Hatchetman

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Hatchetman
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  • For over 30 years, California has had a similar law (the Brown act) regarding public policy decisions by elected officials (e.g., legislature, city councils, special districts, educational districts, county boards). However, the law does not requir…
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-26-04 AT 07:07PM (CST)[/font][br][br]SMac, you should take a look at the new regulations for an idea. The major change is in the salary threshold but there are some duties requirements changes but …
  • I would provide it if the authorization is "legit" and if the file is extensive charge for photocopying (or charge even if it isn't extensive).
  • I agree that inquiring about confidential informaiton over the phone is not the best way to handle such information. But often the emplyee will identify the reason -- "I have a cold so I won't be into work." Of course, sometimes the information ca…
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-22-04 AT 02:20PM (CST)[/font][br][br]Does anyone have a problem if the employer's policy requires the emplyee to contact the supervisor instead of HR and give an explanation for the reason for the abs…
  • I guess the dispute is over the way reporting system should be set up or is set up in a compnay. If the emplyee is required to report to HR (rather than the supervisor) that he or she will be late, or absent and then HR makes the decision to okay o…
  • I agree with Ritaanz. The Sueprivsor and HR should be working together. What makes HR sacrosanct? If I were the superivsor who had actual responsibility for approving absences and controlling the emplyee and enforcing the policies and HR was…
  • While the employee may have put it there, unless you want to just go on several assumptions and fire on an "at will basis", you should at least do an investigation and check out other possibilities based upon what you find. For example, are the cab…
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-13-04 AT 05:28PM (CST)[/font][br][br] Paul, while I have no great issue with your idea of immediate suspension in a sitution like that, I believe that if you fired him for being unrepentant upon his r…
  • Technically, it isn't insubordination as generally contemplated in traditional labor relations. It is rudeness to a supervisor and in that sense it is a form of insuborinate type behavior that is disciplineable. If you're in an at will situation w…
  • Whether your company is required to have rest and meal periods is a matter of your state's wage and hour law. However under FLSA, if an employer provides a rest period of 20 minutes and under it must be paid (for each such period). Usually the em…
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-07-04 AT 04:22PM (CST)[/font][br][br]If you use the term "introudcutory period" or "orientation period" then make sure and identify what that means as compared to the time after the identified period.…
  • I would call the doctor's office and clarify the situation. Perhaps the nurse got the information from the patient's chart that the doctor had entered.
  • It seems to me that the offense would fit in with the concept of progressive discipline. I wouldn't consider the mere fact that the employee had "porn" on the computer to cause him or her to be immediately unsuitable for further employment with you…
  • After each home run he hit, did the stadium organist play "Show Me the Way to Go Thome"?
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-30-04 AT 03:17PM (CST)[/font][br][br]Call the police to report the threat. Have your security or your managmenet team talk to the emplyee who brought the gun in and make sure that the gun is not on c…
  • FLSA does not require physicians, along with licensed lawyers and teahcers who practice in their respective fields, to be salaried in order to be exempt. Take a look at 29CFR541.314. Thus, they could be paid hourly, for all their work time and be …
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-18-04 AT 06:40PM (CST)[/font][br][br]In our government jurisdiction -- Los Angeles County -- here in California, our rules permit the public agency within the County jursdiction to suspend an employee…
  • For salaried exempts in California, your best answer is No. 3. As has been noted above, the prohibition against charging PTO or accrued paid vacation time banks or any paid accrued time banks that may be used for ANY reason, applies to salaried exe…
  • Check your New Jersey state wage and hour law. Some states have what is commonly called "report pay" or "show up pay." That may be a guarenee minimum pay for th eemplyee showing up on regular day of work, working and then being sent home. As you …
  • An employer may deem any job that can qualify under one of the exemptions as a non-exempt, hourly. In order for a position to be exempt, of course, it must meet one of the exemption criteria if a white collar position including being a salaried jo…
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-07-04 AT 09:44PM (CST)[/font][br][br]When you say "salaried" employee, I take it to mean "salaried, exempt." Under FLSA if a salaried exempt works any part of the day, he or she must receive the full…
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-04-04 AT 01:41AM (CST)[/font][br][br]I have been referencing the docking of exempt salary on an hourly basis which is prohibited under 541.118a. Docking of an exempt's salary on an hourly basis is on…
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-03-04 AT 01:10PM (CST)[/font][br][br]"...Hatchetman, I just don't understand your reference to 541.118. Why does that provision prohibit paying an otherwise 'exempt' qualified position from being paid…
  • Marc, only certain jobs may be exempt and hourly, otherwise under 541.118(a) they have to be salaried. From what I gather, the COO does not fall under any provision in FLSA that would allow her to be paid hourly as an exempt. Secondly, if the redu…
  • Wait. I don't see that you, Mary Poppins, stated that the company looked into the complaints of harassment and found that they were valid -- the probationary manager had harased the employees. And I don't necessairly mean harassment based upon "po…
  • For the best advice on the requirement to wear a RED HAIRNET for violating the workforce standards of proper conduct, consult Nathaniel Hawthorne.
  • I agree with mwild. You're supposng too much without having any facts. You don't know what is causing the conduct issues. Don't assume anything as the cause. Talk to the employees to get their side of situation and explanation for why they beha…
  • I wouldn't terminate. However, if your company and the employee is in at will situation, and management wants to terminate on the "suspicion", then it may do that. Just make sure the company is able to show that discharge wasn't based upon a prote…
  • I agree with Don and will add one more aspect to the issue of why it would be hard to argue falsificaiton. She applied for Workers' Comp claiming job -relatedness. She explains it as Don describes. Adn then explains why she filed for STD: "The Wor…