Question: A candidate volunteered details about being pregnant during her interview. How should I handle this?
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Question: A former employee posted negative comments about our company on social media. Is there a way we can prevent this from happening in the future?
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Question: A worker, who came to us from a staffing agency, is asking for an accommodation due to a disability. Who’s responsible for the accommodation – us or the agency?
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Question: An employee has asked for a tricky religious accommodation. At what point does granting one become an undue hardship?
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Question: An employee shared that they suffer from alcoholism. Are they protected under the ADA?
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Question: An employee wants to do some light work on FMLA leave, like answer emails, join conference calls, etc. Can we let him without risking an interference claim?
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Question: An employee’s doctor said she needs a 15-minute, FMLA-covered rest break every hour for her medical condition. Do we need to pay her for that time?
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Question: An employee’s work is slipping, and we want to take action. But he revealed his performance could be due to a mental illness. How should we proceed?
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Question: An older employee can’t perform his job anymore. Is it better to terminate him with severance or offer it as a retirement package?
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Question: Are employees protected under the FMLA if they contract coronavirus?
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Get It Now Question: Are employees protected under the FMLA if they contract coronavirus?
Question: Are there ways we can get more female employees into traditionally male-dominated jobs?
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Question: Are we allowed to ban employees from using their cell phones while operating company vehicles?
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Question: Are we obligated to seek accommodations for a disabled employee if the person hasn’t asked for an accommodation?
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Question: As our workforce slowly returns to the office, should we assume our disabled/at-risk employees will not want to return due to the threat of COVID-19, and automatically accommodate them?
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Question: As we reopen, we recognize that certain employees, like those over the age of 65 and those who are expecting babies, are at higher risk of contracting COVID-19. What can we do to keep them safe without being discriminatory?
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Question: At what point does disrespectful behavior cross the line to become illegal harassment?
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Question: Can an employee be terminated for a racist social media post, or are they protected under the First Amendment?
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Question: Can an employee qualify for FMLA leave if he’s being treated for substance abuse?
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Question: Can an employee use a hardship distribution from their 401(k) to pay for his child’s student loans?
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Question: Can an HR manager at a central company headquarters complete Section 2 of Form I-9 if he or she didn’t physically observe the employee’s original documents?
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Question: Can employee take FMLA military caregiver leave to care for any type of military veteran?
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Question: Can profanity in the workplace ever be considered harassment?
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Get It Now Question: Can profanity in the workplace ever be considered harassment?
Question: Can separation agreements with severance pay shield us from legal claims involving ex-employees?
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Question: Can we ask an employee, who is out on FMLA leave, to come into the office for any reason?
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Question: Can we deny an employee’s intermittent FMLA request if he’s only had one medical treatment in the past year, even if his doctor is saying he’ll likely be treated more often than that?
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Question: Can we make all job applicants submit to a pre-employment physical exam?
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Get It Now Question: Can we make all job applicants submit to a pre-employment physical exam?
Question: Can we prohibit employees from working from home while they’re sick?
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Get It Now Question: Can we prohibit employees from working from home while they’re sick?
Question: Can we require employees to take vacation during a certain window of time?
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Get It Now Question: Can we require employees to take vacation during a certain window of time?
Question: Can we stop our employees from using hemp and CBD products for safety reasons?
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Get It Now Question: Can we stop our employees from using hemp and CBD products for safety reasons?
Question: Can we surveil an employee if we suspect they’re abusing FMLA leave?
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Get It Now Question: Can we surveil an employee if we suspect they’re abusing FMLA leave?
Question: Companies can be held liable for harassment coming from a third-party vendor or a customer. But how can we put a stop to it?
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Question: Do we have to factor a workers’ performance bonus into how much overtime we owe her?
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Question: How can we prevent employees from inadvertently sharing private company information?
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Question: How much time should we give a departing employee to review/sign a release agreement tied to severance benefits?
