Hatchetman
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Take a look at the various FLSA regulaitons that address travel for non-exempt employees (and exempts probably could be included in some of them). These regualtions may provide some guidance. Take a look at hte provision in 29CFR785.35 through .41 …
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For about the last 12 or so years, Los Angeles County has a pay for performance plan but it's limited to top managers, going mainly down only two levels from the agency head (in some cases three levels, but still a manager). Oringally, the plan was …
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[font size="1" color="#FF0000"]LAST EDITED ON 11-15-02 AT 07:09PM (CST)[/font][p]Actually, FLSA regulation 29CFR785.18 sets the window as from 5 to 20 minutes, not 30. While I don't think that the FLSA regulations regarding break time envision it a…
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As far as picking up other employees, unless that is required of him by the cmpany, the answer would be no. I assume he has to get to the site by a certain time, regardless of whether or not he picks up employees or even the material from the offic…
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Maybe i'm confused by your question, but here is what the regulations 29CFR541.118a provides regarding docking for a full day for an exempt employee who doesn't have any PTO time or has exhausted it to cover an absence for personal reason for for il…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-18-02 AT 07:31PM (CST)[/font][p]In response to your questions: "Case 1: Public employer; Exempt employee on maternity leave; FML activated; our policy is to use all available sick leave - use of >…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-15-02 AT 12:14PM (CST)[/font][p]Whether and when breaks and meal periods have to be given are addressed in state law. However, FLSA does identify that short breaks, 5 to 20 minutes, that really don't…
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It should be no problem. Firstly, an employer may even deem an exempt position to be non-exempt. And you're doing it at the right time: when the old employee leaves the position and before the new employee comes on board. And you say that you're…
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Chris, it looks like you may need to get a useable understanding of FLSA. I suggest you go to the US Department of Labor website responsible for administering FLSA. It has an interactive program, called "eLaws Advisor", that will help answer and e…
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FLSA requires that emplyees who are exempt from the overtime and minimum wage requires be on salaired status. However, there are very specific exceptions to that which are identified in FLSA: Computer programmers who are paid at least $27.63 per h…
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FLSA has no "undue hardship" criteria for FLSA. For the private sector FLSA rquries that the non-exempt emplyee be paid time and one-half the hourly rate employee works for overtime. There is nothing in the law for the empolyer to cite in order cla…
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Anapier, I'm not familiar with Lousiana wage and hour law, but I suspect it is the same as federal FLSA, or doesn't addres the specific issue your rasing (which means that FLSA regs would apply in Louisiana). FLSA reg 29CFR541.118(a)(3) do permit t…
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Don, below is the specific wording of 541.118, including the subsection (a)(3): Sec. 541.118 Salary basis. (a) An employee will be considered to be paid "on a salary basis" within the meaning of the regulations if under his employment agreement …
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Don, my 9-25 post paragraph refers to the emplyer's ability to deduct from accrued time balances of the exempt emplyee for partial days' absences. That's DOL's position because they don't see fringe benefits, such has a sick leave plan or policy, t…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-20-02 AT 09:04PM (CST)[/font][p] Don, I apologize for not responding earlier to your post, but I just came across it. My earlier post about being able to deduct an exempt employee's accrued time bal…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-14-02 AT 01:16PM (CST)[/font][p]If the employee is exempt and not on FMLA intermittent leave, then you would have to pay the "salary" for that entire day since you may not otherwise dock the day's sal…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-25-02 AT 08:23PM (CST)[/font][p]I want to make sure I understand what the HR person is suggesting and what your particular concern is... The HR person is suggesting that if the exempt employee is abs…
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There's a lot of debate about whether or not an emplyer can compesnate an exempt employee for work in excess of what the salary is suppose to cover. Take a look at 29CFR541.118(b). It specifically addresses the issue of the employer's ability to p…
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I've done HR in public sector for 23 years, I say pay him. The exempt employee was required to work on that day. So, you can't dock sick pay unless your governmental entity has enacted ordinance or laws that permit the partial day dock of an exemp…
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Since the employee is salaried, with the identification of the hours of work --6 a.m. to 7 p.m. -- 11 hours a day-- 5 days a week (I assume) the employer has now identified on what basis the salary is calculated (55 hours per week is what the salar…
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What we do... Overtime is worked, accrued and used in a full "shift" basis when it is worked on a regular day off with approval of management. For example, if the exempt employee regularly work Monday through Friday and then works 8 hours on Satur…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-27-02 AT 04:56PM (CST)[/font][p]Does your company allow exempt employees to accrue overtime for full days worked on a regular day off. If he worked Saturday and Sunday, why don't you give him accrued…
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Sounds like your managers are abusing the job by giving some AA's more duites and hirgher level duties that the compnay doesn't intend to be part of the AA job duties. Is there a standard job descriptions for the administrative assistant job? The …
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I agree with Don. From my resource material and what I have constantly found in reading on the deduction issue for exempts, DOL looks at the salary, not at fringe benefits. And to the same token, it is okay for the employer to let the exempt employ…
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Actually, under FLSA, it is possible for hospitals and residential facilities to combine work weeks. Since you say your daughter works at a daycare facility, I assume that's what it is -- and there is no residential aspect to it. But make sure. M…
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The issue for your company is whether is how much "freedom" the employee enjoys while on the "on-call status." For example, if the employee is at home, has a cellphone, beeper, or home phone through which he can be reached, and is basically free to…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-12-02 AT 08:18PM (CST)[/font][p]Generally, an "exempt" employee must be salaried...that means he or she gets a pre-determined amount of compensation for specific period of time -- usually a week -- wi…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-08-02 AT 06:29PM (CST)[/font][p]A "salaried, non-exempt" status is permitted under FLSA. It means that an emplyee receives a regular salary for the week, and since the hours worked are covered by tha…
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Your state law addresses the frequency of paydays. What state are you in? You can probably find the answer to your question for your state by going to your state government's website and looking for the agency that handles labor and employment law …
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Bascially, if an employer incorrectly misclassifies the position as exempt when it is non-exempt, DOL can go back two years if the error was unintentional to assess back payment for overtime. However, if the error was willful or taken in bad faith,…