Hatchetman

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Hatchetman
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  • The 26th deadline, is for wages that were earned between the 1st and 15th of that month. The wages that were earned between the 16th and end of the month are due by the 10th of the following month. Monthly salaries for exempts are due by the 26th …
  • I assume you realize that FLSA and, I suspect, all state wage and hour laws do NOT require that there be any spread between the compensations for non-exempt and for exempt employees.
  • I assume she is an Registered Nurse and as an RN supervisor, she'll still be exempt, right? Will the work be in addition to her regular job or temporarily replacing it entirely? She she's exempt already, why don't you give her a bonus of some kind…
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-20-03 AT 08:02PM (CST)[/font][p]MS... you say "police agency"...is this a city government or state goverment agency. Under FLSA, public sector, non-exempt emplyees, at the enactment of policy by the…
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-14-03 AT 01:24PM (CST)[/font][p]Since you are in the public sector, your best bet is to check your County's compensation regulations and ordinances, as well as your state's as they may apply to the si…
  • Thoise lim its, are set by each individual state. Since you mention California,there are some standares or requirements. Take a look at the Califonria State Deparmtent of Industrial Relations Laobr Commssion Wage ORders (Industrial Welfare Commssi…
  • First question, are any of the administrative employees "FLSA exempt" or non-exmept" (are they paid hourly or salaired? do they get "time-and-a-half" for over time? For exempts, you need to be vary careful on how you set up the furlough: One day …
  • The regulations have been submitted for public comment and the comment period is over. It is anticipated that the regulations will be published, as I recall, around the beginning of next year.
  • Don, I am not angry. In your original post you you the term "misclassify" as if the city erred by classifying only the department heads as exempt. I don't see that as a misclassificaiton. It was a deliberate call NOT to make exempt employees exe…
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-18-03 AT 10:44AM (CST)[/font][p]Try the US Department of Labor Website and look at its "elaws Advisor" [url]http://www.dol.gov/elaws[/url] Also, the complete FLSA Regulations can be found at: [url]…
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-06-03 AT 11:00AM (CST)[/font][p] Firstly, FLSA does NOT prohibit any employer from deeming an exempt position as "non-exempt." Remember, FLSA sees the benefit to be "non-exempt." That's why the emplo…
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-04-03 AT 05:10PM (CST)[/font][p]In essence what the court held was that the State as an employer could not garnish wages that were due to the employee simply because the money owed was that of the emp…
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-07-03 AT 10:01AM (CST)[/font][p]>When an exempt employee takes time off work, either partial or full >days, can I substitute sick or vacation pay for the time off? What >happens if the exem…
  • Yes, it would be included because it would not be considered a discretionary bonus at the time it was paid out. From the wording in 29CFR778.21(b), which draws one type of distinction between a bonus which is discretionary, and therefore not part o…
  • [font size="1" color="#FF0000"]LAST EDITED ON 08-18-03 AT 10:09AM (CST)[/font][p]Why would you consider it work time and thus paying time and a half to those employees who take it in a work week in which they already worked 40 hours? It clearly isn…
  • Yes...just about all bonuses need to be calculated into the hourly rate to determine overtime. The only exception to this are what are called discretionary bonuses. Those are unpromised bonuses that aren't related to any production or any other ef…
  • That's okay Neveradull...I was ticked off that day. It seems that When I finally went to the lobby to help the citizen who came to my government office, she had already left after waiting for 4 hours...I was upset that I had to stop my competer poke…
  • Being a local public sector HR employee, I don't think it is fair to make the statement "Neveradull" posted. Where do you think public sector employees come from? They are neither generally better nor worse than HR private sector employees. Each o…
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-17-03 AT 03:38AM (CST)[/font][p]If you want the overtime to stop immediately...do escort the employee out. FLSA is quite clear that it is up to management to implement effective measures if it does …
    in Overtime Comment by Hatchetman July 2003
  • She can't be paid hourly if she's exempt unless she's a physician, a LAWYER, or a school teacher practicing in the particular profession. (Computer professionals systme deisigners, analyst, etc, can also be that way.) And it doens't sound like sh…
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-08-03 AT 03:40AM (CST)[/font][p]FLSA identifies that for calculating the regular rate of pay upon which overtime pay (as well as regular earnings) is based for the non-exempt employee, "non-discretion…
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-02-03 AT 07:53PM (CST)[/font][p]HRQ, don't feel troubled. No one, from what I've seen, gets it all initially. It takes re-working the possibilites and constant re-reading the regulations and discuss…
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-01-03 AT 08:46PM (CST)[/font][p]You've put "salesman", "exempt" and "salaried" together. I assume that this is an outside salesman, who don't have to be salaried to be exempt? You really do mean exem…
  • There is always the outside possibility that there's a disability issue lying underneath her claim. Or perhaps she confusing non-exempt for exempt. At theis point, while there is no obligation to do so based upon what you posted, I would have her e…
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-24-03 AT 08:11PM (CST)[/font][p]I know that DOL does not post its Opinion letters. However, if you're a member of SHRM, some of those letters are posted on its website. Also, I have a hard copy of a…
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-24-03 AT 12:58PM (CST)[/font][p]DOL has issued an Opinion dealing with 9/80 that addresses your basic concern. It considers that when the exempt employee works five days a week, then each day is 1/5 …
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-20-03 AT 01:38PM (CST)[/font][p]Sounds like you need to re-word your policy and use another or more specific phrase, perhaps addressing each group that has varying work schedules. Or you could go wit…
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-19-03 AT 04:02PM (CST)[/font][p]To the extent the exempt employee is reducing the schedule by full day increments for personal reasons, you may dock the salary for that reason. To the extent that the…
  • [font size="1" color="#FF0000"]LAST EDITED ON 06-19-03 AT 01:29AM (CST)[/font][p]As has been discussed here and elsewhere, US DOL Opinion does permit the charging of an exempt employee's hours balances for partial days' absences without jeopardizing…
  • Middle, I've read several US DOL Opinion letters on this very subject -- charging accrued leave time of an exempt employee for partial day's absence -- and while it is permitted under DOL interpretation of FLSA (accrued time is not seen as compensat…