Shadowfax
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There is a split in the federal circuits as to whether or not time keeping by exempts destroys the exemption. I think most folks (including the DOL) agree the better rule is that it does not. Someone mentioned they thought it was a good idea - and …
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WHOA! E/ee can't qualify for an account, and because he can't qualify for an account you can't make DD, and because of that e/ee can't work? Is that what we're all about? Is this how far we've come? What happened to the spirit of those folks who se…
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I don't think you need to give her the 4th day. AS I understaqnt the dr slip it is for a periood of disability of three days - not four. Sounds like her condition can handle 4 hours of commute a week, but not 16. I'd be interedsted in what others m…
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You could choose and pay for the Dr and the 2nd opinion, but I don't think you can use a 2nd opinion from the co Dr. In fact, you can't use the opinion of a Dr w/whom yuou regularly contract or regularly use services.
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Whoa! The church is in the lying business and it thinks enlisting the assistance of an atty will make the lie past muster? You can offer her anything you want to ..."sorry we can't do more for you," and it's our atty's fault? The on ly thing you rea…
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I would not do this unless I were statutorily mandated to do so. Reason: depending on the language of your state whistleblower statute, you may be setting yourself up for a whistleblower complaint that would not be a valid complaint, if the same com…
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Be careful about firing him for being arrested. Fire him for absentee or no reason if you can.
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Changing the benefits of current employees is pretty straightforward: if union, negotiate; if non-union, implement. Obviously one shoud be a bit more sensitive, but at least you meet the minimum legal threshold acting that way. The bigger question…
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Thanks for all of the comments. I have done as several suggested and told her her recent absences are creating problems, asked for her assistance in working with us by scheduling apptmts later in the day. I will also look more closely at our policy…
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You are helping: I'm beginning to see where I am conflicted. How does one logically/fairly administer an absence policy in the face of available sick time?
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I should not have used the term pto - we have sick/vacation - but I have fallen into the shorthand of pto. The co. is not liable to FMLA at this time. She gives us plenty of notice by filling out her request for time off at least a week in advance. …
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Gene's right. If you have made that comment to anyone, even other managers, it may come back to haunt you. What you have is a performance problem to be dealt with as any other performance problem, just be sure you arn't more harsh with the older n…
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Her atty's argumment goes: You hired a temp to cover my clients position until it could be determined her ability to return to her position. She now can return, and the only reason you refuse to put her back to work is your concern over the possibi…
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I keep thinking I must be missin g something. Why is this so complicaated? What is the advantage to the em/er of exempt aside from the o/t issue? If the em/ee is not only going to work no o/t, but will only work 20 hours per week, why even mess arou…
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I agree you may have part time exempt, providing you pay attention to the minimum salary and the duties. I also think you may employ the million dollar a year company physician on an hourly basis if you choose.
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Crout. I don't disagree that FMLA is an option, but that was not the poster's question. I am interested however in why you would be hesitant to make the ee non exempt. Do you see something in the act that makes you think an emp/ee who's duties are …
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I agree wi Whirl. There is nothing in the statutes prohibiting you from putting the co. president on an hourly wage. Exempt status is a prerogative of the employer, not the ee. Change her to hourly. The hourly rate is not necessarily the salaried r…
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From a purely self interested liability perspective, a probationary/orientation period at will employment relationship - absent other statutory classification protection - employer has no legal obligation to continue the employment relationship, ev…
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Ditto!
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W/o more facts, I don't see an age claim here, but you could create one if you are not careful. I agree you need to satisfy yourselves that the requests of this employee are fair compared to others. Once you are satisfied however, I would not have …
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Take a look at the 'alternative work schedules for non exempt..'thread from a week or so ago. You may find some help there.
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[font size="1" color="#FF0000"]LAST EDITED ON 09-28-05 AT 08:37AM (CST)[/font][br][br]IF, and it is an important IF, you are unionized, you might be able to use a 1040/2080 plan (see section 7(b) of the Act). You might also review section 7(f) of th…
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I agree w/others but am concerned about your use of the term 'comp' time.If you mean vacation and PTO and such - ok. If you mean compensatory time off for time worked, you have aproblem unless you are a governmental.
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If you have a policy describing what 'reasonable belief' is (probable cause) and if that description enumerates one of the 'facts' of reasonable belief as the smell of intoxicants on one's breath, then you presumably have the right to test the ee. I…
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Most arbitrators with whom I haave had experience would never equate the f word with insubordination. Now, the f word, as a lot of othert words, can be used in lots of ways, some threatening, some not. And I agree with others, depending on what the …
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Independant contractors carry their own insurance.If Joe does excavation work for others, then presumably he could do it for you, even with your equipment, but his pay must be dependant on the outcome, not the time spent. 'We need the property grade…
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No app yet. He has a friend inside who I am sure told him what we were thinking. If things I'll let you know. Thanks again.
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Thanks all. We will take the app on the basis there is no employment decision to be made until he has made application. Then, not suitable for re-hire based on performance. I suspect either way, we are being set up for additional pain. The only prot…
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I think your only legitimate concern is whether the ee is abusing his break/bathroom time. If he is, discipline him. If not, what he does in the b-room is of no concern to HR, assuming, of course, there is no involvement of pornographic material in…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-08-05 AT 01:52PM (CST)[/font][br][br]OK. How about you call a staff meeting, line em' all up and say 'All you guys who still have a job take a step back. Not so fast Bupkiss...' At least it takes all…