Down_the_Middle
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I'd be hard pressed to pay those folks for what appears to be previously understood as a volunteer situation. I just finished doing a similar "welcoming event" for some MD's and nurse prac's (evening hours, off-site location, etc....) and the volun…
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I think it depends on what you mean by "paid hourly". Many older payroll systems require exempt staff to be recorded on an hourly basis, even though they do not clock-in or clock-out. The key to having someone exempt (from a compensation standpoin…
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I believe most employers handle OT based on hours worked, vs hours paid. Unless you have a union agreement that requires this to be done, I would think you will realize substantial savings by converting to hours worked. The law requires hours work…
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Amen! Then I think the only issue is having a policy that all employees will be charged sick time for MD appt's and paying attention to the work performance of the person who is absent alot. Good luck......
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I think the issue of trying to treat exempt staff like non-exempt is the core problem. They're not the same. I had a similar problem awhile back---------- the sick leave policy entitled ALL employees to be paid for medical appt's and required ALL …
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Think about offering a retention lump-sum payment (in lieu of her annual merit increase). The message is very strong, offers her some immediate cash (maybe $1-3K) and avoids the on-going addt'l cost of higher base salary. We're doing this and also…
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I would check your state unemployment laws to confirm that discharging her is what you want to do. In many states, the discharge will qualify her for u/comp and you've shot yourself in the foot by changing her voluntary quit. I would rather not al…
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Changes can be made on a PER PAY PERIOD basis, altho it is far too tedious to do it this way. Certainly, if downturns are expected for a few months, this can be a short-term solution.
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I don't know why percentages wouldn't work........ Wage & Hour has reviewed my example a number of times and found it to be acceptable. They've never squabbled with how the salary is determined----only that it is consistently paid per week.
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Yes. If someone earns $50K as a FT exempt and wants to reduce to PT (say 25 hrs/wk), I'd develop an agreement paying the person $31.2-31.3K and expect them to average 25 hrs per week. Some weeks may be less, some more, but the pay remains the same…
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You are assuming that a full week's pay for exempt staff is 40+ hrs/week. That may not be the case. I have a number of parttime exempt staff, who are salaried and who work based on an avg of 20, or 25 hrs per week. You can certainly do this with …
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Once I overcome the distaste of charging employees who need early paychex, I guess the best source would be your state statutes. I agree with others who suggest written authorizations. The concept troubles me since it mirrors the check cashing ser…
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This need for time-off apparently was not discussed/disclosed at the time of hire????? I would offer him the chance to use two (2) of his future accrued vacation days, or give him the time-off w/o pay. Depending on when your company makes vacati…
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I believe you are correct about not having to pay O/T for seasonal workers, but only in certain industries/occupations........... Go to [url]www.dol.gov[/url] and follow the FSLA path to the statute you desire.
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It used to be 30 minutes for more than six (6) hours of work. Check your state department of labor for confirmation becuz some industries are excluded from this.
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I think addt'l information is needed b/4 commenting on the exempt person wanting to be paid for Sat-Sun N/E work.......such as, what is their exempt category during the normal 5 day work week..... are they prof,admin or executive? Paying an exempt…
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Rockie: For whatever it may be worth......... Knowing RN's and the healthcare industry as I do, I've seen very few non-supervisory RN's who can truly satisfy the independent judgment and discretionary thinking requirement to be exempt. Western…
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My experience of working with RN's for many years and being in numerous states, is that the local market actually determines the status of those RN's. Altho I've seen RN's classified as exempt, 99% of what I've experienced is that they are non-exem…
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I currently have two (2) such positions and both of them are non-exempt. Even if you use the FSLA streamlined test, I question how you could satisfy the "customarily and regularly exercise discretion and independent judgment" requirement. Unless y…
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Don Avery's response is right on the money in all aspects. It is my understanding that only hospitals/health care facilities are currently permitted to use the 8 & 80 overtime option.
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This notion of requiring exempt staff to be accountable for their time is really strange to me and suggests that either the position's exempt status is truly questionable or maybe the position is less than fulltime. I see nothing wrong with informi…
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I just had two (2) of these recently......... In one case, the offer was made and the employee was clearly informed that a "day of observation" was part of the pre-employment component and therefore was expected to observe only. No work was perfo…
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I concur with CuriousG. [I'm assuming there's no labor agreement and that the acquisition agreement was silent on that issue.] Seems to me the P/Roll service s/b processing whatever you submit for payment. In the absence of a practical explanati…
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I concur that flexibility is essential to managing the workforce. Policies written in concrete not only hand-cuff the employer from doing the right thing, but will inevitably encourage a labor union to march in and improve "the Gestapo environment"…
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Remembering that with "partial day absences", exempt staff must be paid for the whole day. You are permitted to NOT pay an exempt person for a day or more of absence for personal reasons and their exempt status will not be destroyed. Requiring exe…
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I'm assuming we're talking about the use of comp time (in lieu of overtime payment) for non-exempt staff......... I would stay away from this "trap" of being encouraged to develop such a policy. As a private employer, you're not entitled to it, …
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Most states have provisions for when the final paycheck must be issued and in LA it is not permitted to withhold the final paycheck in exchange for the return of company property. We try to address this via a formal exit process on the final day of…
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We have a similar exclusion for "extreme" sports and activities and it's been in place for years. A few questions from time to time (e.g. skateboarding, snowboarding) but they all involve normal recreational activities so the exclusion doesn't appl…
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You'll likely get a 70/30 split on this sort of thing, but............... Most employers I'm familiar with do not provide sick pay for the employee to attend to someone else. Sick pay is generally reserved for the employee's own illness. (Som…
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It's an annual election amount that you'll be held to. Btw, the requirement that the employer reimburse for the entire annual amount is the quid pro quo for use-it-or-lose-it and have the dollars return to the employer. Congress attempted to bala…