5 Hot HR Questions Your Business May Need to Address

The world of human resources (HR) is constantly in flux, and employers need to understand and adapt quickly to labor law and policy changes. Our HR consultants frequently receive questions from business owners about how to implement procedures and address issues that are not only compliant but also help maintain good employee morale. Here are five questions we’ve recently needed to discuss with our HR clients.

Question #1: Can we ask applicants to share their pronouns on our job application?

In general, yes. There are some things to consider.

First, the question should be optional and clearly stated as such on the application. Second, if you ask for pronouns on the application, screeners and interviewers should use them. Your workplace culture won’t come across as authentic or inclusive if the applicant’s stated pronouns are disregarded. Third, ensure that those making hiring recommendations or decisions understand that a candidate’s choice to identify or not identify their pronouns and the pronouns they choose should not be figured into the hiring decision.

Collecting this information could lead to a discrimination claim if an applicant believed they were excluded because of their gender identity.

Question #2: Can we ask applicants about their immigration status?

No, you shouldn’t ask applicants about their immigration status — for example, whether they are citizens, naturalized citizens, lawful permanent residents, or refugees. Asking about applicants’ immigration status (or any protected class) could lead to discrimination claims in the following ways:

1. You ask and then intentionally use the information in your hiring decision (illegal)
2. You ask and then unintentionally use the information in your hiring decision, likely because of unconscious bias (also illegal)
3. You ask and do not use the information, but the applicant believes the information was a factor in your hiring decision (not illegal, but it could still lead to legal drama and expense)

You can ask questions about an applicant’s lawful ability to work in the United States or their potential need for sponsorship. For example, you could ask, “Are you legally authorized to work in the United States?” or “Do you now or will you in the future require employer sponsorship?”.

If you ask either of these questions, do so for all candidates and not just for those you suspect might need visa sponsorship or who may not be obviously eligible to work in the United States. To ensure consistency, you can add these questions to your job application or screening questions.

Question #3: An employee worked unauthorized overtime. Do we have to pay them time and a half for these hours?

Yes. Any overtime worked by nonexempt employees must be compensated, regardless of whether the overtime was authorized. We recommend communicating with the employee about work expectations outside of their scheduled workday, clarifying that the company does not expect or permit employees to work unauthorized time and that working without permission is subject to disciplinary action.

Assuming you have a policy that requires overtime to be authorized ahead of time, you can (and should) discipline employees for working unauthorized overtime, just as you would for any other policy violation. An oral or written warning may suffice for the first offense. Repeated offenses may warrant further corrective action, up to and including termination.

Question #4: What is progressive discipline?

Progressive discipline is a process for addressing performance or behavioral issues with corrective action. Instead of immediately demoting, suspending, or terminating an employee who messes up, you remind them of your policies, give them a chance to do better and explain the consequences if they don’t. The process usually begins with a relatively informal conversation to address the issue (which would generally count as the “oral warning”) before moving on to a series of written warnings (e.g., first, second, final) followed by termination if the warnings don’t correct the issue.

Following the same steps consistently for similar situations can help reduce the likelihood of discrimination. However, note that progressive discipline isn’t appropriate for every infraction. Violations like theft, egregious harassment, or assault, for instance, might warrant immediate termination even on the first offense.

Question #5: What should we include in an attendance policy?

Generally, an attendance policy should outline your attendance expectations, the procedures your employees should follow if they’re going to be late or absent, and the consequences when your policy isn’t followed.

Your expectations should include how you define being on time and what you consider tardy or absent. This section of your policy might say, “You are expected to arrive at the workplace on time and ready to perform your job.”

The procedures section of the policy tells employees what they should do in the event of a planned or unplanned absence when they need to arrive late or leave early or if an emergency arises and they aren’t able to notify you ahead of time. It could include instructions on whom to notify (e.g., one’s manager) and when to notify them (e.g., two hours before an unplanned absence).

The consequences section explains what happens when employees don’t follow your policy. “Failure to comply with this policy may result in disciplinary action, up to and including termination” is a typical line. You should also note how many days of unexcused absence, or no-call no-show, will constitute voluntary resignation on the part of the employee.

Need Help with Other HR Questions?

If you don’t have the HR resources to keep up with labor laws and implement policies that will improve employee morale, GTM’s experts can help you fill in those gaps. Whether you need consistent HR assistance or occasional check-ups, we’ll customize a plan that works for your business and your employees. An HR audit is a good place to start – we’ll provide an unbiased assessment of your current HR policies and procedures, with recommendations to identify and remedy any possible exposure. Fill out the brief form below to learn more.