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Question: I’m currently working from home and am absolutely swamped during this pandemic. I’ve received a reference request concerning an old employee but don’t have a free moment for at least a week. Is that a reasonable time frame to respond?
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Question: If a disabled worker is cleared by their doctor to return to work without limitations, but the worker says they’re still not at 100%, what do we do?
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Question: If a qualified beneficiary has a legitimate need for a COBRA enrollment extension, should we grant an extension?
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Question: If a worksite is closed due to a natural disaster or damage from a storm, do employees need to be paid for that time?
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Question: If an employee calls in sick right now, can I ask them for more information to determine if it could be coronavirus?
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Question: If an employee can’t physically come into work full-time because of a disability, are they no longer qualified for their job?
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Question: If an employee comes to his or her manager with a serious complaint – about harassment, discrimination, etc. – what should we tell managers to do first?
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Question: If an employee gives their two weeks notice, then wants to retract it, do we then have to keep them on?
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Question: If an employee has been with us for some time, can we still run a criminal history check on him?
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Question: If an employee is fostering a child, and then later adopts that child, do they get a full 12 weeks of FMLA leave both times?
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Question: If an employee is on FMLA leave, can we require them to use their paid time off at the same time, or can that only be used once FMLA is exhausted?
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Question: If an employee is scheduled for over 40 hours in a week, can we ask them to leave early to avoid paying overtime?
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Question: If an employee requests FMLA leave, can we offer him or her light duty instead?
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Get It Now Question: If an employee requests FMLA leave, can we offer him or her light duty instead?
Question: If an employee violates a workplace rule due to a disability, are we allowed to discipline them?
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Question: If an employee wants to take advantage of the Families First Coronavirus Response Act (FFCRA), can we require they use their PTO concurrently with any leave time they take?
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Question: If an employee with a mental disability threatens to hurt a co-worker, can we terminate him or must we first explore possible accommodations – per the ADA?
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Question: If an employee would be required to work overtime if not for taking FMLA leave, can we count those overtime hours against his FMLA entitlement?
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Question: If an investigation concludes that an employee was harassed, do we have to fire the harasser?
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Question: If an investigation doesn’t corroborate that harassment occurred, both parties may, naturally, be upset. What should we do then?
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Question: If employees have to boot up their computers before they start working, and it only takes a couple of minutes, do we have to pay them for that time?
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Question: If marijuana is legal in our state, but we still want to prohibit it in the workplace, what should our drug policy say?
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Question: If we conduct a background check on an applicant and they fail, what are the next steps if we don’t want to continue the process with them?
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Question: If we have evidence a worker is abusing FMLA leave (like a video of them lifting heavy objects or playing sports), can we safely move forward with termination?
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Question: If we know an employee, who’s on FMLA leave, is working a second job, can we make him return to work for us?
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Question: If we make a job offer to a candidate, but later change our minds, is it illegal to revoke it?
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Question: If we offer a disabled employee an accommodation and they accept it, what do we do next? Is the interactive process over?
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Question: If we pay a female less than a male who is doing the same job at the same location, are we violating the Equal Pay Act?
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Question: If we require all candidates to do video interviews, could this deter deaf candidates from applying, therefore violating the ADA?
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Question: If we’re conducting some type of workplace investigation and need to speak to potential witnesses, how much should they be told about what we’re looking into?
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Question: In the past, our salaried employees were allowed to come and go as long as they worked 40 hours a week. A new manager wants to set their hours and breaks and have them use a time clock. Is this allowed?
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Question: In the wake of another workplace shooting, what can we do to make our facility safer?
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Question: Is having a zero-tolerance harassment policy the best way to tackle the issue?
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Get It Now Question: Is having a zero-tolerance harassment policy the best way to tackle the issue?
Question: Is it a good idea to rehire an ex-employee who has reapplied with our company?
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Get It Now Question: Is it a good idea to rehire an ex-employee who has reapplied with our company?
