Myrna Minkoff
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- Myrna Minkoff
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If you are going to reduce pay in conjunctino with reducing hours, I'd check and make sure that you are still meeting the minimum salary requirement for an exempt employee (I assume the EE is exempt since the post is entitled "salaried"). The DOL c…
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Try this link to the IRS's website [[url]http://www.irs.gov/businesses/small/article/0,,id=99921,00.html][/url]
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It sounds like they fit into the executive exemption. I'm still not sure how your organization is structured, but it sounds as if managing a "team of trades workers" is substantially equivalent to managing a shift. As to the hiring/firing criteria…
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Why do you think the executive exemption is not appropriate?
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The DOL recently issued an opinion letter on salary docking for weather related absences. I haven't read it, but it may be useful to you. [url]http://www.dol.gov/esa/whd/opinion/FLSA/2005/2005_10_28_46_FLSA.pdf[/url]
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Very useful. Thanks!
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The medical certification form you use should contain sufficient information to make an eligibility determination. If it doesn't, you should request additional information through the employee. I'm guessing however that you aren't using a med ce…
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If she's taking FMLA, then you may make deductions for intermittent leave time without affecting the exempt nature of her employment or violating the FLSA. [url]http://www.dol.gov/dol/allcfr/ESA/title_29/Part_825/29CFR825.206.htm[/url]
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You can make deductions for time missed for intermittent FMLA leave. See 29 CFR 825.206
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I would be inclined to say that even if his condition doesn't fall under the ADA your comments and the steps you propose to take would certainly provide him with a good argument that he has been perceived as disabled.
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I agree with the previous posters that this is probably covered by the FMLA, but to answer your specific question as to "who determines what psychological care and comfort is" - the answer is the health care provider. Generally speaking, I think if…
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Give the employee the medical certification form and let the doctor make the decision as to whether it's covered under FMLA.
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I don't think that is correct. There is a presumption under the ADA that someone with HIV is substantially limited in a major life activity. I would recommend that you review the DOJ's Q&A on the ADA and Persons with HIV/AIDs. It states that:…
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HIV is the only condition that I know of that is a per se disability under the ADA. You want to be careful not to make any assumptions about his condition and what he can and cannot do.
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The FMLA is modeled after the FLSA so damages are generally limited to two times back pay. Back pay is generally measured from the date of termination until the time a judgment is entered. Because litigation can take so long, this amount can add u…
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You may want to consider whether you have an FMLA situation.
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I think you should review the FMLA regs - specifically 29 CFR 825.114. One of the circumstances resulting in a serious health condition is an overnight hospital stay, which I assume would probably be necessary for this procedure. Even if hospitali…
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I totally disagree with your response. Under 29 CFR 825.113, a "son or daughter" is defined as either a biological, adopted, or foster child ... or a child of a person standing in loco parentis. Moreover, the regs specifically state that a legal re…
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I don't understand why you think she wouldn't be eligible - the reg is clear that the 12 months need not be consecutive. Based on the original post, the EE worked 14 months, quit for a month and then worked for 9 months - as a result, she meets th…
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I believe that as long as she has worked 1,250 hours in the preceding 12 month period that she is eligible even though she had a break in service. The 12 months need not be consecutive. You may want to review 29 CFR 825.110.
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29 CFR 825.205 addresses the situation of intermittent or reduced leave schedules and specifically discusses the issue of how to count the 12 week period. That said, I agree with the previous poster that it's often easier to utilize the 480 hours f…
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I believe that around a dozen states have legalized some form of medical marijuana. I'm fairly certain that some of those states prohibit employers from terminating employees who test positive for marijuana AND have a "prescription" for marijuana.…
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Whatever you decide to do, you need to make sure that you comply with the Fair Credit Reporting Act. The notification and reporting provisions are very specific.
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There is a lot of information out there relating to HIV and food service - she needs to learn about HIV/AIDS. IMHO she has no responsibility to inquire with the EE as to whether he/she is really HIV+ unless it could potentially impact his/her job d…
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What is your friend's concern? Is it that the EE may be HIV+? If that's the case, then your friend needs to be concerned about regarding the EE as disabled. I think the best thing your friend can do is education him/herself about HIV+. The Cente…
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I couldn't agree more. The ADA was designed specifically to prohibit employers from making assumptions about what things an employee may or may not be able to do because of a disability. Making assumptions about an employee's potential limitations…
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Is the I-766 one of the documents for which a receipt is acceptable? I'd check before you make any decisions about employment. Additionally, I think you can suspend without pay rather than terminate.
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A number of states including MI, IL, CA and NY have laws limiting the use of social security numbers. I've attached a link to guidance provide by the CA Dept. of Consumer Affairs Office of Privacy Protection. [url]http://www.privacy.ca.gov/sheets/…
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You probably need to check applicable KY law to make sure that you can make a deduction, but under federal law I do not believe that you can withhold pay that would result in the employee making less than minimum wage - even with a written agreement…
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I was not aware that you could hold a final paycheck for damaging or failing to return company property - even with a written agreement. Is that not an FLSA violation? Moreover, many states specifically limit the type of deductions that can be mad…