NeedCoffee
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Yes, you have a right to recollect, but I'm not sure of the statute of limitations in Oregon - it varies by state. I just ran into this article on MSN.com a few days ago - it may give you some insight, and if not, it is at least informative! [url]…
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Thanks guys!!! Wish me luck!
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Automotive dealership with 100+ EEs, Accounting does payroll (thank God).
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Having myself been a paralegal, they are non-exempt. See the following excerpt from the DOL: §541.301(e)(7): "(7) Paralegals. Paralegals and legal assistants generally do not qualify as exempt learned professionals because an advanced specialize…
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I'm the HR Director of a company with 110 employees. I have a business manager who processes payroll (thank god I don't have to!) but I handle benefits administration, including 401(k) information. The only people who have access to pay data are m…
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As they say, "Where there's smoke, there's fire." You may want to start a review of similarly situated employees to make sure this same thing isn't happening to them. It may be a good time for you to hold a refresher course on time reporting, flex…
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I don't know of anything that would allow you to hold his check. I also couldn't find anything in the TX Payday Law that would allow it - looks like you may need to hire a locksmith to get those locks re-keyed! Sorry I couldn't help more!
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DavidS had a great point that one action does not make a precedent...if I were you, I would look at what your standard operating procedures are - if you can try to stick with what your normal business practices are, you are less likely to hear "Disc…
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I really don't think you've been discriminatory - if the supervisor was also paid on the executive payroll, then you may have had a problem. It is perfectly legal to grant different benefits to different classes of employees - not just exempt vs no…
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Unfortunately I don't have a mandatory OT policy for you, but... If an employee was told pre-hire what the job obligations are, and the employee affirmatively stated that he/she could meet those expectations without accommodation, that's a great st…
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No, no, definitely not. Otherwise I'd be forking over a LOT of cash!
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In Texas we don't have state income taxes, so I'm not sure on the state level, but the W-4 can be changed as many times per year as the employee wishes. Your obligation is to retain copies of the W-4s and ensure they are filled out correctly. Nuis…
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Depends - we have a three strike rule, so according to our progressive discipline policy, she's be out. If you don't have such a policy in place, I would look at other termination decision you have made, and follow suit. You don't want to be accus…
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I would write her up for violation of your attendance/call in sick policies and proceed under whatever progressive discipline level she falls under. Sometimes it's hard to be agressive about disciplining someone, because we all know it's not fun, b…
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If the change in duties corresponded with the change in exempt status, I would simply explain it as it is - you have a legitimate reason for changing her status, so she should have no real recourse against you. You may be setting up a nasty precede…
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Does this employee have any significant change in job duties with the reclassification? At the AEIS in Chicago last week, someone actually posed this very question. The attorney suggested that if you can show a change in job duties, that's usually…
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Not that I know of - it's my understanding that the TX Workforce Commission follows FLSA rules on that issue - breaks are not mandatory. I'm sure you can find more information on the TWC website. [url]http://www.twc.state.tx.us/[/url]
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Yes, but we track scheduled and unscheduled absences towards our disciplinary system for attendance. Sickness normally falls into the unscheduled category, as employees can rarely give 24 hrs notice of absence for it. Under this new ordinance, you…
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Hi Cathleen - we are a current ADP TotalSource user, and we are actually firing them as of 1/1/09. The fees are astronomical, and often hidden, and the customer service is less than helpful. You are essentially paying for an HR department...I woul…
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mbrown - I did the same thing about a year ago. I found AFLACs products to be just as good, if not identical, to our current Allstate products. In the end, I decided not to go with AFLAC after speaking with several benefits brokers. Their exper…
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I believe that as long as your documentation shows that it is an FSA reimbursable expense, you shouldn't worry about the name...after all, you get into all sorts of medical messes when you start having knowledge of what prescriptions your employees …
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From what I understand, it is not illegal, it is just a plan provision. Our plan does not have such a provision, but I wish it did!
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I had this happen with an employee this past year. I had a conference with her and her supervisor, and made it clear that effective immediately, she had to begin working full-time hours each week or she would risk losing certain benefits. We then …
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"Health insurance is not a part of your compensation package, it is a benefit provided by the company. You have the option of taking part in this benefit. Since health insurance is not included in your compensation, it would not be right of us to …
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Thanks for the input!
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Thanks guys - we had already done the suggestions presented here about a TPA, stoploss, etc. I guess I'm looking for more information about the actual end user effects, such as: Were the employees happy with the change? Did they even notice a cha…
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I'm guessing you're asking whether massages are considered a qualified medical expense for some reimbursement plan like a flex-spending or cafeteria plan... Services covered under the plan should be spelled out in your plan docs. I have never seen…
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I'm going to say yes, it is eligible for the POP. All of our programs are optional, and everything except life insurance and disability are pre-tax. Hence, enrollment is restricted to new hires, open enrollment, and special qualifying events. Als…
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It's a long story, but no, they cannot get that data from the current carrier. Don't get me wrong, I completely DO NOT want to do this, but it's a weird situation, which is why I'm even considering it. I hate benefits renewal. Thanks for the advi…
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As far as I know, this is plan specific. You may have to request the actual plan docs instead of the SPD for more in-depth info. Or, cut out the middle man and call the administrator. Good luck!