HR Snapshot
WE’VE HIRED SOMEONE TO HELP OUT WITH SOME END-OF-YEAR TASKS, AND THEY’LL BE LEAVING SHORTLY AFTER THE NEW YEAR. CAN WE PAY THEM AS AN INDEPENDENT CONTRACTOR SINCE THE DURATION OF THEIR EMPLOYMENT WILL BE ONLY A HANDFUL OF DAYS? WE WILL BE CONTROLLING THE WORK. Likely not. The IRS, the U.S. Department of Labor, and state agencies have specific criteria for determining who is an employee and who is an independent contractor. These criteria focus on the overall relationship workers have with their employer, with attention to who controls when, where, and how the job gets done, along with who has the opportunity for financial profit or loss. The timespan of employment is not one of those criteria. We recommend you review the criteria in light of what the role will be, but based on what you’ve said, the person hired will probably be an employee. You can learn more about the rules around independent contractors on the HR Support Center.
Answer from Kim, SPHR, SHRM-SCP
CAN WE SHARE EMPLOYEE VACCINATION STATUS WITH MANAGERS SO THEY CAN ENFORCE ANY POLICIES BASED ON THAT INFORMATION, SUCH AS MASKING AND SOCIAL DISTANCING? Yes. Obviously, managers will need this information if they are expected to enforce vaccination-dependent policies, and employers should train them on how they should be enforcing the policies and how and when to escalate issues to HR or a higher level of management. However, you should not share this information any more widely than necessary. Vaccination status is medical information that must be kept confidential. While anonymized information is okay to share widely—e.g., “80% of our employees are vaccinated!”—each employee’s vaccination status should be treated as confidential, even if the fact that they are wearing a mask to work seems to reveal their status publicly.
Answer from Kara, JD, SPHR
EMPLOYEES ARE SPENDING A LOT OF TIME ON THEIR PHONES (SCROLLING SOCIAL MEDIA, BROWSING THE INTERNET, LISTENING TO MUSIC OR PODCASTS). CAN WE PROHIBIT PERSONAL PHONE USE DURING WORK HOURS? Yes, you can limit or prohibit use of personal devices during work hours. Employees can be expected to give their undivided attention to the work you pay them to perform, and if that means phones need to be silenced or put away, you are entitled to make this request. An all-out ban on phone use may not be necessary, however. Periodic mental health breaks can actually improve overall productivity. And if an employee is able to work efficiently and not distract their colleagues while listening to music or a podcast, there’s probably no reason to prohibit them from doing so. However you decide to approach cell phone use during work hours, employees should be allowed to use them during their break and meal periods. This time needs to be truly their own in order to satisfy the requirements of many state laws. Answer from Rachel, SHRM-SC Be sure to outline your expectations in a handbook policy and distribute it to all employees.
SEPTEMBER/OCTOBER 2021 [ 24 ]
