How to Handle Prospective Employees with Tattoos?

Set Your Tattoo Policy with Care

By Tripp Ritter, PayScale

Here's a problem HR managers didn't face in the good old days. What to do about prospective employees who have facial piercings or visible tattoos? Is it any different for existing employees? The questions matter for more and more employers. A surprising number of potential hires are tattooed, and its not just the kids. According to the Pew Research Center, four of ten 26 to 40 year olds have at least one tattoo.  

Round Nonexempt Hours Correctly

Work-Time Calculations: Rules on Rounding Hours Q&A

“Rounding” is generally accepted under the FLSA, but only as long as the rounding practices “average out” and nonexempt employees are paid properly for hours worked. Find out how to implement this practice in your workplace.

California Laws on Compensation

Compensation Issues in California

By Beverly N. Dance, MBA, SPHR-CA, CCP, CEBS, dance@mba.berkeley.edu

I love my home state of California, but when it comes to pay and human resources issues, there is a reason California is the one and only of the 50 states that has its own separate certification exam above and beyond the national Professional Human Resources, PHR and Senior Professional Human Resources, SPHR. If you have employees in California or are considering bringing jobs to this state (PLEASE DO) here are a few new details you should know due to AB 469. (No need to mention to your employees that the legislation is called the Wage Theft Prevention Act of 2011.)

Be Careful with Unpaid Summer Interns

FLSA Series Part 4: Interns or Apprenticeships

This is the fourth of a series of articles explaining the complicated Fair Labor Standards Act, FLSA, or the Wage and Hour Law. January and February are often when organizations are deciding if they can bring on summer interns. Many organizations would like to do this, but not all can afford to create opportunities for work of limited duration. What may motivate you to develop an intern program is that you may be able to pay your intern less than minimum wage under certain circumstances.

Salaried Employees Work Hours: Laws from FLSA

Exempt Employees and Rules Requiring Specified Hours

You probably are aware that exempt employees generally should be paid the same salary regardless of the number of hours they work or the quantity of work they produce. But, can you require them to work a certain schedule and track their hours?

FLSA Child Labor Laws

FLSA Series Part 3: Child Labor Laws

This is the third of a series of articles explaining the Fair Labor Standards Act, FLSA, or the Wage and Hour Law. This article will discuss the child labor laws under the FLSA. Be aware that to be in full compliance, you should also check to see if your state has additional regulations. I know my state of California does.

Rules on Pay After a Resignation

Do Voluntary Resignations Require Advance Notice?

When you’re watching your labor costs, it is important to know how to handle an employee resignation, compensation-wise. If you require employees to provide two weeks’ notice of their resignation, you may have to pay them for that full period even if you release them earlier. But, even if you only request the advance notice, it still may be better employee relations to pay for that full two-week period.

FLSA Compliance - "11 Main Test" for Independent Contractors

FLSA Series Part 2: Independent Contractor or Employee?

This is the second of a series of articles explaining the Fair Labor Standards Act, FLSA, or the Wage and Hour Law. Since the FLSA only applies to employees and not independent contractors, it behooves you to know how to make the distinction. I attended a recent continuing education class where the employment lawyer suggested anywhere from 10 percent to 30 percent of independent contractors paid on 1099s should really be classified as employees.

Holiday Pay for Employees

Answers to 7 Holiday Pay Questions

Do you have to provide paid holidays? What about for new employees? And do you have to pay overtime to employees who have to work a holiday? We’re officially heading into the holiday season with Thanksgiving coming up next week and Christmas and the New Year just around the corner. If you are like most employers, you may be dealing with holiday pay issues. To help you out, here are the answers to seven common holiday pay questions.

Take Caution When Terminating Older Employees

Terminating Older Employees: OWBPA Q&A

Release agreements can help prevent lawsuits when employees are terminated. But, if you want to protect against age discrimination claims, your release must meet eight specific criteria. The following question and answer transcript covers the basic issues you may run into when terminating older employees.

FLSA Exemptions Explained

FLSA Series Part 1: Exempt or Non-Exempt Classifications

This is the first of a series of articles explaining the Fair Labor Standards Act, FLSA, or the Wage and Hour Law. It is the FLSA that defines at the federal level the distinction between exempt and non-exempt employees. Non-exempt employees are covered by the FLSA rules while exempt employees are not. Exempt employees are exempt from being paid for over time worked and are instead expected to perform their required work, regardless of the time needed to do it.

How to End At-Will Employment

Tread Lightly When Ending At-Will Employment

Have you ever been tempted to terminate an at-will employee without providing him with a reason? Maybe you did not properly document the employee’s performance problems or are so fed up with his attitude that you feel like you have to take action immediately. After all, the “at-will” concept, simply put, allows you to terminate employees at any time, for any legal reason, or for no reason at all.

