Brad Forrister
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- Brad Forrister
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The records retention period for wage & payroll records is three years for some agencies and four for others, so you should toss anything older than four years. The bigger question, I think, is whether you need to keep this stuff at all. If yo…
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We've considered this a couple of times in the past and were deterred for one reason or another. It does seem to dovetail with the other compliance needs we're trying to meet. We'll look at it again. Brad Forrister VP/Content M. Lee Smith Publi…
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There's no federal law change that prohibits you from making copies of the card. FACTA governs security and disposal of certain records you keep if you get them from a consumer reporting agency, but I don't think it would apply to a card offered to…
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There's a fairly complete telecommuting policy in the subscribers' area. Just click on the Sample Policies & Procedures link. Brad Forrister VP/Content M. Lee Smith Publishers
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There's a pretty simple and barebones policy in the Subscribers Area. Click on: HR Tools :Sample Policies & Procedures Brad Forrister VP/Content M. Lee Smith Publishers
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I think you'd want at least a signed acknowledgement. I've also seen some systems that keep track of which employees have opened the manual on the intranet - even down to how many pages they viewed. Can't guarantee that they read it or understood i…
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I moved your post here and deleted the second version. Welcome aboard! Brad Forrister VP/Content M. Lee Smith Publishers
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No, that would be Montana. Brad Forrister VP/Content M. Lee Smith Publishers
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This is an area that turns on state law. Here's what our 50x50 book says on paycheck deductions in MN: Employers are allowed to make paycheck deductions for claimed indebtedness (including deductions for faulty workmanship, theft, loss, etc.) if t…
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Tennessee law requires most employers to give a lunch break of at least 30 minutes for each shift. You can pay for it, though you don't have to. But I don't think you can get by with a 20 minute break. Brad Forrister VP/Content M. Lee Smith Publi…
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I think Massachusetts is one of the states without a statutory or regulatory impediment to requiring direct deposit. (If you find out differently from the state folks, please let me know.) Brad Forrister VP/Content M. Lee Smith Publishers
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Your instincts are correct. Waivers of overtime rights aren't recognized. I figure the policymakers decided it would be too easy for employers to coerce them. Brad Forrister VP/Content M. Lee Smith Publishers
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I agree with bsa. The STD approval doesn't enter into it, the DUI doesn't enter into it. It's purely a question of whether it's a FMLA-qualifying absence. And you can't apply it retroactively. If it is truly DUI, and if he ends up serving jail…
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"She did not like direct deposit because the casinos in Nevada are famous for offering a free spin on a wheel or a slot that gives spinners a chance at millions." Huh? So she liked putting it in the U.S. Postal Service roulette wheel, just to se…
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I think I'd look at it a little differently. You're not only saying the employee will no longer get overtime. You're also saying the employee is now recognized as having a higher level of responsibility. I wouldn't get locked into letting the amou…
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What about the other two days per week? Could she make up the time then? Of course, if she's truly exempt, she's being paid to do a job, not to be there 35 hours. If she's getting the job done, whether by taking work home or by working part of …
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I would agree with Shadowfax. There's also the fact that, as I read your post, you're actually paying it now, or at least paying 15 extra minutes to cover it. There was a very similar case out of the Ninth Circuit a while back, arising from a me…
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But remember you can have "working supervisors" who are exempt because they retain some of their supervisory responsibilities along with running a press. Brad Forrister Director of Publishing M. Lee Smith Publishers
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I agree with Don's first paragraph. The "needs" assessment you ought to be going through should be whether the employer benefits from the employee's membership and the professional advancement that comes with it. As to the second, I assume "runn…
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Indiana law seems to require payment within 10 days of the performance of the work. See IN 22-2-5-1 (you can access it behind the password if you're a subscriber. So if your system is to pay on Friday for work performed the prior week, I'd say yo…
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A bad debt reserve also helps give the sales force an incentive to make follow-up calls to collect, if that's part of your model. There is a NY statute that regulates when commission payments must be made. It's in Chapter 31 §191. c. Commission s…
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Here's a link: [url]http://www.hrhero.com/employersforum/DCForumID17/920.html[/url] Brad Forrister Director of Publishing M. Lee Smith Publishers
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Colorado is one of those states that requires a lunch break of at least 30 minutes; the regs apply to particular indusries, but it does apply to governmental workers now, I believe. It does not apply to teachers. It's not clear from your post who …
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There are really two questions here - can you have a lunch period of less than 30 minutes if you pay for it, and can you require duties during the lunch period if you pay for it. Federal law doesn't require you to give a lunch break; it just says t…
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Federal law dictates that you pay employees for any work over 40 hours a week. It does not require that you pay time and a half for holiday work unless it's over the 40 hour limit. Many companies do pay extra for holiday work as a matter of compan…
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Don't know how he could get unemployment unless you terminate him, and if you terminate him, he's got a right to sue you for wrongful discharge. There's a statute called the Jury Systems Improvement Act that covers all this for the federal courts. …
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A helpful comparison of the principal changes is at: [url]http://www.dol.gov/_sec/media/speeches/541_Side_By_Side.htm[/url] The full text of the regs can be found at: [url]http://www.dol.gov/esa/regs/fedreg/proposed/main.htm[/url] Brad Forriste…
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Crash, You're right about the hourly rate - that's statutory ($41 with an escalator, now up to $43.58). The statute has a list of other qualifications - things like being engaged in intellectual or creative work requiring discretion and judgment, …
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CTHR is right. You can't delay paying the overtime if it has been reported to you. But as I understand your question, the overtime is recorded on something other than the timeclock. Could you eliminate your problem by eliminating the overtime re…
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I can't find anything specific either. From an employment law standpoint, they should be able to waive meal periods. The requirement under California law that you give a meal period can be waived by the consent of both the employer and employee. …