Practical HR Tips, News & Advice. Updated Daily.
Question: An employee has been on military leave for 6 months. We have been paying the difference between her base wage and her military pay. Now she is requesting to have us pay out her vacation. We do not pay out vacation unless an employee terminates employment. We also don’t payout vacation for employees on […]
Now that the Department of Labor’s (DOL) overtime rule changes have been put on hold, what should employers do? That, in part, depends on the steps your company took to prepare. In May 2016, the federal DOL released final changes to the overtime regulations. With this final rule, the DOL sought to update the salary […]
My question regards a probationary employee called to active duty. We have an employee who is serving a 9-month probationary period who was called to active duty for 2 years. By law, do we have to make them a permanent employee? Or do extend the probation and upon her/his return have the employee complete their […]
We have an employee that just came back from military leave. He did not present orders to HR or payroll and turned in a timecard with “5 days Military Leave” written across the week he was gone. Payroll paid him for that week and deducted 40 hours of leave. The employee came back stating that […]
We have an employee that is a member of the Army National Guard. He is considering applying for an Active Duty position within the Guard. If he applies for this position and he is approved for voluntary active duty while still employed with us, will the USERRA guidelines still apply?
by Brinton M. Wilkins Society has long understood that war can exact a heavy psychological toll on the soldiers, marines, sailors, airmen, and coast guardsmen who serve in the military. During WWI, servicemembers came home with shell shock. The psychological difficulties military men and women face have been diagnosed as “combat stress reaction,” “combat fatigue,” […]
by Jane Pfeifle An employer’s failure to include a deployed servicemember on a list of employees when it sold its assets may be a violation of the benefit provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA). Facts Jonathan Dorris, a floor hand for TXD Services and a member of the Arkansas National […]
by Susan M. Webman, Fortney & Scott, LLC For a number of years, the issue of whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) created a claim for hostile work environment based on membership in the uniformed services, a right not definitively named in the Act, has been raised in the trial courts. […]
by Joseph C. Pettygrove Most employers recognize that there are times when employees have legitimate reasons to miss work, be tardy, or leave early. Unfortunately, it’s not uncommon to suspect an employee’s stated reason for an absence (or a recurring absence) is a lie. Take, for instance, a worker who is repeatedly “sick” the Monday […]
by Susan M. Webman and Burton F. Fishman of Fortney & Scott, LLC The new Family and Medical Leave Act (FMLA) regulations, while not a panacea for the long-standing problem of employees using FMLA rights as an excuse to take leave on an intermittent and, at times, seemingly irrational basis, do offer some help in […]