Down_the_Middle
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Unless you have a current policy that specifies that the employer can withhold PTO time for questionable absences, I'd suggest paying it to her. Consider it the cost of her discharge. Denying her the paid time will only give her another reason to …
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Your state unemployment laws will define "reduction in hours" and that should help guide you. In a number of states, I know the threshhold is 50%------a reduction in income that is less than 50% would not qualify for unemployment benefits.
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It really becomes your call about how to account for the unpaid meal period. Many employers simply make an automatic deduction from all staff for simplicity and ease of administration. I personally prefer that route cuz it eliminates the "nagging"…
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Be mindful that federal law prohibits discharging and employee becuz of wage garnishments "for a single indebtedness"----meaning that several garnishmentsfor the same debt are protected. Multiple garnishments for several debts is not protected by f…
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Unfortunately the Plant Mgr's sec'y is dabbling in an area that he/she knows little about. Travel during the regular work day IS viewed as hours worked and your example is a classic example of what the law requires. Those travel hours are compensab…
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This strikes me as a very loaded question, but at face value, I'd say you'll have a problem to require an exempt employee to take 1 day off per month w/o pay. This assumes you do not have some type of salary agreement that provides for something li…
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I believe Kentucky IS a "no use it or lose it" state, which means that all acrued vac time must be payable to a person at time of termination or resignation. The issue about whether you can "cut-back" accrued vac becuz employees do not use it in ti…
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Based on the summary of her duties, I don't see any way to legally make this an exempt position. This might rank up there as 1 of the major "wonders of the world", if you choose to make this position exempt....... You're absolutely right in addre…
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Sounds to me like an employer's practice of paying exempt staff w/o needing the timesheet beforehand. Nor sure if its also a CA regulation, but I suspect it's probably 1 employers practice....
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Your suggested method would not violate anything in FLSA as long as you have a bona-fide sick and vacation program that employees would use to supplement their reduced income if they are absent. Keeping in mind that absences of less than a day for …
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I face the same situation frequently in my metro, teaching hospital. We offer this exempt person a "2nd job" which permits him/her to be classified as a staff RN, non-exempt for those shifts worked. Rate of pay is different and they function in a …
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I would say legally, NO, but practically, YES. In my 30 yrs of HR management experience I believe an exempt employee should consistently work an avg of 45 hrs/week. Anyone who can consistently work 40 hrs (or less) has either stumbled across a ne…
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For a salaried employee I would not pay for them to be contacted at home. Non-exempt might be different. If the call was a simple inquiry to locate something, etc...., then I would not pay for the time spent. If the N/E employee spent some time …
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You must be a governmental employer if you're offering comp time; otherwise it should not be offered. Why the cat N mouse games with how employees are being paid? Seems to me you give them a choice cuz the employer doesn't care. If there's a prefe…
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They can participate if you want them to and assuming you have a bona-fide program for employees to use........once the exempt person has exhausted their accrued balances, you may deduct for time that was previously paid as vac, sick, etc.......
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As a minimum, you are required to pay at least minimum wage for those training hours. Depending on the length of the training period it may be a recruitment issue and create difficulties in attracting qualified people. Many states specify a speci…
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The short answer to your question is YES, altho the more complicated issue will be the overtime rate. Presumably, you're comfortable with how that is calculated or you would've asked the question.
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Consistency is the primary issue here, w/o regard to whether the employee is probationary or not. You're obligation s/b to ensure that the "policy" is administered even-handedly by all mgt staff and applies to all employees on an equal basis. The …
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I think your client needs to become familiar with the Fair Labor Standards Act which requires them to pay overtime, etc..... While there are a few industries and certain occupations that are not eligible for overtime, child care centers are not p…
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I think this a dangerous road----to pursue that his impending termination may be due to his tardiness. Tardiness implies some form of tracking and that contradicts his exempt status. It sounds as though "someone" wants the employee to be at work a…
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Given the fact that this policy seems to apply universally ATB, I don't see any legal issue with it.
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I believe the FLSA section you want is 207 of Title 29 of the US Code. Try: [url]www.opm.gov/flsa/law.htm[/url]
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I was prepared to conclude that 35 hrs of pay would be correct until you ended with the "employment agreement"....... That document, if it is a bona-fide agreement should govern how you pay the person. It's unclear whether they are exempt or not…
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Presumably moving this person to less than 40 hrs/wk will not change their position respon's enough so they lose their exempt status. If the same duties continue, only on a part-time basis, then the exempt status s/b retained. [This assumes that t…
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I think the easiest way to get beyond this issue is to answer a couple of question: 1) is attendance mandatory and directly related to the job for new hires, & 2) can you compete in the local market by asking new hires to volunteer that much o…
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Yes.
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I don't see any. Seems to me you're offering a public service more than anything, so your liability s/b minimal. Mandating attendance and satisfactory completion of the program may raise someone's eyebrows, but I wouldn't think this would be somet…
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I don't think any "threat of injury" will protect you from discharging that person. ADA may be applicable if the medical condition substantially limits 1 or more major life activites,,,,,,,,and this is probably not the case. Presumably, these inju…
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I would avoid that like the plague and explain to the employee that your organization does not/cannot substitute benefits for the waiver of overtime payments. FLSA specifically prohibits employees from waiving any entitlement to overtime pay, so tr…
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It's not clear whether these people are working within or outside of their exempt classification. I'm assuming that "working on the floor" is different than their normal exempt responsibilities and that they do non-exempt tasks. If so, then their …