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Recruiting & Hiring Q&A
2011 Summary
Job Descriptions
Are there any circumstances where I can refuse to hire an individual because of his/her disability?
If a disabled person applies for a job, do I have to choose him or her over other candidates?
Exempt/Nonexempt
May I make deductions from an exempt employee's salary?
Am I required to pay for travel time, and if so can I pay it at a lower rate?
May we deduct from the exempt employee's salary when he/she has no paid time off accrued and takes off a partial day for the employee's own illness or for vacation?
If I put an employee on salary is he exempt from overtime?
Are salaried employees entitled to overtime?
May nonexempt employees volunteer for extra hours without pay?
What are the requirements for the computer professional exemption?
How do unpaid leave requirements differ for exempt, nonexempt employees?
What are the requirements for a salesperson to be exempt?
What would be the advantage of changing a nonexempt employee from an hourly rate to a monthly salary?
When are outside sales staff considered exempt?
What does it mean to be exempt?
An hourly, non-exempt employee whose duties may make him eligible to be classified as an exempt administrative employee, is demanding to be classified as exempt. Are we required to change his classification?
I would like to know if our exempt employees are required to take a meal break in the same manner as hourly/nonexempt employees?
Recruiting
What are the pros and cons of sending job offer letters?
What are the risks of rescinding an offer of employment?
Can I have an applicant complete an I-9?
If I ask applicants to demonstrate their job skills during an interview, am I required to pay them for that time?
Background Checks and Testing
May I run a credit check on a job applicant or an employee?
What must I do when running a credit or background check on an applicant or employee?
May I test applicants or employees to make sure they are up to the job?
May I require employees and applicants to have physical examinations?
Can we require applicants to pay for the cost of a background check as long as we reimburse them once they have worked for us a specific amount of time?
I-9: Verifying Eligibility
What should I do if I find out an employee is not authorized to work in the U.S.?
Is it legal to make copies of the documents an employee presents with the Form I-9?
Do I have to reverify an expired Work Authorization?
May I request certain documents our company wants with the Form I-9, such as driver's license and Social Security card?
What is an employer's liability if an employee provides false documents with the Form I-9?
What is a Form I-9 and when do I have to fill one out?
Am I required to keep I-9 forms for three years or one year?
Do I-9 form changes mean employers need to adjust hiring practices?
How long do we have to complete the I-9 Form?
How long do we wait until an employee brings us a work authorization document?
Some of our I-9 Forms are very old and don’t look so good, since a new I-9 Form came out last year should we just go ahead and have everyone complete a new form?
We have found many I-9 Forms with expired driver’s licenses or U.S. passports, should we have them fill out a new I-9 Form?
Are we required to make and keep copies of documents with the I-9 Form?
How long do we keep I-9 Forms?
What is the proper way to correct a mistake made when copying a Social Security Number to a Form I-9?
Can I have an applicant complete an I-9?
If I hire an employee for two days, must an I-9 be completed?
May we accept a receipt showing that the employee has applied for an extension of an expired work authorization card?
Is there a grace period, such as 90 days, for an employee to bring in a new work authorization document after the original authorization has expired?
How do I determine whether an authorization document that appears to have expired has been extended?
Do I have to recertify documents if an employee changes his/her name after completing the I-9?
Child Labor Laws
Is a parent or guardian who employs his or her child exempt from labor laws?
Who is protected by child labor laws?
Is a work permit required for a 16-year-old high school graduate?
What will happen if I do not comply with child labor laws?
Do minors need permits to work year-round?
What forms do I need to employ a minor and what are the exceptions?
Are there restrictions on the types of work a minor may perform?
Are there any exceptions to the limits on occupations and hours for minors?
Can a person hired for 3-6 months be an unpaid intern or is minimum wage required?
Types of Workers
What can happen to me if I classify someone as an independent contractor, and he is really an employee?
When must I report newly hired employees or independent contractors to the state EDD?
What is the difference between an independent contractor and an employee?
Do I have to report independent contractors to EDD?
Is there a minimum number of hours a part-time employee must work?
Do we have to offer benefits to part-time employees?
Am I obligated to rehire past employees for seasonal positions?
Can a for-profit business make use of unpaid volunteers?
Some of our employees would like their high school kids to work in our office this summer to gain experience. Do we have to pay them?
We’ve had to lay off some employees – are there legal issues if we hire a former employee as an independent contractor?
Can a person hired for 3-6 months be an unpaid intern or is minimum wage required?
May I hire a person as an unpaid intern?
Recordkeeping
Are employees entitled to see and copy their personnel files?
How long do I have to keep resumes and job applications?
What do employers need to update an employee's name change in California?
Can we require that our employees provide us with race and ethnic information?
We hired an employee and now want to rescind the offer. Do we have any liability?
What do I do if my employee says that she lost her driver license and she has no document to present to us to verify?
Getting New Employees Started
What is an EEO-1 Form and who has to file one?
Does a potential new hire have an obligation to tell me she is pregnant before I hire her?
May we have a policy requiring employees to follow certain hygiene practices, such as wearing deodorant or not wearing perfumes or colognes?
Can we tell an employee (our receptionist) who wears very faddish clothing – such as torn t-shirts, bare midriffs – not to wear this type?
Are employee meetings and training sessions considered hours worked?