Is That True or Legal?
As a Human Resources Consultant that works primarily with small
businesses who have less than 100 employees, I am typically asked
a series of the same questions. Many times, employers are quite
surprised by my answers. Please take a minute and review the
list of statements below. If you do not know, or have any questions
about the correct answer, please do not hesitate to contact me.
A few of these statements are South Carolina specific however
the majority apply to all employers in all States.
- Since South Carolina is a “Right To Work” State,
that means that I can fire an employee at will.
- Is it legal in South Carolina to work employees a straight
8 hours with no breaks and no lunch periods?
- An employer has a company policy which states that employees
are not allowed to discuss their wages and benefits with other
employees because such information is considered confidential.
A manager walks by a group of employees and overhears them
openly discussing and comparing their salaries. The manager
terminates them for violating company policy. Is that legal?
- An employer and his employee both agree that whenever the
employee works overtime (more than 40 hours in one week), the
employee may take time equal to the overtime hours worked off
the following week as paid “comp” time so that
it equals out and no overtime needs to be paid. Is that legal?
- Is it OK to have a work rule or policy which bars employees
from using social media to make negative comments about coworkers,
the company or management?
- Since South Carolina is an “Employment At Will” State,
that means that an employer can hire or fire anyone at any
time for any reason.
- If you pay an employee on a salaried basis, it means that
you never have to pay overtime to that individual even if he/she
works more than 40 hours within one week. Is that legal?
- Small businesses which have less than 5 employees do not
have to comply with most employment laws.
- All employers must report all newly hired employees to their
State Department of Social Services.
- Is it OK to ask applicants about their criminal arrest or
- Anyone can be classified as an “Independent Contractor”/1099
- Is it OK to automatically mandate a drug screen for any
employee who has a work related injury?
A company’s best defense against the potential expense
and aggravation related to federal or state law violations is
to proactively review and revise as needed all Human Resources
policies, handbooks, hiring procedures, compensation, benefits,
training programs, communications tools and other functions.
The professionals of PHHR are ready to assist your organization
with this type of training as well as to maintain compliance
with the latest state and federal mandates.
Paul Hilton Human Resources Consulting works with our clients to insure that all required documentation is correct and sufficient to successfully defend against a claim to any unemployment compensation commission.
|For assistance with any Human Resources related questions or other
issues, please Contact Us.
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