Margaret Morford
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I know you won't like this answer, but if the company policy (or probably practice) states that sick time is not counted toward the computation of overtime, it is legal. Some companies also exclude holiday pay, vacation pay, etc. Margaret Morford …
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If you draw a Wage and Hour audit, they can go back two years for a violation, three years if they decide it's willful. You can always reclassify a job at any time. Are you changing the classification because the job duties have changed or because …
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I agree with Rockie's answer. One concern I would add to his answer is that this keeping track of hours so closely could lead to losing the exemption. Wage and Hour takes a dim view of employers who use the exemption not to pay overtime, but count…
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Pete, The service that I was most impressed with when we looked at outsourcing payroll was a company called Paymaxx. We had 1,500 employees in 26 locations across the country. I have recommended Paymaxx to clients in the past and they have been r…
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Gracie, I did a quick poll of my clients and they are all using Kronos or an internally developed system. They all had good things to say about Kronos and its reliability. Hope that helps. Margaret Morford theHRedge 615-371-8200 [email]mmorford@…
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You should check your state laws because many states have statutes mandating payment for jury duty. Margaret Morford theHRedge
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I hope your employer realizes what a star you are! Will you share with the group the types of jobs these people were doing, so that we can all benefit from your experience? Also, how many people in your organization hold these jobs? Will you also…
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I don't have a questionaire, but I can tell you that it's rare that someone qualifies for this in Wage and Hours' opinion. They have to have lots of discretion in acting, arranging their work, etc. Usually the only one that can qualify is the AA t…
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Would you be willing to provide your questionaire to the other forum members? If so, fax it to 615-371-8200 I'll see that Christy gets it to put in the forms section of the forum. Margaret Morford theHRedge
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This employee is bad news and not likely to get better. If I could verify that she is working elsewhere I would and terminate her employment. You need legal advice, but that's the most practical way I can think of to deal with the situation. Marg…
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If these people are part of a "first responder" or safety team, you maybe required to offer hepatitis vacinations to anyone that wants them. Check your OSHA laws to see if it's required for this activity. Margaret Morford theHRedge 615-371-8200 [e…
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Also check the "Good Samaritan Law" in your state for additional protection. Margaret Morford theHRedge
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I think he/she probably is protected under ADA (ADA specifically covers epilepsy), but it sounds to me as though you are reasonably accomodating him/her by given them time off when the have seizures. The only other thing you might want to consider …
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DTM is exactly right. However, does your company have a relationship with a rehab clinic? We had an employee who had to put her daughter into rehab. Our company got a significant discount at the facility. We had the rehab billed to the company s…
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Check your state laws. Some states require notification and some require the permission of the effected employee group. Some also require you to pay overtime after 8 hours. Margaret Morford theHRedge
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You're smart to be concerned about protecting other employees' privacy. If you publicize the entire scale, everyone will know at least the minimum any one is making in their job. I suggest showing each individual their own job grade band so that t…
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I am assuming that this employee is exempt. Intermittent FMLA is one of the permitted exceptions to the Wage and Hour requirement not to reduce an exempt's pay for hours worked. You'd be fine in paying her for hours worked so long as she is on int…
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Make sure you check the laws in your state regarding how to count hours for jury duty. Many states require that you count that time as hours worked. One other suggestion, I usually recommend that you count bereavement as hours worked. Bereaveme…
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A car allowance (Stay away from the company car benefit.) X dollars per year to do financial planning. Executive physicals. Club memberships. The company CPA firms does the annual income tax returns of the executive group. Hope this helps. Margare…
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I called several of my client companies and they all classify HR Assistants as non-exempt. Hope that helps. Margaret Morford theHRedge
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Just to clarify, your policy should read "scheduled" day before and after a holiday. This means that if anyone is on jury duty, takes a few extra vacation days to lengthen their holidays, bereavement leave, etc., they still get holiday pay so long…
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While I am in favor of writing plenty of flexibility into policies to allow managers to manage your business, most companies that have this type of holiday policy strictly enforce it because its purpose is to prevent an inordinate number of employe…
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Rockie, I appreciate your raising this issue. The DOL has always said that you can pay exempt employees for more than 40 hours in any manner you choose, including offering comp time. However, you cannnot treat them like non-exempt employees and do…
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I agree with Down-the-Middle. Every company I've ever known that puts in a comp time policy lives to regret it. I think that you have two issues going here. Comp time as you are thinking means giving non-exempts time off in lieu of paying overtim…
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We used to have an employers group who did its own salary and benefits survey. Annually, one member took responsibility for desiminating the surveys and collecting them. Each company was given a letter A, B C, etc. The Responsible Company kept th…
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Reactive Solution One other suggestion, but have HR handle it because it's tricky. Have HR call the employee and ask if he/she wants to come in and pick up their final check rather than waiting for it to be mailed to them. Most employees will say…
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If they are salaried exempt, you are not required to pay overtime. The fact that your company does is an additional benefit. You would not be required to pay exempts overtime for working a holiday. However, because it's so awful to ask people to …
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I think you have a privacy problem as well as an employee morale issue. Why don't you get the employee to fill out the paperwork and seal it in an envelope stamped and addressed to the doctor. Have the employee come by the office to check their na…
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Some states and cities do have laws protecting smokers rights (Kentucky and New Orleans to name two). I don't know where you are located, but you do need some legal advice for your area. Try not to over react. Too many times the company drafts po…
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You are exactly right. If they are hourly and work through their meal break, you must pay them for that time. You can make them leave early to avoid paying overtime. If they continiously do this, address it by issuing corrective action for not fo…