Shadowfax
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[font size="1" color="#FF0000"]LAST EDITED ON 03-09-05 AT 02:01PM (CST)[/font][br][br]You are confusing 'on call' with actually working. The 'on call' part is an employee waiting to be engaged and the rules about when or how to pay depend a great de…
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Marc - you sure raise an interesting point. Now I will admit I know next to nothing about escheats, but it seems to me that since the $$ hasn't actually been paid, there is nothing to escheat. Now if it had been direct deposited in the ees account,…
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I'm not familiar with any specific reg regarding this, except that a wage and hour claim can go back two years, or in the case of an intentional violation, 3 years - so I'd keep at least the checks you attempted to make the correction with for the t…
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Sha Sha - see my answer to Kris on salary deductions and exempt - I muddled both questions with one answer. Sorry.
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[font size="1" color="#FF0000"]LAST EDITED ON 03-02-05 AT 08:30AM (CST)[/font][br][br]The short answer is that the kind of deductions you reference are not the kind that put exempt status at risk. Additionally, there is less need for concern about d…
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Sam, I agree police and fire have different maxs they can work before o/t kicks in - but the problem as I understood it was exempt or not. I just think that historically, the DOL has been all over the road on this one, and I don't see the new regs a…
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I agree. This is a real interesting area, and I have always struggled with the fire dept and the police dept clasifications. I once lost an exempt issue in a 7 man police dept, and the claimant was the chief. Problem was he pulled a shift pretty muc…
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I can't comment on 17j because I have not seen it (we do not have emergency responders) but as I read the regs, the old 'occasional' non exempt work has been replaced with 541.106 con current duties test, which winds up saying concurrent duties won'…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-23-05 AT 01:28PM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 02-23-05 AT 01:04 PM (CST)[/font] Al - I always thought there was some discrepancy in the FLSA when a break lasted b…
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The simple answer is it affects the o/t rate for the pay period in which the incentive is earned. While it may be true that the calculation is simpler if you put it in the base, since you are doing it on a temporary basis until you are back to full …
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[font size="1" color="#FF0000"]LAST EDITED ON 02-10-05 AT 07:15AM (CST)[/font][br][br]Take a look at 207 (k) and see if that is anyhelp to you. Also review 207 (f), commonly called Belo plans. If you are unionized, then maybe 207 (b), 1040/2080 plan…
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Yes, but, if she is working while she eats, then it is a paid lunch break. If she works thruogh an 8.5, and she is not 'exempt' then you will be on the hook for o/t over 40. I agree with Smace re the break and state law.
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If you are a muni, the Thompson Fair Labor Standards Handbook for States, Local Governments and Schools is excellant. I have a couple of others for private sector but am really not happy with the scope of either. I frequently just go looking in the …
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I agree it is compensable - ees arn't there for their own benefit. This sounds like a totally cockamamie process.
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I would have paid it as a bonus recognition for working while others were off. I don't think it sets a precedence that is particularly significant. We had a similar situation, we paid as if it were o/t and added a little to the year end bonus as wel…
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Yes. Even under the old rules you could dock an exempt for safety violations suspension.
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Depends on whether the bonus was discretionary - and to some extent - how muchit was. DOL has said Christmas bonuses , if they don't exceed a few hundred dollars may be excludable. But, anybonus the employee has come to expect to receive generally a…
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Yep, licensed by the state. Thanks Marc.
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A little late to the discussion, but I also believe it would be o/t, and, I think you would have to calculate the 'regular' rate (sal + hourly earned / total hours ) then pay half time of that figure for the hours over 40. You would need to do this…
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I have never heard of the 15 minute standard. Please elaborate.
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Tell me this is not still the law in NY! This has to be a very old, no longer enforced provision. The old CPA was correct:at least for purposes of the FLSA, 24 hours is the only max.
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[font size="1" color="#FF0000"]LAST EDITED ON 10-15-04 AT 12:31PM (CST)[/font][br][br]Regarding the 'extra' work, see my response to Lon. If you are not public sector, then the extra work is o.t at 1x1/2. I dn't know if Ga is o/t after 8 or 40 , but…
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IF you are a public sector e/er, your situation may qualify under the 'occasional or sporadic' provisions of 29 cfr 553.30(b)(1). But see the distiction at 30(b)(3) that requires even in the public sector if the work does not meet the occasional, sp…
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I think Holiday and other discretionary bonuses may be excluded from a 'regular rate' computation for purposes of o/t payment. See 778.11.
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[font size="1" color="#FF0000"]LAST EDITED ON 10-11-04 AT 11:25AM (CST)[/font][br][br]Juju's correct. A non discretionary bonus or payment must be included in any computation of hourly wage for purposes of calculating the overtime rate. If you hav…
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You were being set up!
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I've been watching this for a couple of days to see what some of the colleagues say, those with perhaps more union experience than I, but what the hey, I'll at least give my opinion. I was suprised some months ago when a similar question came up, at…
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Go by your policy - there is no statutory requirement that you include jury time (or vacation/sick/pto for that matter) as work time for purposes of computing o/t.
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Lotsa double standards, but no double time standard in the Fed regs so far as Iknow.
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I think he is dead wrong. In the first place, DOL has already told us the exemption is not lost just by the fact of time records being kept. Second, if you have no way of proving what kind of time ee put in on any given pay period, and, you find ee …