Rockie
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You are absolutely correct that you have to suspend an exempt employee for an entire week unless it is for a serious violation of safety. According to the law, if an exempt performs any work within a work week, they have to be paid for it. As …
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I agree with GAR. You cannot simply change the status of an employee because they are not meeting expectations of the position. You can change them to a lesser position which would not qualify as an exempt position.
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I work in South Carolina, but whenever there is an adverse employment action, employees have to be given a seven day notice. If not,they have a Wage & Hour case. There seems to be no real employment guidelines in place in this situation, such a…
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I agree with CuriousGeorge. The last thing you want is a DOL audit in your organization because as good as you are, these guys will always find something. When I first came to work in my present position, there were similar cases where "deals" had…
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I agree with Down the Middle. In HR, I work no less than 45 hours a week, but usually between 45-50, depending on what's going on - but I know when I go over 10 hours a day, I lose my effectiveness. We have people at both ends of the spectrum - ou…
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No. We do not count holiday time as hours worked. It looks like you are safe in doing what you are doing by simply redistributing the workweek and hours worked per day. Just be careful with your state laws. A few states (California I know if) re…
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Most states do not allow compensatory time in lieu of overtime. Check your state laws. If the "extra" hours are put in the same week as the holiday, this should not create an overtime situation - merely a change in work schedule. But...if the t…
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If the law does not mandate that you pay for accrued sick and vacation time, then you should make sure you have a written policy outlining this. If not, yes, I would say it would be considered a contractual right. I would suggest if you write a pol…
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WE don't give merit increases to per diem (I assume you mean the same as PRN employees "work as needed"). We pay a premium rate to them already due to the fact that their hours are not set and they are subject to being called in at the last minute.…
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I agtee the term "probationary" is not a good term to use. We struck this from our handbook, policies, etc. The rationale is that it could be construed as an implied contract in an employment at will state. For example, if an employee works three…
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I have to say these Executive Reports are wonderful tools. They simplify very complicated matters and bring them down to a level where supervisors can understand. I have been able to use this information in supervisory training. Thanks for all th…
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I wouldn't manipulate any employee's time clock punches. I would bring the offenders in once again and state to them that they have been counseled about working "unauthorized" overtime and if they persist in continuing this, it will be grounds for …
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Big thing to remember is...it doesnt' matter to the DOL if the employee has gained permission to work or not...if they work, unauthorized or not or if they work even after they have been told not to....the law looks at it as the employer has gained …
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I take it that you are a rather small company and have not yet run into issues and problems with people comparing salaries, compression and marketplace differences. You have run into a common problem where there are no caps on salaries - that a jan…
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It depends on your state. Some states such as mine (South Carolina) strictly prohibit any garnishment of wages. So...you may be stuck with the rekeying cost In the future, you may want to have these type of employees sign for keys, agreeing in wr…
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This is an age old question and there are several schools of thought on this. I believe the law technically states that an employer cannot dock "pay" of an exempt employee. The law does not specifically state that PTO cannot be docked, so in essen…
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There is nothing illegal about this. Manufacturing companies have been doing this for years - they shut down only at certain times and employees are required to take their vacation weeks at those times and this is all they get! Also, financial ins…
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This is kind of confusing. If you don't have a jury duty "policy", there is no requirement to pay an hourly employee to serve on a jury. That is why the court gives the "compensation" they give to individuals to serve on a jury. Exempt employees …
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What usually happens here is the person ends up working almost as many hours in three to four days as he or she did in five and then, I agree, the complaints start. They have to agree that it is, indeed, a tradeoff. They may have to work almost as …
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I agree with DTM. If a class is mandatory for employment, then the employee must be paid their hourly rate. This also comes up with mandatory classes that employees need to take to maintain certifications required by the company, etc. Some comp…
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Please share. I would also like to know what these positions are.
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I look at this the same way that Margaret does. We only have one administrative type person who is exempt and that is our Executive Assistant. Wage and Hour frowns, frowns, frowns upon administrative assistant people being labeled "exempt". It ge…
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You REALLY need to get some legal advice on this one. First of all, you need to check your state laws on garnishment of wages. In some states, garnishment is not allowed at all Second, concerning the car, with no promissory note and the car in th…
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Check your state laws. In South Carolina, there is no legal requirement to provide breaks or even a meal period. But...we do, of course, provide lunch times which is unpaid time and employees clock in and out. Break times are paid time and are sh…
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I think you have been handling exempt people exactly right in the past insofar as the flexibility of schedule, etc. This issue of exempt people starting to demand "comp" time is something that I am personally seeing more and more of. I try to make…
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So, what do you do in a case like this...since you don't count hours for exempt people, do you just come up with a salary agreement based on the hours they agree to work for a specific annual salary?
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Yes. I would be very interested in comparing salary data with members of the Forum.
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We had a lot of working managers in our medical practice. From time to time, they have to work several Saturdays in a row (to get the job done) and therefore, may take a day during the week to take care of issues they have not been able to take car…
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Thanks Down the Middle! I appreciate your input.
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Most personal days are given for employees to use for personal business instead of having to "dip" into vacation time for small increments of leave needed. However, as with vacation, some employees stockpile it up and then want to have it paid out …