People First

Unemployment is federally mandated, but state administered. What does that mean? Each state’s unemployment is handled differently. It is important for employers to know their state’s rules and how unemployment works. If an employer is opening their business up into a new state, they must register with that state and follow their guidelines. Rates also...

There are no laws that require employers to pay severance pay when an employee is terminated. However, it is critical that if an employer does have a severance policy, it should be documented. If a policy exists, it should be administered uniformly.  If not administered uniformly, the employer could be liable for discrimination. For example,...

My first response is always, document, document, document. It is so important to document any issues involving employees so that should any of the issues escalate to termination, you have the proof you would need to defend your actions. I’ve gotten so many calls regarding the need to terminate an individual but they are in...

Construct discharge occurs when an employer creates a hostile environment causing the employee to quit. If the employee can prove the employer made their life miserable to force them to leave the organization, this can cause legal issues for the employer. The employee would definitely be eligible for unemployment. Examples of construct discharge could be...

There are different types of disciplinary processes. Two main ones are progressive and positive. Positive discipline is exactly what the name is, it positively deals with employee performance issues and works closely with the employee to assist them in developing skills or behaviors to help improve the areas of deficiencies. If the employee doesn’t improve,...

Non-compete Agreements legally bind an employee from competing with another employer for a period of time after their employment terminates. They are typically used when an employer has proprietary information or materials that could cause issues if their competition gets the information. Non-competes need to be properly written or they may not be held up...

The Fair Standards Labor Act requires employers to properly pay employees for their job duties. This includes overtime, minimum wage and child labor. Keep in mind some states have legislation that is stricter on employers and the rule of thumb whichever legislation benefits the employee more is the one to comply with. Family Medical Leave...

Today, I’d like to talk about laws that protect employees from discrimination and harassment. First there is Title VII of the Civil Rights Act. This deals with the protection of certain classes of individuals from being discriminated or harassed against. Protected classes include race, color, national origin, religion, and sex. Title VII covers all areas...

One of my supervisors didn’t show up for work because they partied too hard at a superbowl party.  Can I dock their pay? There is a difference between whether that person is exempt or nonexempt under the Fair Labor Standards Act.   They are the rules behind docking an exempt person’s pay? It’s critical to know...

I was recently asked what to pay a nonexempt employee who was traveling from Florida to China for business.   I jokingly responded, don’t send them.  It’s a complicated process especially on flights that take a day or two.  Then you deal with the return flight and in both cases the time changes.   There is actually...