For 30 years, HR professionals have been working with the Family and Medical Leave Act (FMLA), a federal law enacted to protect employees’ jobs and medical insurance when they need to take unpaid time away from work for certain family and medical reasons. While FMLA has...
An employee came to us with a harassment complaint but said they didn’t want us to do anything about it. Do we have to do an investigation? Answer from Sergio, SHRM-CP: Yes, you should still investigate the complaint. Not investigating could expose you to legal risk if...
A candidate told us they have a disability. What do we need to do? Answer from Rachel, SHRM-SCP: We recommend asking if they need an accommodation during the application process, but above all, ensure that having this information doesn’t influence your hiring decision. The Americans with Disabilities...
We have a repeat applicant whom we offered a job to in the past. This candidate failed a drug screen back then, so we rescinded the offer. Can we reject them now based on their past drug screen result? Answer from Kyle, PHR: No, chances are that...
What is “at-will employment”? Does that mean I can fire an employee for any reason? Answer from Marisa, SPHR: At-will employment means that the employer or employee can end the employment relationship for almost any reason (with or without cause) at any time (with or without notice). It...
Can I limit the number of times an employee makes changes to their W-4? Answer from Margaret, PHR, SHRM-CP: No. IRS guidance states that an employee has the right to make changes to their Form W-4 as often as they would like, and you, as the employer,...
Protected classes—also known as protected characteristics—come from several federal laws (about half are from Title VII of the Civil Rights Act of 1964). Although we’re usually talking about them with respect to employment, they may also come into play in housing, education, and public accommodations. The...
Can an employee waive overtime pay with a signed letter? No. An employee can’t waive their right to overtime pay, even if they want to. The federal Fair Labor Standards Act (FLSA) prohibits the waiver of an employee's rights to overtime pay (and minimum wage) in...
Lately, we’ve noticed employees using wearable devices while working. We have a policy that limits personal cell phone use at work. Can we expand that to include wearables like smartwatches? Answer from Eric, SPHR, SHRM-SCP: Yes, you can expand your policy to include wearables or other smart...
Reminder: Annual OSHA Form 300A Posting Begins February 1 Employers that had 11 or more employees at any point in 2022 are required to post Occupational Safety and Health Administration (OSHA) Form 300A from February 1 through April 30 unless they qualify as an exempt low-risk...