stilldazed
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Are the wages being reported on 1099 actually wages, or are they payments on a contract basis or for some other tangible benefit to an employee? Are the $$ reported as wages to SSA & IRS, ultimately showing up on the individual's W2?
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Agree with Linda. Unless you have let her juggle her jobs in the past, stick with the Dr. stmt. If it says she must limit her working to 40 hours/week and she works 37/week with you, presume she can work the 37. If she can't perform her job dutie…
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We're still planning to give increases and expect to keep them at 2% or less.
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Sounds like an noble gesture, and I think you're right if your hunch is that it could be an administrative nightmare. I've had experience with something similar; however, it was managed differently. There was no clear one week off to work with a c…
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Weapons at work is a hot issue in HR right now around the country. I happen to be working on a special project RE: the topic and have done considerable research. I would first ask the state you are in and whether your state has recently passed gun…
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Appreciate the feedback, and the learning opportunity. I'll check it out. Tks,
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That's my hunch as well. The boss sounds like an excuse maker instead of a problem solver.
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I looked briefly in my references and didn't find anything about a federal requirement to pay on a specific schedule. I did find the following in one reference: "There is no federal law that sets out how often or in what form employers must pay wa…
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You do have two options, the weighted average or 1 1/2 times the higher rate for the hours over 40 in the week. You do not have the option to pay 1 1/2 times the lower rate. Some employers choose to pay OT for hours over 8 in a single day, but man…
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We happen to pay a day early, but we're in Florida. There is no federal law that would require you to pay a day early, so it must be state specific. Is your employer a public employer, or is there a collective bargaining contract?
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Same for us. The calculations are done by the court, and multiple deduction values are presented to match every available pay scheduled (biweekly, weekly, monthly, etc). Did the one you have come from a court? I have seen a couple come through …
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I have just been reseaching this issue myself. Obviously, other forumites have clarified that a key question is whether the training is voluntary or mandatory. Voluntary is not compensable. Mandatory can be but is not always. A key factor with t…
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If the reduction in hours results in a loss of pay, the person will probably be awarded unemployment benefits since the cut in hours will be interpreted as a form of lay off. So, is the plan also to cut the person's salary?
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We have a similar position in a similar not-for-profit industry and do not provide the incentive of bonuses. In trying to think through the logic of adding the incentive, a concern I would have would be in the area of sacrificing quality for quanti…
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FLSA looks at each work week separately, and there are situations where an employee can be exempt, salaried, or non exempt one week and different another week. I have never seen one, but I have read it in textbooks. Would I try it? No way, at lea…
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Your friend's state will dictate how promptly to make pay corrections. If not, company policy certainly will. We have a tendancy to bend over backwards, and because payroll doesn't actually close until a few days after paychecks are issued, we t…
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I think the Kraft case is because of the PPE requirement in a work environment that probably (hopefully) requires a fairly sterile food prep setting. That would be different than a setting where no PPE, changing of clothes, exposures to hazardous m…
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There was a case at Miami International Airport where construction workers had to ride a bus to a job site that was within a secured area of the airport (Bonilla v. Baker Concrete Construction (May 30, 2007). Not sure that 's the case, but the is…
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We call all of increases 'merit,' and we don't have an option for the extra increase for outstanding performance. Many of our workers call our raises inadequately, cheap, piddly, hardly worth the effort . . .. Times are tough. I checked 'except…
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If your state's DOL office is helpful, and most of them are these days, you can make a call to your nearest office. If you are really good at discerning guidance and have a lot of confidence in doing so, turn to dol.gov. If you want an expensive a…
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Docking under a PTO policy is separate from the salaried basis. As long as the exempt salary is not docked in $$ for the day, the exemption should not be effected. In the PTO situation, what is being docked is hours from a bank of hours. best wi…
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Focus less on their job titles and more on the tasks they actually perform. If they are given independent discretion to use the skills they learned in engineering school to design, create, and find solutions, they may satisfy the exemption. If the…
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Ditto on that last paragraph, and all the more reason to have some kind of plan/policy in place.
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In case you don't have policies outlining how pay increases should be administered, now might also be a good time to considering putting something in place. Disparate pay practices probably upset more workers than anything other part of employee r…
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We probably have as many shifts as any employer can have, and then some. As a response to some employee complaints about gas prices, we have added the option for a 4/10 schedule vs 5/8 in limited situations where sufficient back up is available to …
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Thanks for the rest of the story. The whole thing makes a whole lot more sense now.
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I also agree with the others. Without knowing all the details, I think you have an employee situation. You have also agreed that your company will treat the individual as an employee. So, what are the cost issues to be decided? You either have a…
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I think you have an employer. Otherwise, you may have a conflict of interest with an employee running a private business within your organization that is benefiting your employer. There are multiple definitions of independent contractor dependin…
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We have Sun to Sat 2-wk payperiods and are paid on the following Friday, like you do. Exempts and nonexempts complete timesheets. Exempts report absences on their timesheets. We pay everyone on the same schedule. I agree with Nae. I think your …
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It is always difficult to say with absolute certainty in employment issues, especially regarding discrimination, but as long as the decision is consistent with business need, applies equally to all members of a job class or category, and continues t…