WT

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WT
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  • There are seasons in life when we receive and seasons we are called on to give. Both are necessary and good as it is all part of life. I will try to give faithfully and not count the cost.
    in Goodbye Comment by WT February 2007
  • I do enjoy fishing and hope to do some. We are the sandwich generation squeezed between needy children and parents. My mother needs a good deal of care and is getting almost to the crisis point. That is the immediate issue. I hope the fishing ki…
    in Goodbye Comment by WT January 2007
  • If guns are the issue, the city of Erie, PA is being sued by the federal govt. Their crime is requiring potential police officers to demonstrate strength and agility and after such a test, the officer must hold a handgun out at arms length by turns…
  • I believe you will find that the blind hunter must have a seeing hunter along with as a guide. This is really no more extreme than expecting an employer to hire a full time reader so a blind person can be employed.
  • I hate to seem dated, but I wear a coat and tie to work every day. Any shirt is OK as long as it is a white dress shirt. My male employees sometimes get a little sloppy but they are never the problem of the females. Most employers are so tired of…
  • We have a 24 hour operation and one employee had a hard time coming in on Saturday morning. He was late repeatedly. He would be late and the on duty worker would have to stay over. We warned him and went through all progressive discipline. He di…
  • There are some real good ones here but not my personal favorite. We have a lot of what we call lunch room lawyers here and they will tell you that virtually everything HR does is illegal. The only reason we are not stopped is because the union is …
  • This is a small town, and I know many of the other employers. They might call and I may very well give them a candid reference on a former employee. We are also small enough here so that I know each and every employee. If an employee goes off out…
  • As a general rule, an employee must work over 40 hours in a given week to get overtime under FLSA. Vacation time, holidays, or other paid time off does not contribute to this total. Why not pay the 8 hours for time worked and the 8 hours holiday p…
  • It does not matter how you calculate time as long as you are consistent. In other words, if a certain method costs the employer overtime one week but does not pay it the next due to how the shifts fall, that is OK. However, if you change it to you…
    in Shift overlaps Comment by WT July 2004
  • Essentially the overtime rate must be calculated upon all remuneration received in the given pay period. This would include such things as shift differential or even bonuses.
  • I am aware of a small employer in the area having a policy against disclosure of rates of pay. They did discipline an employee for disclosure and she ran to the NLRB. The Board came after this rather small employer on the basis of protected activi…
  • You are skipping the first point which is mandatory meetings. The employer has every right to require an employee to attend a meeting on paid time. If they then refuse, it is insubordination and progressive discipline should follow. As far as the…
  • As a general rule, exempt employees do not get paid for hours worked over 40 in a given week. The flip side of this is that they are paid regardless of quantity or quality of work. Some municipalities have been taken to court over impermissible do…
  • My employer (a public utility) does not permit accrual of sick leave, vacation, holidays, or similar items when an employee is out on unpaid leave. Accruals do continue during paid leave.
  • There are some assumptions here that should be looked at. It is my understanding that if an employee PAYS FOR disability coverage then such coverage need not be taxed (except for social security). If a proportion of the coverage is paid for by the…
  • I am not aware of any obligation to bill COBRA continuees. Once they have COBRA coverage, they are expected to send the premium in on a monthly basis. If paperwork got lost in the shuffle of a change, they should still have sent in their payments.…
  • Many employers are self insured. Thus, they are the plan administrator because it is their plan. A plan administrator would have to have authority to make coverage decisions, interprete the plan, and have some sort of appeals process if the client…
  • We do permit sick leave days to accumulate but vacation must be used up each year or it is deleted at the end of the year. Vacation may only be carried over by special permission from the General Manager and there must be some good reason (a big tr…
  • Send the COBRA letter out as soon as you want to do so. Address the letter to the employee and family. Get a certificate of mailing (not a registered letter) to prove it was mailed first class mail. The qualifying event is the resignation and sub…
  • To speak to your COBRA question, a person is entitled to COBRA coverage if they lose coverage through a qualifying event. Such events are well defined and include leaving employment, reduction in hours, death of employee, divorce or legal separatio…
  • I read a rather interesting case along these lines recently. A nurse had difficulty with her supervisor and got a doctor to let her off on FMLA leave for job induced stress. She also moonlighted at another facility as (you guessed it) a nurse. Sh…
    in Abuse? Comment by WT November 2004
  • I have seen a similar case where benefits were denied. The argument ran that being a victem of a crime was not of and in the course of duties but rather a risk all people take at any location. In that case, the crime happened at the work site late…
  • Just a note for future consideration. We require all injuries at work to be reported on the day of the injury. Our policy also states that sometimes a person may do something and not think it important but experience considerable pain that evening…
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-20-04 AT 07:03AM (CST)[/font][br][br]Most Workers' Compensation laws have anti-discrimination provisions. I do not know what is written in your particular state law. The object is simple. If worker…
  • I understand what Don is saying but the logic runs as follows: If you cannot do all of your duties, your fellow workers are picking them up while you heal up. Duties not done would tend to be the more strenuous duties. Why then would we work you …
  • Can you stand one more post on this issue? We use a two pronged approach to light duty. If an employee can perform some of the job functions, but not all, then we modify the job as long as the employee can be productive for an 8 hour day. They ar…
  • In New York, there is a seven day waiting period before workers comp payments start. After 14 days off, comp goes back to day one and picks up all the time. The employee must go to a doctor to get any reports out to the comp carrier. If not, ther…
  • Do not create a "make work" job for an employee that really does not exist. Look for a job where he can be productive for 8 hours a day. If the employee has 25 years of experience, he may well know better than you do about what he could or could n…
  • Usually work done of and in the course of job duties is held to covered by compensation if an accident occurs. This could even happen at a company sponsored picnic during athletic events (even though nobody is being paid) particularly if employees …