FAQs

Amplified HR Solutions

Have an HR-related question? We have the answer. Check out these FAQs and give us a call today for more information!

  • What services does Amplified HR Solutions offer? 

    Amplified HR Solutions offers a comprehensive range of human resource services, including HR coaching, training programs, and compliance services. These offerings are designed to support businesses in managing their workforce effectively and maintaining compliance with relevant regulations. 

  • Can I just make everyone a 1099 contractor instead of W2 employees?

    The classification of workers as 1099 contractors or W2 employees depends on specific criteria. The Department of Labor's economic reality test is used to determine the appropriate classification. This test considers factors such as the worker's opportunity for profit or loss, investments made, permanence of the work relationship, degree of control, importance of the work to the employer's business, and the worker's skill and initiative. It's crucial to correctly classify workers to ensure compliance with labor laws and regulations.

  • Can a male employee take Family Medical Leave for two weeks due to the birth of his newborn? 

    Yes, male employees are eligible for Family Medical Leave Act (FMLA) benefits related to the birth of a child. However, this applies only to companies with 50 or more employees within a 75-mile radius. Under FMLA guidelines, both mothers and fathers are entitled to take time off following the birth of a child, provided they meet the eligibility requirements set forth by the act. 

  • Can I offer comp time to my employees instead of paying overtime?

    It's important to distinguish between comp time and flex time. Comp time, which allows employees to accrue 1.5 hours of leave for each overtime hour worked, is only permissible for public-sector employers under the Fair Labor Standards Act (FLSA). Private-sector employers must use flex time, where employees can adjust their work hours within the same workweek to offset extra hours worked. If flex time isn't used within the same workweek, overtime must be paid at 1.5 times the employee's regular rate.

  • How do I address employee performance deficiencies?

    Addressing performance issues requires a structured approach. We recommend following these seven steps: 1) establish a positive tone, 2) describe the performance issue objectively, 3) ensure the employee acknowledges the problem, 4) identify the root causes, 5) involve the employee in developing solutions, 6) motivate the employee by highlighting personal benefits of improvement, and 7) conclude by summarizing the discussion and outlining next steps. This method promotes constructive dialogue and encourages employee engagement in the improvement process.

  • Should I keep the employee's complete Form I-9 in their personnel file?

    For proper record-keeping and compliance, it's advisable to store Form I-9 documents separately from personnel files. We recommend keeping all current and former employees' Form I-9s in a dedicated folder or binder. This practice facilitates easier access for audits and helps maintain the confidentiality of other personnel information.
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