‘Workplace Management’ Category
If an employee is sent for a job related one day seminar or training, will the employee eligible for travel expense at .55.5 and for the meal?
The Fair Labor Standards Act (FLSA) does not regulate how travel expenses are paid; it only covers how the travel/work time is paid. Whether or not an employer chooses to reimburse an employee for mileage and/or meals is a matter of agreement between employee and employer.
The FLSA does stipulate that if an employee regularly works at a fixed location and is given a special one-day assignment (such as attending a seminar) in another city and returns home the same day, the time spent traveling to and from the other city is counted as hours worked, except that the employer may deduct the amount of time the employee normally spends commuting to and from the regular worksite.
If the seminar is held in the same city that the employee regularly works in, the time spent traveling to and from the seminar would be considered regular home-to-work commuting, and thus would not be compensable.
We have been undergoing an audit of our benefit files to bring us in line with HIPPA/HITECH regulations. Locking filing cabinets, locking computers when away from desk, etc to protect our employees personal health information (PHI)as it applies to our benefit plan. Should this also include leave of absence files that contain Medical certifications for leave of absences, including FMLA and other types of leaves?
Should these also always be in locked cabinets? Thank you for your help.
Yes. Any information relating to an employee’s medical history or current health conditions should always be treated as confidential and access to this information must be limited.
How many hours do you have to put in for 90day probation.
- A probationary period may be established by an employer, but this is not required and it is not regulated by law. The employer is free to determine how long the period will be as well as how many hours must be worked during this time. Generally, an employer would want the employee to work the number of hours per week that they will be working once off probation, but this is entirely up to the employer.
Recently one of our upper level executives was conducting a meeting between two managers. One manager was only in position for several months while the other was significantly longer. At the end of the session, the newer manager asked to speak with the executive privately to discuss a personal payroll issue. She politely asked if the other manager was done and could she excuse then. There was nothing rude nor demeaning about her tone.
The second manager immediately launched into a intense verbal attack stating that she was insulted to be asked to excuse herself. She told the newer manager that she had no right to speak to her in that tone and continued to berate the newer manager.
The executive was taken aback and caught quite off guard. The newer manager quickly apologized and stated that it was a personal issue she needed to discuss and that she thought their meeting was over.
At the end of the interaction everyone was flustered and unsure about how to approach this exchange. Should the manager be reprimanded for her behavior? Would this be considered as creating a hostile work environment? Please give us Your thoughts.
Employers are not required to tolerate bad behavior from any employee, and should address it in accordance with their conduct policies and/or past practice.
Generally, a hostile work environment is not created by a solitary instance of a manager acting rudely. In the context of harassment or discrimination, the courts evaluate the frequency of the discriminatory conduct, the severity of the conduct, whether or not it is threatening or humiliating or merely an offensive comment, & whether or not the victim’s work performance was interfered with. Although what you describe does not appear to be discriminatory, but rather simply rude behavior by a manager, the same standards can be applied.
If, however, the conduct was directed at the other employee on the basis of race, gender, age, etc., you would definitely want to address this with the manager to ensure the behavior is not repeated, as continued behavior of this sort could lead to a hostile work environment for the employee.
Is it a conflict of interest if an employee holds the title of HR Manager and Assistant Manager?
In small businesses, it is not uncommon for the HR duties to be performed by a non-HR professional. As long as this person adheres to the laws and ethical responsibilities of the profession (i.e. maintaining confidentiality, nondiscrimination, etc.) it is not illegal.
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