We recommend you not ask an employee if she’s pregnant. Generally, employers may not inquire about an employee's private health information unless an employee has requested an accommodation or leave. It’s understandable that you will need to plan for her absence; however, pressuring her to notify you before she is ready could expose the company to potential liability. Also, employees are under no obligation to inform their employer of a pregnancy. The only exception is if an

Question: Do we have to honor an employee’s two-week notice period? Assuming there is no contract or agreement to the contrary, you’re not required to keep an employee on during their resignation notice period or compensate them for the duration of that period. However, we recommend considering a couple issues before asking an employee not to work during their notice period. First, if you have them leave before their notice period is up and don’t pay them for that time, the r

Question: Does “at-will employment” mean we can terminate without risk? No, termination always comes with some risk, even when the employment is at-will. While at-will employment allows either the employer or the employee to terminate the employment relationship at any time, with or without notice, and with or without cause, it does not permit you to terminate employment based on the employee exercising a legal right or belonging to a protected class (e.g., race, sex, religio

Question: We’re thinking of adding a dress code to our handbook. What should we consider? As with any policy, the big thing to keep in mind is that you’ll have to enforce it consistently and address any violations. In general, I recommend employers consider the following when creating a dress code: Be clear about things you don’t want to see in the workplace. Employees may not know what vague terms like “business casual” mean, so if you don’t want them wearing sandals, shorts

Are Remote Employees Eligible for FMLA? If So, How Is Their Worksite Determined? Remote employees who otherwise qualify will be eligible for FMLA if they report to or receive work assignments from a location that has 50 or more employees within a 75-mile radius. According to the FMLA regulations, the worksite for remote employees is “the site to which they are assigned as their home base, from which their work is assigned, or to which they report.” So, for example, if a remot