Margaret Morford

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Margaret Morford
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  • I think that you should write some flexibility into your policies to permit managers to manage the business and to reward good employees. I also think that a few employees can be permitted to negotiate additional vacation as a part of their salary …
  • The one that I would recommend is easy to administer, easy to track in the existing time keeping system and does not require rewriting major sections of you benefit plans. Allow PT employees to accrue half the usual amount of vacation time that is …
  • I wasn't sure what type of confidential information you were trying to protect. Below is wording for three types. Hope it's helpful. If you need anything else or have any questions, don't hesitate to call me at 615-371-8200. Margaret Morford CON…
  • Many employers do not let IS people serve out a notice because of the potential damage they could do to the system. Usually they accept their notice effective immediately and make the day they become aware the IS person is leaving his/her last day w…
  • The review form for supervisors is ususally different from the regular review form. Minimally, there should be a section on "Development of Subordinates" so that supervisor are held responsible for training and passing on their knowledge to others i…
  • Your handbook should be general in scope without a great deal of detail. Mainly because you do not want to have to reprint it every time you change one of your policies. For example, it should list in general what your medical benefits are, but not …
  • Yes and no. If the rule he/she broke is not a major safety rule, you can suspend him/her without pay for one week increments without losing the exemption. In other words, he/she did no work during that pay period. If it is a major safety rule…
  • Frenchie, There are lots of threads discussing losing the exemption in these cases. The safest way to do this is to pay a bonus for the extra work. You get to decide what the bonus amount should be. Margaret Morford theHRedge 615-371-8200 [email…
  • You are correct. Employers are not required to give any vacation or sick time. Some states may have some special leave laws, but usually these are unpaid. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://w…
  • The employer gets to decide whether to give vacation and sick time as a benefit, who is eligible and how much they are eligible for. I recommend that you have a written policy to make sure everyone in each employee group gets treated the same or yo…
  • You are right to be concerned about the loss of the exemption. The companies I've seen do this, either encourage the exempts to take time off and use up their PTO (I don't believe you can force them to do this) or they make them take a week off (wi…
  • No. You cannot deduct unless they are on intermittent FMLA or during a suspension for a very serious safety violation. (All other suspensions without pay have to be for a minimum of five days.) Exempts are entitled to a whole pay check no matter…
  • Nothing is illegal until it's reported. Companies break the law all the time. I think this is a violation if the employees involved are non-exempt. Let's hear see if some of the Wage and Hour attorneys will comment Margaret Morford theHRedge 615…
  • What does your holiday policy say about benefits for temporary employees or eligibility to qualify for holiday pay? If your policy doesn't exempt temporary employees from holiday pay, you ought to change your policy to state that. Margaret Morford…
  • Stephanie, You are exactly right and the advice given above is excellent. Maybe we need to give you some ammo to take back to the executives so they will address this. If Wage and Hour audits this situation, they will sit down with this woman and…
  • Aren't you really talking about putting together your own temporary pool? If so, as long as you pay them like non-exempt employees, you don't have a difficulty with whatever job they are in. That's the way I'd do it to avoid any wage issues. Marg…
  • Check your state laws. Many have an interim practice statute that allows them to practice until they get their bar results or are sworn in. Their job duties will determine whether they are exempt. They might already be exempt as a law clerk depen…
  • See if [url]www.salary.com[/url] has anything that will help you. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
  • Probably not. There are all kinds of expensive pit falls to doing this. You need some expert advice, but my guess is that any expert will say neither of these positions are exempt. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith…
  • I would retro them in and pay them what you have to for years past. You do not want the EEOC coming in there to straighten it out. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]
  • Rockie, What about including in your corrective action or attendance policy language that allows you to address a pattern of absences despite the fact that the employee has PTO to cover it? Then you are only addressing the abusers. The employee g…
  • As someone who consults, you should not take their rate and try to figure something from that. Consultant rates are higher because you do not provide them with benefits or work space, equiptment, etc. and you usually only use them when you need pa…
  • If you have a number of people who don't make it out of training, I think you need to look at your hiring process to determine whether you are either not selecting the right kind of people for the positions or if you are not describing the job prope…
  • You are exactly right. It means nothing to an exempt person except that you probably should be paying her mileage if she works in another office. The rule you're thinking about is for non-exempt employees. Margaret Morford theHRedge 615-371-8200 …
  • Because I don't have the contract in front of me or your plan documents, it's hard for me to help you. It does seem to me that your contract gives these employees the right to waive the insurance. Even if the contract is silent, your past practice…
  • Yes, unless your plan documents allow temporary employees to be eligible. Plan documents will always govern. Most health plans will except out temporary employees. Look carefully at you 401k and pension plans to see what eligibility is. Margaret…
  • You need to check your state law on WC. The WC statues usually address this issue as well as how employees are to be compensated for additional doctor visits. You could also call your WC carrier and they could tell you. Margaret Morford theHRed…
  • There's a brand new case Ninth Circuit (pretty employee friendly Circuit) case out that Christy Reeder put on the home page of HRhero which may help you. The facts are the job was exempt, but more than 50% of the duties involved non-exempt duties. …
  • Nancy, It's a little hard for me to tell because I don't have the exact hours this employee worked each day. As I think I understand it, the employee worked Monday through Saturday. Then Sunday through Wednesday, with holiday pay on Thursday, off…
  • When does your work week (payroll week) begin? That determines how you count the forty hours. Margaret Morford theHRedge 615-371-8200 [email]mmorford@mleesmith.com[/email] [url]http://www.thehredge.net[/url]