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Hatchetman

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Hatchetman
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  • [font size="1" color="#FF0000"]LAST EDITED ON 03-10-03 AT 04:48PM (CST)[/font][p]Since I'm not in Tennessee, I checked the state government's website for labor. The relevant legal provision is in Title 50, Chapter 2, General Provision 103(d)is: …
    in Lunch Comment by Hatchetman March 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 03-05-03 AT 07:40PM (CST)[/font][p]There's is something called a "9/80" that on the face of it resembles what your describing because most people only conceptualize the work week starting at 12 midnight …
    in carrying over time Comment by Hatchetman March 2003
  • Firslty, are these inside or outside sales people? Secondly, are they being paid any salary, or is compensation just based upon commission? Outside salespeople don't have to be salaried to be exempt. If they are customarily and regularly engaged i…
    in Paying Exempt Sales 4 day per week Comment by Hatchetman February 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-26-03 AT 06:48PM (CST)[/font][p]Lori, are these exempt salaried, or the rare, non-exempt, salaried? There is a difference. Also, what happens within those five days? Is there some type of compensat…
    in Deducting Exempt Employees Pay Comment by Hatchetman February 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-26-03 AT 01:03PM (CST)[/font][p]Take a look at FLSA regulations regarding caluclating the "regular" rate of pay...29CFR778. The particular issue is addressed in 778.200(a)(6). Since you are paying d…
    in average hourly wage Comment by Hatchetman February 2003
  • If I can offer my non-legal opinion, the issue is whether or not you have to pay the employee's salary for any week in which he or she did not work. That you may dock the entire weekly salary because the employee performed no work at all during the…
    in Disciplinary action for exempt salaried employee Comment by Hatchetman February 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-20-03 AT 01:18PM (CST)[/font][p]If an exempt employee is absent due to personal reasons (as compared to absnt for a full day due to sickness or disability), you may dock that day from the salary for t…
    in Work 8 Paid 40 Comment by Hatchetman February 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-20-03 AT 01:42PM (CST)[/font][p]I also work in a County government. If your jurisdiction has approved comp time for overtime, under FLSA there is a maximum of 480 hour that can be accrued (320 hours …
    in Comp time - again Comment by Hatchetman February 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-19-03 AT 01:12PM (CST)[/font][p]Check your state's laws on what they may say about docking salary to recover unnecessary employer costs created by the employee's actions or lack of them. Fedral FLSA d…
    in Pay Deducts for Exempt Employee Comment by Hatchetman February 2003
  • FLSA regulation on exempt status employees -- 29CFR541.118(a)(1) --provides: "an employee will not be considered to be 'on a salary basis'if deductions from his predetermined compensation are made for absences occasioned by the employer or by the o…
    in Exempt Employees Pay during plant shutdown Comment by Hatchetman February 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-12-03 AT 10:39AM (CST)[/font][p]While DOL has given opinions that an emplyer may charge accrued time banks for an exempt employee's partial day's absence (when not on FMLA), there is no requirement or…
    in Use of Partial days for Exempt Employees Comment by Hatchetman February 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 02-11-03 AT 07:18PM (CST)[/font][p]Correct the inappropriate docking ASAP. Remember, if they are truly exempt, then, in the private sector, you may only dock the week's salary for full days' absences …
    in Docking Exempt Pay Comment by Hatchetman February 2003
  • Pork, the 8-80 rule is for hospital and residential care facilities and is established in the Fair Labor Standards Act regulations at 29CFR778.601. It basically allows the employee and employer to do away with the traditional FLSA work week and go w…
    in 8-80 rule Comment by Hatchetman February 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-28-03 AT 09:36PM (CST)[/font][p]I agree with Theresa. And I have to disagree with Prk. If the positions are non-exempt, then pay them on a waged (hourly) basis, not a salaried one. Don't go through …
    in Exempt Employees Comment by Hatchetman January 2003
  • For the FLSA basis in computing overtime for the two jobs, go to the FLSA regulations (Code of Federal Regulations, volume 29, Section 778) [url]http://www.access.gpo.gov/nara/cfr/waisidx_98/29cfr778_98.html[/url] Take a look at 778.315, 778.400…
