Microwaving Food in the Breakroom, Menopause, and Summer Interns

Can I set restrictions on what foods employees heat up in the break room? What happened and how it could have been avoided, psychopathy set aside.

Question: I’m getting complaints about different employees reheating food that makes our break room stink, and frankly, sometimes it stinks up the entire practice. Is it okay to make a “no smelly foods” policy for all employees to follow?

The legal side: While it may be tempting to create a list of prohibited foods, that’s usually not the best approach. The reason is that banning certain foods could create an appearance of discrimination based on the foods’ ethnic nature. We know it sounds like a silly warning, but we are HR, and we have a better solution.

You can set reasonable expectations for shared spaces, but the policy should be specific to the smell rather than focusing on the actual food. For example, a rule asking employees to be considerate of foods with strong or lingering odors is generally a better approach than listing specific dishes that are not allowed. By doing so, you are better able to address the subjectivity of the issues. What smells bad to one person may not offend another. 

As always, consistency is important. If you address one employee’s curry but ignore another employee’s amazing-smelling lasagna, you might find two employees drawing on one another. (By the way, if that happens, someone needs to get fired, wait, bad choice of words, we mean terminated, no wait again! Just call us, we will help.) 

The point is, you need a general policy that addresses smells, their impact on others, and the practice. Most of our readers work in small spaces, where smells end up everywhere. 

The human side: We understand that overpowering odors can be upsetting to others in a shared space. At the same time, food is personal. It’s tied to culture, family, and comfort, so these conversations can become more sensitive than employers expect. We swear, this complaint is one we hear all the time.

Rather than policing specific meals, focus on courtesy and shared responsibility. A simple policy reminding everyone to be mindful of how their choices affect coworkers and patients is often enough to solve the problem. And this doesn’t apply to just food. You could have the same conversation if you received complaints about strong perfumes, cigarette smoke, and other stinky things. 

We have a Physical Therapy practice who puts their microwave on a little cart that rolls out the back door. That way, when people use it, the smells stay outside. We did not ask them what they do when it rains.

Lunch doesn’t need to become a workplace threat-level one event. Keep the discussion focused on creating a comfortable environment for everyone. If you continue receiving complaints or the situation escalates, point to the life-saving policy CEDR will create for you and enforce it.

Do I have to accommodate employees going through menopause?

Question: She has been late several times over the past couple of months, which is not ideal, as we are a small team, and her lateness causes delays and issues for the practice and our patients. The rest of the team is a little bit exasperated too. Yesterday, I pulled her aside to discuss being late again, and she pointed to menopause and having a lot of trouble sleeping. She came back later to ask for a schedule change and permission to come in two hours later. My question is, is this now a medical request or a thing, and do I have to accommodate it?

The legal side: Menopause itself is not currently a standalone protected category under federal law, but many states often have disability laws that are more employee-friendly. For example, Rhode Island just became the first state to outright prohibit discrimination and require accommodations for symptoms of menopause. So, as we always say, even though the feds may not have a rule that applies to you, your state or county may.

But hang on… there is more.

Your next question is whether the employee’s symptoms constitute a “thing” (a medical condition) that may qualify for protection under the federal Americans with Disabilities Act (ADA) or similar state laws (which are typically more generous than federal law). Medical conditions don’t automatically qualify, but symptoms can sometimes be severe enough to constitute a temporary disability. As a CEDR member, we would research your local laws, get the facts from you, and we may then recommend that you engage in the interactive process to explore reasonable accommodations. We would help you with a quick training on what to do and the documentation. If you trust the process, we always help you get the best outcome possible.

Note that if you live in a state with a sick leave law, this employee should be allowed to use that time to cover absences related to menopause, even if no accommodation rules apply.

The human side: What if there is no sick leave? No accommodation requirements? Are you required to do anything? Well, no. But this is a great example of where the human side of HR comes in. You don’t have to allow her to set her own hours and wreak havoc on your schedule, but you can support her while she deals with a legitimate health issue.

Even if there aren’t any laws requiring it, start by having a conversation with her about her request. Find out how the proposed schedule will help. Does she need to start later because she’s not sleeping through the night? Is she experiencing fatigue throughout the shift? Is there something her doctor might recommend to help? If accommodating her late arrivals would significantly improve her reliability, it may be worth considering, even if it is not your ideal staffing arrangement. This is especially true if the employee is otherwise good.

Medical accommodation issues and discrimination claims are among the most common topics we see in the Solution Center and can be among the most costly for employers who fail to understand their obligation to engage in the interactive process and follow the proper protocols. It can be time-consuming to do so, but most employers are pleasantly surprised at the outcome when guided through the process.

While Rhode Island may be the only state that has officially passed menopause protections, multiple other states have introduced similar bills, and we expect more are on the way. Now more than ever, it’s essential that employers be aware of local laws and how they apply to their business. CEDR makes this easy by tracking and interpreting the laws for you. Find out how we help keep you compliant.

What are the rules for summer interns?

Question: My practice is new to the area. I’m in my second year of ownership. Last year, our community college, which has a medical training and certification program, asked us to participate in its internship program, and I said yes. I’ve had a couple of requests from local students looking for summer internships, and I like the idea of having extra hands around. I have to be honest, I’m not exactly sure what “train them” will entail, but there is a backlog of administrative tasks they could help us get through while we train them. I feel like there should be some kind of process for allowing an intern to start here, since I’m not actually hiring them? I asked the school, and they said the students pick us from a list and that we do have to fill out some paperwork to confirm they attended the training. They also stated that the students each bring a list of things they need checked off that will help them towards the credits they need to graduate.

The legal side: One of the biggest misconceptions about interns is that because they’re called “interns,” they aren’t employees. 

The first question is whether the internship is primarily benefiting the student or the practice. Generally speaking, the more productive work the intern is doing for your business, the more likely they are to be viewed as an employee who must be paid. The Department of Labor even has a seven-factor balancing test to determine whether someone is an intern or an employee. 

One of the most important factors that employers are often unaware of is that a true internship must focus on education, and is often tied to a bona fide and accredited academic program. 

The big question, as far as pay goes, is whether these students’ tasks will be structured around learning or will they be filling a workforce need?  Or put another way, will they be replacing the work that a paid employee would perform during the course of their day? 

If they will be primarily performing administrative work that benefits the practice, there is a good chance they should be treated as an employee. That means completing the standard hiring paperwork, paying at least the minimum wage, tracking hours, complying with wage-and-hour laws, and following the same onboarding process you would use for any other employee. 

That said, don’t assume that an internship tied to a school program is unpaid. 

The human side: Don’t let the requirements of an internship scare you away. Internships can be a great way to introduce someone to your industry and invest in students. If you want to offer a true internship, customize the experience this way. The students should spend time observing, learning, asking questions, and gaining exposure to different aspects of the business. They can still participate in projects designed to teach them about the business or rotate through different departments to get a well-rounded experience.

But if what you truly want is that extra set of hands to help tackle administrative tasks or assist with day-to-day operations, chances are you’re looking at an employee. That’s not necessarily a bad thing. If it’s within your budget, you could still offer positions to these students. You’ll get the extra help, and they’ll gain (paid) workplace experience. 

Before bringing anyone on board, take the time to determine which category fits your situation. It will make the onboarding process much clearer and help ensure you’re setting both the student and your practice up for success.

Extra Credit Reading: CEDR Two-Minute Trainer: Student Interns 

Extra Credit Listening: Episode 106: All Things Internships