Gillian3
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Exempt employees are paid to do their job, not to work 40 hours. If someone can do their job in less than 40 and can do so consistently, perhaps they have a 3/4 or whatever time job and should be paid accordingly.
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[font size="1" color="#FF0000"]LAST EDITED ON 02-15-05 AT 11:34AM (CST)[/font][br][br]We don't have experience with shutting down because of the weather, but occasional earthquakes present a problem. Several years ago, after the Northridge earthqua…
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This is a "just to make sure". If you are in the private sector the Wage Orders apply. If in the public sector, FLSA.
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Great! 1. Learning golf 2. Preparing for my mothers 100th birthday 3. Remodeling 4. Getting ready for life after HR, but still enjoying in the meantime. There is a reason the HR stuff is #5. 5. Back on site at the Transit District for some projects,…
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You need to find the computer professional description. Systems analysts will typically be exempt unless they make less than the hourly rate specified in the description. The hourly rate is humongous, something like $46-47 an hour, much different …
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If one is in the public sector, yes. Otherwise, the FLSA only applies if one of the provisions happen to be more employee favorable than Ca. wage orders. I don't know of any.
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I hope that it is a fad and goes the way of most fads.
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Try looking on the IRS web site for stuff about Independent Contractors. If you can't find anythink let me know your fax # and I will see what I can fax - assuming I didn't throw my material away when we moved.
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There are employees (W2) and independent contractors (1099). They are different and certainly don't mix as you are doing. Because you do not pay certain employer taxes for 1099 individuals you are violating federal and state regulations, including…
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Nope, can't do that. If the sheepherder was off on break, the coyote would have a meal and how good is that for the sheep.
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How open you are pertaining to compensation issues is dependent on your company culture. There is a big difference between sharing salary ranges and salaries. I think most of us in HR see salary ranges as information that employees should know in …
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I don't think that you will find out anything in writing to this effect. As you know, DSLE regs are a bit different from FLSA, but I don't know of anything under DSLE which deals with the matter. There was a change in January which allows physicia…
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Yes, there is a legal way. Recognize that one of the benefits (?) of being exempt is to be worked to the bone at times to get the job done, but that if it can be done in less than 40 every once in a while, let the employee go to the soccer game and…
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I don't think so. If we were all obligated to go with all the things that supervisors say (errors and all) we would all be in trouble. The real issue is whether or not the statement was a contract. Whether it is or not is a legal issue argued amo…
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Glad you showed up. Based on what Hatchetman says I would make sure that the exempt positions under consideration for change meet the same standards that make the doctor, lawyers etc. exempt and hourly at the same time. I bet they don't.
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I think that you need a second legal opinion. Whether a job is exempt or non-exempt is a matter of what the duties are and if they aren't changing I can't see how exempt becomes non-exempt. Maybe you got bum legal advice.
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Hatchetman always has the best answers on wage and hour stuff, but I'll take a stab at it. I doubt that an employee doctor, lawyer etc can be paid by the hour and retain exempt status when the employer is covered by the Wage Orders - not sure about…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-08-05 AT 11:43AM (CST)[/font][br][br]You will get a better response if you put this in another section. As far as your question goes, I don't think that it is discriminatory, unless the outcome ends …
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You should contact an attorney in this regard. There are all sorts of legal complications and requirements pertaining to severance agreements and some of them vary from state to state.
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Me, too, three years ago or so. There is also some good information in the SHRM white papers section.
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How bad do you want the person? If it is the make or break issue for the person and you won't bend, the cost might be a lot more than the vacation. It is fairly common at the higher range of jobs. Discrimination is only an issue if the reason for…
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I think that the employer is neither, or both, depending on your point of view. The employer is the agency and anyone who acts as an agent of the employer. You have a procedural issue - who is the responsible person to initiate a transaction? The …
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You would not be "extending FMLA", but allowing your company leave policy to kick in, after FMLA is exhausted. FMLA training - I think most of us have obtained material on the topic and slogged through it in order to figure it out.
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OK, take a deep breath. This employee should be treated as others have been as far as a leave of absence goes. Lots of employees provide more than the 12 months FMLA - the rest is just company policy and you can provide as much as you want, so lon…
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I'm not sure. If that is the case someone will chime in. I could have missed something.
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Yes, it would be FMLA if a medical provider certifies that there is a serious medical condition. No, you can't wait until the employee asks. You know about the situation so you should take the initiative to get the documentation in place. The ADA…
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The responses are correct. One of the issues that comes up regularly is what one wants to do when no regulation applies. It is a good idea to weigh the denial vs. the possible impact of not doing something. If you deny time off you may get morale…
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If there is one EE handbook covering everyone it could say something like this "Employees in Podunk, Wassalvania will be granted X in lieu of Family and Medical Leave.
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Just a suggestion. While it may sound like a good idea to give Family Leave to everyone even if they are in a smaller facility, call it something else - personal leave maybe, if you do. By just extending the benefit to everyone, you may create an e…
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Pretend that all you have are two offices with less than 50 employees in each. You don't have to do anything, but if you want to provide some time of or whatever, but it has nothing to do with FMLA.