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Dear David: Hard Copy or Electronic Posters?

Question: We have remote and on-site employees. Do we have to post hard copies of required labor posters in the workplace, or can we provide only electronic ones on our internal web page for all employees to see? Answer: As you have remote and on-site employees, we recommend doing both. In December 2020, the Department

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Dear David: Are COLA Raises Mandatory?

Question: Are cost-of-living raises mandatory?    Answer: Some state minimum wage adjustments are tied to the consumer price index, but otherwise, cost-of-living raises are not required by state or federal law. You just need to make sure you’re paying any applicable state and municipal minimum wages. That said, if the cost of living has increased in

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Dear David: Dealing with Unpaid Leave Requests

Question: An employee requested an unpaid leave of absence to complete their last semester of college. Do we have to approve it? If we don’t but still want to, what should we consider before approving the employee’s request?   Answer: A leave of absence for educational purposes isn’t covered by the Family and Medical Leave Act,

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Dear David: Responsibility for Disciplinary Actions?

Question: Who should be responsible for delivering disciplinary action in response to performance or attendance issues?  Answer: In general, disciplinary actions should be delivered by the employee’s manager. It’s the manager’s job to define what success looks like in the role, set performance and attendance expectations, monitor the employee’s work, offer guidance, coaching, and feedback,

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Dear David: Updating Employees on New Laws

Question: Do we need to tell employees when employment laws change? Answer: Possibly. As the employer, you need to stay up to date on legal changes that affect your organization, and your leadership team, managers, human resources, and payroll departments should be kept aware of any new legal requirements or rights that will apply to them

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Dear David: Is Dress Code Enforceable?

Question: Our previous HR director was lax about policy enforcement, particularly around tardiness and dress code. What’s the best way to start enforcing these policies consistently?  Answer: If possible, we recommend meeting with employees to inform them that, going forward, these policies will be uniformly enforced. If meetings aren’t a viable option, a company-wide announcement

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Dear David: When Do We Pay for Training Time?

Question: When are we required to pay for trainings?  Answer: In general, time spent in job-related training is counted as time worked and must be paid. However, not every lecture, class, training program, or similar activity would qualify. If all four of the following criteria are met, you don’t need to pay the employee for

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Dear David: How should employee files be organized?

Question: How should employee files be organized?   Answer: We recommend having five separate files for each employee, as outlined below:  These files should be kept in a secure location that is only accessible to those in the HR function or with a legitimate need to review the information—for instance, in locked cabinets inside a locked

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Workplace Retirement on computer with sticky notes

Dear David: Can we have a mandatory retirement age? 

Question: Can we have a mandatory retirement age? Answer: With a few exceptions, no, you can’t have a mandatory retirement age. Forcing an employee age 40 or older to retire at a certain age would likely violate the Age Discrimination in Employment Act. You could, however, offer voluntary retirement plans or various post-retirement benefits for

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