Gillian
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I am also in California. Cathie is correct - deductions of wages from exempt employees for absenses occasioned by the employer or by operating requirements of the business cannot be made if the employee is ready, willing and able to work. There ar…
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To - Just an Employee. You don't say where you are located but if you are in California you should be aware that a new law (September 2000) makes many IT workers who would be exempt from overtime under Federal regulations subject to overtime under …
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You need an attorney to answer the nitty gritty of this one, but here is my opinion in a general way. The exemption tests in California are different under our Wage Orders than under the Fair Labor Standards Act. There are a lot of similarities bu…
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Exempt employees no because they are paid to do their job. Non-exempt maybe - if someone calls and asks them employee where they left the key to the bathroom I wouldn't pay but if the call is something substantial they sould be. With the latter th…
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Correct. California requires daily overtime, unless you have a properly instituted alternative work week. This means that the employer must prepare a written proposal for the employees which explains all the effects of the alternative work week, i…
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With all due respect to everyone, it is all semantics. Whether probationary, introduction or orientation periods, they all mean the same thing - a period of time to evaluate, from both sides. The implication of something "permanent" after a probat…
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The responses are both correct. There is a general presumption, although incorrect, that the probationary period has some sort of legal standing. It doesn't and, in my opinion, is nothing more than an ingrained tradition, so ingrained that manager…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-30-01 AT 10:25AM (CST)[/font][p]I work for a non-profit private university. As your question is posed, your client is violating basic wage and hour regulations. Sometimes there are some exceptions u…
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Must have been on another planet yesterday. My E-Mail address is [email]shugh@westernu.edu[/email]
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I'm also in California and have some similar issues but not near as signicant as yours. We can pay at different rates for the travel hours, so long as the pay is not less than minumum wage. Before you do that, however, you should think about moral…
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I work for a non-profit private university so have some of the same issues. You need to check your state wage regulations to see what might be there regarding volunteers. For us in California, there is a very narrow exception for charitable organi…
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this is not the way to save money - not paying will cost far more through the repercussions than the money you save - and that doesn't even deal with the legal aspects of wage and hour which are not in your favor.
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The key item as whether a person is an employee or an independent contractor is control - who controls the work and how it is done - you or the person doing the work. If you would like a copy of the IRS 20 factor list which is a guide e-mail me wit…
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I think that what you do should reflect what kind of company you are and what your culture is. The policies to which you refer are very common, but in my opinion, are a very logical response to losing production when one persons absence impacts the…
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All of the suggestions are fine, however, the part about signing an agreement to hold the check until return or reducing the check to cover the missing whatever will not work in California. These types of withholding are illegal and subject to up t…
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I agree with everyone else. It is a corrective action issue and shouldn't be a "docking" one. In California, rounding of time is OK, so someone who is a little late can be rounded to the next time increment. The reverse is also required, so that the…
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It probably revolved around whether or not the employees were exempt or non- exempt in the first place. If this person was legitimately in an exempt position all along I don't think that you owe anything. On the other hand, if the person was in a no…
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Yes and no. In Ca. we are subject to reporting time pay. If a person reports to work and not put to work or given less than half the scheduled work for the day, we pay half the scheduled work, no more than 4 hours or less than 2. If an employee is c…
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Best to listen to the attorney advice on this one. Your organization could be in trouble if you act precipitously. California regulations in this area are very restrictive. Joe Beachboard is an attorney somewhere so take his advice. This writer ofte…
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Some years ago I had a client with such a program. Each month the VP of Manufacturing and the Production Manager would "pick" the winner. That, of course, led to a lot of conversation criticizing the process and the winner. The employees were rig…
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Thank goodness, no. It wouldn't pass muster in California.
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We switched from the pin system to choice of a pin or a gift certificate. That has worked well. We did a survey prior to the change - the big majority wanted something different - according to most the pins went in a drawer with all the other stuf…
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Vacations and holidays can certainly be administered this way - there is nothing illegal about it - but what a mess it will create. You really need to get some agreement by whoever the decisionmakers are that you need consistent vacation, holiday a…
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If the employee has contacted you, tell him or her that you will get investigate and respond, then find someone who knows COBRA inside and out and get a second opinion or third opinion. If you think that the second opinion is correct go back to the…
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I don't think that you will find a generic one that will work. Most attitude surveys are designed specifically for the work group that is being surveyed. That is because most organizations that conduct a survey have a reason for doing so and those…
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If you terminate him the insurance will end whenever the plan says that it will - usually either the day of the termination or the end of the month. Gross negligence is the only reason to deny COBRA but remember that the definition of gross neglige…
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Unfortunately, you are seeing the effects of a broken health care system. Many employers of your size are discontinuing health insurance altogether. There is nothing illegal about the decision unless the employee can make a case that there is advers…
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I think that what you are looking for is the insurance plan itself. Ours states that insurance terminates at the end of the month in which the employee terminates. Yours may or may not be different. There is no state law in this regard.
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Those employees have found the two or three companies that are more generous than yours and are holding them out as the example of what is done in the entire industrial world.
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This is one where you need to evaluate the costs of providing the leave, versus the cost of not doing so. There are costs to not being flexible - increased turnover because employees would prefer to work for someone who is more flexible, morale iss…