There is no Federal requirement that a laid-off employee be rehired. Even if the previously held position comes open again the laid-off employee does not have to be rehired. A new employee can be hired to fill the position. The…
Keeping all submitted resumes can be a good defense against charges of discrimination but keeping a separate log just increases paperwork. To stay legal, all applicants/resumes must be logged. A large company that keeps a log of qualified applicants for…
When an employee is brought aboard to take the position of a leaving employee (retirement, termination, or even death) the new employee is considered a replacement. There is no effective change in payroll. A new hire is considered to be…
An employer with less than fifteen employees is not covered under the FMLA act. Also, the FMLA laws require at least 12 months for eligibility. In a situation where a six month employee requests six to eight weeks off for…
In most states company anti-moonlighting policies are almost unenforceable if the employee is doing the extra work outside of normal working hours. This assumes the extra work or business is not in direct competition with the original job. If the…
There is no legal requirement for separate break areas for women. Some states do have regulations in place that allow for reasonable accommodations for breastfeeding. The women must be provided a private, sanitary location for breastfeeding or pumping milk. Unpaid…
OSHA regulations require toilets be available for workers. Expecting employees to go to a local restaurant or other nearby business to use the restroom is not legal. The other business is not required to allow non-employees or non-customers access to…
Under Federal law changing an employee’s pay based on attendance can change the employee’s exempt status and place that employee into non-exempt status and apply a totally different set of regulations. The way state laws are applied may be affected…
While watching the NBA Finals this year, I finally came to the conclusion that Kobe is better than Lebron. After listening to years of debacle from both sides and not having taken a stand on either side; I can finally…
