Hatchetman
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If your bereavement leave policy doens't spcify what the time off may be used for in relation to the relative's death, then leave it up to the employee. If the employee wants to use the one day now that's what is permitted for in your policy (if it…
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More importantly, you had the two statements from the two emplyees (wintesses) that attest to when he appeared in the work area to start his work. Unless their credibility is in question (e.g., they have animosity toward the emplyee; they rthemselve…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-06-03 AT 05:30PM (CST)[/font][br][br]I guess the worry about not paying a bill is overweighed by how an acccount clerk will feel. Okay, so the company is suppose to pay bills timely, gets a bad reput…
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I agre ewith Don. FLSA itself doesn't require that there be a sick pay mechanism, such as accrued time balance. However, if the emplyer wants to dock a full day's absence due to illness or injury from the salary, thern there must be such a compens…
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FLSA permits a salaried, exempt employee to perform up to 20% of his or her total duties in non-exempt work without jeopardizing the exempt status if the exemption is based upon the "long test." If the exemption is based on the "short test", then t…
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Since you're in Florida, take a pen and make indentations and holes in his timecard and claim that you can't determine what the employee should be paid because it isn't clear what he intended to claim he worked. Then let him go to court. And then …
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Just remember, you DO have a lot more involved with your company than your employers do, so the committment would be expected to be far greater. Unless your employees have been with you for years, I doubt that any new emplyee would consider emplyme…
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That may be do-able. But remember the possible impact. If you have other employees doing the same job, you may be jeopardizing their positions' exempt status. This is a controversial issue as individuals have different views on this (whether makin…
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Are you questioning about the exempt and pay situation or are you upset that he has excessive absences? Or both? What is the emplyee's explanation for the numerous absences due to illness?
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[font size="1" color="#FF0000"]LAST EDITED ON 11-15-03 AT 02:00AM (CST)[/font][br][br]I also work in the public sector. We have "Meet and confer" between agency management and union on issues which are subject to mandatory negotiations under the st…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-05-03 AT 07:32PM (CST)[/font][p]Only if you incorrectly classified him as exempt originally. If the position was correctly determined to be exempt originally, then he was not entitled to overtime. H…
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And don't forget the bit about the position or duties being classified as exmept or non-exempt, not the employee. So, if you deem the emplyee's position to be non-exempt, then wht you are saying is that all other estimators' duties are non-exempt.
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I don't disagree with the other posters on their basic position that you do need to address the issues with the employee. But a couple of them imply that discharge is clearly down the road if the employee doesn't straighten up in performance. It m…
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If it was the employee's decision not to use the hotel, and the emplyer has no cost as a result, then why should the employee be reimbursed? Althugh, some employers probalby have a travel allowance for hotels and meals, and if so, the allowance shou…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-24-03 AT 06:02PM (CST)[/font][p]To answer your question from another direction...here's what you may do... You may condition an offer of employment on the candidate successfully passing a medical exa…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-22-03 AT 09:13PM (CST)[/font][p]FLSA regulation -- 29CFR541.314 -- specifically provides that lawyers, doctors, and scholl teachers practicing in their professions are not required to be salaried in o…
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Interesting about the FMLA. It may turn out to be your "life saver." Remember, if she is eligible to reduced FMLA (which she then has a right to implmeent) you may dock her pay due to missed FMLA time each day (if the doctor connects the dots betwe…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-21-03 AT 05:30PM (CST)[/font][p]No, you may still not dock the pay of an exempt under the conditions you described. If the exempt emplyee is readyl willing and able to work during any part of a week …
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[font size="1" color="#FF0000"]LAST EDITED ON 10-21-03 AT 08:58PM (CST)[/font][p]Addressing ADA and alcoholism... ADA is silent on alcoholism unlike drug addiction. Courts have held that if the alcoholism has been clincially diagnosed (by an appro…
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Toss in irresponsible private industries as well.
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If the meeting was between "union" and "management" rather than "employee" and "supervisor", you need to take a different approahc. Make your objections known as management's representative. But since you don't have a dress code, and probably em…
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Having done admiisitravie eharings for years inexamining and cross examining witnesses in disciplinary maters, here's what I used to recommend to my witnesses. Listen to the question -- all of it. Don't start until the question is complete. And an…
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Since the public sector doesn't fall under NLRA, the right of an emplyee to have a representative present is more dependent on the rights of public employees under state laws or their due process rights, or what may have been negotiated in specific …
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[font size="1" color="#FF0000"]LAST EDITED ON 10-15-03 AT 01:42AM (CST)[/font][p]I disagree with you all. Fire the employee!!!!! Just kidding. I suspect Linda S. just had a heart attack for mistakenly agreeing with me even before I posted. I a…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-13-03 AT 12:57PM (CST)[/font][p]You said the original doctor's statement related to paint and fumes. But now "she seems to be out for anything" because of her underlying medical condition and the com…
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SMace, go aheaBased on what yo've posted then, go ahead and have the emplyeee medically examined by your occupational physicians to see if she is able to pefrom the duties of the job without undue risk to herself or others. It may come back that s…
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I'm sorry. I didn't see this post until now. Asthma has obviosuly been held to be a disability since it can signficantly impair breathing -- which is a major life activity. But that doens't mean the employee is ADA-qualifed even if he had a serio…
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If Christmas Day is a work day and an employee wants to take it off to attend religious observance or for other religious reasons, not just becuase it's nice to have off assuming you wouldn't grant the time off otherwise, and is out of PTO, then, ye…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-01-03 AT 11:28AM (CST)[/font][p]Let's go over again what FLSA regs say about docking for full day absences due to personal reasons (non-illness and injury) and for full day absences due to illness and…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-01-03 AT 02:43AM (CST)[/font][p]Don't deny her the timeoff for Yom Kippur. If the supervisor has enough to give her a warning for the absences before Yom Kippur, why confuse the issue by denying her …