Can an employee waive overtime pay with a signed letter?

Answer from Kim, SPHR, AAM, CPIW: No. An employee can’t waive their right to overtime pay, even if they want to. The federal Fair Labor Standards Act (FLSA) prohibits the waiver of an employee’s rights to overtime pay (and minimum wage) in nearly all...

What is “at-will employment”? Does that mean I can fire an employee for any reason?

Answer from Marisa, SPHR: At-will employment means that the employer or employee can end the employment relationship for almost any reason (with or without cause) at any time (with or without notice). It does not, however, allow you to terminate someone for an illegal...

While covering shifts for an employee on a leave of absence, we discovered errors in their work. How do we address their performance without seeming retaliatory for taking leave?

Answer from Jenny, SPHR, SHRM-SCP: Taking disciplinary or corrective action following a leave of absence is going to come with some additional risk, but there are a few steps you can take to help show that the actions you’re taking are due to the performance issue and...

We’ve discovered an employee is using a title on LinkedIn that is not the title we use at our organization. Should we say something?

Answer from Rachel, SHRM-SCP: It depends. There are many reasons an employee may choose to use a job title on LinkedIn that is different than their official job title with your organization. For one, employees may feel that their job title doesn’t accurately or...

What a Good Enough Hiring Process Looks Like

The last few years have proved challenging for employers trying to fill positions. Low unemployment, among other factors, made the job market much more friendly to jobseekers than to employers keen to hire them. In this highly competitive environment, some...

Lately, we’ve noticed employees using wearable devices while working. We have a policy that limits personal cell phone use at work. Can we expand that to include wearables like smartwatches?

Yes, you can expand your policy to include wearables or other smart devices that might cause distractions to your employees while they are working. Here are a few things to consider when revising your policies: Focus your policy on the employee’s actions and not the...