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HR Quick Take: Borrowing PTO

Q: One of my employees has now exhausted not only the new leave under the FFCRA but also all her PTO time. She wants to “borrow” time from future accruals. Can she do that?...more

The DOL Revisits Compensable Travel Time

In November, the DOL released a few opinion letters answering questions related to employee continuing education (reviewed in “Is Training Time Paid? DOL Reiterates Standard Position”) and ongoing questions involving employee...more

Is Training Time Paid? DOL Reiterates Standard Position

The November 3 opinion letter from the US Department of Labor (DOL) addressed frequently asked questions about employee continuing education. This is particularly important in industries, like healthcare, where the need for...more

HR Quick Take: Employee Biometric Data

Q: We need to implement a new time clock system this year and there are some easy to use ones that use fingerprints, retina scans, or hand scans. I know biometrics are a big issue - does Iowa limit the use of biometric data...more

Reimbursing Employee Remote Work Costs

Working from home continues to bring up new questions employers may not have had to consider before, or at least not on such a wide scale. Both employees and employers are wondering what remote work or telework expenses are...more

Calling an employee a temp doesn't make it so

Staffing and hiring during the pandemic are especially chaotic. Many employers who do not traditionally use temporary staff seek to fill short-term gaps in their workforce or simply want employees for a short time because it...more

HR Quick Take: Short on PTO

Q: I have an exempt employee who was absent from work for three days but only had enough PTO in her bank to cover two and a half days, can I deduct the remaining half day from her wages? A: Yes, pursuant to a wage hour...more

HR Quick Takes: Employee Biometric Data

Q: We need to implement a new time clock system this year and there are some easy to use ones that use fingerprints, retina scans, or hand scans. I know biometrics are a big issue - does Iowa limit the use of biometric data...more

HR Quick Take: Reduced Hours and Unemployment Compensation

Q: If I put my people on partial layoff or reduced weekly hours will they still qualify for unemployment compensation?  A: This isn’t an easy question to answer in Iowa, there is no set hours baseline. Qualification is...more

PTO Payouts in Uncertain Times

One of the issues employers are facing during the COVID-19 pandemic is how to handle PTO payouts. Many PTO plans allowed employees to make an election in 2019 to cash out a certain amount of PTO during 2020....more

Regular Rate - DOL Issues Opinion Letters

Right now, it feels like all COVID-19 all the time and employers are focused on serious issues - what a layoff might look like, what unemployment compensation is available to employees, and how to keep the business...more

HR Quick Takes: FMLA Hours

Q: Is FMLA 480 hours under every circumstance? A: No, the FMLA uses something called the fluctuating work week. If an employee is normally scheduled 40 hours then it’s 480....more

HR Quick Takes: Absenteeism

Q: We have a lot of shift work in a 24/7 industry, and we really struggle with absenteeism. Can I fine employees for failure to show up or to get their own replacement?...more

HR Quick Takes: Garnishments and Severance Payments

Q: We recently terminated an employee and are paying severance for several weeks; however, the employee has a garnishment. Does it come out of the severance payments?...more

HR Quick Takes: Limiting Overtime

Q: An hourly employee has hit 40 hours at noon on Friday, can I send them home to avoid overtime? A: In general, absent a contract or policy that says differently-yes you can send them home....more

Oh The Questions - DOL Opinion Letter re: FMLA leave designation

On March 14 the Department of Labor issued several opinion letters. Of particular concern was FMLA 2019-1-A which addresses designating paid leave as FMLA....more

Who Reads the Instructions Anyway? The Role of Job Descriptions in Limiting Liability

How many times have you heard employment counsel say, “update your job descriptions?” Enough that you dream of updates? Enough that one of my clients commented, “I feel like that’s tattooed on my brain.” ...more

Exempt or Not Exempt - That is the $47,476 Question

The Fair Labor Standards Act (FLSA) is a rule of exceptions. Most employees are covered by the FLSA and must be paid at least minimum wage and overtime for hours worked over forty in a work week unless covered by an...more

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