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  • Re: Fulltime workers and parttime workers benefits

    What state are you in? Do you have written policies on benefits eligibility and accrual?
    Posted to Benefits & Leave (Forum) by TXHRGuy on April 15, 2013
  • Re: Employee with sick kid wants to change work hours

    How many full-time employees do you have? What state are you in?
    Posted to Benefits & Leave (Forum) by TXHRGuy on April 15, 2013
  • Re: Vacation Policy

    There are all sorts of gray areas where HR professionals have to make judgment calls about the best course of action in an uncertain legal landscape. Sometimes, risk management requires reading the tea leaves. Although this one may seem remote to you, and it probably is remote, the process of considering possibilities in uncertain circumstances is part of the profession. Otherwise, HR would be purely bureaucratic.
    Posted to Benefits & Leave (Forum) by TXHRGuy on April 4, 2013
  • Re: Non-Exempt Holiday Pay

    Under the Fair Labor Standards Act, you are only required to pay a non-exempt employee for the hours worked, at the applicable rate ( overtime rate in this situation). However, there may be a state minimum hours requirement, depending on where you are located. Additionally, there may be some policy, practice, contract, or collective bargaining agreement that provides otherwise (as long as the policy, practice, or agreement would provide at least as much compensation as required by law). Without knowing
    Posted to Compensation (Forum) by TXHRGuy on April 2, 2013
  • Re: Vacation Policy

    HRforME: (2) Agreed in CA that vacation is wages and must be paid on termination and the way to avoid large payouts at term is to cap max accruals. Since there is no law/rule to be found on vacation payment on demand, that generally means that the employer CAN impose limits on the receipt as long as they don't go against state law. RIght now state law only requires it to be paid at termination . It's like you are looking for something that does not exist or trying to prove a negative. I think you
    Posted to Benefits & Leave (Forum) by TXHRGuy on March 26, 2013
  • Re: When can you ask for Dr. Note from employee changing availability in schedule due to therapist visits?

    I agree with everything HRforME has said, and add only that you should be careful not to allow your discussions with the employee to cross over into impermissible medical inquiries. ADA addresses not only reasonable accomodations, but also unreasonable medical inquiry. It also requires medical information to be stored separately from the employee file, and notes from doctors are generally thought to contain "medical information."
    Posted to Discrimination (Forum) by TXHRGuy on March 26, 2013
  • Re: Communicating termination reasons to other employees

    Defamation should be a concern. At least one court has held, contrary to the majority view, that truth of the published statement is not necessarily a defense to a claim for libel. The case involved an email truthfully explaining that the employee had been fired for violating the company's travel and expenses policy. Just do a search on "is truth always a defense to defamation?" Most people who still have a job want to know why someone else lost theirs. Most people who lost their job want to maintain
    Posted to Performance & Termination (Forum) by TXHRGuy on March 26, 2013
  • Re: Interviewing for a current employees position

    There's no good reason to mention it, and there are a lot of good reasons not to mention it.
    Posted to Performance & Termination (Forum) by TXHRGuy on March 13, 2013
  • Re: Vacation Policy

    That's somewhat beside the point: the constructive receipt doctrine only determines when taxes must be paid. It also describes the conditions under which one may avoid its consequences. However, it does not forbid states from permitting pay schemes that automatically invoke its consequences. 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. It appears clear that, in California,
    Posted to Benefits & Leave (Forum) by TXHRGuy on March 13, 2013
  • Re: Considering convictions

    hrst: Our current job applications ask“ Have you been convicted of a felony in the last 10 years?” I understand that EEOC guidelines say that conviction must be recent and relevant to deny an applicant employmnent. The guidelines consider 7 years as recent for felony. Are we out of compliance with current guidelines. What do your applications request? If I understand you correctly, you said that your application asks "in the last ten years" and the guidelines indicate that "recent" means "in the
    Posted to Discrimination (Forum) by TXHRGuy on March 12, 2013
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