    in Overtime Nighmare Comment by Hatchetman January 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-13-03 AT 01:40PM (CST)[/font][p] Sounds as if the company wants to pay the employee a salary for 15 hours (every week). Sounds as if the company is willing to pay straight time rate for any hours wor…
    in Employee classification Comment by Hatchetman January 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-06-03 AT 05:27PM (CST)[/font][p]Sounds like your in the public sector? Is that, correct and which state are you in? Public sector employers can control a little bit more the pay of exempt employees…
    in partial exemptions? Comment by Hatchetman January 2003
  • [font size="1" color="#FF0000"]LAST EDITED ON 01-03-03 AT 03:44PM (CST)[/font][p]I guess it's okay for the employee to set his or her own schedule as long as it is at least 20 hours per week. I would think that the company would want a set schedule…
    in Half Time vs Part Time Employees Comment by Hatchetman January 2003
  • An absence for personal reasons for a full day may be docked from the exempt employee's salary. An absence due to illness or injury for a full day may be docked from the exempt employee's salary IF the employer has a compensation mechanism in a sic…
    in Policy for Exempt Employees Comment by Hatchetman December 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-23-02 AT 01:37PM (CST)[/font][p]Assuming the suspension wasn't for a violation of a major safety rule, if the exempt employee works any part of the week and is suspended DURING the week, then the empl…
    in exempt suspension/termination Comment by Hatchetman December 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-13-02 AT 08:17PM (CST)[/font][p]It's the hours entitlement. The regulation says pay out at time of termination (discharge or quitting) is at the wage rate then in effect unless there is a collective …
    in Vacation rights when CA Ee's pay or schedule is reduced Comment by Hatchetman December 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-27-02 AT 06:50PM (CST)[/font][p]Don, since the early/mid-1990's, the US Department of Laobr has issued repeated opinion letters stating its position that FLSA DOES permit the private sector employer t…
    in Comp time - when? Comment by Hatchetman December 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-12-02 AT 03:51PM (CST)[/font][p] You've got a couple of issues going... The individual is not the government's regular employee in the main job, since she is from a staffing agency, right? I assume …
    in Temporary employee Comment by Hatchetman December 2002
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-12-02 AT 10:21AM (CST)[/font][p]Under FLSA, if the employer closes for less than a week, and the exempt employee works any part of that week, then the days the company is closed must be paid as part o…
    in Pay for exempt employees for business closing Comment by Hatchetman December 2002
  • I asume that when you say the company doesn't pay for any sick days that you dont' have accrued sick leave time yhat will cover an exempt employee's absence due to illness or injury. FLSA regulations provide very definitive situations when an emp…
    in deduct a day from an exempt employee? Comment by Hatchetman December 2002
  • Mrgeraci, in defense of what I posted, I cite FLSA regulation 29CFR541.118(a)(1). "An employee will be considered to be paid "on a salary basis" within the meaning of the regulations if under his employment agreement he regularly receives each …
    in office closed for inclement weather, pay or no pay Comment by Hatchetman December 2002
  • While you can dock your non-exempt wages for the closed day, you probably aren't going to be within FLSA to dock your exempt (salaried) for the closed day. The decision to close the company was managment's. If the exempt employee was ready, willin…
    in office closed for inclement weather, pay or no pay Comment by Hatchetman December 2002
  • Having worked in public sector HR for over 20 years, I'm not quite sure what the brouhaha is about from an HR point of view. Obviously, an attorney will need to address whether or not the note signed by the City Manager is sufficient to be seen as …
    in Public Sector Exempt - Wha'd ya think? Comment by Hatchetman December 2002
  • There may be what DOL considers to be acceptable reasons for tracking time of the exempt employee or knowing when he or she is in or out of the office: e.g., billing; liability; ensuring adquate coverage of certain duties. Also, since DOL doesn't h…
    in Timekeeping for Exempt Employees Comment by Hatchetman December 2002
  • If the hourly employees are relieved from their job duties during while they are at meals then you do not have to pay them.
    in Travel out of state Comment by Hatchetman December 2002