HRforME
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Is there a reason you want it back? Most of my employees don't keep them past the first couple of days! If it is confidential/proprietary information, you might check with your corporate counsel on how to have the information available without the…
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[quote user="Sheila2008"]We have offered OT for anyone who worked on Saturday. Each employee should have had 40hrs or more for the week, before they qualified for the OT on Saturday. We didn't have anything in writing regarding Saturday OT, becaus…
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I agree with Reg in checking with FMLA reinstatement rights. From the FLSA side, are these employees doing outside sales? If not what sales exemption do you mean? Is it one of the convoluted special ones like Section 7(i) where the rules get very ve…
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Also in certain benefit plans (those covered by ERISA), depending on the circumstances, you could also possibly be considered a fiduciary. I am one on our 401k plan. However, your employer should be providing coverage like TXHRGuy stated to cover y…
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Ours is part of our timeoff policy and simply states "Pay for vacation days will be paid on the regular pay cycle. Vacation days are not used in calculating overtime hours. " and "A paid holiday does not count as a day worked in calculating overtim…
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I went from very large and very specific (retirement plans and executive benefits with a large HR consulting firm) to very small and very general HR (payroll/HR/recruiting/benefits including 401k/compensation/etc) that had been in a PEO prior to my …
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I suspect it totally depends on the service agreement that is between the staffing firm and the client. Without seeing that, I would be hesitant to answer such a broad question. If you have a question, I would take that service agreement to an attor…
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A new employee on day of hire gets a prorated amount through the rest of the calendar year based on 10 days per year to start. Then every year on January 1st, the employee's vacation bank is restarted at 10 days until his/her year of their 5th anni…
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And at least one state, Michigan, prohibits discrimination based upon weight. I would seek legal counsel before discussing it with the employee.
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The only way I have seen this work is if the company allows the employee to make the choice at time of hire. Pay is calculated using that decision. Then if the employee ever wants health insurance company they pay a premium from their paycheck to jo…
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The only information that is covered by HIPAA is information that the employer gets through their claims/insurance plan. Information for sick days, FMLA usage, etc is not covered by HIPAA. The information should be kept separate due to possible AD…
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To be totally honest, I think best business practice is to pay out the two weeks' notice which is what we do here. Since we don't usually run into this issue, so I don't have any "trenches" experience, just what the appeals manual states. If I had…
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eta: I think we might just be agreeing, but for different reasoning....[:D].....just wanted to show you where I got my original quote, since I didn't cite it well the first time. Sometimes if I do, the forum won't immediately post the message, but s…
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You stated "Also note that the above appeal relates to a termination in the final two weeks of a notification period that exceeds two weeks but what happens prior to the 2 week period preceding separation? Here's the TWC's view on that one... " an…
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TXHRGuy...did you happen to miss the fact that she resigned? The quote I posted was directly from the Texas UI Commissions appeals manual. Since the employee initiatiated the termination by resigning, then the company doesn't have to even mess with…
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Yes you can term without paying for Wed-Fri. There is no requirement in Texas state law or federal law that requires an employer to pay for time not worked, especially since she is hourly. But you do have to think about the precedence you are setti…
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http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.418.htm This is the section of the FLSA you need to be concerned with. "(a) Under section 7(g)(1), an employee who is paid on the basis of a piece rate for the work performed during nono…
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How long has the employee been using the number? Since you know about the issue, you may need to file corrected W-2s and state wage information on the SSN. If you do not have a correct SSN, you can always file under either all 0's or all 9's, I alwa…
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Here is our policy: "If a death occurs in the family of a full-time regular or part-time regular employee, the employee will be compensated for time lost from his regular work schedule not to exceed eight hours each day at his regular basic straigh…
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From a payroll board that I visit, the guru says: "This is not my area of expertise, but according to my notes. - No FICA. - FIT is withheld unless a valid form 8233 is filed (each year). - IRS pubs 515 and 901 are supposed to discuss the federal…
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I can understand the administrator passing them to you if they are current and active employees, i.e. people you should be able to reach to get a current address. But if they are terminated with a balance, that is where I would ask the administrator…
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I am assuming these are not current employees. If they are, I would contact them and ask for a corrected address. We file w-2s in the employee's personnel file until such time as they call looking for them. Sometimes, they never do! I would be mor…
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I would take the agreement to a lawyer. I am not sure that agreement is legally enforceable past what has already been paid through payroll because although it was a loan and she did start making the payments, the only recourse in the agreement tha…
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How far away is she from her due date? Sounds like at least one month since her dr hasn't already put her out? Depending on the timeframe it might be more reasonable than it sounds to terminate her. I don't know the MA leave laws, but it sounds l…
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We've just been discussing this issue on another BB I am on. This is a very sticky issue and I know many DOL/IRS gurus who stand by the fact that if you didn't treat it as a loan with forgiving payments as they accrued that you will have a very har…
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Kaiser report --> http://www.kff.org/insurance/7672/index.cfm AHIP report -->http://www.ahipresearch.org/pdfs/FINALSmallGroupPaper.pdf
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Small Group Health Insurance in 2006 -- by AHIP Center for Policy and Research can be found online and has lots of good statistics as of 2006. The 2007 report is not out yet. 2007 Summary of Findings: Employee Health Benefits -- by The Kaiser Found…
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"Many companies require employees to seek approval before working overtime. Although that is an acceptable policy, employers sometimes go a step further and refuse to pay for unapproved overtime. Under the FLSA, however, an employer must pay for all…
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Definitely agree that termination itself would not be the issue if that is the way that the OP handles all long term leaves that do not fall under the protection of FMLA, but rather the rescinding of the promotion.
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TXHRGuy...In reading that, I thought at first exactly what you did, but then my second thought was that this employee is not currently "unable to perform her job due to pregnancy...", she is just pregnant. She will be unable to do so when she goes o…