HR Compliance Questions of the Week

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Company Holiday Party Considerations – Pay, Safety, Inclusivity

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The holiday season is just around the corner, bringing with it a variety of parties and events that celebrate this festive time. These gatherings are also opportunities to express gratitude to employees, recognize their hard work, and strengthen team bonds.
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Do I Have to Provide Employees Time Off to Vote?

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Voting is a basic right in the United States, but do employers have to provide time off to allow employees to exercise that right? As with many answers in human resources, “It depends.”
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How To Follow ACA Reporting Requirements & Avoid Penalties

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Many organizations struggle to understand if they are following the Affordable Care Act (ACA) reporting standards correctly while others are not aware that they need to report in the first place. If you aren’t in compliance with ACA reporting requirements, each employee represents a potential fine. These fines can range from hundreds to millions of dollars—easy enough to bankrupt a smaller organization.
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Free Speech in the Workplace: Navigating Rights & Respect

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HR Question In an era of polarized opinions, instant communication, and frequent social media interactions, HR professionals face the challenge of balancing employees’ free speech with maintaining a respectful workplace. How do we handle these sometimes-conflicting aspects in employment? HR Answer We see employee communications often that cause us pause. An employee calls their boss […]
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Workplace Bullying

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HR Question: How do you address bullying behavior in the workplace? HR Answer: Bullying is one of the most common types of workplace misbehavior. In 2022, the Harvard Business Review reported that an estimated 48.6 million Americans, or about 30% of the workforce, are bullied at work, and that number continues to grow. Employees are […]
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Investigations With Intention

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HR Question: I just received a complaint about an employee doing work for his other job on our company’s time, and it is going to require an investigation. What do I need to know before getting started? HR Answer: Conducting an employee investigation is a serious matter that must be handled well, utilizing a fair, […]
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Federal Employment Poster Requirements for On-Site and Remote Workers

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HR Question: I keep receiving notices that I need to order new posters to meet federal employment poster requirements. Many of my employees aren’t in the office regularly and those that are don’t look at the posters or any of the compliance documents we are required to distribute. What’s the risk if we don’t post […]
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What Employers Need To Know About Michigan’s Earned Sick Time Act (ESTA)

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How to Conduct an Internal I-9 Audit

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What are the Latest ACA Reporting Changes and Deadlines?

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How To Handle Expired Prescription Drug Use In The Workplace?

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What Happens If the Non-Compete Ban Goes Into Effect?

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What Are The Top 5 Commonly Missed Records In Employee Personnel Files?

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Can I Store I-9 Forms Electronically?

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Can We Cut a Live Check to Entice an Employee to Return Company Property?

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Has the Definition of “Undue Hardship” Changed?

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Is it Important to Use Consensual Relationship Agreements?

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What Laws Apply When Businesses Reach 50 Employees?

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Performance Review Copies

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HR Question: Am I required to provide my employees with a copy of their performance reviews? HR Answer: We consider it a best practice to give employees a copy of their performance review since it is being discussed with them, it can affect your/management’s decisions regarding their compensation, and it is a signed document. However, […]
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Can you be an Employee and Independent Contractor for the Same Company?

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HR Question: Can an individual that is working for us be both an employee AND an independent contractor? HR Answer: According to IRS guidelines, it is possible to have a W-2 employee who also performs work as a 1099 independent contractor. For example, it is possible that an individual could work part of the year […]
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At-Will Employment Termination Risks

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HR Question: We’ve got a team member who just isn’t working out. The problem is we haven’t taken all of the right steps in documenting the issues, but we’re an at-will employer – can’t we just terminate anyway? What are the risks of at-will employment termination? HR Answer: The term “Employment At-Will” is a familiar […]
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What is the Value of Job Descriptions?

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HR Question: Do I really need job descriptions for my employees? Are they legally required? We have a small staff and everyone has to be willing to do everything. What is the value of having job descriptions? HR Answer: No, job descriptions are not legally required documents, however, they can help your employees (and their […]
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Managing Frequent ADA Accommodations

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Question: I have an employee with a disability and I have made frequent ADA accommodations for them but lately their attendance is horrible.  Frequent call-ins for one thing or another or doctors’ visits have become the norm.  I can’t keep my production line running and I can’t plan for it.  Does the ADA require that I […]
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FMLA Expiration and COBRA

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Question: We have an employee who is on FMLA to receive an organ donation and the leave is expiring soon. At what point do we offer the employee COBRA, and for how long? Answer: It is generally required by employers to offer health care coverage under COBRA law when the employee is: No longer eligible […]
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Are Employee Gift Cards Considered Taxable Benefits?

