We answer 1,000's of HR questions every month on behalf of employers of every size and industries. Below are the Top 5 most common question categories and several example questions for each category.
- Is it acceptable to terminate an employee because I believe he is at risk of having an accident as an older driver?
- What documentation is required to properly terminate an employee?
- I have an employee stating that he is going to quit but hasn't officially given his resignation. Can we terminate the employee now on grounds of anticipating his quitting the company?
- For AZ, FL, IN, MA, NJ, OH, PA, SC, TX, VA, WA : Do these states require a Separation Notice and if yes, can you send me a copy?
#4 STATUTORY COMPLIANCE
- Are employers required to notify employees if cameras are installed in the general areas?
- I need some information on exempt employees and time off. Can you submit for unpaid time when an exempt employee is absent and has used all his/her sick time? What are the guidelines concerning unpaid and paid time off for exempt employees?
- We want to put a policy in place regarding what expenses can be reimbursed and what cannot be reimbursed for telecommuting employees. Specifically, we have telecommuting employees and want to know if the company has to reimburse internet and electricity expenses since the employee is working from home doing company work. Can nonexempt employees waive lunch breaks in California? What are the requirements for the two rest breaks for an 8 hour shift? If the company is closed for Labor Day on Monday, and a nonexempt employee who works on Sundays wants to take Sunday off and work on Monday while the business is closed, is this ok?
- Our employee census is now a little over 50 employees. We currently don't have an HR employee. I've been hearing that when a company reaches 50 employees, HR gets a little more complicated. Do you have a list of things that need to be done to stay as compliant as possible?
- I have a question about I-9 forms re-verification. I know that there is a spot on the form to re-verify, but what if we never filled out the complete information when the employee was hired? If we do fill out the re-verification part on an incomplete form, will we now be in compliance even though we never recorded the original docs? Or, can we just ask them to fill out a completely new form? Will that bring us into compliance?
#3 WAGE AND HOUR
- What is the difference between exempt and non-exempt classifications and what are the requirements to classify a job as exempt?
- Can an employer make a deduction from an employee's pay or have him/her work a day for free because the employee broke the employer's equipment, or there was a shortage in the cash register?
- What are salaried employees entitled to? If they work a holiday are they entitled to get paid time and a half for that day? If they take a day or week off can we deduct that pay?
- What are the rules about providing holiday pay, sick pay, or vacation pay in [state]?
- Do I have to provide paid time off to long-term independent contractors?
- How can you determine whether a worker is an independent contractor or employee?
#2 LEAVES OF ABSENCE (LOA)
- When an employee is on a LOA, must the employer continue health insurance, or is this a COBRA event?
- Our company recently had a woman return from maternity leave after using up all her CFRA, PFL and FMLA. She worked for three days and is out of work on disability again due to post partum depression. We have several questions. When she comes back to work is she now eligible for leave again? Are we required to hold her job for her? What are our options? We are currently going through a re-organization and are thinking about downsizing.
- Are we able to terminate her without liability?
- We have an employee who does not qualify for FMLA. We would like to know what other type of leave the employee can go out on. What are the eligibility requirements for the various leaves?
- Our client has an employee who went out on 24 hours suicide watch. Should the employer allow the employee to return to work?
#1 GENERAL BENEFITS COMPLIANCE
- Our business is headquartered in one state, yet we have field sales rep employees in other states. Which state disability insurance & paid family leave information should those employees outside of our HQ state receive?
- We recently advised a client that they should keep PHI filed separately from other employee data. While we have this recommendation in writing from our attorneys to us as a BAA, I am not able to find documentation that as a plan sponsor an employer should also follow this practice. Please confirm that: 1) we were correct in advising the client to follow this process, and 2) Is there an official notice we can refer to?
- What are disability plan options offered to an employer in the state of New Jersey? What is the New Jersey
- Temporary Disability Benefits Law and how does it work?
- When an employee is on FMLA leave, what is the employer required to do with their other benefits? Which benefits need to be continued and what should we do if the employee does not make his premium payment while out on FMLA?
- Can we terminate an employee from our group plan since he will be Medicare eligible?
- When an employee goes out on USERRA leave, when does the COBRA eligibility start? Is there an extra 30 days under the employer's active plan? One of our employees wants to change to a lower cost benefit now, and open enrollment isn't for another 5 months. Is that allowable under the Section 125 rules?
- What happens to the benefits plans of a company being merged with another company?
- We have an employee out on disability, but since we do not have a policy on disability issues, how long do we have to continue to pay their health benefits?
- For the Medicare Part D notice of creditable coverage that employers need to provide each year, is it acceptable to post the notice on the benefit website that all employees have access to? If so, are there any specific guidelines that we must follow?
- Our company is providing a bonus to all employees based on overall company performance. Does the company have to pay an employee who is out on leave of absence (LOA), and would payment of bonus impact his/her LTD?
Thousands of US businesses, large and small, rely on ThinkHR for expert answers and second opinions on various Human Resources questions and issues.
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