In The News

Payroll mistakes happen. After all, you’re human. But what if a data entry error turned into a five-figure overpayment?

As an employer, you do your best to hire honest employees, but you can’t foresee every possible situation. So, if you accidentally overpay someone, it’s reasonable to hope that person will bring it to your attention.

The nightmare situation that follows serves as an important reminder that not all employees will fess up to an undeserved windfall …
and that getting repaid for the mistake may require actions that cost you more in the long run.*

Let’s join “Nightmare Overpayment” on HR Stories from the Frontlines.

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Cindy owns a local fast food restaurant and employs many minor employees. She has never had any issues with employing minors until she hired Hank (who is 16).

Hank regularly reports to work late and, after 5 tardies, Cindy issues a written warning. Hank is immediately apologetic. He signs the written warning and promises that he will work harder to report to work on time.

The next day, Cindy receives a phone call from Hank’s mother, Pamela. She is very upset that she was not contacted before Hank received a written warning. Pamela also accuses Cindy of breaking the law because she asked a minor to sign a written warning. Finally, Pamela informs Cindy that, in the future, she must be present anytime Cindy speaks with her son.

Does Cindy have to comply with Pamela’s demands?

1. Yes, because Hank is a minor and he cannot legally sign a document without a parent present.
2. Maybe, because Hank is a minor, Cindy should at least consult Hank’s parents before taking disciplinary action.
3. No, there is not any obligation to involve Hank’s parents. The employment relationship is with Hank.

View the answer.

Let’s join “HR Stories from the Frontlines” in progress.

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Stella has worked from home as a full-time virtual assistant at AB Virtual Inc. for 2 years. The office from where Stella’s work is assigned is located 85 miles away from her home.

Last week, Stella informed George, her manager, that she is having surgery and needs to take a medical leave of absence for 6 weeks. Stella then asked if she could take FMLA leave.

George is not sure if Stella is eligible for leave because she works from home. He tells Stella that he will get back to her and then approaches the company’s HR Director with Stella’s request.

To be eligible for FMLA leave, Stella must have:

• Worked for the company for 12 months;
• Worked 1,250 hours in the previous 12 months prior to the leave beginning;
• Worked at a site with at least 50 other employees within 75 miles of the worksite.

Is Stella eligible for FMLA?

1. No, Stella’s residence is more than 75 miles away from corporate headquarters.
2. No, remote employees are not eligible to receive FMLA because they work remotely.
3. Maybe, if the company employs more than 50 employees, remote employees are automatically eligible for FMLA.
4. Yes, if the site from which Stella’s work is assigned or the site to which Stella reports employs at least 50 employees within 75 miles of the worksite.

View the answer.