Question: A candidate volunteered details about being pregnant during her interview. How should I handle this?
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Question: A few employees have expressed interest in being paid in cryptocurrency. Is that legal?
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Question: A few of our employees are getting into heated political debates in the office. Any tips for the best way to 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 lot of aspects of our current performance review process just don’t make sense right now because of COVID-19. How should we adjust our review methods to account for this?
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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: After offering a candidate a job, I discovered they were convicted of a few misdemeanors and served some time in jail. Should this factor into my decision?
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Question: After the nationwide protests regarding police brutality and racism, we feel it’s important to address this with our employees. What’s the best way to broach this sensitive topic?
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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 has missed quite a bit of work to attend doctor’s appointments. When can we ask them for a note?
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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 a religious exemption to our COVID-19 vaccine requirement. Do we have to grant it?
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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 ask our employees if they’ve received the COVID-19 vaccination?
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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 legally obligated to give employees time off to vote on Election Day? Can we tell them how much time to take and when to take it?
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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: Are we required to pay employees for the time it takes them to go through our various COVID-19 safety protocols?
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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 our company, we have quite a few employees who have trouble disconnecting from work after hours. How can we encourage them to do so?
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Question: At what point does disrespectful behavior cross the line to become illegal harassment?
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Question: Because of COVID-19, a lot of employees are having doctors’ visits conducted via telemedicine. Does this meet the requirements to establish a serious health condition under the FMLA?
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Question: Because of the pandemic, we’re now allowing employees to work remotely forever, if they choose. Is it OK to adjust their salaries based on their location?
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Question: Before we let employees back on site, can we ask them for proof they’ve received the COVID-19 vaccine?
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Question: Besides training, is there a way we can be proactive and stop sexual harassment before it becomes a bigger problem?
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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: COVID-19 numbers in our area are looking bad again, and our company wants to reinstate a mask mandate – but we’re afraid we’re going to get a lot of employee resistance. How should we handle this?
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Question: Despite many warnings from our governor, I know at least one employee has plans to travel out of state. I’ve asked them to quarantine for two weeks when they return. Is there anything else I can do? Can I prevent others from doing this?
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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: For an employee to be eligible for FMLA leave, they need to have a health condition they’re seeking continued medical treatment for. Do telehealth visits count as continued treatment?
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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 had one employee recently get a going away present for another, but it was inappropriate for the workplace, and the recipient was embarrassed. I wasn’t sure how to handle it at the time – what should I have done?
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Question: I have a worker who seems to not understand what I’m asking of him. Are there any easy ways to address this?
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Question: I have an employee who is very sensitive to fragrances – she gets headaches and can get physically sick. We had her post “Fragrance-free zone” signs, but that hasn’t stopped co-workers from wearing perfumes. What should my next steps be?
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Question: I have an employee whose performance hasn’t been great. In fact, we discussed an informal performance improvement plan. To my surprise, this person has requested a raise! I’m so stunned I have no clue how to respond to this.
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Question: I know we’re permitted to ask employees if they got the COVID-19 vaccine, but can we require proof? Do we need to keep this confidential?
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Question: I noticed that, once again, the CDC has changed its recommendation for quarantine periods for those exposed to COVID-19. How long should exposed employees be asked to quarantine for?
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Question: I recently had a Zoom meeting with an employee who fell short on a project (and a few others). In the grand scheme of things, the mistake wasn’t a big deal and I tried to be as gentle as possible. However, she still started crying. I wasn’t sure how to address it, so I moved on and didn’t acknowledge the tears. Was this the right call?
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Question: I saw that Delta Airlines is instituting a surcharge for unvaccinated employees. Could my company do that?
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Question: I work at a small company and a new hire shares a name with another employee. Due to our size, I can foresee this being confusing for both clients and colleagues. Can I ask the new hire to go by a nickname, or is that inappropriate?
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Question: I’m having trouble attracting entry-level candidates, and raising the salary isn’t an option. What can I do?
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Question: I’ve heard remote and hybrid work can lead to increased discrimination or harassment claims. What are some things we should be on the lookout for?
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Question: I’ve noticed our remote employees seemed stressed and burned out. What can we do to help?
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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: I’m new to writing job ads and I’m struggling a bit with what to include. Can I look at examples and use those as a template for my own postings, or is that considered a faux pas?
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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 salaried, does that automatically mean they’re exempt from overtime pay?
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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 was exposed to the coronavirus or has symptoms and is still awaiting a diagnosis, do they need a doctor’s note to take paid leave through the Families First Coronavirus Response Act (FFCRA)?
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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 give an employee an ADA accommodation, are we allowed to rescind it later if it no longer works for us?
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Question: If we have an employee who’s making profane or harassing statements on social media, is that conduct protected under the National Labor Relations Act (NLRA)?
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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 provide flexible, remote schedules to working parents only, are there potential discrimination concerns?
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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: If we’re requiring our employees to get tested for COVID-19, do we have to pay for it?
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