Hunter1
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turbo: I'm going to take a somewhat contrarian view of this situation. You are a degreed, exempt, HR employee who thinks way too much like an hourly: You've tracked your time before you knew there was a problem, you work at least three jobs for…
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If the position is listed as a covered position in the recognition clause and there aren't any special arrangements for overtime for the position, yes, I believe you have to pay him time and one-half. The contract most likely defines overtime and i…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-28-04 AT 10:55AM (CST)[/font][br][br]The confusion is that the 'regular rate' is only the rate which is used for computing overtime. It has nothing to do with the rate(s) you pay the employee for hou…
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If I understand your question, no, you don't need to pay the weighted average for the regular time, just the overtime. The benefits question is controlled either by your policies, or possibly by the SPDs of your benefit plans. Do they say that an …
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If these employees are indeed salaried exempt, then they are being paid for their hours. No limits.
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Good arguments? Look at your holiday policy, does it indicate that employees will 'receive the following days as paid holidays'? Will you be in violation of your own policy if you 'short' employees by a day? Pay them for six days that week? At …
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Don't think your contract idea is going to work, but how about adding time to their 'official' time sheet to compensate them? If it takes them 5 minutes, agree to add a quarter hour, and tell them to keep track of any day that it takes more than 15…
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Dutch: Thanks for the quote, it's one of my favorites. Unfortunately I have been attributing it to Wonder Dog.
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Unless you have some kind of contract with the employee or are subject to a union labor agreement, the employER is always in charge of hours worked. If hours are cut enough, the employee may be eligible for partial unemployment comp, but as the emp…
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A couple of things to watch out for: there may be a state requirement which mandates benefits depending on hours worked. Generally not, but maybe. Also, your benefit plan documents may allow/require benefits at a certain level of employment. We…
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I think you need to deal with this in your policy. We would not allow this practice. Either you're on paid time off or you're working, but not both. In your case, we would just allow, say, three hours on vacation and five hours worked if the empl…
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State Labor Department, Equal Rights Division: Labor Standard Bureau Policy Statement, 1/13/2000. The basics are: DD may be mandated if wages are paid into a WI bank and the ee does not incur any charges in order to receive the wages. Participat…
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Well, I'm not Hatchetman, but if I understand your situation correctly, and if you have these employees correctly classified as exempt, you can do what you're doing. Exempt employees are paid a salary to get the job done, and the money you're payin…
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I agree with Rockie: Don't allow LWOP until an employee's leave bank is exhausted. The only other question I'd have concerning your 'make up the time' policy for non-exempts is that you do have them make it up in the same week, right?
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Can't help with RI law, but, in general, no, you don't have to comply with a request to pay out comp time (except at termination). Here's the catch: In order to have a comp time system for overtime, you need the employee(s)' agreement to a comp ti…
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Wow! "any known laws" That covers a lot of territory. Unless there's a state law, I believe you can terminate for not working mandatory overtime. Follow your normal discplinary procedure.
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Go to [url]www.dol.gov/dol/allcfr/Title_29/Part_785/29CFR785.40.htm[/url] Toggle back and forth to the next couple of sections and it may give you your answers.
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Do a search for 'hidden paychecks'. There was a recent discussion.
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My understanding, and our practice, is that the whole transaction is between the employees. (The regs DO require that the employer approve the trade) We do not pay the employee who works. He/she just has a day coming from the other employee. The…
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Sonny: Look to Section 7(p)(3) of the FLSA. It provides for "shift trading" among public sector employees. There are certain restrictions, but one public sector employee can trade shifts with another without creating overtime liability on the par…
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Right!
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None that I'm aware of. Can't think of why it may have been started in the first place.
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Yes, you do have very liberal benefits. I can see (maybe) paying 2X on Sunday, but 2X after 48? That IS generous. I'm not certain, but I don't think FLSA and WFMLA interact in this way. FLSA requires that you pay time and one-half after 40 hours…
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Don't know about the legalities of it, but we discuss it with the employee. To some, missing $20 will result in the rent not being paid, to others, missing a paycheck wouldn't be a big deal. We don't ask them to justify issuing a check, just: "Do…
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We routinely do it, but it is part of our vacation policy. Vacation gets 'booked' on the first of the year, but it's not earned until the anniversary date. That's explained to new employees, so they understand that we will pro-rate vacation on act…
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Well, it didn't take a month to get a reply here, did it? If your husband made arrangements to go to part time, there should have been a discussion of what that meant in the way of earnings, benefits, etc. I'd say that it is customary practice to…
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Kudos to you, Frank! Yes, there is a lot of misinformation out there, lots of it put out by unions. I recently read a 'news' story in the local paper about how local police and firefighters would lose overtime pay under the new regs. I don't know…
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Under the FLSA, you are allowed to have a practice of rounding to the nearest 5 minutes, one-tenth of an hour, or even quarter hours, providing that the practice results in employees averaging out so that they get paid for time worked. We round to …
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Since there are no responses, I'll take a stab at this: Yes, you can reduce an employee's pay for poor performance, just like you can increase an employee's pay for good performance. Piece work or commissions do this kind of automatically. I'll l…
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Since there's no federal requirement for personal leave, I doubt that there would be any requirement for pay in lieu of notice. It seems to me that it would just be taxable income in the year it's paid.