santire
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The new overtime regulations make some interesting points on both the questions you ask. Yes, as I point out in the second half of this reply, all employers need to consider rewriting their policies in view of the new regs. As to overtime for exemp…
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Forgive me for not understanding why you refer to shift pay being like salary when the employee is apparently non-exempt. Shift pay is typically an incentive for a non-exempt employee working certain less desirable shifts such as night verses day. …
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A state cannot opt out of FLSA. The state is subject to FLSA both by terms of the statute as well as under the supremacy clause of the U.S. Constitution. The relationship between a state statute and a Federal statute on the same subjects is referred…
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I agree with Don. From the titles and the type of work usually associated with those titles, both positions are probably exempt. Of course, titles don't prevail over the actual duties so the Systems Administrator must fit into one of the exemption…
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Lets assume that the supervisors in both shifts are exempt employees; i.e. they each manage two or more employees on their respective shifts and can hire, fire and promote employees or their recommendation to hire, fire, and promote are given seriou…
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Judy, the basic rule is that overtime is paid over 40 hours in a work week in most states (the exception is California where state law says overtime begins after 8 hours in a single day.) However, because you mention 80 hours in a two week period an…
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Good advice by about not changing the time cards. As to the 7 minute rule, I have seen the reference before to a DOL 7 minute rule yet I have never been able to find any regulatory foundation. If anyone has a reference on this, please post it. As I…
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As an exempt employee you can be required to put in all the time your boss may consider necessary for the job. Not fair, true. Yet on some matters the law does not mandate fairness. However, even in this situation there is some fairness. If your jo…
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If you folks do not have a policy handbook and you believe one won’t be approved for a while, you still need to start developing one right away. If you do not know what your policies are on these matters, how do those 107 employees know? If they do …
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After quite a few years in dealing with employment law I have never come across a situation like you describe. I have never heard of a company expecting people to do work without pay unless the workers are true principals putting in sweat equity fo…
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Please clarify something. You called the employee "salaried." Is the employee exempt or a salaried non-exempt? Makes a big difference.
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You have good reason to feel uneasy. The Fair Labor Standards Act is very clear on this. It is based on a 40 hour work week. The need to pay for those extra hours over 40 at the premium rate of time and a half is the most important aspect of the en…
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The DOL has addressed many cases in the past couple of years involving exempt v. nonexempt status in restaurants, usually finding that the employer was improperly classifying nonexempt as exempt. These have ranged from short order cooks to so-called…
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The advice about rounding up or down is excellent. The DOL will presume that the employee is working and put an almost impossible burden on you to show otherwise. The best approach is to pay based on the appropriate rounding up or down. This does no…
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Hatchetman, as always, makes some excellent points. If she is exempt and she must miss work for a day or two because of the action of the employer, she must be paid for that day even if it is a paid vacation day. One point that needs to be conside…
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Just to make sure we are using the term “comp time” as it is typically used which is to designate time off accumulated in place of pay for time worked. The basic premise of the FLSA is that time worked is time paid, except for the public sector. No…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-29-02 AT 09:09AM (CST)[/font][p]Most important is that you never, ever pay overtime to an exempt employee. That is an absolute rule. I will not go into bonuses, monies that can be paid to exempt emplo…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-29-02 AT 08:19AM (CST)[/font][p]These questions about comp time are always intriguing because unless you are a government organization they are always illegal. To talk about them in the context of exe…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-29-02 AT 08:16AM (CST)[/font][p]Whether employees clock out for lunch or they are subject to an automatic deduct period whereby the company simply assumes each nonexempt employee will take a specified…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-29-02 AT 09:37AM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 03-29-02 AT 09:31 AM (CST)[/font] This question needs clarification. You said you are going to pay exempt employees for a…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-29-02 AT 09:56AM (CST)[/font][p]You need not pay for training time for a nonexempt employees if all of the following four factors exist: First: the training is outside regular working hours (example i…
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Having exempt employees clock in and out whether via a PC system or a classic time clock system is very risky. While it is OK to do so for billing purposes to allocate time such as an engineering firms allocating exempt employee engineering time via…
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The best way to handle the work of a person that is actually the employee of another company and is needed by you on a part time basis is to pay her as a consultant and thereby eliminate the entire question of how to deal with an exempt employee. Th…
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[font size="1" color="#FF0000"]LAST EDITED ON 03-29-02 AT 10:20AM (CST)[/font][p]You are missing nothing. In fact you really have it all together as to the situation you posed and your handling of it. First of all, per the portal to portal act, goin…
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The FLSA basic premise for nonexempt employees is time worked is time paid. The flip side of the premise is that time paid is time worked. The FLSA in no way requires pay for time that is not actually worked any more than it requries the provision o…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-01-02 AT 09:00AM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 04-01-02 AT 07:51 AM (CST)[/font] Two questions here. First as to the relationship between pre-existing condition and ope…
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The above advise to you by Theresa Gegen is very accurate as is appropriate for a member of Andrews & Kurth, a very fine law firm. Let me add just one observation. Any employer needs to pay close attention to HIPAA as concerns privacy, particula…
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The DOL has determined that when computing employee leave amounts, the fact that a holiday occurs within the week taken as FMLA leave has no effect so the full week is counted as a week of FMLA leave. On the other hand, if the employer's business a…
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I may be missing something here. It appears that they wanted you to post a job as available for someone that was on FMLA and then they want you to post that job because the person has applied for FMLA. This whole process seems to be a blatant violat…