- 2008 -
Q: There are a few men in our office that use the women’s restroom when the men’s room is full. Is this an HR infraction? - Anonymous (Porterville)
A: This is indeed a violation of “rules” as separate facilities are provided and posted as such. The male employees who are violating the rule should be counseled. Hopefully management is aware and the appropriate number of facilities is available for both sexes. - Jeannine, HR Director USA (04/27/2008)
Q: Certain people in my office play music for background noise purposes and no one has ever had any problem with it until a new temporary employee became offended by the lyrics of a Shakira song. The manager on duty didn’t seem too overly concerned until a formal complaint was made a few days afterward. Now the employee won’t come back to work because she feels uncomfortable around the staff. Any advice? - Melanie (Tulare)
A: The easiest solution is to eliminate the background music because there’s often a disagreement over the type of music played. Another solution is to allow music only via personal listening devices or with the use of ear buds/headphones. Popular music today often offends somebody, making this is a difficult work environment issue to deal with. Good luck! - Jeannine, HR Director USA (04/20/2008)
Q:I left a job of three years on bad terms with my former employer. Should I include this employer on my resume or refer to it on job applications? If not, what do you suggest I say when asked about the gap in employment? - Bud (San Luis Obispo)
A: Yes, include this employer on your resume/job applications. Honesty is always preferred rather than attempting to cover up a bad situation. Most prospective employers provide opportunity for explanation during the interview process; be honest – almost everyone deserves a second chance. - Jeannine, HR Director USA (04/13/2008)
Q: Unfortunately our company cannot afford to give raises this year. Do you have any suggestions to convey this best to our managers so that they can tell their employees while still keeping them motivated for next year? - Jana (Santa Maria)
A: I believe that honesty is always the best policy; communicate your inability to award pay increases and the reason(s) why. Communicate as soon as you can arrange meetings, let employees know what they can do to increase the possibility that pay increases can be provided next year. This will demonstrate trust in your employees and enable them to contribute to a more positive situation next year. - Jeannine, HR Director USA (04/06/2008)
Q: Is an employer required to pay an employee’s accumulated paid time off upon termination? - RJ (Cambria)
A: Yes, paid time off is treated the same as vacation so all accrued but unused time must be paid out at the time of termination. Generally speaking this is because paid time off includes “vacation pay” as well as consideration for other types of paid time off such as sick time. - Jeannine, HR Director USA (03/30/2008)
Q: Can you tell me what the employee benefit continuation requirements are under USERRA (THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT)? - Joanna (Santa Maria)
A: This law requires reinstatement of employees returning from military leave; the employee is entitled to all the rights and benefits the employee would have had if he/she had remained continuously employed. Employees returning from military leave must be treated the same as employees on non-military leaves of absence. - Jeannine, HR Director USA (03/23/2008)
Q: I've been off work for a while on Workers Comp but am back to work now. I was a full time/benefitted employee prior to going out on Workers Comp and my company took me off their insurance after 90 days, I was made to go on COBRA and pay the monthly premium out of my own pocket. Is this legal? - Lisa (City Unknown)
A: Insurance benefits must be provided consistent with company policy and applied the same, as they would be with any other "leave of absence"; maximum coverage under the law would normally be 12 weeks (about 90 days). Based on your information it sounds like your employer has acted in compliance with CA law. - Jeannine, HR Director USA (03/16/2008)
Q: I was injured on the job last March and went on Workers Comp. I'm released to work six hours a day. Is it legal for my employer to not work me the hours that I am released to go back to work for? I'm not getting my full work day. - Lisa (City Unknown)
A: When an employee is released to work with restrictions, it is up to the employer to accommodate if he or she is able. If the type or amount of work you are able to do is not available then Workers' Compensation wage benefit may apply to help make up the lost wages even if you can only work a partial day. This is legal. - Jeannine, HR Director USA (03/09/2008)
Q: One of my friends was fired from her seasonal job for using her employee discount on her family. She still hasn't been paid after two weeks. I thought that an employer had to pay released employees within 72 hours. They are asking for restitution and are pressing charges. Is this legal? I thought it was one or the other. What should I tell her? - (Needs Advice)
