Shadowfax
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So long as the week is a pay period. Keep in mind the rule for paying exempts for any pay period in which any work is done (except for full days for personal reasons). I'm not sure you really wanted to force them to use vacation, or to say that if …
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True, but, one needs to be very careful how the o/t rate is figured, because it will not be 1 and 1/2 the extra shift rate, but will be a 'computed' rate based on the totoal work done during the week, and it will probaboly change weekly. That was my…
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As Rockie says, you will have to pay o/t for the non-exmpt - but be careful what rate you pay o/t on. I'm assuming the part time rate would be less than the ee fulltime rate, and, if so, you will have to select an FLSA method of computing the 'oveti…
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I assume you are a muni. I also don't know enough about the job to really give clear opinion. But I think your super is thinking of the 'seasonal' amusement and recreational exempt. which I doubt applies to you since a requirement is 'must be employ…
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Yor are right. The FLSA is silent as to interest on unpaid o/t. Courts generally consider interest when ma,king an adjudication that o/t was impropoerly paid, but the various federal circuits approach the interest question differently. Often, if th…
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Yes Samantha, if you have a PTO plan, you can deduct the actual time missed from the plan, don't need to do it in full day increments. BUT, when PTO is used up, then you have to go to the regs and deduct for full days only, and only if for ee person…
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But you're arguing 'policy' not regulation. How often did you tell your kids life ain't fair? I agree, it seems harsh, but if you want to abide by the letter of the law, you can.
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Yes. A full days absence for personal reasons is legitimate reason for e/er to make deduction. And, if the e/ee wants to be paid, he can use vacation time.
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Lisa, I have been watching this thread to see if anyone had comments, and I see Pixie says they do it. My question though is why? And particularly the way Pixie is doing it probably destroys the exemption, so they are not paying correct ot rate and …
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Whew! I'm glad you took that crack the way it was intended (smart a** but humorous). I just read the 'what's appropriate for the forum' thread and was afraid you might think I had trod over the line in the sand.
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Better get to the clinic and do a drop - or check your drugs - holiday pay is not used to calculate o/t. In Mi, like Fed rules, only actual hours worked are used for o/t.
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No such fed reg. Don't know nothin' bout Bama law!
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We've had a lot of these break issues lately, and I am amazed the number of states that 'require' some sort of break after x hours (kalleefornea doesn't count). And I never would have suspected a mid souther state like Tn to succomb to the nonsense.…
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Popeye makes some good points, but a lot of companys do this, and I hope you hear from some of them. If you already have such a policy, just arn't tracking it, I don't see too much to be concerned about since you have correctly stated the law, and y…
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29 cfr 541.118(a)(2) and (3) unless you are a public employer, then you may be able to deduct for absences less than a day 541.5d and 541.118 (2-5).
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Absent state law or regulation, there is absolutely no federal rule or reg which requires employees to be paid for time not actually worked. Many union collective bargaining agreements contain similar requiremenjts, but not the FLSA.
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For an extra 10 bucks a month you could gett unlimited time. Why not do tat? Win - win all wayu around. If e/ees also use for personal, have them contribute the ten bucks (or whatever) and take care of everybody, including the co.'s needs.
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Don, just to be a bit contrary, you make a good point about the incentive and morale issues to the 'injured' player. What of the morale issues and disincentives to the able bodied who may have worked their tails off, may have covered for the lame me…
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I think if there are shift and charge additions earned in a particular work week or pay period, then those pays are included for purposes of establishing the regular rate for that pay period. You might take a look at 29 cfr 778.110 and section 7e o…
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General rule: ee considered on a salary basis if he regularly receives eaach pay period on a weekly basis, or less frequent basis, a predetermined amount constitution all or part of his comp, which is not subject to reduction because of variations i…
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Hey! I've spent 30 years with these regs, and I still learn something new everytime I look at them again, and, everytime someone posts a question.If you want to be really perplexed, borrow or steal (you can't buy one) a copy of the wage and hour div…
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On another thread, Hatchetman just went through an exhaustive discussion of this area, and he is right on with the info. If you have no pto bank for exempts, then you have nothing to dock, because you can't dock salary. If the plant is open, work is…
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The answer to your first question is covered by sec 7e of the FLSA. You have to compute the 'regular rate' and o/t is a functin of that rate. If, yuou actually pay an hourly rate, and the regular workweek is a function of 35 x the 'hourly rate' then…
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I don't think you'll find the answer in the law (Santire pretty well went through that), but in your own co's policies. If the co policy re PTO is that it is charged against a bank for regularly scheduled work missed which is otherwise uncompensable…
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In Mi the answer wuld be no. However, in Caleeforneeya, the answer is yes,
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[font size="1" color="#FF0000"]LAST EDITED ON 11-07-03 AT 10:32AM (CST)[/font][p]In a word: yes. Any bonus that is non discretionary, or related to effort must be part of the 'regular rate' and therefore part of the o/t calc. The bonus has to be app…
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FLSA doesn't address the timing of payment, but I'd be reasonably sure Lousiana state law does. Generally, state regs will tell you how long you can hold wages. Even if you could do what you describe, why not start with new emp/ees, it wouldn't chan…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-30-03 AT 12:58PM (CST)[/font][p]Are you a public school district? If so, even you must have the compt time agreement in writing 'before' the time is worked, or you cannot take advantage of it. Since s…
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There are some cases addressing this and the fact that you requirean emp/ee to report (presumably to work) witnin an hour makes me think the safe way is to consider emp/ee on clock. The cases say the test is a factual one, how free is the emp[loyee …
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Just to be clear, for most of us there is no such thing as an 80 hour opay period. The Act calls for anything over 40 in a 7 day period to b e paid at o/t rate. On another threat there was some mention of the 80, but that is a very limited circumsta…