steps of the alternative procedure, which we’ve outlined below. Pros • E-Verify can help employers verify that an employee’s I-9 documents are genuine. The system is designed to reduce the risk of hiring undocumented workers. A primary advantage of using the E-Verify system is that the company may reduce its exposure to Department of Homeland Security (DHS) violations and fines. Proper use of E-Verify (assuming it’s based on a compliant I-9 process) acts as evidence that an employer is following employment eligibility laws. • Employers that hire students who have F-1 visas and have received a bachelor’s, master’s, or doctoral degree in science, technology, engineering, or mathematics (STEM) fields can access a 24-month F-1 STEM extension of the student’s work authorization that is only available to E-Verify employers. More information is available here. • Using E-Verify is a requirement for employers to use the alternative procedure for remote verification of I-9 documents. Cons • Use of the system adds another administrative step to the I-9 verification process with its own compliance requirements. E-Verify requires staff training as part of the enrollment process. • By using E-Verify, employers agree to allow the Social Security Administration (SSA) and DHS to perform periodic audits of their hiring records. Using E-Verify also does not decrease the chance of an I-9 audit; it may even increase the likelihood if you have a pattern of noncompliance. • Errors that might go undetected in the I-9 process may be subject to more scrutiny when your hiring data is stored in a government database. Employers should ensure their I-9 processes are compliant and ready to withstand inspection. • E-Verify can’t always detect if an employee is using legitimate documents that belong to another person. That said, the E-Verify Memorandum of Understanding (MOU) states that there won’t be civil or criminal liability for actions taken in good faith based on information provided by E-Verify. Alternative Procedure Steps If you would like to use the alternative procedure, you’ll need to take the following steps within three business days of an employee’s first day of employment: 1. Receive and examine copies of the employee’s Form I-9 documents (or an acceptable receipt) and determine if the documents appear to be genuine. If the documents are two-sided, employers need to examine copies of both the front and back. 2. Conduct a live video meeting with the employee. The employee needs to bring the same documents that they sent to the employer so the employer can ensure that they reasonably appear to be genuine and relate to the employee. 3. Check the box on Form I-9 (Rev. 08/01/23) that an “alternative procedure” was used to examine documentation to complete Section 2 or reverification. 4. Retain clear and legible copies of all documents that the employee sent to complete Form I-9, regardless of whether the documents are from List A, List B, or List C. Be advised that you can’t require employees to use the alternative procedure if they don’t want to, and you will need to perform an in-person examination for those unable or unwilling to participate in the remote verification process. This could arise when new employees don’t have access to the necessary technology or are uncomfortable transmitting sensitive personal information electronically, particularly if the employer hasn’t provided a secure way for them to do so. Also, if you offer the alternative procedure at a particular hiring site, it needs to be offered to all employees at that site. If you prefer, you can offer the alternative procedure only to remote employees and do in-person inspection for onsite and hybrid employees. Employers can’t choose when to use remote or in-person verification based on a person’s or group of employees’ citizenship or immigration status, national origin, or any other protected characteristic. From HR Support Center - Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
Do Employees Need to Sign a New Handbook with Each Change?
By Carla Marsh 07 Mar, 2024
Question: We recently made a couple of small updates to our employee handbook. Do we need to have employees sign a new handbook for each update? Answer from Shawna, SHRM‐CP: No. For small, minor updates, you don’t need employees to sign off, especially if you simply made an administrative change like updating the name of your employee assistance program provider, correcting a typo, or adding a clarifying statement. A simple communication to all employees to let them know that the change has been made, why, and where to find the change should suffice as notice. Larger changes, like a brand‐new policy or an update with essential changes, would warrant a new employee signature, especially if they could be disciplined for violating the new or updated policy. If you need to discipline an employee related to the new policy or update, their signature will help show that they were made aware of the change. After working in the mental health field for nearly a decade, Shawna became an HR professional and obtained a masters in Industrial/Organizational Psychology with a Society of Human Resources Management certification. She also holds a Bachelor of Arts in Psychology and a Minor in Sociology. In her free time, Shawna enjoys hiking with her family, backpacking, running, and reading.  From HR Support Center ‐ Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
What is the Best Practice for Conducting Employment References?
