davids
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Comments
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We set salary increases according to the change in CPI from March 2008 to March 2009.
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I have dealt with similar situations in the past. We have given the employees one year to use the hours. At the end of the year, we paid off the balance. We also gave employees the option to cash out all of the hours at anytime during the year, i…
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I believe the answer is no, except for the FMLA exception. Think about it this way: can the employee and employer agree to violate the statute? Can they agree not to pay time and one-half for overtime? Can they agree to pay less than the minimum…
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Paul: Although you have "issued" the pay, the employee has not "received" the pay. My guess is you are obligated to reissue the check. Under Oregon rules, an employer is obligated to hold unclaimed wages for three years. Although you have issued…
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I used to work in an office where the thermostat was in one particular employee's office. The problem was that this employee was experiencing hot flashes. She would change the thermostat from one extreme to another. Needless to say, other employe…
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All of our exempt employees receive 80 hours of administrative leave per fiscal year (in addition to vacation leave and three floating holidays). The employee can cash-out up to 40 of those hours. The administrative leave is "use it or lose it" an…
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It sounds like some organization's method to provide extra compensation to exempt positions that work more than a minimal amount of overtime. In my organization, all exempt employees receive 80 hours of administrative leave annually. It is to comp…
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The questions you should ask are: What is the reason for the cost of living adjustment? Does this reason apply to all employees? Theoretically, cost of living increases (as opposed to merit, competency or performance raises) are given because yo…
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I agree with others - you can correct the pay rate and require the employee to reimburse the overpayment. As a public employer, we do not have the choice of forgiving the over payment, so what we have done in these types of situations, when the ove…
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The fair thing to do is to give all employees the benefit of the holiday even if it happens to be on the employee's day off. Providing either a day's pay or additional leave seems appropriate.
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My first comment, based on 20+ years in HR, is that when it comes to compensation, there is no one right way to do things. You need to design a compensation structure that works for the culture of your work place and your industry. I have worked w…
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We require employees to exhaust their leave balances before going on leave without pay.
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I think I would start the conversation with the CEO by asking what situation prompted the prior legal advice to post no more than 8 hours per day. That might have been a response to a fact-specific situation that your CEO is misapplying to all situ…
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I agree with others that is not something you want to do. If you do it for this employee, it will be difficult to say no to others. However, you might to check your state's wage/payroll laws to ensure there isn't some crazy provision that requires…
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As a public employer, we do not pay employees for absences due to inclement weather or similar situations. The only exception is if we cease operations and send employees home, those employees get paid for the remainder of their shift. Employees m…
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My understanding is that overnight travel (not returning the same day) is only compensable when the travel hours cut across the employee's regular work hours, even on a non-work day. Since your employee regularly works M-F, 8-5; you would only pay …
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As your policy defines call back as "called in outside of the employee's regular shift" (based on your statement above); I think the employee has a valid argument. Of course, as the employer's representative I might dispute that interpretation, but…
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You do have the right to require the employee to use their vacation leave to cover the absence. But if the employee worked a full week, why bother? The issue for me is whether the employee cleared the "make up" day with his supervisor or took it u…
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I agree with others that the employer has the right to recoup the overpayment. Whether or not they can just deduct it from future wages may depend on your state's wage and hour laws. It would not be a bad idea for your friends to consult an attorn…
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Whether they are required, requested or invited, if they are performing duties for the employer, they should be paid.
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I will weigh in with Oregon's perspective. Rest and meal breaks are mandated to be taken at certain times "as practicable." The "as practicable" language does allow for an employee to take the meal break a bit later if there is a legitimate reason,…
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Yes, you can recover the over-payment. I am not aware of any statute of limitations in our (Oregon's) wage and hour laws. The Oregon Bureau of Labor and Industries has an employer assistance hot line at (917) 673-0824. They have always been extre…
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I agree with others - the employee should be terminated. My experience is that this type of behavior is usually the tip of the iceberg. If he has acted unethically in this situation, he is likely to act unethically in other situations. You are be…
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You will want to check your state's wage and hour laws. In my state, electronic pay stubs can only be used if the employee agrees.
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Sorry. I am in an environment where employees accrue sick and vacation leave monthly. So I did mean whatever paid leave is available to the employee.
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I don't think this is different from any other exempt employee who takes time off. You can require the employee to fill in absences with accrued leave. However, once the accrued leave is exhausted, you would have to pay the employee his/her full s…
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I don't think you will find any regulation that specifically says that you can't pay employees differently. However, the basis for the difference may leave you susceptible to claims under civil rights or equal pay statutes. You may suddenly realiz…
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We have always paid telecommuters the same wages as those employees who work in the office. Would you pay an employee who happens to live within walking distance of the office less than the employee who commutes 25 miles? How about different pay f…
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My interpretation has always been that if the travel cuts across normal work time even on a non-work day, it is compensable. So, in your scenario, if any part of the Saturday and Sunday travel is between the normal work hours of 8:00 to 5:00, that …
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We have not paid former employees in similar situations. If appropriate, the court will provide remuneration in the form of witness fees and mileage.