Down_the_Middle
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Depends........ Changes to the FLSA last year permit disciplinary suspensions w/o pay for violations of workplace conduct rules, sexual harasment , workplace violence, etc..... You must have a written policy in place b/4 administering this discip…
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The answer to your question lies in the particular State regulations that govern payment of wages. The verbiage below is an excerpt from Michigan's wage payment statute and is quite clear. All employers are subject to Michigan's wage paymen…
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I know of no benchmark data that'll alert you to the org's capacity to incur overtime. Each org is vastly different. Our annual overtime (large hospital w/satellite services) runs about 3.0% of total salaries. It's within industry norms, altho hi…
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The payroll administrator is generally incorrect. If you are paying for the rest/break time, you're able to define when, where and how..... Permitting employees to leave the org during this "break" is a very poor decision. Gillian3 is correct..…
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3.3% for 2006 is being used.............
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Unless your state mandates a duty-free meal period, you're free to pay for that time.
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I concur with the others------a card played is...
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We offer our nrsg staff this type of premium pay as incentive (from time to time)and include the value of this pay in their overtime. Even if the actual payment of the incentive is deferred (e.g. payable at the end of a 2 mo period); it is factored…
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If the salary has been adjusted to reflect less time needed (presumably not based on actual hrs worked tho), I don't see a problem............
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cwells: I would really question the "exempt" status of anyone working < 2080 hrs for an entire year. While # of hrs worked is not an indicator of exempt status, one must remember that the position has to be unique and complex enuf to become exem…
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Rockie: For what it's worth........... We have 26 physician office practices that are affiliated with the health system and we recruit for all of them. We handle the pre-employment "stuff" similar to what you now do and do not pay anybody for the …
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If they are truly REQUIRED to verify their hours after punching out, then I also think the time is compensable........... Sounds like one of those "then, let's do this" deals which will likely be re-thought.
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The supervisor's use of the "wrong terminology" shouldn't shelter anyone from doing the right thing. I'll bet the promise was made in good-faith and the employee agreed. The ISSUE is with your supervisor, not the employee. The supervisor acted as…
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I'd pay it and be done w/it. The supervisor made an error and in the interest of employee relations, you should honor the promise. The "precedent" is not significant enough to tarnish the org's reputation for not keeping its word............. Re…
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Florida did not have a statute(as of 2004)that regards ETO/PTO/vacation as wages, so if you have a policy or practice that clarifies how accrued, unused time is treated, you s/b ok with your forfeiture requirement. Checking w/Florida's Employment St…
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As of 2004, Florida did NOT have any use-it-or-lose-it statute with ETO/PTO/vacation and in fact was viewed the same as Alabama.......... Don't know about 2005 yet...........
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Well stated, Marc......... You beat me to the punch.
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Hourly and non-exempt...........
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Having your PT exempt staff not working summers is ok as long as the employee does not work any part of their normal work week. Pay them a salary for 9 mos working and let them stay away for the summer w/o pay (cuz they're not working). 2ndly: I d…
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Many states prohibit this sort of thing unless the error was willful. Suggest you check to see what AL provides for a remedy (if any). My guess is that the employer must determine whether to reimburse the customer and then choose to deal with the …
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dynamite's right...... fool me once, shame on you. Fool me twice, shame on me. Pay for the time and then discipline for improper clocking, absence of approval, whatever your policy provides.
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Unless there are other medical facts to support a serious illness (remembering that pregnancy by itself is not a disability), it's vacation to me......
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Many employers have a policy that requires employees to use unused, accrued paid time off (whatever you may call it) and thus, your exempt staff would have their pay continued for those full day absences. In the absence of such a policy you might c…
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evo: Use caution in your pursuit of creative ways to avoid the hit of FLSA. Microsoft learned this lesson the hard way and even tho they weren't dinged for overtime avoidance, there isn't much state or federal tolerance for depriving employees of t…
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The argument of consistency is probably the strongest and most valid basis for whatever you decide to do. As a DOL investigator once told me, "It's far more important to treat employees consistently regarding their exempt status than it is to justi…
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The couple of times I can remember this happening, it was viewed to be acceptable with the employee's consent. There were no state laws that prohibited this and all went well. I'd take it while the tak'in is good.
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It might be easier to answer your question with "how many bolts are on a 747"... Unless the lay-off of the exempt people is based on discriminatory reasons (age, sex, etc...), there's probably nothing illegal with their separation. The fact that t…
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Balloonman's right ....... if you can confirm that the employee was told in advance and understood, then proceed with the disciplinary action. Make sure it's not one of those "well she should've known" deals...... She must be paid for time wo…
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If the spouse did not access any health coverage for that period, you might find it acceptable to call it a wash and treat it as though no payment was ever made. My guess is that it won't be that easy, but.......... It's always difficult getting…
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Marc is absotively, posilutely correct.