Update on EEO-1 Filing and VETS Forms

EEO-1 Filing Due But VETS-100 and 100A Delayed

The deadline is approaching for many employers to report to the federal government the ethnic, racial, gender, and veteran composition of their workforces. Specifically, if you are a covered employer, you must file the Employer Information Report, Form EEO-1, by September 30, 2011. But, thanks to a technical glitch, the VETS-100 and VETS-100A forms are not due until November 30, 2011.

More Time Off? Tricky Pay Decisions

Vacation Issue: Partial Days for Exempt Employees Q&A

Nonexempt employees only have to be paid when they work, so they may take partial unpaid vacation days any time an employer authorizes the time. But what about exempt employees? Find out how the FLSA exemption regulations limit unpaid time off of less than a day for these employees.

Beware of Verbal Discrimination Complaints

FLSA: Supreme Court Rules Oral Complaints Valid

An employee, Aziz, continues to complain about off color jokes during his staff meetings. He feels that his colleagues poke undue fun at his religious head cover, but at no time puts his concerns in writing. However, week after week, he calmly but directly looks his boss in the eye and reminds him that the jokes are offensive and obviously a show of disrespect for him and his religion. Aziz is clear with the boss that he feels uncomfortable in his job given the jokes.

Meal and Break Laws: Be Smart and Beware

Your Meal Break Policy: Six Topics to Cover

Meal breaks are a necessary component of every employee’s day and may be required by your state. Find out the six topics you should consider to make sure your meal break policy is legally compliant and effective.

HR Approach to Harassment at Work

How to Deal with Workplace Harassment

One of our human resources responsibilities is to proactively assure we work in environments free from unlawful harassment. No harassment of any kind is positive in a work place culture, but not all is illegal. For example, if you insist on wearing polka dots with plaids, the more fashion conscious in your group may harass you for your fashion taste. While you may find that annoying, especially since you are clearly the more fashion forward one, it is not illegal.

Employee Benefits Plans Communication

Responsibility Rests on Both Sides in Health Benefits Communication

A May 2011 case before the U.S. Supreme Court, Cigna v. Amara, centered on whether critical information about Cigna’s pension benefits were properly communicated in the company’s Summary Plan Description (SPD), a federally required summary of plan benefits that must be distributed to employees, retirees and beneficiaries. At the heart of the case is the employees’ contention that Cigna failed to fully and clearly disclose a change in its pension plan which, if employees had understood it, might have spurred them to retire or take another job.

How to Avoid EEOC Complaints in Hiring

Employing The Right Way

Many employers these days have countless ways they conduct the recruitment and hiring processes. And, I’m willing to bet many of those employers have forgotten that they are bound by Federal law on discriminatory practices, starting at the very beginning…recruitment. Discrimination is a very costly mistake that can bring an employer both financial penalties, as well as a poor public image. The following are some important things to remember when it comes to recruitment and hiring practices.

Summer Dress Code at Work

Is Your Dress Code Ready for Summer?

It is summertime, and you know what that means – it is the season when your employees bare arms, legs, and maybe more than you want to see. Find out five tips you can you use to get everyone to dress appropriately in the warm weather.

FLSA on High School Summer Interns and Volunteers

Paying Summer Interns Less Than (or No) Minimum Wage

It’s summer intern season, and you may be tempted to hire a high school or college student who will work for less than the minimum wage or even for “free.” But, the Department of Labor (DOL) has very specific requirements for unpaid interns and volunteers, and allows only certain employees to be paid a subminimum wage.

Where Does NLRA Apply?

Prohibiting Pay Discussion May Trigger NLRA Issues Q&A

Discussing compensation is considered a “concerted activity” and is protected under the NLRA, so rules limiting employees from talking about their pay may violate that law. Find out what the NLRA protects and how you can address this sensitive issue.

FLSA Compliance for Non-Work Time

Non-Working Time: Do You Know When It Must Be Paid?

You know that nonexempt employees must be paid for all hours they actually perform work. But what about time when they are not really working? The FLSA requires you to pay some of this time, too.

Meal Breaks Required by Law to Employees

Meal Breaks: Issues When Employees Work Through Q&A

How should you deal with nonexempt employees who want to work through meal breaks to shorten their workdays? Should you allow this practice, or is it better to enforce your meal periods?

COBRA Health Insurance Plan Update

COBRA Qualification and Duration Revisited

You have to provide employees and other qualified beneficiaries with between 18 and 36 months of health care continuation coverage under COBRA. Find out the proper duration of each qualifying event and how to handle multiple qualifying events.