Question: Is it better to mail COBRA notices to qualified beneficiaries or hand-deliver them – if they’re still in the office?
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Question: Is it considered discriminatory to have a no-visible-tattoo policy?
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Get It Now Question: Is it considered discriminatory to have a no-visible-tattoo policy?
Question: Is it permissible to require all of our employees to sign a non-compete agreement?
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Question: Is it possible for an employee to qualify for FMLA leave to care for a brother or sister?
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Question: Is preventing fraud something HR should be worried about?
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Get It Now Question: Is preventing fraud something HR should be worried about?
Question: It appears our business will be able to reopen soon. What are some strategies to consider as we try to get back in the swing of things?
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Question: March Madness pools are creating a distraction in the workplace. Should we ban them?
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Question: Once we’ve made the decision to terminate an employee, how quickly must we act to actually sever the relationship?
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Question: One employee feels he is being “harassed” by a male co-worker. Can it be unlawful harassment if it has nothing to do with sexual interest toward the employee?
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Question: Other than implementing policies and training, what else can we do to prevent sexual harassment in the workplace?
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Question: Our managers know not to ask if a job candidate is pregnant. But what should we tell them to do if a candidate reveals she’s pregnant in an interview?
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Question: Our state just legalized medical marijuana. So do we have to allow, at least in some cases, employees with pot prescriptions to work under the influence?
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Question: Should the job of protecting company/employee data fall on HR, or should it be left up to the IT department?
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Question: Should we ask about salary expectations up front?
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Get It Now Question: Should we ask about salary expectations up front?
Question: Since marijuana is legal in many states, it’s wise for employers to forego marijuana screenings when possible. But for what jobs are we allowed to screen for it, regardless of state law?
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Question: Since the tax reform bill is ending the ACA’s individual mandate, do we still have to provide employees with a Form 1095-C?
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Question: Since women can suffer from pregnancy-related conditions and require more time off, can we offer new mothers more parental leave than fathers?
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Question: Some employees have asked us for an advance on their earnings. What should we watch out for if we decide to advance their pay?
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Question: Some of our employees got into a bad altercation outside of work. Can we fire them for off-duty misconduct?
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Question: Some workers think stealing someone’s lunch isn’t a big deal. How do we get them to realize it won’t be tolerated?
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Question: The Equal Pay Act requires men and women to earn “equal pay for equal, or substantially similar, work.” What does “substantially similar” mean?
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Question: There isn’t much I can do to stop employees’ after-hours socializing from crossing the line. But can I protect my company against happy hour harassment suits?
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Question: To ensure people are being productive at home, we’re considering using software to monitor keystrokes and other activity. Is this a bad idea?
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Question: Typically, when an employee wants to take a sick day, we require them to call in to let us know. Should we require the same thing for employees using intermittent FMLA leave?
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Question: Under what circumstances do pregnant employees get light duty assignments or other accommodations?
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Question: We ask some non-exempt staff to take their lunch breaks at their desks in case the phone rings. Do we have to pay them if no one calls and they do no work?
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Question: We conduct thorough sexual harassment training with our employees. But how can we make sure it actually sticks?
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Question: We feel our sexual harassment policy is strong (even in this post-Weinstein era). Still, you can’t be too careful. Is there an area we should really focus on to make sure it’s up to par?
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Question: We got a letter from the IRS that says we owe an ACA penalty. We believe we were assessed the penalty in error. What can we do?
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Question: We have a mandatory flu vaccination policy. Can we discipline employees who don’t get a flu shot?
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Question: We have an employee who is afraid to come into work, due to fears over contracting the coronavirus. What are our options here?
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Question: We have employees work several weeks at a time, then get a week or two off. If they take FMLA leave, do their 12 weeks “pause” during their off time?
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Question: We have many hourly workers who can’t afford to miss shifts, but we want to do everything we can to prevent the spread of coronavirus. What’s the best way to proceed?
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