Hatchetman
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Under current FLSA regulations and the new Fair Pay regulations, doctors, lawyers, and school teachers who are practicing in their professions are not required to be salaired in order to be exempt. So, they may be paid in any manner, including hour…
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US DOL holds that the salary threshold still must be met for part time employees. The threshold is NOT reduced because of the part time status. This includes the $455 for the Fair Pay regs.
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Prior to going on LTD, was he subject to a short tierm or paid sick leave benefit? If he was then that allows the docking of salary now. Under FLSA -- 29CFR541.118(a)((3), if he is absent for a full day then you may dock the salary for that day s…
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"Gram." Yes. To issue a memo....the word isn't used as much as it used to be for this purpose.
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There is nothing wrong with that under FLSA. It's just a hassle and can cause confusion that you are paying based upon what is on the time card. Why don't you just "gram" the employee each time she is late and cautioning that the employee is subj…
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The is no partiuclar number. If you are a member of SHRM, you can take a look at some of the Opinion Letters at its website. I've just included some wording from a couple of the Opnion Letters: From 4-6-95: "In reference to your letter of Februa…
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Is the pager for extra work for for work intended by the base salary? Is the bonus for carrying the pager or for putting in extra effort not covered under the base salary. The way I read the DOL Opnions of 29CFR541118(b), as well as the provision …
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Spome quesitons about the incident that you haven't identified or answered: What occurred before the incident? What was being said? Who did what? What was tone of voice? Were they squared off in a verbal argument or what? How close were they to…
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Since you are in Arizona, Arizona state law applies. I don't know if Arizona law requires a report or show up pay or not and, if it does, what the minmimum is. Federal law, FLSA, does NOT require any report pay.
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IN the public sector, our paid holidays equate to 8 hours but we do have non-exempt employee who work 9/80 and 4/40. When a holiday occurs on one of those secheduels, we do what you do. The holiday will cover 8 hours and the emplyee may use appr…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-10-04 AT 04:27PM (CST)[/font][br][br]Well, under FLSA regulation and US DOL Opinion, travel outside of the regular work hours of the employee would not be considered work since the travel is not subst…
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Yes, under FLSA travel that cuts across the hours of the employee's work day would be ocmpnesable in this case. This includes if the employee travels during those same hours on a regular day off. Take a look at 29CFR785.39: Travel that keeps an…
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No, the Fair Pay regs only affects the exempt employees. The regs regarding non-exempts remain the same (except for highly compensated employees --$100,000 or more per year). Remember, under 29CFR553.22and .24 thdse employees in the public sector …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-08-04 AT 11:17PM (CST)[/font][br][br]Thh Fair Pay regulations regarding exempt employees are set to go into effect August 23. The particular regulation addressing suspensions without pay in the upcom…
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Calculate it based as a prorated portion of the daily salary. For example if the the emplye was suppose to work 5 days in that week, then each day would bbe worth 1/5 of the weekly salary. If the expectation in the work schedule is that she work 8…
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Under FLSA you are allowed to pay her for only the hours she worked on her last day. Don't get into a stupid argument whether her packing up constitutes work or not. Pay her for the three hours and be done with it.
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[font size="1" color="#FF0000"]LAST EDITED ON 06-17-04 AT 02:39AM (CST)[/font][br][br]The compensation mechanism for overtime that I mentioned above and that one or two others have mentioned, is not specifically addressed in the FLSA regulations in …
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[font size="1" color="#FF0000"]LAST EDITED ON 06-06-04 AT 10:48AM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 06-06-04 AT 10:47 AM (CST)[/font] If you have a bi-monthly pay period that encompasses two entire work weeks only, F…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-27-04 AT 07:39PM (CST)[/font][br][br]Remember, cash (bills) is legal tender to pay all debts. I think there is a provision that you can't pay a large debt in all coins, though. And that a large amoun…
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Check with your legal counsel before doing anything. First, does NY state employment law allow the emplyer to defer wages even with the employee's written authorization? Second, by deferring wages, if that is legally permissible, and apparently kn…
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If she were involved in training in general or part of the training unit I would agree that she could meet the exempt. But she seems to be limited to just ONLY training one part of a specialized area and be involved in a specialized aspect that is …
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[font size="1" color="#FF0000"]LAST EDITED ON 05-21-04 AT 12:49PM (CST)[/font][br][br]Baed upon what you posted, her duties don't constitute those related to "management or general business operations." Her duties are restricted in scope and are …
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I think your managers are confusing the "hanging work week" with the sometimes used provision in FLSA regs that allows private sector employer to issue FLSA overtime that occurred in the first work week of a pay period via paid comp time in the seco…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-20-04 AT 11:16PM (CST)[/font][br][br]Anything in West Virginia employment law that requires the employer to place the check in the employee's hands or in direct deposit rather and not mail it (assumin…
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If the emplyee is taking pregnancy leave and she is eligible for FMLA, what about doing reduced FMLA leave? The exempt employee's salary may be reduced for the missed hours without jeopardizing the exempt status. See the Code of Federal Reulations…
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I went through the IWC Orders and the DLSE Enforcement Policy Manual looking for any provision similar to 541.314 regarding attorneys (not having to be salaried to be exempt). I found none. The IWC Orders establish a criteria that do require sal…
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From the FLSA provisions themselves US Code, Title 29, Chapter 8) "If such employee is employed as a seaman on an American vessel, not less than the rate which will provide to the employee, for the period covered by the wage payment, wages equal to…
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Don, unless, the contract specifically calls for the all emplyees in the unit to be non-exempt or that this partiuclar position is non-exempt, then the question is not addressed by the contrct and past practice would be relevant. HCA did not say th…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-28-04 AT 05:26PM (CST)[/font][br][br]Is this guy the only exmept in the contract? What has the practice, under the contract, been for represented exempts in regard to paying them overtime? Is there…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-27-04 AT 04:59PM (CST)[/font][br][br]Go to the FLSA regulations in the Code of Federal Regulations, Volume 29, Sections 785.27 through .41. These particular regulations discuss training time and trave…