LindaS
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Regardless of where the error occurred, the fact that the ex-employee received pay for which she was not entitled remains the same. If the former employee refuses to cooperate, you need to decide whether or not to file legal action against this per…
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There have been previous discussions regarding the "rounding" of timeclocks so you may want to do a search for "time clocks" and see what you come up with. As far as the legality of the policy, non-exempt employees must be paid for all hours worked…
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Agree with Jmcaa - if this is their scheduled work hours, I would not allow them to utilize and additional paid time off to "make up" their hours.
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I'm by no means a legal guru but my thought on this subject is that, in absence of some type of discrimination based on one of the protected categories, I really don't think there is much that can be done. If this were a union situation things migh…
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My advice would be to have the employee report at 8:00 as normal, punch out to leave at 8:30 (paying her for her travel time), and report back to finish her shift. I would not pay a non-exempt employee for time not worked.
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My understanding of the FLSA is that FMLA absences are one of only a couple of instances wherein an employee CAN be docked pay. Check out the DOL website - [url]www.dol.gov[/url] to get more information.
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That's what I thought as well. Thank you.
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My suggestion is to provide management with a copy of the FLSA that addresses non-exmpt employees and their pay. You can also provide them with information from other lawsuits that have been filed by employees for the same infractions and show mana…
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In my former life I was in charge of payroll for a 500+ employee organization that encompassed 3 worksites. We had a bi-weekly payroll and I normally had at least one timsheet from each employee and was able to tell quickly who did not turn one in.…
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Clarkbar - I totally agree with your statement. I forgot to mention that my former boss (who made the decision to switch the employee) knew the FLSA laws just didn't feel they applied to that company.
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If you have a company policy that addresses falsification of timesheets you can point that out to your boss. At some point someone higher up than your boss is going to get wind of this so I would suggest that you keep copies of the information you …
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Our policy is points based as well. It is as follows: 1 point for any absence under 4 hours during a shift. 2 points for any absence 4 hours or more during a shift. 4 points for a no call/no show (have to call within one hour of the start of the s…
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Yes you can have different standards as long as they aren't based on things such as sex, religion, race, etc.. Many companies, mine included, have different standards for when OT pay starts especially with a CBA (like mine). As long as you adminis…
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Ditto to Brad's answer.
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Agree with BBarrett - only pay OT when the time is worked. The FLSA states that time and one-half is to be paid for any hours worked over 40. The 40 hours does not HAVE to include vacation, sick, or holiday pay (although it can if your policy allo…
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I agree with having some sort of policy for payment for "show time" and your state regulations may address this as well. I do, however, feel it is unfair to the employee that he is able, and willing, to work but is forced to use PTO time just becau…
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This is something that has been addressed in this forum in the past but I will give you my take on it. If an employee is overpaid, the employee has a responsibility to repay those funds. Failure to do so would be no different than if that employee…
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I've never heard of any such thing either!
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Netrun - It sounds as if you are following Don D.'s advice regarding keeping track of your time but I have one question. If you are being told be your employer not to work in excess of 54 hours, why are you? Just because the FLSA states that emp…
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I will try to "help" you, keeping in mind that I am not an attorney. First off, if the employer has decided that you should not have been an exempt employee in the first place and changes your status without changing your position, there may be som…
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I agree with Gillian - the regulations require you pay them according to which state they reside in and where you pay taxes into.
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My understanding of the proposed regs. is that an employee would receive the time and a half so your example of an employee working 8 hours of OT would be able to receive 12 hours of comp. time.
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As I understand the FLSA, an employee must be paid for all hours worked. If the employee is not able to leave their workstation and/or may be required to perform their job duties during their lunch, they must be paid. Even if the employee is not m…
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I would pay them according to the information they provide. Any correctiongs should be handled on the following paycheck. If they are "shorted" in their pay, explain that they are paid according to this information and corrections will be on the n…
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I am in WI which required timely payments as well (I'm assuming all states have this). When I worked in Payroll I only paid employees based on the information I had. If an employee failed to turn in their time card, they did not receive their pay …
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I am in Wisconsin and anytime I have had to stop payment on a payroll check, I always passed the cost onto the employee. I always had them sign an authorization and never had a problem although the employees are not happy about having to pay it. D…
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I ran into the same problem with a former employer and we implemented a "failure to punch" as part of the attendance policy. If an employee failed to punch, they received 1/2 occurrence and it was added to their attendance record. When requested, …
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At my former employer I remember one employee who consistently worked 10-12 hour days PLUS coming in on weekends. At one point she requested that she be allowed to leave approx. 1/2 hour "early" twice a week (even though she usually had at least 10…
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Are they "docking" this time for a couple hours' absence? How do they "reward" these "exempt" employees when they work more than 40 hours per week? If sounds as if the company wants to reap the rewards (not having to pay OT) without allowing the e…
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My understanding is that the ONLY time you can dock an exempt employee's salary is if they are using FMLA time in at least one day increments.