Sometimes an employer’s seemingly harmless questions can be extremely problematic. They may violate certain laws or get in the way of a productive and engaged workforce. Below are 10 things you should avoid asking your employees.
#1: "Money is tight. Do you mind working off the clock for a little while? We'll make it up to you later."
Why? Under the Fair Labor Standards Act (FLSA), employers must pay non-exempt employees for all the time they spend working. Employers can't allow these employees to work without getting paid, even if they provide time off in place of payment (a practice prohibited by the FLSA in the private sector and typically referred to as "comp time"). To make sure all work time is properly accounted for, institute timekeeping controls and have a policy that expressly prohibits off-the-clock work.
#2: "Can you work through your lunch?"
Why? Many states require employers to provide rest and/or meal periods to employees. Generally, breaks lasting 20 minutes or less must be paid and if an employee works through their meal period and is not relieved of all duties, he or she must be paid. Failing to provide these breaks can result in penalties. For instance, in California, employers must generally provide non-exempt employees with a 10-minute uninterrupted rest period for every four hours worked and a 30-minute meal period for employees working more than five hours. California employers that fail to provide these breaks must pay the employee one additional hour of pay for each workday the break period is not provided. Check your state law to ensure compliance.
#3: "Can you avoid mentioning your pay raise to co-workers?"
Why? Under Section 7 of the National Labor Relations Act (NLRA), employees have the right to act together to improve wages and working conditions and to discuss wages, benefits, and other terms and conditions of employment, with or without a union. The National Labor Relations Board (NLRB), which enforces the NLRA, and many courts have found that pay confidentiality rules violate Section 7 rights. Additionally, many jurisdictions protect pay transparency, and expressly prohibit employers from preventing their employees from disclosing or discussing their pay or the pay of their coworkers.
#4: "Are you married? Do you have children? Does your spouse work? Are you pregnant? Do you have childcare arrangements?"
Why? Federal and many state laws prohibit employers from discriminating against workers based on pregnancy. Some states also expressly prohibit employers from discrimination on the basis of marital and/or family status. Avoid questions about an individual's pregnancy, intentions regarding pregnancy, or whether they're married or have children. If you want to confirm whether an applicant can meet certain work hours, overtime, or travel requirements, simply state these requirements and ask if they can meet them. If you do ask this question, be consistent and ask it of all applicants/employees, not just females.
#5: "Can I have the login information for your social media account? Can you add me as a friend on social media?"
Why? Many states prohibit employers from asking applicants or employees for log-in information for their personal social media accounts, and some also prohibit employers/supervisors from asking to be added as a "friend" on social media. Even if these requirements do not apply to you, it's best to avoid checking an applicant or employee's social media profile since it may reveal information that cannot be used in the employment process, such as their age, religion, or political affiliation.