A: You are correct regarding required "immediacy of payment of final wages.” All wages are due at time of termination if discharged; 72 hours is the deadline for payment if an employee quits with no notice. Restitution for receipt of an unauthorized/illegal employee discount is probably legal and may be grounds for legal action. I'm sorry for your friend that it is not "one or the other" however, if restitution is made the employer may be persuaded to "drop all charges.” Best of luck to you and your friend. - Jeannine, HR Director USA (03/02/2008)
Q: I have an employee who appears to be pregnant by sight and by the symptoms she has exemplified in my office. Do I have the right to ask her if she is pregnant or do I have to wait until she tells me herself? - Barb (Atascadero)
A: If you have performance issues or witness a display of abnormal behavior then you may inquire as to the cause for the irregularities. Beginning such a discussion may lead to disclosure of a medical condition for which you may need to provide accommodation – take the conversation where it naturally goes – then provide the appropriate direction. - Jeannine, HR Director USA (02/24/2008)
Q: One of my friends recently told me that employers might not be liable for meal break pay when employees knowingly and voluntarily fail to take them. Is this a new law for 2008 or just inaccurate information? - Carrie (Kings City)
A: This information is not completely accurate. An employer MUST PROVIDE the meal break, the time out and back in must be recorded and the other criteria met too. If an employee chooses to stay at their desk and work through their meal period while eating then you typically will not be liable for pay to cover. - Jeannine, HR Director USA (02/17/2008)
Q: I recently read that The U.S. Citizenship and Immigration Services will soon begin to impose penalties against employers who are not using the newly approved and issued I-9 forms. Does that mean for “brand new” employees I hire or do I have to redo the I-9’s for all of my current employees that I have on my payroll? - Myra (Santa Margarita)
A: No, you do not. All new hires and re-verifications must be completed using the new I-9 Form; you are not required to re-verify your current workforce. - Jeannine, HR Director USA (02/10/2008)
Q: What type of postings do I need to display in my office to make sure I am legally compliant? What if the postings change throughout the year? Can I be held liable for not posting a new one? - Frankie (Ventura)
A: In CA, there are up to 16 postings that must be displayed in an area frequented and visible to all employees; there are multitudes of Labor Law Poster companies out there who can furnish compliant postings for a fee. If laws change during the year, new posting requirements/instructions typically accompany those announcements. - Jeannine, HR Director USA (02/03/2008)
Q: I am currently looking for a job and feel as if I have flubbed up several times when the HR Manager of each company asks me during the interview, “Why should I hire you?” What does a hiring manager really want to hear? - Kevin (Hanford)
A: In today’s labor market, companies are looking for employees who want to work; are dependable and will show up on time daily; and who are willing to go the extra step without being asked. Describe your initiative and be enthusiastic and you will be successful! - Jeannine, HR Director USA (01/27/2008)
Q: My employer is headquartered in Georgia. They have 45 employees working from the home office and another 12 working in various states. I would like to request an unpaid leave under FMLA. However, I was told that because they do not employ 50 people within 75 miles of their main headquarters, they are not required to grant me time off under FMLA laws. Are they correct? - (Anonymous)
A: Yes, your employer is correct under Federal Law. - Jeannine, HR Director USA (01/20/2008)
Q: I have an employee who chronically complains about his chair. To make peace, I have replaced it twice with ergonomic sanctioned equipment yet he still complains. This has been going on for a year and recently I heard through another employee that he is going to a new doctor who specializes in back pain. I am at my wits end and fear the worst. Do you have any suggestions? - L.M. (Ventura)
A: Yes, it might be worth your time and expense to hire an ergonomic specialist. Ask your medical provider for a recommendation and have your workstations evaluated for ergonomic correctness. This will save aches, pains and money in the end; this just might eliminate current complaints too! - Jeannine, HR Director USA (01/13/2008)
Q: I wanted to know what your take on diet and exercise appropriateness is in the workplace. My co-worker is talking about starting an all cabbage diet and has already warned everyone about the gastric consequences, microwave use to prepare the food, and need to walk at a targeted heart rate once an hour for 15 minutes. I’m not looking forward to working near this person for obvious reasons. - Pat (Tulare)
A: It is always good to encourage healthy habits in the workplace but a little bit of a good thing can go a long way – I do believe in moderation. Coworkers engaged in this conversation should be open enough to discuss potential consequences so that the work environment can maintain appropriate decorum before the program begins. Talk it through – if you need help, bring your supervisor into the conversation before things go too far. - Jeannine, HR Director USA (01/06/2008)
