We want to promote an employee to a new position we’re creating. Do we need to give other potential candidates the chance to apply as well?
Answer from Marisa, PHR:
Generally, no. Only federal contractors are required to post open positions, so you can offer the employee the job without posting it for potential external or […]
We’re excited to present to you the July 2018 edition of the HR Advisor Newsletter. Our topics for this month are the fundamentals of performance management, the steps to evaluating your culture, and the reason why you shouldn’t keep all employee information in the same place. Thank you for reading!
The Fundamentals of Performance Management
There’s a […]
Q. Do we have to pay for time spent at appointments related to workers’ compensation?
Answer from Monica, SPHR, SHRM-CP:
In general, an employer is only obligated to pay an employee if they are seeking medical attention during work time at your direction. According to Department of Labor regulations, “time spent by an employee in waiting for […]
OSHA Reporting Due July 1, Including From State Plan Employers
OSHA-covered employers with 250 or more employees, and those in certain high-risk industries with 20-249 employees, must electronically report their Calendar Year 2017 Form 300A data by July 1, 2018. Reporting must be done through the online Injury Tracking Application (ITA). Covered establishments with 250 or […]
We hired an employee about a month ago, and at the time of hire they said they could work weekends. Now they say that they can’t work weekends. What should we do?
Answer from Celine, SHRM-CP:
It depends. In general, if an employee is unable or unwilling to work the hours they had originally agreed to […]
We have an hourly employee who will be working at two different locations and under two titles, 25 hours at one location and 25 hours at the other. Will he need to be paid overtime?
Answer from Kara, JD, SPHR:
Yes. Titles, job duties, and locations are irrelevant—focus only on the total number of hours worked by […]
California Law Alert
May 3rd, 2018
New Independent Contractor Test for California Employers
The California Supreme Court has adopted a new, tougher legal standard for determining whether a worker is an independent contractor or an employee. Previously, the state followed a multi-factor balancing test that looked at the level of control held by the employer as well as […]
FLSA Amended to Allow Tip Pooling if No Tip Credit is Taken
The rules around tip pooling have been mired in litigation since 2011, when regulations came into effect that forbid tip pooling between employees who customarily receive tips and those who do not. The recently passed federal budget bill has created clarity by amending the […]