Federal Law Alert

EEO-1 Reporting Is Now Open April 13, 2022 The Equal Employment Opportunity Commission (EEOC) has announced that the 2021 EEO-1 Component 1 data collection is now open. The deadline to file the report is May 17, 2022. Employers should visit the EEO-1 Component 1...

New Hampshire Protects Off-Duty Medical Cannabis Use

New Hampshire’s supreme court has held that an employee’s off-duty use of medical cannabis (a.k.a. marijuana) can be a reasonable accommodation under state disability law, which applies to employers that have six or more employees (except for non-profits). As a...

Do managers need to be classified as exempt under the Fair Labor Standards Act?

Answer from Kyle, PHR: No, it’s fine to classify managers as nonexempt. You are under no obligation to classify any employees as exempt, even if they meet the criteria under the Fair Labor Standards Act. You could have an entire workforce of nonexempt employees, right...

An employee worked unauthorized overtime. Do we have to pay them the time and a half for these hours?

Answer from Margaret, PHR, SHRM-CP: Yes. Any overtime worked by non-exempt employees must be compensated, regardless of whether the overtime was authorized. We recommend communicating with the employee about work expectations outside of their scheduled workday, making...

One of our employees has taken on a second job, and I’m concerned the additional work might hurt his performance or interfere with his work for us. What do you recommend?

Answer from Kyle, PHR: If you haven’t had previous issues with this employee’s performance, I wouldn’t worry too much about his taking a second job. Side jobs are common, and many people manage them just fine. You can certainly reiterate your performance expectations,...

What is a leave entitlement?

Answer from Kyle, PHR: The term leave can refer to just about any type of time away from work, but it’s often used to describe time an employee is entitled to take by law or company policy. Common leave entitlements include vacation, personal days, and sick days....