Top 10 questions asked by HR professionals
March 27, 2013 2:45 PM
Demands on HR professionals continue to increase and our members continue to be challenged to handle more tasks and issues with fewer resources, says Dan Chaney, SPHR, director of HR advisory services for ERA. The common questions we receive center around hiring and firing, leave management, access to personnel records, drug testing, immigration rules and classifying independent contractors.
Here are the subjects on which HR pros most seek hotline expertise. Are they head-scratchers for you as well?
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1. FMLA
Questions center on: who is covered; what is deemed a serious health condition; and how to control intermittent leave. Proposed changes to FMLA such as those that may expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees make keeping up-to-date with the act particularly important.
2. Adverse actions
Queries on termination, suspension and discipline come in at a close second. Commonly requested information includes: what documentation is needed to fire someone; does a recent Workers Compensation claim or FMLA request affect the decision being made; can the employee sue for termination?
3. Performance management strategies
HR pros commonly ask for strategies for dealing with a problem employee such as: is it safe to ramp up the heat on a new hire that may not be working out or on a protected-class employee that isn't responding to counseling? Also, group performance issues concurrent with culture changes or business cycle needs.
4. Fair Labor Standards Act issues
Concerns center on correctly classifying a position as exempt, calculating overtime for multiple rates, what travel hours must be paid for an hourly employee, what are federal and state child labor rules. In addition, how much time can we ignore at clock-in or out? Can we round?
5. Immigration
Many questions arise regarding I-9 documentation and procedural questions. Such as, what do we do when the SSN comes back a no-match? An applicant has a matching SSN and ID, but we know it is not his. What can we do? And, were considering employing an H1-B employee. How complicated is that?
6. Lunch hour and breaks
Questions remain about giving breaks and how many per day. Is a lunch period required? What has to be paid versus non-paid time? Can an employee work through break and leave early?
7. Employee access to personnel files
Does the law require us to allow an employee to see or copy his file? What are the pros & cons of allowing it versus not? We just got a letter from an attorney requesting files; do we have to send them the files? We have employees in a few other states; are the rules different there?
8. Independent contractor versus employee
Whats the difference between an independent contractor and an employee? Why cant I just pay this person as a contractor and issue a 1099? What constitutes a legal independent contractor status? Who makes the rules?
9. Employee privacy
Can we read employee emails or monitor Internet usage? What about the use of surveillance cameras is it legal? Can we search employees, or their workplace, belongings or cars? Can we use GPS technology to monitor our employees? What about employees who use company provided smart phones?
10. Drug and alcohol issues
Under what conditions can employees be tested? If the employee tests positive, can we discharge? How can a drug test procedure be set-up, what should be in the policy?
