General Business
June 17, 2024
We will be closing our office a few days a week to save on costs. Will salaried, exempt employees receive their full pay during these furlough periods?
Yes, salaried exempt employees should be paid their full weekly pay if they perform work (including simple tasks like checking work email and voicemail) during any designated work hours during the 7-day workweek. Because your goal is to reduce costs, make sure your furlough period covers a full workweek and make sure affected exempt employees understand they should not work during their furlough.
However, non-exempt employees must only be paid for the hours actually worked, so they can take a day or part of a week off without worrying about the impact on their pay.
What can we do about employees who take frequent bathroom breaks?
First, ask yourself if your employees’ bathroom breaks are truly causing a problem. Focus on employee productivity and performance (and compensation issues), not the amount of time they spend in the bathroom. If your employees are doing their jobs and their productivity is not being negatively affected, it’s best to avoid addressing the issue at all.
If your employee’s bathroom breaks are causing problems for productivity, performance, or coverage, you should talk to your employees to find out what’s going on, but keep in mind the following laws may apply:
The Occupational Safety and Health Act requires that employees be allowed to use the toilet when necessary, but employers can impose reasonable restrictions on toilet use and access.
If an employee is pregnant or has a condition related to pregnancy or childbirth, the Pregnant Worker Fairness Act applies.
If an employee has a medical condition that is considered a disability, the Americans with Disabilities Act applies.
If the employee doesn’t cite a health issue, refer to the applicable handbook or company policies to explain expectations and ensure the employee understands that there will be consequences for failing to meet those expectations in the future.
The applicant said they have a disability. What do I need to do?
We encourage you to ask if an accommodation is needed during the application process, but above all, make sure you don’t let this information influence your hiring decision. Under the Americans with Disabilities Act (ADA), employers are required to provide accommodations to applicants with disabilities if necessary to be considered for employment, unless the accommodation would cause an undue hardship. If the applicant does not need an accommodation, continue to focus on the candidate’s skills and abilities that are relevant to the position you are hiring for.
Employers are prohibited from asking about disabilities before offering an applicant a job. As a best practice, employers should ask all applicants, not just those who disclose or appear to have a disability, whether they can perform the essential functions of the job with or without a reasonable accommodation. This can be as simple as adding a question to your job application.
>>NJBIA HR professionals work every day to answer your HR questions and issues. Need help from an HR professional? njbia.org/help
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