pork1

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pork1
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  • TBhrCADAS: Yes, if I'm reading your post correctly! If the meal break is compensated for, does it have to be 30 minutes? 30 minutes or more depending on how the employer wants to use this shut down time. Anytime, "once some employee enters the 30…
  • Our policy is that OT >is time and a half after 40 hours worked. That is still the law, after reading your posted words, I get the feeling that you are including the sick time or PTO time as "working hours", which they are not. In any w…
  • ULTRASUN: Based on your post and "the company required to be ar the company showroom in excess of 50 hours and perform basic duties of displaying and storing products for sale" does not read to me as the current standard test for an "outside sales …
  • CATHERINE: This is a very important question, be sure you research this first before gathering time cards and sheets for re-calculation. Did this information come as a complaint, an inquiry, an audit, or what? PORK
    in Paid breaks Comment by pork1 May 2005
  • PIPER: Welcome to the forum. As "Don" has stated your payroll person is in error. Don is correct with the time requiring being paid as time worked; however, the final word of "overtime" is not paid unless the 40 hour requirement had been met, I k…
  • STRETCHED2THIN: You can pay an exempt employee by the hour, but when you do you are most likely destroying their EXEMPT status and time and one-half would always be required for all hours over 40. We choose to pay our supervisors, who supervise gr…
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-19-05 AT 02:14PM (CST)[/font][br][br]HUNTER1: It is in the instructions for the 1099. I did a google and got into the IRS and the 1099 forms, there is loads of information, I became frustrated becau…
  • SHADOWFAX: I believe there is a missing piece to this issue. If you allow anyone to work while they are to be out on a meal break, THEN THE MINUTES ALLOWED FOR WORK must be paid, regardless of the company policy for rest breaks and meal breaks. N…
    in Meal Breaks Comment by pork1 April 2005
  • GREGORYSCOTT: I sincerely hope that this question or post you made shows you how valuable the forum is. Granted from time to time, we go off on a different route, for that, there is no apology for it is all great learning. I apologize to you for …
  • GENE: Everything, that you have written is well taken by all that read you masterpiece. You too should go to the effort to "Google" up the words referenced by me, where you can then issue an apology toward me in this open forum. You will find t…
  • DON: I AM OUT OF HERE, TWO HARD HEADED OLD HRs stuck in their belief and experiences may be entertaining for some, but for others it may be a waste of time. Prejudical, I am not, if you had gone to the paragraphs to which I refered, you would have …
  • Don: Get the donuts on the way: 32b04b, of the FLSA is the paragraphs and subparagraphs that covers Irregular hours worked. You are absolutely right, however, What was missing to you guys was the base salary agreed to in our agreement. The bas…
  • Don & Shadowfax: First I believe that we are reading from interpretive Bulletin Part 778. Ok, I could be wrong in some points, but I'm very clear that 778.114 (a)gives the employer the ability to develop a compensation plan which clearily la…
  • Thanks, I thought so too, there were very few errors with the actual words provided the journalist. Don, in no way are we in violation of the overtime provisions, in fact we are doing better than the O/T provisions. Paramount to this system are th…
  • Don: The process is termed "Fixed salary for a Fluctuating work week". We took 55 hours and calculated the cost of 55 hours of work for any non-exempt employee with 15 hours of O/T. We then set up an agreement document with the employee that he w…
  • TN HR: You know sometimes you should step back from your barbs, read the material before you write your words which load up the gun and point it at yourself!. You words read very dumb to quote to me "778.114 of the FLSA". I will expect no less th…
  • GREGORYSCOTT: We currently have two employees on this type of compensation package. We have two places where the daily work activities requires someone to service the facilities and the animals with food, water, and medication. They are isolated …
  • Sometimes, we all do, especially when the forum and the computer do not function as well because there is a majic button in the system, that allows the police to hold up on any of our post so that the police can read our words and decide to post it …
  • Folks I apologize for confused postings, for some reason my instant gradification for a post, simply does not appear. So I accept the mess-up as being my fault and then I attempt to post another, then when I post new message maybe one or non are the…
  • It reads to me like the same thing that my HR assistant does for her keep, and at $12.50 per hour plus overtime. Next year she is completing her 4 year college degree and she asked me the other day if upon graduation would she get to be EXEMPT. Th…
  • DDOG: With 100% of the posters telling you your position is non-exempt now I for one want to know more. Have you been properly treated over the last 18 years as a non-exempt? Have you been earning O/T? Why would you want to become EXEMPT verses …
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-05-05 AT 02:46PM (CST)[/font][br][br]DDOG: With all of the physical activity that I picture you doing, to do the same thing that my HR assistant does, I have no choice but to advise you that you are …
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-05-05 AT 02:55PM (CST)[/font][br][br]PACER: I can just picture you as one of my very fine and highly qualified librarians getting the job done and worrying yourself to death. As I read through sever…
  • And so well written, I agree with ever word. Pork
  • HR IN FL: You are to much, does it matter? PORK
  • LORVIS: DO A GOOGLE FOR 785.38, .39, .40, AND .41. In my book 785-41 says, unless the person is the pilot or a part of the airline staff for the trip, the employee is not working and therefore not required to be paid as working time. 785.39 then sa…
  • I concur; watch the reaction of the management team, when they see the O/T cost mounting up in this supervisor's P & L. I am positive the occasional will remain occasional and not long lived! PORK
  • SHADOWFAX: Yes, but would the words "task not available for nonexempt employees" not apply in this situation. I believe I would do as Don suggested but make sure this is only for a short period of time required to get some other Non-exempt ee/perso…
  • MAINIAC: As to your last question. I would shorten the time being held over their heads. We pay for the initial "drug screening" and with their signed agreement, if they leave us prior to 90 days then we take the cost of the drug screen out of th…
  • SHADOWFAX: The Federal District Court for the Eastern District of Pennsylvania, the court noted that under the salary basis test, the general rule is that a salaried ee is not to be "docked" pay because of a reduction of hours worked or quality of …