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We’re the people behind payroll.
Payroll Management is a family-owned and operated independent payroll processing, HR, time and attendance, and tax support services provider for small and medium-sized businesses that want personalized service from real people.
We are considering having different employee handbooks for our exempt and nonexempt employees. Can we have multiple versions of our employee handbook?
Answer from Shawna, SHRM-CP: There’s no rule against having multiple employee handbooks, but there are some factors to consider. Having multiple versions would lead to more administrative work to ensure all handbooks are up to date and consistent. If you have separate...
An employee came to us with a harassment complaint but said they didn’t want us to do anything about it. Do we have to do an investigation?
Answer from Sergio, SHRM-CP: Yes, you should still investigate the complaint. Not investigating could expose you to legal risk if more employees come forward with complaints, if the employee later decides to take their complaint to a state or federal agency, or if the...
We have a repeat applicant whom we offered a job to in the past. This candidate failed a drug screen back then, so we rescinded the offer. Can we reject them now based on their past drug screen result?
Answer from Kyle, PHR: No, chances are that rejecting an applicant based on a previous drug screen will violate the Americans with Disabilities Act (ADA). The ADA prohibits employment discrimination on the basis of a disability, which includes being in recovery from...
FMLA Turns 30: Let’s Get Back to Basics
For 30 years, HR professionals have been working with the Family and Medical Leave Act (FMLA), a federal law enacted to protect employees’ jobs and medical insurance when they need to take unpaid time away from work for certain family and medical reasons. While FMLA...
A candidate told us they have a disability. What do we need to do?
Answer from Rachel, SHRM-SCP: We recommend asking if they need an accommodation during the application process, but above all, ensure that having this information doesn’t influence your hiring decision. The Americans with Disabilities Act (ADA) requires employers to...
We recently had an open position that two employees were interested in. We’ve made our selection and our chosen employee accepted the role. How do we tell the other employee they were not selected?
Answer from Laura, MA, SHRM-CP: We recommend having a face-to-face conversation with the employee who wasn’t selected to let them know that someone else was selected for the role. If you elaborate on your decision not to select this employee for the position, keep the...
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 circumstances....
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...
Payroll Management, Inc.
550 Center Street STE 1210
P.O. Box 1837
Auburn, ME 04211-1837
