When is it appropriate to use a performance improvement plan (PIP) as opposed to a disciplinary action notice or a record of employee conversation?

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Performance improvement plans (PIPs) are best suited for performance issues, such as an employee not hitting their required sales goals or failing to complete projects on time. PIPs are put in place for a pre-determined period (often 90—120 days) and involve regular meetings to evaluate the employee’s progress. At the…

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Can I ask an employee if she’s pregnant?

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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…

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Reminder: EEO-1 Is Due by March 31

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The Equal Employment Opportunity Commission (EEOC) requires certain employers to submit a report categorizing their employees by race or ethnicity, gender, and job category. This demographic survey, called the EEO-1, is due by March 31. All employers with 100 or more employees are required to file this report. Employers also…

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DOL Test for Unpaid Interns

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The Department of Labor (DOL) recently adopted a new test for unpaid interns. Employers should use this test—called the primary beneficiary test—when determining if a worker can be properly classified as an unpaid intern or if they need to be classified as an employee and paid minimum wage and overtime….

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