Employee Snow Day Policy

Snow Days and Pay Q&A

Do you know what your obligations are to employees who cannot get to work on bad weather days? See what attorney Robin Thomas has to say about your obligations snow day pay and what you can expect from your employees.

Tax Bill’s Effect on Educational Assistance

Tuition Assistance Addressed in Last Month’s Tax Bill

In passing the tax bill last month, Congress voted to extend several Bush-era tax cuts, including one for employer-provided educational assistance. The following post tells how the tax code differentiates between educational assistance that is directly related to the job and assistance that is not job-related.

Introductory Period of Employment

Introductory Period of Employment Versus Probationary Period Q&A

Employers that use the phrase “probationary period” to refer to their new employees’ first few months of work may find they have created enhanced job rights that they did not intend. Find out why you should use the term “introductory period” instead.

Performing Employee Reference Checks

5 Tips for Effective Reference Checks

It often is what you don’t know about a job applicant that can hurt you. As an employer, you can make sure you know more about who you are hiring by performing a reference check for employees.

Avoid Age Discrimination

The Wiser Workers: Why You Should Avoid Age Discrimination

There’s been a lot of media attention lately on the possible increase in the retirement age in the U.S. It’s an interesting issue to debate, as there are both merits and dangers to changing it. Either way, the consequences of potential changes to the legislation are of concern to what are typically referred to as “older workers.” Now if you go by the Age Discrimination in Employment Act, older means 40 and above. As a fairly recent entrant into the above-40 crowd, I don’t much enjoy this definition.

Employee Time Off for Voting

Know Your Employees’ Voting Rights

You should be prepared for employees to exercise their right to vote, and you need to know your obligations to support this right. Find out below what federal and state laws require employers to do.

Rescinding Job Offers – Without Trouble

Rescinding Job Offer Based on New Information Q&A

Can you rescind a job offer if you find out new information about a candidate? For instance, can an employer rescind a job offer due to errors on applications? Learn what steps you can take to limit liability in this situation.

Bullying in the Workplace

Bullying in the Workplace: Will Your Workers Be Able To Sue You For Bullying?

The word “bully” often conjures up images from the mid-1980’s classic Back to the Future in which mousey George McFly is hounded and humiliated by the Goliath-sized alpha male named Biff Tanner. I can still hear the taunting words of Biff echoing through the 1950’s cafeteria: “Hello McFly. Anybody home, McFly?” And who could help but cheer when George gets up the guts to sock Biff in the face at the high school sock hop? This quintessential form of bullying and other less overt forms of intimidation exist not only in the schoolyard but also in the workplace.

Writing an Employee Termination Letter

Writing an Employee Termination Letter: How Much to Include? Q&A

Find out the pros and cons of putting your termination reasons in a written employee termination letter.

Q: We want to provide employees who are terminated with a brief employee termination letter explaining our reasoning and informing them about administrative issues like COBRA and returning office keys. How much detail should be included about the reason for termination?

FLSA Administrative Exemption

Complying with the FLSA Administrative Exemption Q&A

Are you in compliance with the FLSA administrative exemption regulations? Find out if your administrative assistants meet these very specific criteria.

Q: We have an employee whose title is administrative assistant to the CEO. She is essential to the CEO and often works more than 40 hours a week. She is paid overtime as a nonexempt employee, but we are wondering if her job duties meet the criteria for the administrative exemption. What are the criteria?

Bona Fide Occupational Qualification Standards

BFOQ Defined: Can You Exclude Women from Certain Jobs?

Can you claim a bona fide occupational qualification (BFOQ) to exclude women from jobs that require heavy lifting or impose safety risks? In most cases, the answer is “probably not,” unless you want to face a law suit for discrimination against hiring women.

Designation of FMLA Leave

Make Medical Certifications Part of Your FMLA Process (Part 2 of 2)

Medical certifications can help you determine whether FMLA leave is really needed and ensure that employee rights under FMLA leave are understood and their obligations met under the law.

FMLA Guidelines for Employers

Make Medical Certifications Part of Your FMLA Process (Part 1 of 2)

If you do not require employees to provide medical certification for FMLA leaves involving serious health conditions, you are missing out on an essential tool to ensure leaves are used properly.

Are you like the majority of human resource professionals who have trouble determining when an employee has a serious health condition under the Family and Medical Leave Act (FMLA)? A recent survey by the Society for Human Resource Management (SHRM) found that almost 60 percent of the survey respondents indicated they had trouble determining whether an employee’s illness met the FMLA’s definition of a “serious health condition.” In addition, 39 percent felt they had granted FMLA requests that may not have been legitimate.

