Peyton Irby MS
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Many employers have done so or are considering going that way. Some are partially paperless. The primary issues seem to be security of the documents, both internally and externally, and retreival capability. The various agencies (wage & hour, EE…
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The employee owes you $10K. Absent a written agreement that you can recoup from any moneys owed to e'ee, it is a potentially risky proposition to hold the check. The e'ee could claim some breach thereby allowing him/her to leave without penalty. I w…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-08-07 AT 10:41AM (CST) by Brad Forrister (admin)[/font][br][br]DavidS is correct as there are varying state laws and regulations on withholding from an employee's check for equipment entrusted to the …
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Most employers require an acknowledgment of responsibility. Some have a repayment clause for lost or damaged equipment and everyone I've seen has a clause holding the final check until the equipment is returned. Some employers "sell" the hardware th…
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I don't have a form but make sure you have made a conditional offer of employment prior to giving the form and the physical. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirb…
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Dutch: Interesting point. My guess is it would be the same answer since the employee worked within the workweek, although I believe you would need a DOL opinion letter to be safe in not paying for that day. Peyton Irby Editor, Mississippi Employmen…
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The exempt employee would be entitled to the full week's salary. A holiday is not a circumstance that allows non-payment to exempt employees for a day's absence. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Sten…
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Since this is a former employee who wishes to return, there is no prohibition on an employer utilizing its existing information as it deems necessary. Unless there is something in the file of a personal nature which the supervisor does not need to s…
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A few states have maximum hours but apparently FL does not (MS does not). There can be liability issues as noted by others and OSHA issues (violating the general duty clause of unsfe working conditions due to fatigue, etc). Peyton Irby Editor, Missi…
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I agree with the other postings. If his doctor says he is no danger to himself or others, then he can perform regular assignments. He would not be ADA disabled since his depression is under control via medication. Unfortunately, the doctor is porba…
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There are different programs available although I have not heard of firstreport.org. If it fulfills OSHA's requirements, and has ease of use, why not try it? Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, …
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the two regulations are not in conflict. i probably should have clearer in my initial post. to suspend without pay, there must be a written policy forbidding the conduct for which you are suspending. this is your general rules of conduct and you do …
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29 cfr 541.603 prohibits improper deductions from an exempt employee's salary. improper deductions can cost you the exemption for that employee and others in the same job category. the regulations are silent as to whether an employer must have a wri…
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I know of no reason not to ask. Many employers add the phrase "An affirmative answer does not automatically disqualify you from consideration." Many years ago, the EEOC took the position that it was discriminatory to ask that question as well as the…
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The regular credit reporting agencies can perfrom this service. Don't forget that an applicant rejected due to poor credit is to be given the same information as a rejected loan applicant under the Fair Credit Reporting Act. Peyton Irby Editor, Miss…
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Pork: Please post the website or other address for other forum members to investigate use of this system. Is this the first government initiative to actually save HR professionals time? Peyton Irby Editor, Mississippi Employment Law Letter Watkins L…
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Don: We have faced this issue where a zero tolerance policy was challenged. There is no legal precedent for a challenge in MS. The challenge was eventually dropped. Remember whatever legal challenges/state law changes occur on the left coast tend to…
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Pork: Assuming this system proves workable, and it is designed to be, HR will have one-stop ability for the I-9 process. It has to be better than the current requirements. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter &…
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FYI: The Mississippi statute permits banning use of tobacco on your premises but forbids adverse job action based on "off premises use of tobacco". Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601)…
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Don: It is a challenge for employers to enforce workplace appearance stndards. Most of the earlier caselaw centered around wearing union insignia at work but it has evolved into these types of issues. Peyton Irby Editor, Mississippi Employment Law L…
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Don: Good questions you pose. I don't think anyone has the answers. This case got everyone's attention because it was Wal-Mart and because it was a widespread issue covering a lot of geography. In general, an employer has no duty to investigate whe…
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in employment discrimination cases, an individual can apply to the court for appointment of an attorney but those requests are rarely granted. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949…
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$21.1M may not go as far as it used to. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirby@watkinsludlam.com[/email]
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the funds are to deposited to the employee's 401(k) account "as soon as practicable" after the funds have been segregated. there is no set time limit. some auditors take the position that deposits are to be made as soon as the deduction is made and …
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unfortunately, no. mississippi law does not provide for an employer to mandate a method of payment. even if you require direct deposit as a condition of employment for applicants, they can change once hired. no one has yet tried to sue based on term…
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>[font size="1" color="#FF0000"]LAST EDITED ON >11-02-04 AT 04:33 PM (CST)[/font] > >OK EVERYONE here comes a question that has just >happened and I would like your input on >resources! > >We have finally had an appl…
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don: i don't know the cost figures but our experience in defending carpal tunnel comp claims is that very few, if any, surgeries "fix" the problem. if the employee returns after surgery to the repetitive motion work activity, the problem reoccurs. w…
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any employer can ask the question "Have you been convicted, pled guilty or pled no contest to a felony?" with a caveat attached that an affirmative answer does not automatically disqualify a candidate. some employers such as banks, schools, and se…
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from a legal standpoint, it is to be measured at the "fair value" of the usage. i am not sure what methods have been approved by the IRS or wage & hour, but it would seem a mileage charge would work. the employee records personal use miles and i…
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assuming the check was not cashed before the date on the check, it would be difficult to argue any malfeasance on the employee's part. i'm sure the handbook has a disclaimer to the effect "this is not a contract of employment". the employee would p…