HRforME
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[quote user="HRDir1"] showing that no one else can care for the person... [/quote] I am not so sure that this has ever been something that the employee had to prove under FMLA.....(and don't know if it is something that was added with the new chang…
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For higher level jobs, I have found www.payscale.com to be a good source. It allows 5 free reports before you have to pay for any. I have used it for CEO, Executive Assistant, CFO, HR Director, etc. I also look at job postings/resumes on Careerbuild…
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One way I have seen to get around this is to show a job description that includes essential functions and criteria to the applicant during an interview. On that JD, you can list minimum requirements. One of those can be a "valid drivers license" or…
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What state are you in? Personally, I would call the UI office and ask this very question. Because yes, it does sound fraudulent, especially if the co-worker is paying her for childcare duties. But I am betting those wages aren't getting reported a…
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Although this is from the State of Texas website, it is a good discussion on interns/"trainees" and FLSA:http://www.twc.state.tx.us/news/efte/advanced_flsa_issues.html (you have to page down to get to the intern part) I would be most concerned with …
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I have to agree with the others. It is a very very fine line. I would not give a bonus/cash directly to her. The intern definition is very very limited. I agree with LadyAnn that something as innocent and simple as "providing help" could cross …
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Check out http://www.dol.gov/esa/whd/opinion/FLSANA/2007/2007_05_14_01NA_FLSA.pdf There are a lot of caveats to doing an automatic deduction. I wonder if you wouldn't have more exceptions than you would expect. Which will turn into a larger nightm…
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One solution I have seen is that raises don't occur for the manager until all that manager's perf evals are completed. Hit them in the pocketbook where it counts the most. Honestly, I think everyone from all sides hates performance reviews. I do…
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We have very flexible hours. Generally exempts work at least 40 hours a week, but come in anywhere from 6:00am to about 8:30 am. Often, they have to adjust their flex schedule for meetings (such as the Monday morning meeting which starts at 8:00am,…
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I would suggest reading through : http://www.dol.gov/elaws/vets/userra/mainmenu.asp 1. "USERRA does not require an employer to pay an employee while performing uniformed service; however, an employer is free to do so if desired. " http://www.dol.gov…
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I agree with Joy. Go through the proper channels at your company first. Document everything. Put it into writing. Ask for responses in writing. Document exactly what was said, to who and whether there were any witnesses. Realize that it is the em…
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I'll have to look for the Strategic Compensation book. The Milkovich book does a really good job explaining the basics of different types of programs and is a good starting point from the knowledge aspect. Honestly, we don't do grades at my company.…
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I strongly suggest getting the textbook "Compensation" by Milkovich and Newman. It is the study guide for one of the Compensation exams under the CEBS program and goes into detail on setting up comp plans....down to ranges/grades, midpoints, etc. D…
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I know many companies who have implemented it. From an HR/payroll standpoint, you need to remember that it was a program written by Germans. They weren't thinking of the American way of doing things when it was written. For example, we had the hard…
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What state are you in? Federal law only requires that you keep benefits whole for a maximum of 12 weeks. Most state's MLAs run concurrent with FMLA if there is one. California is the only one I know who might be different, but definitely it is not…
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I agree with HRDir1...it is going to depend on the reason you have the medical slip. Also don't forget ADA reasons and possibly payroll reasons if you require the employee to have the medical slip to get paid. OSHA also has longer standards if ce…
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No, they do not have to meet the minimum weekly salary of $455, but they DO have to meet minimum wage for all hours worked AND they do have to be paid overtime for anything over 40 hours per week. Here is a good article explaining the different wa…
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Yes, this is common, but usually it is written in an agreement that it has to be returned if for some reason the employee voluntarily leaves. At that point, the employee usually doesn't have enough $ to pay back through payroll (and that can be limi…
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I have a really really good FLSA consultant who lives in Austin who is a retired DOL employee. If you want his information, just email me at resumehr2007@gmail.com and I will forward his information to you. He is well worth the $s...especially when…
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What if he works 60 hours? How are those extra 5 hours paid? (please tell me that they are paid) Does he take the $880 and divide by 60 and then multiply by 1/2? eta: my original message with links just showed up under your original posting....I…
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I posted a message, but I am not sure how long it will take to get through since I put some direct links in it.... Do you use a fluctuating workweek method of paying non-exempt salaried employees? DOL : 29CFR778.114? If you do, there is nothing in …
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One quick question...do you use the fluctuating workweek method for the non-exempt salaried employees? If so, that can limit the docking that is available and "the employer pays the salary even though the workweek is one in which a full schedule of…
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We have an online vacation/timeoff schedule that all employees can see. ADA does have a confidentiality section, but FMLA and regular timeoff do not. I would suspect that you would be okay as long as you were not putting the reason they were out. …
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I totally agree with others on the generic reasoning. If you get too specific, then you are opening your company up to an argument. And bad publicity/community relations even if it isn't illegal.
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29CFR541.605 talks about the fee basis as described in the post above. The poster above did show one side of the coin...but there is another. There is another major caveat that was not posted above that must be met to use the fee basis: "Administrat…
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One other article I found is : http://www.eplicaservices.com/articles/Eplica07.ELU.CoEmployment.pdf and it states that the temp agency is "primarily responsible". "Appropriate consent will often lead to a finding that there is no legitimate expecta…
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I don't know that this will be much help....BUT.... Well, here is what it says directly on the I-9: "Privacy Act Notice The authority for collecting this information is the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 USC 1324a). …
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I strongly suggest posting your question out on Labor Law Talk.com. I know at least a few of the gurus have experience in the public sector and at least one in a school setting. That said, what little I know is not in CA, but in TX. My sister (wh…
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Unless you work for a union (and maybe not even then), the school district is not required to interview anyone. It seems like they have a process in place that works to meet their purpose. While it would not be smart, they can legally require diff…
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It is my understanding that all work done for the same employer must be counted in the OT calculations regardless of the actual job being done. You could do it a different way (which does make it better for the employee) than the fluctuating workwe…