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HR Question: To thank my employees for their extra efforts, I have provided them with a $50 gift card.  Accounting is telling me I have to report the value of the gift cards as taxable benefits.  Is that true? HR Answer: Yes, it’s true! According to the IRS, cash, gift certificates, and gift cards are […]
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Is It Okay To Use Personality Tests Prior To An Interview?

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HR Question: Is it okay to ask candidates to take online personality profile tests before they interview with anyone from our company? Only those candidates who “pass” the profile will move forward in the process. I’m concerned that using such a test to screen candidates could be legally questionable. HR Answer: Generally speaking, it is […]
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What Does In Loco Parentis Mean In Regards to an FMLA Claim?

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HR Question: I thought if an employee wants to take FMLA leave to care for a child they have to show proof of guardianship, but now I’m hearing that’s not necessarily the case because of “in loco parentis.” What does this mean? HR Answer: When an employee requests FMLA leave to care for a family […]
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How Can I Prevent Unethical Behavior On My Team?

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HR Question: I’m a new supervisor. Now that I have oversight of my team, I know it’s my responsibility to keep an eye out for unethical behavior. But what does that behavior look like? How can I prevent unethical conduct on my team? HR Answer: Ethics in the workplace can be a broad and, at […]
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Do Our Remote, Out-of-State Employees Qualify for FMLA?

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HR Question: Our company has employees located in Ohio who all qualify for the protections covered under the Family Medical Leave Act (FMLA), but we also have employees working remotely in other states. Do our remote, out-of-state employees qualify for our FMLA policy? HR Answer: Great question. Even if the employees don’t fall within the […]
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H-1B Termination

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What is an employer's obligation when terminating an H-1B employee?
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Compensating Employees for Travel Time

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Question: We have employees who occasionally have to travel from one of our offices to another during their work day.  Are we required to pay them for their travel time? Answer: This is a very common situation, and the quick answer is it depends.  Exempt employees generally are not entitled to additional compensation for travel […]
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What Should I Consider Before Doing a Reduction in Force?

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HR Question: I may need to restructure my workforce as a result of the downturn in business activity. What should I consider from a fairness and legal standpoint? HR Answer: Determining the need for a Reduction in Force (RIF) is a challenging decision to make, but it is sometimes necessary to keep the business running […]
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What is a Certificate of Qualification for Employment?

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HR Question: This week a hiring manager was excited about a candidate but learned during an interview that the candidate has had a Felony for theft.  The candidate mentioned having an Ohio Certificate of Qualification for Employment that they could provide. Although we are not a bank and the role does not handle money, we […]
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Can We Hire Someone on a J-2 Visa?

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Question: What is a J-2 Visa holder? Can we hire a J-2 Visa holder for a position that is located in the United States? Answer: A J-2 Visa holder is a spouse or dependent of a J-1 Visa holder.  A J-1 Visa is a non-immigrant visa issued by the United States to research scholars, professors, and exchange visitors […]
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English-Only Rules in the Workplace

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Question: The owner of our company wants to institute an “English-only” rule, requiring our employees to only speak English in the workplace.  I’m just not comfortable with this at all.  Is this even legal? Answer: The Equal Employment Opportunity Commission (EEOC) has issued a position statement indicating that English only policies in the workplace violate […]
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Unemployment For Seasonal Workers

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Question: Are seasonal employees eligible for unemployment if they meet the minimum requirements of length of service and wages? Answer: More and more states are saying “no”. There are many jobs that only last for a portion of the year, which have typically been eligible for jobless benefits. Federal law gives each state the option […]
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Return To Work / Fit for Duty

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We have an employee out on family medical leave (FMLA) for a serious health condition. If he provides medical certification from his physician that he can return to work with no limitations, can we require the employee to submit to further examination to see if he is fit for duty under the ADA? The employee is not claiming any disability and has requested no consideration under ADA, but we believe he might be unable to perform the job duties.
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H-1B Versus At-Will Employment

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We're considering hiring an individual who needs sponsorship to work in the U.S. Do we need to be concerned that sponsoring an employee will alter the "at will" employment agreement?
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Impact Of Miscarriage On Leave

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Question: We had an employee request, and was granted, maternity leave under our leave policy.  After the leave was granted, she had a miscarriage. How should this impact the maternity leave and how long should we allow her to be out? Answer: From a legal perspective, maternity leave falls under the Family Medical Leave Act […]
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