Management Discipline

System

Has anyone given management a suspension for breaching confidentiality--employee or customer?
What was the duration? Do you think it is permissable under the new regs.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 05-13-04 AT 08:17AM (CST)[/font][br][br]The new regs don't have any effect on suspending an employee. An exempt employee generally cannot be suspended for less than five days without jeopardizing his exemption, unless the violation was a major safety violation.

(edit) This is going to be my mistake for the year. I stand corrected. See the next post. x:-)

Crout

Not so fast with your apology, Don. The new regs are not yet in place, so the old way of doing things is the way to go.

sonny

Actually, I was just reading my employment law letter and saw this . ."The final regulations allow employers to suspend exempt employees for workplace misconduct without pay in one-day increments" ?

I personally have not dealt with a suspension for breaching of confidentialty, but would not hesitate to do so. Depending on your line of work and the severity of the breach I would not rule out firing. Duration should be based on severity. .can't comment without more details.

Rockie

Hi! I was wondering if the "final, final regulations" are published and where one can get a copy. I have heard you can suspend salaried employees in one day increments, I've heard, no, you still aren't allowed to suspend for less than five days. I know the "old regs" pretty well, but all the conflicting information on the "new" regs is confusing.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 05-13-04 AT 09:25AM (CST)[/font][br][br]The Fairpay regs will allow for suspending salaried exempt employees in increments of one full day.

The new provision -- 541.602(b)(5) -- reads:

"(5)Deductions from pay of exempt employees may be made for unpaid disciplinary suspensions of one or more full days imposed in good faith for infractions of workplace conduct rules. Such suspensions must be imposed pursuant to a written policy applicable to all employees. Thus, for example, an employer may suspend an exempt employee without pay for three days for violating a generally applicable written policy prohibiting sexual harassment. Similarly, an employer may suspend an exempt employee without pay for twelve days for violating a generally applicable written policy prohibiting workplace violence."

The current rule that allows for penalties for violations of major safety rules will still be in effect. The difference in wording between that rule and the added rule appears to be that the current rule -- violations for major safety violations -- seems to allow for more than just unpaid suspensions as penalties [a fine perhaps?].

If you want a cpy fo the Fairpay rules, go to the US DOL website, [url]www.dol.gov[/url] and click on "Regulations" under the "Fairpay Resources" on the DOL Homepage.