Human Resources FAQs - Managing Your Employees

Find answers to the most common challenges that managers face.

Staffing and Management

• Can my business run a background check before making an offer of employment?
• Is my business legally required to offer benefits to part-time employees?
• Can a recruiter ask a job candidate, "Do you own a car?"
• One of my employees was arrested and charged with a crime. We would like to terminate. Is suspension more appropriate?
• Are employees working a compressed workweek and paid bi-weekly entitled to overtime in the week they work more than 40 hours?

Employee Relations

• A few employees say that their religious beliefs preclude their ability to work on Saturdays. Do we have to accommodate their schedule?
• A manager inadvertently destroys morale when providing criticsm. What tips can I offer?
• An employee requested I keep a conversation confidential. Am I obligated to keep the meeting confidential?
• An employee is secretly recording conversations with management and other employees. What should we do?

Compensation

• An exempt employee would like to work a second, part-time nonexempt job at our company. How do I avoid overtime issues?
• When we hire or fire an exempt worker mid week, will we violate the salary basis test under the FLSA if we don't pay the employee for the whole week?
• An exempt employee is going to be out for half a day due to personal reasons and has exhausted all PTO (paid time off). Can we deduct for the time not worked from their pay?
• Can we pay an exempt employee extra for working more than 40 hours in a week?
• May an employer require an exempt employee to record hours and work a specified schedule?

Labor Relations

• Can we terminate the individual who is responsible for organizing a union petition and discipline those who signed it?
• We are an employment-at-will employer. can we include employment-at-will statements in our policies for union employees?
• Are all types of strikes protected under the National Labor Relations Act?

Please note: this material is provided as general information and is not a substitute for legal or other professional advice.