Question: What’s the difference between an exempt and non-exempt employee? Answer from Eric, SPHR, SHRM-SCP: Exempt and non-exempt are classifications under the Fair Labor Standards Act (FLSA). That’s the federal law requiring that most employees receive at least minimum wage for each hour worked and overtime pay for hours worked over 40 in a workweek. Usually, employees who are entitled to both minimum wage and overtime are called non-exempt. Those who are not entitled to both are called exempt. Any position can be non-exempt, meaning that employees in that position are entitled to both minimum wage and overtime pay. But if you would like to classify a position as exempt, it would need to qualify for one of the exemptions listed in the FLSA. The most commonly used exemptions, particularly in office settings, are the executive, administrative, and learned professional exemptions. These are part of a group of exemptions often referred to as “white-collar exemptions.” Employees wh...
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HR SNAPSHOT August 09, 2021 Share | Question: Some of our employees have been careless on the job and broken company property. Can we deduct the cost of replacing the broken items from their paychecks? Answer from Monica, SPHR, SHRM-CP: Probably not. Many states have imposed significant limitations on what kinds of things employers can take a deduction for, and often the deduction also requires employee consent. In addition, most deductions that would take an employee below minimum wage would violate federal and state wage and hour laws. Further, deducting from an exempt employee’s salary in such an instance violates the salary basis requirement under the Fair Labor Standards Act (FLSA). Instead, we recommend addressing the carelessness as a performance concern. Document the occurrence and, if warranted, pursue corrective action. Repeat offenses may result in termination of employment. Going forward, make sure you address this issue in a consistent manner. Update your policies if...
Question: Does enrolling in Medicare trigger an offer of COBRA? Answer from Kyle, PHR: No, enrolling in Medicare does not cause COBRA to start. Under the federal rules, COBRA must be offered to persons enrolled in the employer’s health plan only if they lose coverage because of certain specific events. Termination of employment is an example of a COBRA qualifying event. Becoming eligible for Medicare, or enrolling in Medicare, is not a COBRA qualifying event. On the other hand, if someone is already on COBRA due to a prior event, and then they enroll in Medicare, COBRA will end. Early termination of COBRA due to Medicare enrollment only affects that person. If other family members also are on COBRA, they may continue for the remainder of the COBRA period assuming their premiums are paid when due and they do not enroll in Medicare or another group health plan. Let’s look at another scenario: An employee enrolls in Medicare while continuing...
Question: Can we ask an applicant why they are leaving their current job? Answer from Kyle, PHR: Yes, you can ask applicants why they are leaving their current job. The employment application is a good place to collect this information. In the section where the applicant lists their previous employment experience, you can ask for the reason they left each job. Trends you notic...
Question: What is natural hairstyle discrimination? Answer from Celine, SHRM-CP: Natural hairstyle discrimination occurs when natural or protective hairstyles (most often worn by Black women) are prohibited or are the basis of different or unfavorable treatment. That sounds a bit technical, but what it usually looks like in practice is dress codes that prohibit corn rows, locs, or afros, and hiring managers rejecting candidates with natural hair because they don’t have a “professional” look about them. Some states have made natural hairstyle discrimination illegal by amending their employment discrimination laws to specifically define race as including traits associated with race, including hair texture and protective hairstyles. Protective hairstyles include (but aren’t limited to) afros, bantu knots, curls, braids, locs, and twists. In states that have made natural hair discrimination illegal, employees have legal protections so that th...
MAY DISABILITY INSURANCE MONTH April 07, 2021 Share | Disability Insurance Awareness Month MAY 2021 May is Disability Insurance Awareness Month (DIAM) Learn More TODAY! Millions of working Americans are facing a growing crisis: a lack of adequate disability insurance coverage. Today, the absence of emergency savings, rising medical costs, and an overall trend of fewer employers offering benefits to workers has created a critical blind spot for many American workers and their families. Without some kind of income protection, more Americans are experiencing severe financial difficulty if they need to miss work due to illness, injury or pregnancy. LEARN MORE TODAY, contact: info@amsinsure.com
Business & Professional * Long Term Disability * Evaluation Guide A complete guide to evaluate the income protection needs of your business. Choose Wisely The better informed the consumer, the wiser the choices that can be made. This philosophy is the guiding principle behind the Business Practice Long Term Disability (LTD) Evaluation Guide. We believe that using this Guide will provide you with the insight you need to select a group LTD plan that best meets your needs. The Business Practice LTD Evaluation Guide comprises many different market and contract criteria for considering an insurance provider and a group long term disability plan. We feel each of these criteria is important; you decide which ones are most important to you. Ask the tough questions, analyze the data, and compare the LTD coverage’s. We are confident you will choose the companies committed to the highest quality coverage designed specifically for your business and covered members. Contractua...