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I worked at a hospital many moons ago so pardon me if things have changed or if I misunderstood your question. But aren't per diem nurses usually temporary assignments or used to fill in for other nurses who are on leave? In my experience per diems…
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What do you mean by "gross up" ... giving the employee extra reimbursement to cover the taxes? As far as I know an employer isn't require to gross up moving expenses. However, there are other requirements. See IRS publication 521. You should read t…
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I agree with TXHRGuy about dropping the probationary period and with his warning about the danger in terminating the employee based on an arrest. If you use arrests to make emplyment decisions, you run the risk of a discirmination suit because minor…
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As the paragraph above alludes to, if the employee is splitting the time equally among the exempt and nonexempt positions the primary duty test (usually more than 50 percent of time) probably won't be satisfied, so OT would be owed for any hours abo…
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You will have to make reasonable accommodations for the religious beliefs and practices of your employees. Tattoos and piercings are part of some religious practices. Keep in mind that the criteria for whether it is a religious belief is whether it…
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If you are in the private sector like us you aren't allowed to have comp time instead of overtime. I have heard rumblings of an exception for comp time earned and used in the same pay period but I have never seen the citation. If anyone has it I wo…
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If the driver is an employee you must withhold income taxes, withhold (and pay) Social Security and Medicare taxes, and pay unemployment tax on wages. This means a W-4 is needed. In the case of payments to an independent contractor, you don't have …
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We use 4 hour increments and it seems to work.
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There are some major caveats before making a "disciplinary deduction" of an exempt employee's pay. One of the biggest is that the employee must have engaged in "major misconduct." The Department of Labor gives a few examples of "major misconduct" …
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The Department of Labor has this ... In the application of the FLSA an employee, as distinguished from a person who is engaged in a business of his or her own, is one who, as a matter of economic reality, follows the usual path of an employee and …
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My copy of BLR's Employee Benefits Survey says that only a small percentage of employers pays less than 50% of the premium. Most employers pay 65% or more of the premium. We pay 70 percent of the premium. The Department of Labor says the average …
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Without knowing all the details of your situation I cannot assess the true risks.You should talk with your attorney and weigh the risks. In court a lot will depend on the content of the offer letter and what was communicated to the candidate. Langua…
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If you discontinue all of your health plans for all employees, the answer is no, COBRA won't be available. Remember to give proper notice of the change.
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The definition of employee for the EEO-1 Report should answer your question "'Employee' means any individual on the payroll of an employer who is an employee for purposes of the employers withholding of Social Security taxes except insurance sal…
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There isn't a problem with exempt employees using a time clock as long as it never effects their pay. If the time clock shows the exempt works 30 hours you still have to pay them their full salary. The DOL says RNs are generally exempt. However I b…
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I don't have any experience with the law in Minnesota but the specific statute under federal law is (emphasis added by me) ... 29CFR541.602 - Salary basis."An exempt employee must receive the full salary for any week in which the employee perform…
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ADA may require a reasonable accommodation. The employee has obviously asked for one. Since the employee's condition isn't obvious to you, the next step is to determine whether the condition is a disability under ADA (you can ask for documentation …
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FMLA covers "serious health conditions." If no symptoms exist can there be a serious health condition? From what I understand, the incubation period is 1 to 4 days before flu-like symptoms appear. Nonetheless, I saw the answer to your question afte…
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Some of those questions are probably better answered by the union contract but I can discuss MA maternity leave in general terms 1.The maternity leave law in Massachusetts allows employees that have been employed full time for at least 3 consecutive…
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Methadone is a legal medicine under federal law. Therefore you are treating people using it differently than you are treating people who use other legal medications. A former user of illegal drugs is protected from discrimination under the ADA if …
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Reducing exempt employee's pay for a 1-day absence when business is slow will jeopardize their exempt status under FLSA. If exempt employees are ready, willing and able to work and they perform any work in a workweek they must be paid their full sal…
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Many employers have mislabeled people "independent contractors" when in fact they are employees (and entitled to overtime pay). Independent contractors aren't employees under the Fair Labor Standards Act. Therefore they have no right to overtime p…
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My spouse's employer reimburses up to $80 per month for wireless phone service and email service on a Blackberry or other smart phone device. Are you also looking for IRS rules on reimbursement? If the employee owns the cell phone, "any amounts the…
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Could you get temporary help while the employee is on leave? The EEOC says that reasonable accommodation includes providing unpaid leave, unless the employer can demonstrate it would cause "undue hardship." You can find information on the ADA and un…
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The limits we use are the same as what the IRS establishes under IRC 127. Therefore, we provide up to $5,250 per year to employees. There is no lifetime cap, but any request must be approved by a supervisor. We reimburse employees after they receive…
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We use a software-based system that's only accessible inside our building. We have terminals set up throughout the building so that people who don't use a computer as part of their job can punch in and punch out. When employees travel we have them…
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The drafters of the law must have realized that some premium assistance eligible individuals will pay the full premiums as payroll/providers/benefit administrators/employers get ramped up to handle the new COBRA subsidy. They provided instructions …
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I am sorry you and your co-workers had to witness such a traumatic event and your employer hasn't been supportive--and even has been accusatory. Does your employer have an employee assistance provider? You should ask your HR person.