Answered by the HR Experts You should avoid asking questions that could be viewed as discriminatory or that infringe on a candidate’s privacy. Essentially, you want to avoid any questions that are not directly related to the candidate’s ability to perform the job. These would include questions about race, national origin, citizenship status, religious affiliation, disabilities, pregnancy (or desire to become pregnant in the future), sexual orientation or gender identity, past illnesses (including use of sick leave or filing of workers’ comp claims), age, genetic information, or military servi ..read more

Answered by the HR Experts Start by asking yourself if the employee’s restroom breaks are genuinely causing problems. Focus on the employee’s productivity and performance (as well as any coverage issues) rather than the amount of time spent in the restroom. If the employee is getting their work done and productivity is not negatively impacted, we’d suggest not addressing this subject at all. If the employee’s bathroom breaks are causing issues with productivity, performance, or coverage, you should talk with the employee to find out what’s going on. However, the laws below may come i ..read more

Yes, salaried exempt employees must be paid their full weekly salary if they do any work during your designated seven-day workweek, including tasks as quick as checking work email or voicemail. As your goal is to save money, be sure the furlough covers the full workweek and that affected exempt employees understand they’re not to do any work while on furlough. Nonexempt employees, however, only need to be paid for actual hours worked, so single-day or partial-week furloughs can be implemented without worrying about pay implications. The post We’re planning to close the office a few days a week ..read more

Answered by the HR Experts It sounds like this prank could have crossed the line into harassment, even though the person who was offended wasn’t necessarily the intended target. As an employer, you have an obligation to prevent and deal with harassment complaints promptly and thoroughly. To that end, follow your standard procedure to investigate the incident and take appropriate action. Be sure to document every step of your investigation and resulting actions taken so you can show you fulfilled your obligations. Having a clear record will also help you ensure similar situations are handled co ..read more

On April 26, 2024, the U.S. Department of Labor (DOL) published the much-anticipated final rule that will increase the minimum salary for many exempt employees. The increase will take effect in two steps. If you’d like to review the regulations yourself, they are available here—the relevant changes start on page 130 of the downloadable PDF. Executive, Administrative, and Professional Employees Under the new rule, exempt executive, administrative, and professional employees (often referred to collectively as “EAP” employees) must be paid at least: $844 per week ($43,888 per year) beginning on ..read more

Answered by the HR Experts Generally, yes, though it depends on who benefits most from their work. The U.S. Department of Labor (DOL) has adopted the “primary beneficiary test” to determine whether a worker is an employee (who must be paid in accordance with federal wage and hour law) or can be classified as an unpaid intern (a non-employee who is exempt from federal wage and hour law). If the worker is the primary beneficiary of the arrangement—as opposed to the employer—they can be classified as an unpaid intern. If the employer is the primary beneficiary, the worker must be classified as a ..read more

Answered by the HR Experts It does! Congress enacted the National Labor Relations Act (NLRA) in 1935 to protect the rights of employees and employers, to encourage collective bargaining, and to limit certain labor and management practices that can harm the general welfare of workers, businesses, and the U.S. economy. Although a good portion of the NLRA deals with unionization, Section 7 of the act provides protections for all nonsupervisory employees, even those not involved with a union. Specifically, Section 7 defines and protects concerted activity by employees. Concerted activity happens w ..read more

The Equal Employment Opportunity Commission (EEOC) has announced that the 2023 EEO-1 Component 1 data collection will open April 30. The deadline to file the report is June 4, 2024. The EEO-1 Component 1 report is a mandatory filing for private employers with 100 or more employees, and federal contractors and subcontractors that meet certain criteria and have 50 or more employees. Employers should visit the EEO-1 Component 1 website to file the report, see the latest filing updates, and find additional information like the 2023 Instruction Booklet. There will be a Filer Support Message Center ..read more

The final rule for the Pregnant Workers Fairness Act (PWFA), which applies to employers with 15 or more employees, has been published and takes effect June 18, 2024. With over 100 pages of preamble, regulations, and interpretive guidance, there’s obviously a lot to take in. Thankfully, you don’t need to spend a whole afternoon reading unless or until you’re considering denying an accommodation—that’s when you should take a close look at what the Equal Employment Opportunity Commission (EEOC) has to say to ensure you’re compliant. That said, here are some key takeaways to be aware of even if yo ..read more

Are you using an AI tool to help you with your work tasks? Have you considered doing so? If so, read on. There are advantages to be had and risks to note. According to a Glassdoor report, in the year after the launch of ChatGPT, usage of that tool or those like it by professionals in the workplace more than doubled! Are you using an AI tool to help you with your work tasks? Have you considered doing so? If so, read on. There are advantages to be had and risks to note. What Is AI? Artificial intelligence (better known as AI) is an umbrella term for a machine’s ability to make predictions, recom ..read more