TXHRGuy
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I should mention that there are levels of complexity involved, as well. A lot of times, a sales manager will insist his or her people get paid sooner than makes sense to anybody else. That's just part of motivating the people who bring in the mone…
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In my experience, which does not include Indiana, you are free to define what constitutes a sale. I would avoid abusive or outlandish definitions. Where you put the point of compensation depends a lot on how much financial risk you wish to assume. …
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I would guess that an employer who knowingly permits its employees to carry concealed firearms also takes a significant degree of responsibility for employee conduct with firearms, especially when the employer equates the posession of the firearms w…
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There's always a business person, usually a sales type, who thinks all this fuss is a bunch of malarky because it'll never happen to them. And they may be right. On the other hand, if they're wrong, it can be very expensive. I don't think there's…
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What, exactly, is the cause of inability to perform? Is it effects of the cancer? Effects of the treatment of the cancer? How would you describe the problem with performance behaviorally?What state does the employee work in? How many employees wo…
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The nice thing about OT is that once you know you are stuck with it, it doesn't matter who is earning it, for a given wage rate. It's all time and a half.To the extent possible, limited by fatigue/safety and fatigue/quality concerns, there's no rea…
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That differs from what I was told at an I-9 seminar led by a DOJ agent, before it became UCIS and I-9 became serious business for the fed, again. Because the form could only be changed by an act of Congress back then, there were all sorts of things…
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Here's where you can get the handbook for employers. They have moved this thing around a lot over the years:http://www.uscis.gov/files/nativedocuments/m-274.pdf
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[quote user="4429354"]I checked with the United States Citizenship and Immigration Services on this issue. If an employee changes their name due to marriage, divorce, etc you are not required to change their I-9 form. If you choose to do so, this ne…
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You will need to verify the new name in section 3 of the form or have them fill out a new I-9. Keep the two docs together if you have them fill out a new one.
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The cynical side of me says that the smaller the increment, the more likely the EE will have sudden emergencies that can only be handled by leaving work for one hour cutting off the end of their scheduled day.The optimistic side of me says small inc…
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You don't have to pay non-exempt people for jury duty under federal law. State laws vary and only a few require pay. Some states also require that you allow employees time off to perform as witnesses in a trial. However, exempt employees must be p…
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I think it would be helpful to clarify some language here.If I understand correctly, you hired a temp agency to supply you with a person to do stuff for you. Perhaps you played a role in deciding which person the temp agency sent. You then paid an…
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I will just add to this that I don't know of an employer that charges vacation time from its exempt employees for involuntary site closure.
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[quote user="6360280"]My company will be having a new contractor starting in February and needed to know if there is any paperwork besides the contract for employment that needs to be filled out. Please advise. Thanks[/quote]Are you contracting a se…
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It depends on how secure your employee files are. Who can see them? If anybody on the business side (e.g., supervisors or department managers) can see them, then definitely no. If access within HR isn't heavily restricted, then I wouldn't take th…
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[quote user="4429354"]We are working on developing pre-employment/return to work physicals for a manufacturing facility. I'm looking for some good resources to use and items that should be included in the physical. Any guidance is appreciated.[/quot…
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After thinking about this some more, I think the status is not the critical point. Companies contracting individuals have been successfully sued for the criminal acts of a contracted agent. The only instances that come to mind involve violent crim…
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[quote user="SubGrapHR"]Has anyone had experience with IC theft? Currently I have a client stating that they have one of our ICs on film stealing items from the client site. My question is to what extent are we liable for their actions? Any advis…
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[quote user="6433003"]Have you looked at experience, education, responsibilities and duties. If they really are equal to everyone else there should be no reason you cannot make the pay the same. Otherwise this would be harder to justify.[/quote]I …
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It's only an EEOC violation if an investigator or a jury believes the company did it BECAUSE of her sex. Sadly, "proving" this is much easier than determining the truth of the matter. Juries never believe in coincidences. On another note, if she l…
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[quote user="Arapien"]Our current CEO has a current contract that outlines his compensation. However, within the contract, it states that the CEO will be paid for overtime hours beyond 40 hours per week. Annually, the CEO submits 300-400 hours of ov…
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I don't generally do contract work in HR except through a temp agency or unless the contracting company agrees to bring me on as a temporary employee. As a contractor, you can be sued much more easily than as an employee. Do you have proper insura…
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First responder get's the low hanging fruit: here's one thing to watch out for. Salary minimum is $455/wk. If you are lower than that, you need to convert to hourly (and pay overtime if it is worked).
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Keep in mind that it's getting harder and harder to have a contractor doing something very "employee-like." The IRS may say you don't have to tax this person, but the DOL may also say they're entitled to minimum wage and overtime.
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Bev: Priceless. Hopefully, your employees have only a very limited right to privacy. As an employer, I would not strive to give them a sense of privacy or say that they have a right to it at all, leaving them only what is statutorily or court deter…
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[quote user="IT HR"]I also agree that this is not a good idea. If you do this, is someone going to monitor these accounts to see when the people are sending emails, logging into the network, etc. and pay them for all the time they spent doing this?…
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[quote user="bruxcia"][...] but i think there is the same amount of days that is given to all employees in all companies. [...] [/quote]In the US, there is wide variation not just in the number of days but in accrual, requirements for use, and every…
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The biggest concern is the employee then making a demand for back overtime pay. Are you making duty changes also or was this person simply wrongly classified or...?
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Absences from an ADA qualifying condition, under ADA itself, do not necessarily benefit from job protection. You do not have to accomodate non-attendance, except under very narrow terms.