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....

Maine Law Alert: Alert Icon Maine Bans the Box, Expands EEO, and More

Maine has banned the box, added familial status and status as a domestic violence victim to its list of classes that are protected from employment discrimination, and added caring for a sick grandchild as a reason to take family and medical leave. All changes are...

What is a disability?

Answer from Kim, SPHR, AAM, CPIW: Our definition of disability comes from the Americans with Disabilities Act (ADA). According to the ADA, an individual with a disability is a person who: Has a physical or mental impairment that substantially limits one or more major...