HRforME
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Definitely check with your attorney. NCA enforcement is very dependent on the specific details within the NCA and very dependent on state employment/labor laws. If an NCA was unenforcable to start with, it might be a bad business practice to use t…
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Depends on how you define "furlough". Might depend on the length of the furlough as many states have waiting periods before UI benefits start. And unemployment benefits are state specific so you might get answers from yes they would be eligible to…
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If the employee can't work due to FMLA, I don't see how they can attend jury duty. Many courts have an excuse policy for times such as this or for other reasons. I would have the employee call the court. I would question why the employee could do j…
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Here is ours: "SOLICITATIONS AND DISTRIBUTION OF LITERATURE It is the intent of L Inc. to maintain a proper business environment and prevent interference with work and inconvenience to others from solicitations and/or distribution of literature. Gr…
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Agreed. Sorry if I was unclear. The seven year mark should not start at date of termination but as of the date of final distribution of assets for that employee. If a balance remains in the plan, then ALL information on that balance should be kept! …
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Minimum amount of time is 7 years for anything related to the 5500....but best business practice is "to keep certain records for the life of the plan. This would include all plan documents dating from the plan’s inception. The thicker the paper trai…
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Minimum amount of time is 7 years for anything related to the 5500....but best business practice is "e to keep certain records for the life of the plan. This would include all plan documents dating from the plan’s inception. The thicker the paper tr…
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What kind of risk are you thinking? If you mean under FLSA, you can always pay an "exempt" person as non-exempt, which is sounds like is happening here. That doesn't affect the exemption at all. It's only the other way around (trying to pay non-exe…
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Yes. There are no federal laws that govern PTO, no nondiscrimination tests, etc because it is not covered under ERISA and is not a (tax) qualified plan. There are very few state laws that say much other than whatever is accrued must be/doesn't have…
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Honestly, these are way too large of questions for a free forum to answer, but I'll try some basics: (1) How does the company take care of terminations? Do they already have a process in place or are you expected to create one? Some companies allow …
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There is a fine line between contractors and employees. I have found that California has stricter employee vs contractor laws than most other states and even than federal law. Each job would need to be looked at separately and you need to consider …
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I second everything TXHRGuy stated...but I would also not give them any sense of privacy. Everything at the office should be work-related and if it isn't, then the employee(s) need to understand that anyone could see/hear it at anytime. That said…
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Two major reasons: (1) If you are going Section 125 pretax with the deductions, then yes, you have to give them notice and have them fill out an election form during "open enrollment" to authorize the deduction from their check. You also need to ex…
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Unfortunately in this economy, while I wish we could pay for the partial day not worked for non-exempts, we can't and didn't over the holidays. Just as we don't pay them for a full day when we are closed (like Christmas Day). I think more and more …
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Here's the article that I referenced: eeoc.gov/policy/docs/fmlaada.html and here's just one exerpt: "Under the ADA, a qualified individual with a disability may work part-time in his/her current position, or occasionally take time off, as a reasonab…
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Agreed...but in some cases, small amounts of timeoff can be considered a reasonable accommodation and if they are, then they would be protected time...especially if the employer lets other employees miss or take timeoff (paid or unpaid) for other re…
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No, Texas doesn't have a state version of FMLA so it follows federal at 50 employees. So no, you would not need to be worried at all about FMLA unless you grow. Under ADA, the employer is required to interact regarding reasonable accommodations. An…
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[quote user="urway2destiny"]sorry for the delay, well you see she overpaid herself by 16 hours of sick pay....when we only offer 24 hours. so she ended up taking 40 hours of sick time and never told anybody...and since she is on payroll she was able…
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I realize that was not the original topic and the postings got off track of it, but you referenced both the old regs and the new regs regarding this and I wanted to clarify it for everyone since you alluded to it, but didn't come right out and state…
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The former regulations used to state that sick time concurrent with FMLA meant that you could only require documentation based on your sick time policy -- not on FMLA certifications for that concurrent time. From Jackson Lewis, the change is as fol…
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That happens because DHS/INS/? doesn't ever seem to issue a new form until after the old one expires. There was a while there where the 3/31/08 (?) one was used for quite a while after "expiring". If it was used in the interim before the new one ca…
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Joy has it correct. FMLA timeoff is one reason the FLSA allows employers to dock an exempt employee's pay. "Deductions from pay are allowed: When an employee is absent from work for one or more full days for personal reasons other than sickness o…
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Correct. However after you lower pay, you can change company policy on exempt employee schedules and change the exempt's work schedule to be a 4 day workweek if it is what the company wants to do. At that point, they would still be getting a whole …
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The main con against nonexempt employees working at home is the requirement that the employer pay them for all time worked. It is hard to track how much they are working when there is no one to watch. Sometimes computer systems can be setup to tra…
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How do you payout when they take a day off? Do you take into account commission? I would do the same in the termination situation. That said, I don't know many companies that would take into account commission.
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We included this in with our annual benefits communication with all the other changes. I did warn participants ahead of time also knowing it was going to happen 1/1. Be careful if you have a safe harbor match in your 401k. Ask your administrator w…
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Your colleague is probably referencing the WARN Act which requires 60 days notice or severance in specific instances (certain #/% of employees laid off within a certain period of time). Generally small companies are not big enough to take notice of …
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It does not sound like this falls under FMLA. Even if it did, as long as you can prove they are part of an overall layoff and you are not singling them out due to having taken FMLA, you should be okay. I would make their term date the same as everyo…
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Unfortunately we do not have a written policy. Mostly because our kitchen (both at this location and the old office) is amazing. It is nicer than most employee's kitchens at home (except for maybe the CEOs). We have a latte machine, an InstaHot wa…
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I have to agree that if they are in the open and have no sign, they are fair game. And I think it would be tacky to have a sign. Of course, we don't allow food out on desks, so all of ours would be in the kitchen/lunchroom where everyone shares. I …