By Carla Marsh 29 Feb, 2024
Question: What should I know about checking employee references? Answer from Marisa, SPHR: Reference checks help you verify the employment information candidates provide, but they aren’t required, so it’s up to you whether you want to do them. Here are some practices we recommend if you do choose to conduct reference checks: Get permission from candidates to contact references. This should be part of the application process and can be a simple yes/no question. Determine at what point during the hiring process you will perform reference checks. Checking references earlier in the process may help you decide which candidates to interview, but it usually means doing a lot more of them. On the other hand, waiting until after a conditional offer has been made may slow the process down if you find reason to rescind the job offer. Some employers choose the middle ground and do these checks only for final candidates. Decide how much information you want to obtain in the reference check but be prepared for many employers to have a policy of doing no more than confirming the dates the candidate was employed with them. Be consistent. Do the checks at the same time in the process and for all candidates applying for similar positions. Ask objective, job‐related questions. Be aware that some states prohibit inquiring about salary history, though we don’t recommend asking even if it is permissible. Document the responses and keep them with your other recruiting and interviewing materials. Marisa has experience working in a wide variety of HR areas, including payroll, staffing, and training. Having supported HR functions in various industries, Marisa is able to apply her knowledge to each client's particular situation. Marisa earned her B.S. in Business Administration and Communications from the University of Oregon. She loves movies, trying new restaurants, traveling, volunteering, and spending time with her three dogs. From HR Support Center ‐ Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
Can We Include Hair Color in Our Dress Code?
By Carla Marsh 22 Feb, 2024
Question: Can we prohibit employees from dyeing their hair bright pink, aqua, or other extreme colors? Answer from Rachel, SPHR-SCP: Yes. Non-natural hair color is not a protected characteristic. Even so, there are a few things you may want to consider before making a policy about this: • “Extreme” hair colors are becoming more and more common, so restricting colors may dampen employee morale or limit your applicant pool. • You may need to provide exceptions for any coloring that is due to a religious practice or common for a particular ethnicity. • If you do make a policy, it may be hard to draw lines between what is and is not allowed (e.g., vibrant auburn v. rainbow red). You’ll want to be prepared for that, and make sure managers understand the policy so it can be implemented consistently. While employers generally have the right to set dress codes and guidelines for professional appearance, it’s best to have a sound business reason for any restrictions. If neon pink hair just feels unprofessional to you but is unlikely to affect your bottom line, it may be best to just let employees express themselves in this way. Rachel has a background as an HR Generalist in a variety of industries. After completing a B.A. in Psychology, she began her HR background in employee relations, staffing and payroll. During her free time, Rachel is an avid kayaker and plans to visit every National Park during her lifetime. From HR Support Center - Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
Should New Employees Get an Introductory Period?
By Carla Marsh 15 Feb, 2024
Question: Are we required to have an introductory period for new employees? Answer from Kim, SPHR, AAM, CPIW: No. Some employers call the first few weeks or months of an employee’s time with the company an introductory period, but this designation has no bearing on the rights employers or employees have. An introductory period doesn’t reduce the risks of termination (you should still have a good business reason and documentation) or mean that an employee let go during that time won’t get unemployment insurance. That said, the first few weeks and months are incredibly important for ensuring a long tenure. Multiple studies show that a good number of new hires quit within the first 90 days because their experience wasn’t what they wanted or expected. Turnover is costly, so investing time and resources in onboarding, orientation, and training new hires helps set them up for long‐term success and saves you money. In short, while there’s no legal requirement to having an introductory period, there is a huge financial benefit to delivering a great employee experience during these first weeks and months. Kim has held many Senior level HR positions including VP of HR and Administration for a California‐based Workers’ Compensation TPA, Director of HR for a benefit and risk management company, and board positions with a professional insurance association. Kim spends her free time tracking down her grown sons. From HR Support Center ‐ Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute
Seven Things to Consider When Providing Paid Time Off
By Carla Marsh 08 Feb, 2024