Employee Use of Medical Marijuana

The Dope on Medical Marijuana for Employers

Employee use of medical marijuana is one of the hot employer topics of the decade. As more states legalize the use of marijuana for medical purposes, more employers will have to decide how they will deal with employee drug use on and off the clock. As of 2007, it was estimated that 300,000 people in the United States were medical marijuana users (estimates based on data from Americans for Safe Access). And the numbers are growing.

Federal Labor Laws on Unpaid Internships

Summertime Blues: When Unpaid Internships Turn Into Wage Claims

Pop Quiz! If you are a “for-profit” employer with unpaid employees called “Summer Interns,” you better make sure the internship passes muster with the Department of Labor lest you be the unwary object of claims for unpaid wages and overtime. Get your No. 2 pencils out for this internship pop quiz:

HR Policies on Hiring Interns

DOL to Give Intern Pay Practices Closer Look Q&A

If you are hiring interns to work for you this summer, be aware that the DOL may be scrutinizing your pay practices. So, be sure you either pay them as employees or are able to prove that they meet the criteria for unpaid interns.

Hiring Incentives to Restore Employment Act

Hiring Incentives to Restore Employment Act Tax Incentives to Spur Job Growth

On March 18, 2010, President Obama signed into law a $17.5 billion dollar jobs bill entitled the Hiring Incentives to Restore Employment (HIRE) Act. This bill includes a number of government incentives for hiring, including tax cuts, business credits and subsidies for state and local construction bonds, and moves an additional $20 billion into the highway trust fund for new spending on highway and transit programs. The HIRE Act is aimed at providing hiring incentives for employers to restore some of the jobs lost during “the great recession.”

Unpaid Overtime Information

Five More Overtime Questions (Part 2 of 2)

Eighty-eight percent of the employee back wages collected by the Department of Labor for wage and hour violations in Fiscal Year 2008 involved overtime issues. Make sure that you know when you have to pay overtime and what penalties you could face if you do not.

Overtime Pay Regulations

Top Ten Overtime Pay Questions (Part 1 of 2)

If you have fewer employees doing more work, you need to be sure you are paying them any overtime that is due. If you do not pay overtime properly, you could be exposed to wage claims and penalties.

Smoking in the Workplace

Does Your Workplace Smoking Policy Cover All the Bases?

If you could cut your break times and maybe even your health insurance rates by refusing to hire smokers, would you? While the idea is intriguing, these kinds of policies to stop smoking in the workplace may be illegal in so-called “smokers’ rights states.” Further, there are three practical reasons these preferences for hiring nonsmokers may not be such a great idea.

Framing Discrimination Claims

EEOC Claim Statistics: Actions Necessary for Preventing Employment Discrimination Claims

The EEOC recently reported that it recovered a record high of $294 million on behalf of employee claimants in FY 2009. How can you prevent becoming a target of an employment discrimination claim? Find out the six steps you can take. Your hint: The first tip involves training.

Absences for Exempt Workers

Exempt Employees and Partial Day Absences

One issue that comes up continually for employers is how to deal with exempt employees who take time off in less than full day increments.  The Fair Labor Standards Act (FLSA) regulations make it clear that employers generally cannot dock their exempt employees pay for absences of less than a day without jeopardizing the exemption.

Taking Care with Layoff Laws

Firing Employees: A Lawyer’s Advice

The world of human resources has officially arrived to mainstream media. In his recent blockbuster movie, George Clooney tackles the death-defying world of human resources and employee terminations. His character racks up tens of thousands of frequent flyer miles travelling to distant lands to be a “hired gun” and terminate employees on behalf of their employers. As the movie suggests, terminating an employee is a very sensitive task. Poorly-handled employee terminations are more likely to breed lawsuits by the former employee, discontent among the remaining employees, and myriad unexpected legal issues. As an employment lawyer, I see the good, the bad, and the absurd when it comes to employee terminations. The stories you are about to read are true (sanitized to protect the innocent) and the lesson drawn from the story worth its weight in saved litigation costs.

COBRA Premium Reduction Subsidy

A Summary of the COBRA Premium Reduction Provisions Under ARRA

The period to sign up for the Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidy that provides terminated employees and their beneficiaries with a 65 percent COBRA premium reduction in health continuation insurance costs has been extended through February 28, 2010. In addition, the subsidy period has been extended from 9 months to 15 months of the COBRA 18-month entitlement period.

HR Guide to Holiday Parties

9 Tips to Limit Holiday Office Party Legal Exposure

‘Tis the season for holiday parties and the spreading of good cheer in the workplace. Unfortunately, though, too much cheer can cause liability. If your plans include serving alcohol at holiday parties or even sponsoring department “happy hours” at a local pub, your organization could be at risk for legal liability if a drunken employee harms himself or others.