CAREER COACH
My co-worker has a Jayne Mansfield figure and continually wears plunging necklines, resulting in stares from staff. Can human resources legally advise her to dress more appropriately?
The answer is generally yes. HR can legally have a conversation with an employee about their manner of dress, provided someone isn’t being singled out because of gender, race or religious observance. However, one needs to tread very carefully because unless there is a specific dress code, this conversation is fraught with negative outcomes. Since this is an observation of a co-worker and you aren’t this person’s boss, do you really want to engage in this matter or refer it to HR? Do you have the kind of relationship where you can speak to them privately about how their manner of dress is impacting other colleagues? You’d better be damn close colleagues in order to have that conversation, though, otherwise, this is best left to the boss and HR.
I work on a contract basis and there are times when I’m working overtime, but the company will not approve my time sheet past 40 hours. My agency said I should put in for the OT, but I don’t want to rock the boat. Is this legal? Full disclosure: The department I work in is HR so it would be ironic if they are bending the rules.
Well, the fact that you work in the HR department gives me some confidence that they are following the rules, although it’s not like HR hasn’t failed to protect employee rights now and then. A person’s eligibility for OT depends on the work they are doing, whether they are paid a flat fee, or if they are OT eligible, meaning the company approves the extra hours before they are worked. If you are eligible then by law they have to pay you for those hours. You can and should ask for clarification of your situation. If you are eligible and they won’t authorize the extra pay then you shouldn’t work the extra hours. Keep a detailed log of your hours and who was aware that you worked them. If this is a temporary job, you can also consider raising the issue at the end of the assignment. If they don’t comply with back pay, you will have the facts and law on your side.
Gregory Giangrande has over 25 years of experience as a chief human resources executive and is dedicated to helping New Yorkers get back to work. E-mail your questions to GoToGreg@NYPost.com. Follow Greg on Twitter: @greggiangrande and at GoToGreg.com.