Q. We classified our janitorial supervisor as an exempt employee. She meets some of the qualifications, such as hiring and firing janitorial staff. But when she's on site, she mainly performs janitorial duties. Is she classified correctly? —L.B., Texas
From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.
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Q. Some of our employees have been getting a lot of spam e-mail that advertises porn sites. I'm concerned that an employee will consider this junk as creating a hostile work environment. What can we do to protect ourselves? —M.C., Minnesota
Q. A recent sexual harassment complaint reported the conduct of management employees at a private party. The party was outside the normal workday and wasn't sponsored by the company. What is the company's liability? —W.S., Wisconsin
Q. We have a written employment contract with a worker that includes her salary, but an additional sheet attached to that outlines the commission structure. If the employee resigns with a month's notice, what is our obligation to pay approximately $10,500 in earned commissions? —P. D., Pennsylvania
Q. A few of our employees have added their spouses to our health benefits plan. We've heard through the grapevine that some of these “couples” aren't actually married. Can we check on this without being discriminatory? —L.C., Illinois
Q. I constantly run into this problem: I pre-screen a candidate who seems like a perfect fit for the job description. But when I send the person to the hiring manager for an interview, I'm told to keep looking for someone better. This is frustrating to the managers, the applicants and me. Any suggestions on how I can improve my pre-screening? —P.B., New Jersey
Q. In recent months, a sharp decline in revenue has forced us to consider downsizing. What are the legal risks associated with a layoff and how can we minimize them? —L.C., Hawaii
Q. Our employment application asks whether the candidate has been convicted of a felony. Is it legal for us to ask this? If so, can we ask what the applicant has been convicted of and can that information be used as a basis for not hiring an individual? —C.H., Arizona
Florida employees who refuse to work because of health or safety reasons can still receive unemployment benefits ...
Make sure your supervisors (and you) know how to respond when an employee requests leave for his or her own serious illness or a family member's illness. If you don't follow the FMLA's rules on how and when to request written proof about the illness or injury, you lose your right to challenge the employee's leave request ...