Gillian
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- Gillian
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Maybe what you have are part time employees in full time jobs. The idea of exempt is that people are paid to do their job and most of us have jobs that are based on the traditional 40 hour week. We know that a lot exempt employees work over 40 hou…
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Yes, it is possible to be exempt and part time. There is a fairness issue when a partime employee is consistently working more than the specified number of hours. When this happens here we, at some point, ask the department head if the job has exp…
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You are correct on all counts. Forming his own company so that he can be an independent contractor - just for a project - yikes! The CFO will create a road to a bunch of problems.
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Probably not, but you need to check your state laws if you are non-profit. In California, for example employees of some charitable organizations can do volunteer work when the work that the agency does relies on volunteers. It is limited to organi…
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Maybe not using DD is his religious preference, in which case you need to do an analysis of undue hardship and make reasonable accomodation if appropriate. Just kidding.
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The people who will be after your company for failing to pay required payroll taxes will be the IRS and your state tax people, then you aren't paying a host of other required $$, so it isn't wise to have independent contractors performing employee w…
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You should contact an attorney to find out if the signature is enough to make a contract. If so, you can go after this person just as you would any other debtor.
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Thanks. When I saw that there was an additional response to this question, I figured that it was Albalynn. Other than San Diego, I don't where she is.
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As promised, here I am on the 10th. The employer who has an ERISA vacation plan is British Petroleum West Coast Products. Their headquarters are in Chicago, but you can probably find a California HR group which can help you. Other names which you…
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No, but I'll ask around. If I can't find anything, be back on March 10. If I do, will be back earlier.
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I mixed up classes. The next time I meet with this group is a week from Saturday. If you can't wait that long talk to a labor attorney and ask about a vacation trust program.
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I will find out, but can't until next Wednesday night. The issue came up in a class I was teaching and one of the students said that her mother worked for a company that had an ERISA plan.
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Actually, I was a little hasty on my one word response. There is one alternative. A company can create a defined benefit plan, create a Vacation Trust Fund, fund the plan then pay vacation benefits from the fund. This places vacation practices su…
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There is a one word answer to your question - no.
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California Labor Code #226 has a bunch of requirements for what must be included in a paycheck. Included in the requirements is "the inclusive dates of the period for which the employee is paid".
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Let him resign, then you will have less worry about a challenge to your request for a drug test. The privacy regs in Ca. are pretty strict and you don't want a charge of violating privacy, and being fired in retaliation for the refusal as well. Th…
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I don't think that you will find a precedent, but I hope that you do. You are probably lucky because there are lots of employers who don't pay retro pay at all - thereby doing what I think is among the top 5 of things to do to make employees upset.…
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If you think of paying a lower rate for attendance at a class think of the complaining that this will create, compare it against the money you will save and decide if it is worth it.
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If this person is truly exempt, then no. There may be a reason why this exempt person is working a "shift", then is "released" but those words sound like non-exempt, in which case there may be wage and hour regulations that apply.
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Progressive corrective action - a counseling, verbal warning, final warning and goodby. This is the process but you might want to start at a verbal or written warning because they are really stealing money from the company. Decide how hard nosed y…
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You can classify one as exempt and one as non-exempt, but Christinet's advice is good. If you do classify them that way, you may have the employee who is not getting overtime complaining that the other is, and you may have a problem if an audit tak…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-05-02 AT 11:26AM (CST)[/font][p]Here is my non-technical presentation that I have been using for years. Draw a "T" on a flip chart. One column is exempt and the other non-exempt, then describe the d…
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I don't have a clue. Law enforcement officers are not covered by our wage orders.
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[font size="1" color="#FF0000"]LAST EDITED ON 10-31-02 AT 04:04PM (CST)[/font][p]You don't say whether this is a terminating employee or a current one, but I think that you are out of luck on all counts. If an employer requires that a uniform is wo…
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Not that I, or our payroll person, know of. I think that that there has been some talk about it in Sacramento, though. Talk doesn't become reality until the Industrial Wage Commission does something.
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Your counterparts at the other organizations may be willing to share information if you tell them that you will give them a copy of the report and that you will not identify who pays what - Company A, B etc. If they are willing to do this, be sure …
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Njjel is correct, and the California Labor Code citation is Labor Code 204. The specific words are "Notwithstanding any other provision of this section, all wages earned for labor in excess of of the normal work week shall be paid no later than the…
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Supervising people, or lack thereof, is also a good indication.
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Actually, there is a lot of truth to this.
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I think that you should first analyze what has led to this request, because the request is too vague. You might want to interview the individuals who gave you the assignment to find out what problems they think they have. There are surveys which me…