TXHRGuy
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I think you can run into a problem deducting more PTO time than time not worked by the employee. Check with an attorney in your circuit or in the circuit of the EE's place of work. Are you clear that your PTO is not vacation? What state is the emp…
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It is generally a good strategy to guess in favor of the employee if you have no other information. In part, it depends on what your policy says, which should reflect how aggressive your state is about employee concerns (versus employer concerns). …
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Try checking to see if there are levels of green settings. There's probably a way to keep it from going stone cold, which does take a long time to recover from.
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This is really a matter for your attendance policy. It's an example of one reason why many companys have gone to no-fault attendance policies. As long as you are in the business of excusing absences, you will be susceptible to this issue. I'm not…
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Check counsel before you chuck employee. Abuse of leave is trickier than it seems at first glance. For one thing, there are products that convert voice to text (i.e., automated dictation). Another possibility is that someone else is doing the typ…
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Tread carefully - commissions plans are generally regarded as contracts. Read your commission plan carefully. What does it say? What state are you in?
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[quote user="MDHRGirl"] First question is: What does your handbook say? If you do not have a written policy or procedure for this, what have you done in the past? Consistency is key [/quote] ...except to say that statutory and regulatory complian…
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Translate for all is the safest course. In research methods, where you might want to design a survey for use in multiple language populations, the accepted practice is to have one person translate to the other language and have a second person tran…
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If this is for use in California, you are going to need CA specific expertise and probably beyond what can comfortably be given on an internet forum. The basic mechanics are that some sort of salary is paid to a person who is exempt on some basis, …
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Is there a global element to this, or is this just a California issue? Are you wanting to recover from draw against commission or draw against regular pay?
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From the perspective of a government inspector or an internal auditor? Are the violations related to safety? Legal compliance? Company policy? How severe are the violations? Could someone die? Could the company lose millions in a lawsuit? Shoul…
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More likely it is related to the fair debt collection act. I believe creditors can call for employees at work until the employee tells them not to or until the employer tells them that the employee cannot take such calls during work hours. Dig int…
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I have a different take on this. My knee jerk reaction to requests by former employees for records is "no" unless they are entitled by law, policy, or practice. Such requests are not usually for any reason that has your employer's best interests at…
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To be honest, neither your salary nor your performance review score are legally protected matters of privacy as far as I am aware. That doesn't mean the supervisor wasn't acting inappropriately, it just means that the only penalty is whatever the c…
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I agree with both prior responders. To DHall's point, You would be converting the negative balance of PTO into a loan. I would imagine you would need prior authorization to deduct it from a paycheck. To 638's point, if the former employee was exemp…
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If you get notice of an audit and you don't have all your I-9s pulled out (both current AND inactive), you may end up having to give the auditors access to complete employee files instead of just the I-9s.
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THe FMLA regulation is on cosmetic surgery, not plastic surgery, isn't it? If I recall correctly, this is not cosmetic surgery. It is surgery performed by a plastic surgeon which could, for example, be to re-shape the flesh around an eye for funct…
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[quote user="782264"] Now that school is out we are having some employees bringing in their children to work. They are not asking if it is okay they are just showing up with them and putting them at an empty desk or conference room. When questio…
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Dig into "intention to return to work".
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[quote user="cappy"]Californian [Y][/quote] Ditto.
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I don't think you can charge an employee for required training in any state. You can discipline them for poor performance if they don't pass it, but you can't charge them money for it. The discipline could be a temporary reduction in pay (to make …
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The best way to avoid having problems is not to pay exempt employees for hours worked. Recognize their extra effort with some sort of non-time-based bonus for hitting some milestone as a result of their longer hours.
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[quote user="4429354"]The employee has not met the 1250 hours for the 2nd surgery. He did however meet the requirement for the 1st surgery. We use a calendar year and still has FML hour available. He was released to come back to work with a couple o…
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Although I am happily married, I always chuckle when I recall the comedian's line, "wait 'till you figure out 'until death do you part' isn't a promise it's a goal!"It's very exciting for some people to get married. They'll get over it and then it …
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The scope, limits, and enforceability of son-compete agreements varies widely across states. You will need to see counsel to get this one right. You will also want to talk to counsel about the employee/contractor distinction to ensure you don't ge…
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Some people can take a smoke in 5 minutes. Some people take 15 minutes. Sadly, because of employer abuses like making people clock out to urinate, all manner of short breaks are tough to manage. However, you can ban unauthorized breaks and simply…
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Unless you have a contract to the contrary, your full time exempt employees can simply take a pay cut as long as you don't go below the salary minimum (something like $455/wk). If you have employees who may have relied on your job offer to take som…
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I understand the fluctuating workweek concept. I don't understand why it creates questions or problems with time off, attendance, or leave policies. Is the question whether you can charge some time-off bank of a non-exempt person on fluctuating wo…