Hatchetman
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[font size="1" color="#FF0000"]LAST EDITED ON 01-09-04 AT 04:34PM (CST)[/font][br][br]Assuming your company of 5 perople falls under FLSA, as long as the exempt salaried emplyee did not work that day, yes they can get paid benefits for half a day. …
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[font size="1" color="#FF0000"]LAST EDITED ON 01-07-04 AT 06:03PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 01-07-04 AT 05:59 PM (CST)[/font] The most common way to do it for rounding purposes is tho the nearest unit of pay …
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I assume if the emplyee worked 1 minute beyond their quitting time, the comapny paid 15 minutes...and if it resulted in FLSA overtime, at time and a half. If you didn't do that prior to your recent change you may owe big on overtime or have to res…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-31-03 AT 12:51PM (CST)[/font][br][br]I agree with Parabeagle and Don. However, Parbeagle wasn't quite correct regarding not being able to dock salary for illness when paid sick leave is exhausted. I…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-24-03 AT 03:13PM (CST)[/font][br][br]What does your policy say about an employee receiving paid holiday time. Some employers require that the employee be on a paid status on both sides of the holiday…
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Well, I too work in a public sector mental health agency. We also have mobile responses team to handle psychiatric emergencies on a 24/7 basis. Many years ago, the powers that be for my governmental jurisdiction decided that all emplyees who were …
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FLSA does permit the salary to be docked for full days of absence due to personal reasons (non-illess or injury) even f there is not paid time benefit the emplyer offers. The same is not true for full day absences due to illness or injry (for that …
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Firstly, if your workforce in the company is only 30 people, then your company would not fall under FMLA (but check New Hampshire law for an FMLA type law that may your company may meet). Let me understnad... in your company, employees do not acc…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-15-03 AT 04:35PM (CST)[/font][br][br]An exempt employee who works for part of the day must be paid for the full day (unless on reduced FMLA or in the public sector). This is to be done even if the co…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-10-03 AT 06:29PM (CST)[/font][br][br]The link below is to the California Industrial Welfare Commission's Wage Orders for various industries (these are the regulations that are based upon the Californi…
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I think you may be taking the word disaiblity to mean only an ADA type disability. I think you can include in the term "disability" broken legs, other injuries, etc, that result in the emplyee not being able to work on a particular day. I thi…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-24-03 AT 11:01AM (CST)[/font][br][br]Remember what's classified are duties of a job, not the individual or the shift. Thus, if you deem a position of a job to be non-exempt even though it could quali…
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Be careful about sending her home. Check your state wage and hour laws regarding callng an employee back to work, "reporting pay" or split shifts. You may wind up paying for more time that way, including overtime.
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[font size="1" color="#FF0000"]LAST EDITED ON 11-12-03 AT 12:15PM (CST)[/font][br][br]Why not just prohibit them from reporting to work in an intoxicated state or under the influence of alcohol or drugs, even when called backed to work? That way yo…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-11-03 AT 05:36PM (CST)[/font][br][br]Another source to check, which is primarily based upon the Labor Code provisions cited by HRsage, is the California Industrial Welfare Commission Wage Order for yo…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-07-03 AT 02:43PM (CST)[/font][p]It's more than just an ethical quesiton, there is a legal problem NOW. I would simply let the VP know of FLSA requirement regarding exempt status. Take a look at FLSA…
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DOL under FLSA regulations doesn't prohibit requiring an exempt salaired emplyee fromclocking in and out There may be reasons for doing it, such as for billing or for disicplinary control The problem comes if the emplyer attempts to base the weekly…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-28-03 AT 10:59AM (CST)[/font][p]Under FLSA regulation, if you close down for a day (or even 2 days) and the exempt employee was ready, willing and able to work that day, you would would not be able to…
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The genral approahc under FLSA that DOL seems to take is that rounding is a reality. So, you round to the nearest pay unit. If you pay in quarter hour increments then the 7 minute (7.5 minutes) makes sense. The real test comes of course the other…
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Interesting problem. Iunderstand the issue to be that the emplyee is exempt, but works in an area which is currently undergoing sanding and painting of the office area (I misunderstood and though that she worked in some type of assembly area of a f…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-27-03 AT 10:14AM (CST)[/font][p]Is this an ongoing sporadic problem or was it just for one day? Is this emplyee really exempt? If she is unable to perform the essential duties of her job because of …
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[font size="1" color="#FF0000"]LAST EDITED ON 10-22-03 AT 05:40PM (CST)[/font][p]Since the day after Thanksgiving and the other "day after holidays" are regular work days, even if they are shortened, the exempt employee who wants to be off for the …
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hrinmi, are these salaried exmepts or non-exmepts? If the latter FLSA does address salaried, non-exmepts who work fluctuating hours. Essentially, they receive the same salary week in week out, without docking, regardless of the hours they work. And…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-10-03 AT 10:59PM (CST)[/font][p]Look at the various FLSA regualtions (29CFR778) that discuss Salaried, Non-exempts, of which there are basically two types...but one which really is salaried under the …
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[font size="1" color="#FF0000"]LAST EDITED ON 10-04-03 AT 01:51PM (CST)[/font][p]Regrding the exempt, salaried managers working extra days, you may pay them, under DOL interpretation of 541.118(b), overtime, even hourly, either as "cash" or as comp …
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I don't know if there is a specific "legal definitionL, but generally day labor is work that is done for a coupple of hours or a day (the work iinvolves usually a specific task or project) and the rate of pay is "determined" just for that day, betwe…
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The same thing that happens when the 40 hour exempt employee works 50 hours. Nothing in the way of more compensation.
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If this reduction from an expectation of 40 hours per week to 20 hours per week in the exempt employee's schedule is permanent (i.e., you'd be hiring another 20-hour employee to do this job if the current employee left), then reduce the salary accor…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-10-03 AT 11:05AM (CST)[/font][p]Yes, the exempt employee who has exhausted sick pay benefits may be docked for the full day of absence due to illness or injry. Take a look at the Code of Federal Regu…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-08-03 AT 04:29PM (CST)[/font][p]Under US DOL formal Opinion on FLSA regulations (at 29CFR541.118), the employer may charge accrued time balances for partial days' absences without jeopardizing the emp…