Practical HR Tips, News & Advice. Updated Daily.
A criminal background check on a new employee has revealed that the employee has a warrant for his arrest (drunk driving). The warrant does not appear to have been resolved. Can we discuss this matter with the employee? If so, and if the employee indicates that the matter has been resolved in the courts, can […]
Once we hire an employee, we provide full medical, dental, and vision insurance coverage to the employee, spouse, and children. Are we able to request marriage certificates and birth certificates for eligible family members for the purpose of insurance benefits? We have found that employees will often list nonrelatives for insurance benefits (e.g., a boyfriend, […]
We have an employee who’s just not up to par. We’ve tried to explain his shortcomings in disciplinary meetings and performance reviews, but he just refuses to acknowledge his performance problems. What do we do? — Anonymous
I’m concerned about conflicting information we’ve received from the IRS and our legal counsel regarding how the USERRA (Uniformed Services Employment and Reemployment Rights Act) pay differential (pay difference between military pay and the employer’s pay) should be treated from a tax perspective. Do we report these payments on a 1099-MISC or on a W-2?
Does an employer have the right to open mail sent to a particular employee if it is sent to the employer’s address? — Andy
I see there’s a new U.S. Supreme Court decision on medical marijuana. How does this affect me and my employees? I have an employee who uses medical marijuana to ease his glaucoma symptoms—is this still legal? — K.L. in Fresno
I just found out that one of my employees is keeping a running diary on a personal website. A lot of the diary concerns his job here, his complaints about management and his coworkers, etc. Needless to say, I’m quite upset about this—it’s unprofessional, and I know he’s been encouraging other workers to check it […]
We have several employees who have exhausted their leave time under FMLA/CFRA, but now we’re wondering if we have to accommodate them for additional time since they may be considered “disabled” under the ADA. How do we determine whether they’re in fact disabled, and, if so, how long do we have to allow these employees […]
I work in a psychiatric hospital. We have been having a problem lately with patients sexually harassing our staff. Some of the clients are mentally retarded or mentally ill, and we’re not sure what to do about the harassment problem.— Susan
Can you give guidance on when the missed meal period penalty has to be paid? Does it have to be paid if an employee takes a 28-minute meal break, or if an employee takes their meal break after 51/2 or after 6 hours?— Anonymous