Theresa Gegen TX
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IF what you say is true (that long time employees will get their wages reduced and short time employees will get their wages increased), I think your company will have a BIG problem with age discrimination (whether perceived or real). I would be ve…
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NOTE: Differences in pay rates MUST be based on objective factors that are based on true business needs -- for example years of experience or specific education. Many companies have been burned by using a "market place" type of differentiation -- …
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Some states have additional limits on hours worked (I know California has some tough state overtime laws). These may include a requirement for specific rest periods, or double time after a certain amount of hours. (Texas has no additional limits).…
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There is no law requiring you to physically see the social security card, although the IRS recommends the course of action your accounting manager recommends (physically see it and make a copy to reduce errors). Errors in recording the social secur…
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The employer generally has a right to change the terms of employment for the future (for example, the employer cannot make a retroactive pay cut after the work is done). Here, it appears that it is a change to effect future work, which could be ok.…
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Pay the employee!
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This is a very state law specific question. You really need to talk to attorney's in your state to determine who is responsible for worker's comp. and how the janitorial service having or not having comp will effect your liability. After that, dep…
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Just because you label an employee a "sub contractor" does not necessarily make him or her a "sub contractor" under the law. Microsoft found this out to their detriment (of millions of dollars). The employees they turned into "contractors" were st…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-11-02 AT 10:46AM (CST)[/font][p]I believe that the overtime laws will look at the job duties of the employee for that particular employer. Therefore having an exempt employee work in a non-exempt pos…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-01-02 AT 05:19PM (CST)[/font][p]You might have problems withholding the pay from their last check (especially if the withholding brings them below minimum wage or messes up their overtime). Even if i…
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I know that some employers require employees to schedule vacation by a certain date (which might be for example, in June). If the employee has not scheduled his or her vacation by that date, the employer schedules it for the employee. Basically sa…
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It seems to me that she is not being supervised properly. She should be told that she is expected to get her work done in 40 hours per week and that she will not get overtime unless it is preapproved by a supervisor in a special circumstance. Her …
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But with exempts, you need to monitor the amount of non-exempt work they do carefully. Most exemptions only allow a threshold amount of non-exempt work (like 20% or 50% depending on the exemption) -- doing more than that can destroy the employees e…
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There are some good reasons to get time sheets from exempt employees. First, FMLA eligibility is based on hours worked. Second, if the employees ever challenge the exemption and win, you will atleast have a record of hours worked to calculate back…
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I would be curious about why this one employee is getting additional pay that the others, doing the same job, are not. It seems to me that your company runs a risk that one of the other employees could claim discrimination (this employee is treated…
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Overtime is generally determined on a 40 hour per week basis. So if someone works 12 hours on Monday, but then takes off after four hours on Friday, they have only worked 40 hours, and are not due any overtime. So if you are limiting the employees…
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You'll need to check your state's law to see if there is a requirement that you turn in unclaimed property (including pay that is not claimed). I would cut her paycheck, and possible hold it for 30 or 90 days. Then if she does not contact you to co…
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You must pay them for all overtime. But remember, overtime is calculated weekly (except in California, which I believe does it daily), so if they work extra hours on Monday, you can let them go early on another day that week, and if their total hou…
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It can be a very dicey issue for an employer to change employees from exempt to non-exempt. Some employees get very angry about losing their "salaried" status. And some employees may think, you know what, I am owed overtime -- so I should be paid …
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The exempt employee needs vaction to take a block of time off with pay (for example a week or 3 days). The problem is partial days -- you cannot dock for them. But the vacation and sick pay will be very important if the exempt employee needs a few…
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If Maine DOL doesn't have any regulation about vacation time and sick days, the default will probably be a contractual right -- basically if your policy tells employees that they earn the days and tells employees that they will be paid the days on t…
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to pay the lower rate for training, you need to let the employee know before he or she starts, that the lower rate will be paid. In any event, the employee must get atleast minimum wage and overtime if hours are over 40.
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The DOL regs allow an employer to pay different rates for different work. However, calculating overtime can be a bit confusing. You probably need to check out the DOL regs to determine how to do so (I expect you will have to calculate an average h…
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I agree it is semantics,but I also think that many managers have preconceived notions about "probationary status", which they don't necessarily have about an introdutory status or an orientation period. The preconceived notion is that "your on prob…
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A lot of employers also call it an "orientation period". The problem with a "probationary period" is that so many managers believe that it is a free for all. The goals for the introductory or orientation period should be clearly spelled out to man…
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The term probationary period is overused. For an at will employer, the employee is at will the whole time. So the purpose of probationary is to take a good look at the employee and see if it is a good fit. Usually, an employer will have a face to…
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A probationary employee has the same rights not to be discriminated against as any other employees. That doesn't mean that probationary employees can't be held to a higher standard -- they can be. It is perfectly acceptable for an employer to cons…
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This will depend on the law of your specific state. Some states require delivery on payday. Some probably require mailing by payday.
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Generally, the fair labor standards act will allow the company to round de minimus amounts of time (for example 10 minutes). But the company must round consistantly, so if the employee clocks in 10 minutes late, he gets the benefit; whereas if the …
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If you are not in California, you will need to check your state's law. Under the federal law, the general rule is that hourly (non-exempt) employees are entitled to 1 1/2 time for hours worked over 40 in a workweek, but some states have additional …