Top Questions and Answers
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Every day, our expert Hotline Advisors answer hundreds of real-life, customer-asked human resources, benefits, and payroll questions.
Their guidance is backed by years of experience and sound resources, like our own ThinkHR Comply. Find answers to all your HR questions in our ever-growing online
database.
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Question:
We are looking to hire millennials in an effort to create a more dynamic workforce. What are other companies doing in terms of workforce standards, benefits, policies,
etc. to attract this age group?
Answer: The first step in attracting the best and brightest candidates of any age, including millennials, is to ensure that your employer brand is compelling. Tell your company’s story and
show applicants your unique value proposition. Studies show that millennials want to learn about the company’s culture prior to applying and expect an application...
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PTO Use During Mandatory Shutdown
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Question:
Can we require employees to use their earned PTO during a mandatory shutdown? Do H1B visa holders have any rights specific to the visa that allows them to refuse to use
PTO as required by the employer?
Answer: In answer to your first question, yes — an employer may require that employees use earned paid time off (PTO) during a mandatory shutdown as vacation and/or PTO is not an entitlement,
rather, it is an employee benefit provided to the employee by the employer. Importantly, if you require employees to use their paid time off benefits, this requirement must be applied consistently and without discrimination...
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Question:
Our employee provides healthcare coverage for her spouse, who is a Medicare recipient, but they are divorcing. Will we need to offer the former spouse COBRA coverage?
Answer: Yes. Upon a qualifying event such as divorce, a qualified beneficiary (regardless of Medicare enrollment), is entitled to be offered continuation coverage under the Consolidated Omnibus
Budget Reconciliation Act (COBRA). The law defines a COBRA-qualified...
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Question:
When should we run background checks of applicants and current employees?
Answer: A best practice is to conduct an applicant background
check after a conditional offer of employment has been made. While it may be legal in some states to perform a background check before the employment offer is made, there are a couple of reasons to avoid this practice. First, if the background check is performed
before the offer is given and results...
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Tipped Employees and Dual Jobs
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Question:
We are a restaurant in Colorado. Our general manager also works as a food server two to three days a week. How should we handle her pay on those days? Can we classify
her as nonexempt, and can she receive tips, participate in a tip pool, etc.?
Answer: Under Colorado’s Wage Order 32, if an employer requires tipped employees to share their tips with other employees who do not customarily and regularly receive tips (such as management
or food preparers), the tip credit towards minimum wage is not applicable and the employer must pay the full minimum wage per hour. Further, under the federal Fair Labor Standards Act (FLSA)...
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