Everyone needs time off from work, but not everyone’s able to take it. Paid time off helps a lot. People are better able to take the time they need without worrying about a smaller paycheck. Employers demonstrate to their teams that they value them as whole people and recognize that time away from work is important as well. But implementing and managing paid time off isn’t a walk in the park. If you’re thinking about offering it to your employees, above and beyond what you may (or may not) be legally required to provide, here are some things to consider: What Does the Law Say? No federal law requires that private employers offer paid vacation time, volunteer time, or company holidays, so you don’t have to worry about that. However, if you operate in a state or locality that requires paid sick leave, paid time off, or any other kind of leave, make sure your paid time off policies comply with the relevant laws. If you’re not sure what laws may apply, check out the Leaves and Accommodations section of the platform. Keep any legal requirements in mind when reviewing the considerations below. What Can Employees Take Paid Time Off For? Some employers may opt for simplicity by providing a single paid time off (PTO) bank and telling employees they can use it for whatever they want. A consolidated bank of time provides employees with the flexibility to take their time as they like, sparing them the need to come up with a reason for requesting time off and you the task of tracking different types. There are, however, advantages to spelling out what employees can use paid time off for and having separate banks for each type of time off, especially if you’re in a state that mandates any kind of paid leave. First, having separate banks makes it easier to track whether you’re in compliance with applicable leave laws. These typically require employers to offer a certain number of hours based on how much an employee works or what they’re taking leave for. Second, identifying different types of paid time off tells employees that those are legitimate and good reasons to take time off. People should feel empowered to take time to grieve after a loss, volunteer after a local disaster, or take a planned day off simply to extend the weekend. Third, it can help encourage employees to stay home when they’re sick. By having some paid time off designated as paid sick time, employees under the weather won’t feel like they’re digging into their allotted vacation time when they call in sick. If you’re unsure what types of paid time off to offer, but you’re planning to offer it in some form, consider surveying your employees on what types of leave they’d like. How Do You Provide Employees with Paid Time Off? There are two basic ways to provide time off for your employees. The first is a lump sum at the beginning of the year (calendar or fiscal). The second is through an accrual system. The lump sum method is easier to manage and useful for employees who like to take their vacations toward the beginning of the year. The main downside is that employees may use up all their time early in the year and then quit, taking a full year’s worth of paid time off without having “worked for it.” But of all the costs that come with turnover, their use of paid time off is probably going to be very low on the list. The accrual method, in which employees earn time off throughout the year, avoids that problem, but it can complicate tracking and may restrict the freedom of employees to take time off when it suits them best. How Much Paid Time Off Should Employees Get? Now we come to the more difficult question, if for no other reason than you have so many options. According to Forbes, the average U.S. employee gets 11 paid vacation days, 8 paid sick days, and roughly 7 paid holidays. Typical amounts vary based on tenure, industry, geographical area, and the pressure of competition. It would pay to conduct a little research before setting any amounts for your employees. You could instead decide not to worry about specifics and just give your employees flexible or “unlimited” PTO. (We recommend against calling these plans “unlimited” as that’s rarely accurate in practice and can be confusing to employees.) With flexible PTO, employees have no set number of days off they can take, provided their time away doesn’t jeopardize their work or disrupt business operations, but this can be a blessing and a curse. Flexible plans like this are nice for the freedom they bring. Employees can request time off when they need it without worrying about going over a limit or having to fit activities in whatever time they have remaining. On the flip side, without hard limits, it can be difficult for employers and managers to set expectations around how much time is appropriate. Employees, fearful they’re taking too much or not viewing it as an employment benefit that needs to be “used up,” may well ask for less time off than they otherwise would. How Far Ahead of Time Should Employees Request Paid Time Off? While some reasons for leave may not allow requesting time off in advance—sick leave or bereavement leave, for example—it’s perfectly fine to require employees to request vacation time in advance. Two weeks beforehand is common, but you can shorten or extend that period of notice depending on how much flexibility you would like employees to have and how much time they and their teams need to prepare for their absence. You can also ask for more notice for longer absences, while still allowing employees to ask for a day off “last minute” if it turns out their schedule is clear. When and How Should Requests Be Denied? There will be occasions when you’re not able to approve a request for time off. You may not have sufficient coverage or the employee requesting time off may have unfinished projects that can’t be put off. There may be other reasons too. To avoid hurt feelings, unexpected denials, and the appearance (or reality) of discrimination, it’s best to have clear, objective practices around approving and denying requests so employees