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    Employee Relations #1

    QUESTION: A new employee has just joined our company this week. The two other people in the three- person department where he is working are taking offense to the “cigarette odor”.  They are non-smokers and, evidently, he does smoke. The supervisor wants to give him the option of not having a cigarette odor or being […]

    Employee Relations #2

    Question: Bob, I noticed the question and your response about an employee who smells of smoke. My question is similar. We have an employee who our managing director constantly complains about. He complains that the employee has Body Odor. I do not smell it and neither do my peers but the managing director does and insists […]

    Employment

    Question: We are hiring for a mechanic and a very qualified candidate came in to fill out the application, the receptionist stated after he left that he smelt like he was drinking, however I did not smell alcohol on him. We called him back a couple of days later for a second interview with the Fleet […]

    Vacation Pay Upon Termination #1

    Question: If an exempt employee is terminated (voluntary or involuntary), is the Employer required to pay out any unused PTO accrual on his/her last check? From: Lou INDUSTRY: UNKNOWN RESPONSE: Lou, I see that your telephone number area code is 305 which means that you are in South Florida.  If the employee in question is also […]

    Vacation Pay Upon Termination #2

    QUESTION: If our employee handbook states the employee is to give two weeks notice prior to resignation but instead gives less than the stated notice, do we have to pay them vacation pay in their final paycheck?  Thank you. FROM:  DIANE INDUSTRY: NON-PROFIT RESPONSE: Diane, In the state of Florida, you are not required to […]

    I-9 Forms and Pictures in Personnel Files

    QUESTION: I was told that I should not keep a copy of an employee’s picture ID in his employment folder. Is this true? Also we have a lot of immigrants that work for our second company and I was told to keep their I-9’s in a separate file. Should I keep their ID’s in that […]

    Independent Contractors

    Question: I heard that if a company has a Contractor doing work for them that they “can not”/ “should not” have them setup on the company’s Direct Deposit. Is this true? From: Robert INDUSTRY: UNKNOWN RESPONSE Robert, Many businesses pay their vendors through direct deposit into a bank account, so this is not necessarily something that cannot […]

    Recordkeeping

    QUESTION: How long should applications of people you did not interview be retained?  What about for candidates you did interview but not hire?  What about EEO Self Identification forms? FROM:   MAGGIE INDUSTRY:  NON-PROFIT RESPONSE: Maggie, If you receive funding coming from the Federal government, you should keep applications and the self-identification forms for a year. […]

    Paid Time Off

    Question: Hello Bob, I work for an IT staffing company. Our contractors are W2 employees and are offered benefits, but no PTO time. The length of assignments varies depending upon the project. They are paid on an hourly basis for all hours worked – enabling us to invoice the client based on the total hours worked. […]

    Equal Employment Opportunity

    Question: Bob, do you have and/or can you direct me to recent stats for employment law litigation $ awards? I want to use this in training, to impress managers with $ that lawsuits could cost them. Please, and thank you. FROM: SHARON INDUSTRY: UNKNOWN RESPONSE Sharon, I just read something on this the other day. Basically, […]

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    What Our Clients Are Saying

    You have provided assistance on so many topics – performance management, updating policies, job description and federal reporting.  I just wanted to reach out and thank you. We are so grateful to you and your team for the countless hours of support you have provided our organization.
    Tiffany Blackstone Hamrick, Vice President of Human Resources, Easter Seals Florida