Down_the_Middle
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Hunter1's correct in suggesting that you pay overtime when HOURS WORKED exceed 40 per week. While there's no law to prevent you from paying O/T on non work hours (vac, sick, holiday, etc...)why would you do it??? Being employee owned shouldn't tr…
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Certainly you can have different O/T provisions; especially if you have a bargaining agreement in place. In the absence of such a CBA, I think different O/T provisions lead to finger pointing and polarization among employees. I'd have to be comfor…
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Yup, you're on the right track. Your definition of shift diff sounds just like the shift premium/incentive pay found in FLSA. I've seen this "oversight" more often than you'd think from employers who are large enough "to know better"......... Goo…
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I just had a meeting w/our labor counsel and asked him about this issue. He said my understanding was correct and that while this practice was not illegal (not a FLSA violation), it could offer a minute risk if all other exempt staff were not be tr…
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B/4 I search for the legal opinion and my notes from prior DOL audits, I'm hoping one of our esteemed legal guru's can comment on our "difference of opinion". While we all tend to rely on our own personal experiences and "dance with the girl that b…
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If the employer has a bona-fide policy requiring that leave time be used for partial days, you may pay for partial days when the leave bank is dry...... I've been down this road numerous times with DOL in 3 different states and the same rule applie…
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Short answer is sure! Side note: If you have a bonafide practice of substituting leave time for partial days absences, then once the leave bucket is empty you do not have to continue full salary. You would only pay for time worked until suffici…
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nope.
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The short answer to your 1st question is YES, altho I'm wondering WHY? The Fair Labor Standards Act doesn't address this clock-in procedure, but I can tell you from experience that "the tracking of hours worked for exempt employees will almost cert…
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I wouldn't do anything with this issue. The error was apparently inadvertent, didn't involve a large number of employees and involved minimal dollars. Precedence has no weight when trying to correct an error, so don't worry about any obligation to…
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Bud: The best source for your answer will be your state law. Each state is a little different with regard to how/when paying terminated employees, so i would recommend checking your relevant statute. Illinois, for example, requires immediate payme…
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Some time ago, a colleague of mine chose to treat exempt staff in the same way and 1 day the DOL knocked on his door. At the conclusion of their investigation (which was prompted by an ee complaint), the org was found in violation of FLSA and order…
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I would do nothing for people who no longer work at your organization. Your responsibility ends at the time of their departure.
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Yikes.... I encourage department directors to keep this sort of thing for only 12 months. I've had the issue surface for an EEO compaint (hence the 12 mo time frame), but never beyond that. The actual request for time-off is not nearly as crucial…
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If the company does not have a bona-fide sick leave (illness) program to augment the reduced work hours, I think they're on the hook to pay for partial day attendance. Pay reductions for partial day absences are a problem. Now... they may reclassi…
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I had a visit from an IRS auditor a few weeks ago (for which I'm still taking Zantac) and he confirmed for one of my staff that yearly revisions to the W-4 were not required. Obviously, ee's can make revisions as they deem necessary, but it's not a…
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It is not a legal requirement on the part of the employer.
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For whatever value this may offer--------- I experienced this very same thing years ago, where ee's punched in up to 1 hr early and socialized while waiting for their starting time. A complaint was filed and DOL ruled that the employer's willingnes…
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We use a window of 7 min's prior to start time for employees to punch in and avoid being considered tardy. We had a problem with too many employees unable to punch in within that 14 min window and resorted to addt'l time clock locations to remedy t…
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rescogirl: Do a search on this site for "comp time" and I think you'll be flooded with info that will help you understand that comp time for non-governmental employers is illegal! As far as tracking the time of exempt staff, I don't think there's …
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I've seen very few Exec Asst's that are legitimately exempt. There's more to being exempt than "reporting to an executive". This position is required to use indep judgment and discretionary thinking (which means the freedom to change policy or est…
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I must not be getting the full point, but it seems to me the calculation and the corresponding amount of payback should equal the amount of overpayment. At the risk of being trite, whatever you paid the employee s/b re-paid to zero out the account.…
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I would recommend looking at your state statutes to confirm that this is permissible. Many states view PTO/VAC accrual as wages and require that it be paid accordingly. Offering hardship payments (at a reduced rate) might violate the requirement. …
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HR Beginner: Don't overlook the importance of creating a relationship (networking) with your counter part at other similar org's in your area. The ability to pick up the phone and chat with a peer is invaluable and once you have the relationship es…
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This supervisor is suggesting that he/she can work an addt'l 15-20 hrs/wk and therefore avoid hiring anyone???? Perhaps...... I don't see an FLSA infraction based on what you've stated and it might make more sense to let the suprv pick-up addt'l …
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Sure. Unless you have some contractual agreement with this person for a specific starting time (which is doubtful), you can certainly adjust their work schedule.
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Lisa: I'm not an attorney, but work in LA and can confirm that this is not addressed by LA statute. The FLSA governs what you're talking about. The $27.63/hr threshold only applies to computer people, so don't let that number interfere with your p…
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At the risk of sounding trite........ I'd encourage the Mgr to do what he/she deems necessary to get the work done. As an exempt employee, there would be no addt'l pay .
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Given the fact that the development of your new system is light years behind what this manager is proposing, I think it would be VERY premature to permit him to decrease the rates of pay for those "marginal performers" that have yet to be officially…
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I'm unclear why a new manager is permitted to develop a salary and perf rating system that is different from what the organization is using and it's also unclear about what type of system you currently have for all other employees. While my initial…