understand the criteria used. That criteria may be the order in which requests were made, the seniority of the employees requesting PTO, or manager discretion based on team needs and performance. Of course, make sure employees aren’t denied leave to which they’re legally entitled. Even if no leave laws apply, take care that no protected groups are disproportionately denied their requests for paid time off. If Black women or individuals over 40, for example, are denied leave more frequently than members of other groups, you could be looking at a discrimination claim. How Should Employers Respond to Employees Not Taking All Their Paid Time Off? It’s likely that you will have employees who don’t use all their allotted or accrued paid time off during the year. This is actually very common—so is working while on PTO, unfortunately—and while some employers might see this as a good thing, unused or underused paid time off may be a symptom of too much work and too little time to do it, which will only compound the likelihood of burnout. One option to help employees take their PTO is to allow them to roll over a certain amount of unused time to the next year. This at least gives them the option to use their time later if they aren’t able to use it during the current year. Another option is to require employees to take a certain amount of PTO during the year. This practice is not very common and comes with logistical challenges, especially if many employees haven’t taken their mandated time by the end of the year. Regardless of what you decide, if you’re concerned that employees are not able to take sufficient time away from work, we recommend looking into why that is. Simply setting up a generous PTO program doesn’t by itself establish a healthy work‐life balance. Employees need the freedom to take the time that’s right for them and actually get away from work. That means addressing factors that may be deterring employees from requesting PTO they’re eligible to take. From HR Support Center ‐ Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
Exempt Employee Taking Long Lunches
By Carla Marsh 01 Feb, 2024
Question: We have an exempt employee who has been taking a lot of long lunches and my boss wants to deduct time from her paid time off (PTO) bank. Can we dock her PTO for taking a long lunch? Answer from Kelley, PHR: You can deduct hours from this exempt employee’s PTO bank for time she was scheduled to work but didn’t work, but if it wasn’t made clear that you expected her to follow a set schedule, you’d only want to do this going forward. However, we’d suggest considering a different approach. First, speak to her about the long lunches. It’s possible she simply misunderstands how long her lunch breaks are supposed to be and is taking what she believes to be the correct amount of time. Ensure she understands what the consequences will be if she continues to take long lunch breaks. This discussion alone might solve the problem. Second, if the long lunch breaks persist, follow your standard disciplinary process. While PTO deductions are an option, they may not actually discourage the behavior you want to stop. If the employee is willing to use PTO to take long lunches, she may just continue taking them. Additionally, as this employee’s position is classified as exempt, if her PTO bank is exhausted, a deduction from her salary for missed time would not be permissible. Kelley has experience in human resources focused in Payroll and Benefits Administration and Employee Relations for small businesses. She graduated from Columbia Southern University with a Bachelor of Science in Business and Human Resources. In her free time, Kelley enjoys physical fitness, traveling to new places and spending time outdoors in the beautiful Great Smoky Mountains with family. From HR Support Center - Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
Can We Ask Employees About Food Allergies?
By Carla Marsh 25 Jan, 2024
Question: We’d like to cater lunch for employees. Do we need to ask them about food allergies? Answer from Margaret, PHR, SHRM-CP: No. However, employees who do have food allergies or restrictions would likely appreciate it if you made sure that they also get to partake of the free food. You can manage this by asking employees about food preferences or prohibitions ahead of time, ordering a variety of items so that everyone has at least one option, and listing the ingredients of the items that are brought in. Most restaurants should be able to accommodate a request for ingredient lists. We would caution against asking specifically about food allergies since this could potentially rise to the level of a disability inquiry under the Americans with Disabilities Act, which could be unlawful in this instance. By asking generally about food preferences and prohibitions, you can accommodate not only employees who may have food allergies and sensitivities, but also employees who are vegetarian, vegan, or have religious restrictions on what they can eat. Margaret holds a Bachelor of Arts degree in Psychology from Portland State University and a Professional Certificate in Human Resources Management. She has worked in a variety of HR roles in a multi-state capacity. Margaret regularly attends seminars and other continuing education courses to stay current with new developments and changes that affect the workplace and is active in local and national Human Resources organizations. From HR Support Center - Legal Disclaimer: This message does not and is not intended to contain legal advice, does not address state or local law, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
More Posts
Share by: