Shadowfax
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If you are public sector emp/er (and I think you are) and you have a compt time policy, you can probably do this, although I'm not real clear how she is using the carry over hours.
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Pork - I'm not sure you meant that an emp/er could use an 80 hour work (2 week pay period) and not pay for 1 o/t for 41 hours either first or second week. I don't think just any emp/er can adopt the 80 w/o special conditions - Belo Plan, 1040/2080, …
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I agree with high-flying/divin Margaret. Just don't make the bonus a function of the salary divided by 40, or 5 days or 6 days, depending on how many days are in a normal rotation.
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In Mi by statute, e/er can deduct up to 15%of wage to correct an overpaymetn error BUT not to reduce gross wages below minimum wage AND limited to a 6 month look back. This should be a matter of Col law, be sure to comply precisely. I mi the notice …
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You won't find what you're looking for in balck and white but 408.472 sets dates when wages must be paid. As Don D advises; pay em and discipline em!
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If your managers are truly exempt, it doesn't matter how many saturdays they work. Some retail sales people, compensated princip;ally by commission may also be exempt (cfr 779.410/421) I do not knoiw whether this particular exemption may be destroye…
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Hunter is right about section 7(p)(3), but, I think you still have to pay the employee who worked - it is just that the eime is not used to calculate o/t. Or am I missing something from the regs Hunter?
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As Judge MacGruder said, 'no harm in askin', but first time e/ee complains to DOL you'll be told the language you rely on isn't sufficient. Mind you I do some things I know arn't completely enforceable, although always at least morally correct, but…
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Handbook language is not enough. E/er can make a wage assignment for e/ee if 1)payment is made to a third party 2)e/er does not receive any benefit 3) arrangement is not made to evade the law. Your deduct is not for third party, and, it benefits the…
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You've answered your own question. What you refer to is unauthorized work, which in every case is compensable (29 cfr 785.11) For a private, for profit business, there is no such animal as a volunteer. "Off the clock' work, in and of itself, is not …
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In most states, an employer is in no better position to collect a debt than any other creditor. I know of no deduction from an e/ees pay that is legitimate w/o the employees' specific written authorization. Dangerous practice, and just because you'v…
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Wow! Pork! I have never seen nor heard of a definition of 'full time' except in employer policy books. I too wait for direction where to find this rule. I'm guessing there are a whole bunchof who need to review this info. Thanks.
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Also be sure you don't fall below the min salary for the exemption.
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I agree. Just don't do it retroactively - but - prospectively, up to ee whether he wants to work for the reduced wage.
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Whether hourlys are paid or not will be a mater purely of emp/er policy. The law only requires that hourlys be paid for 'actual' work. If emp/er wants to be benevolent, then some extra comp may be paid, but need not. Last major pwr outage, we paid f…
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Per the FLSA: "Salary" must be paid at a predetermined rate and no deductions may be made "for absences occasioned by the enmployer or by operaqting requirements of the business" or "when work is not available." The general rule is salary must be p…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-02-03 AT 01:58PM (CST)[/font][p]If his Saturday rate is a function of his salaried rate divided by 40, then I think you are in danger of destroying the exemption. I jjust remembered there is a specif…
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Many accountants don't meet the exempt requirements. The exemption is basedon duties, exercize of discretion, etc rather than title. However, if it really is a part time position, there is no harm in making it non exmpt and paying hourly.
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I'm not an expert on Mn law but last time I looked I think you had to give some time to eat a meal if work goes at least 8 hours, and time every 4 hours to use the restroom. For anyone looking at this post I also have a question. Does anyone see an…
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I agree with the Hatchet - no harm, no foul. But Pork raises the point on which I have disagreed with others on other forums: keeping some sort of time records for even exempts. Pork says the 'real' time card he keeps at home in the lock box! That i…
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Take a look at Hatchetman's postings under 'exempt' about halfway down this forum and you will get a succinct overview. Generally, if exemt works during the week thety get full week pay. Daily docking, full or partial must meet some exception.
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As I said, I'm not familiar w/Il law , so I can't help with the limited period. I'm sure the state DOL could probably clarify that for you. I am suprised though at the language about vacation, because in many states there are no regs requiring vacat…
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I'm not familiar with Il law, but keep in mind the distinction between accrued and earned. Accrued is how one earns vacation (1day per mo). Generally, vacation is 'earned' at some other time, as after one year of service ee gets one week vacation. B…
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The potential penalties are significant: go back a minimum of 2 years (3 if intentional, or depending on state law) and calculate the amount of unpaid o/t; now double that amount as liquidated (penalty) damages; now add actual attorney fees and cost…
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Maybe you could clarify 'assignment pay'. I don't know if you mean per diem, flat rate, commission based, etc. What sort of assignment? How would you propose to compensate?
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I agree the union is off base here -but - in my experience (in the midwest) y will lose this arbitration. IF, you ee had a past record of stupid pranks and horseplay, you might have a shot at it. But with nothing much of a history, I think most arb…
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I don't thnk you've given us enough info about what the em/ee actually does to determine if she is truly exempt or not. It seems to me the real question is whether or not if she is exempt, are you destroying the exemt status by the way you are payi…
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I don't know about Wi, but no such federal requirement. Maybe all it means is that the ee is entitled to 8 hours off between the time he leaves and the time he returns, which means he could work 2 or even 3 shifts so long as he had an 8 hour break. …
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While it doesn't hurt to have a policy, I don't think you need one. O/T is strictly for time worked - if not worked not paid, not paid no pto.
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I'm a new user and I think I lost the first responsive post. I think you can do what you have suggested. 541.118(a)(2)permits deductions for absences greater than a day for personal reasons. I had a situation where employer wanted exempts to take so…