Human Resources FAQ
Listed below are Human Resources frequently asked questions. Feel free to browse our website for more information, or if you have a question we have not addressed, feel free to post it on our Facebook page.
A vacation policy is a contract between employer and employee. The employer has a right to set the amount of vacation accrued per year and the right to determine when employees may take vacations. Employers also have the right to create a policy under which employees do not begin earning vacation immediately upon hire.
Since vacation rights are considered a form of wages, vacation vests as the employee renders services, so an employee earns a portion of the annual vacation each day. The employer has a right to accumulate vacation on an hourly basis or a per pay period basis (flat amount). If employees accrue on a per pay period basis than they would accrue a flat amount (i.e. 5 hours per pay period) for any work performed in a given pay period. Companies with an hourly accrual basis would allow employees to earn vacation based on regular hours worked in a pay period.
Non-Exempt Employee: Generally protected by the FLSA (Federal) and/or State wage and hour laws in the state of employment. Typically, employers are required to pay at least a certain minimum hourly rate and a premium rate for overtime work. They are also a guide for determining which on-the-job hours constitute work, and thus must be compensated.
Training of all individuals in the workplace
All employees must receive from their employers a copy of the DFEH pamphlet “Sexual Harassment is Forbidden by Law” (DFEH-185) or an equivalent document.
All employees should be made aware of the seriousness of violations of the sexual harassment policy. Supervisory personnel should be educated about their specific responsibilities. Rank and file employees should be cautioned against using peer pressure to discourage harassment victims from using the internal grievance procedure.
Employers with 50 or more employees must provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005, and to all new supervisory employees within six months of assuming a supervisory position. There after, covered employers must provide sexual harassment training and education to each supervisory employee once every two years.
The IRS has a 20 Factor Test that should be reviewed.