sandra_d
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- sandra_d
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No - you have to pay overtime based upon the average hourly wage. The average hourly wage would be $13.33 per hour - the overtime rate would then be $20 per hour (40 hrs x $14 + 8 hrs x $10 = $640 / 48 hrs = $13.33). Nothing prohibits you from pay…
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THANK YOU for the link - very (VERY!!) helpful!!
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I'm not in TN, so don't know if you have state laws that apply, but we do generally require exempt employees to use PTO to bring them to 8 in a day, and I don't believe the FLSA prohibits it (so long as you don't make deductions when their leave is …
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It is my understanding that yes, you would owe overtime based upon an average hourly wage whenever bonuses are paid out that relate to the work being done. (A holiday bonus paid to everyone as a thank-you to employees, on the other hand, would not …
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For the very reason you describe, I phrase any language about pay increases something like, "The increase will be effective beginning with time worked on January 1, 2003."
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We just switched to a high deductible plan with an HSA this year, and I can't say anything has gone well, and I certainly wish we had NOT made the move ... hopefully with time things will get better. Anyway, one of our employees told me yesterday t…
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We have a 90 day waiting period for dependent care (since the employer can't lose money on that deal - the employee can only receive out what was put in) and a one year waiting period for health care flex (because employers can lose money on this be…
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Several years ago I discovered that one of our employees was covering his ex-wife on his plan. They were divorced for some reason I can't remember...something about receiving better gvt subsidy when single than when married. Anyway, they still liv…
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Be sure also that no state laws apply. In MN we have some situations where employees have leave protection under state laws, even when the company is too small for FMLA to apply.
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Personally I think the warning you gave him a month ago is probably sufficient to downgrade him to the 30 hr/wk category. I'm assuming his reasons aren't anything that may afford him consideration for FMLA, ADA, etc. where allowing him to stay in t…
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At my former employer, we did charge different amounts to employees based upon their tenure (the longer the employee had worked, the less they had to pay ... every two year increments up to ten years of employment the employee paid 5% less) and then…
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I have done this with three different employers. In all cases, the employees reaction were mixed. In all of my cases, employees had previously accrued both sick and vacation hours. The employees who did not abuse sick time were delighted as they …
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I too think it is fairly common, and have both given it when I've hired someone else, as well as asked for it when I've been offered a job. If you are too concerned, for legal purposes, or for appearances if other staff pay attention to how much pa…
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Can't the ex-wife provide it to you, especially since she is requesting the COBRA? I believe COBRA regulations simply state that the plan adminsitrator needs to be notified -- whether it is by the employee or any other covered person, I don't belie…
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It seems to me that if you are administering the plan, you have the right to update addresses, etc. I have updated addresses myself in the past, so I'll be curious to see whether anyone feels it is absolutely inappropriate.
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If the employee participated in a medical flexible spending account, and they have not received reimbursement for everything that they have contributed into the account by the time they quit, they can elect to continue it through COBRA so that they …
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We also ask people to either enroll or waive coverage in writing - we don't require that they provide all the detail that you ask for when they waive - just that they are choosing to waive. I think it is important to document their waiving of cover…
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We've tried to maintain paying 75-80% of the employee only premium, but also pay 50% of the family premium. Good luck to you in making this change, hopefully your employees will understand the need to do this!
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We switched to PTO in January 2002 (from vacation and sick) and our costs are up substantially ... so much so that we are probably going to be reducing the number of PTO days that can be accrued during the year. The abusers of sick leave continue t…
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Read your plan document - I would guess that there is language in there about how long after an event occurs that someone can make a change. However, in this case, I'm virtually certain that a change should not be made. (She should have estimated …
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I am under the impression that anyone with a health FSA must be offered the opportunity to continue if they have money remaining available to claim, without having incurred enough expenses prior to termination in the middle of the plan year. Once t…
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We do a "negative election" whereby employees are automatically enrolled into the program, and they need to take action to "opt-out". This passed our legal gurus in MN, don't know about your state. Doing this worked for us - employees living witho…
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Linda is correct - he will have to pay the cost of her COBRA coverage. If/when her COBRA coverage runs out, and he is still on the hook for paying for insurance coverage, he'll have to pay for a major medical policy, or if she works somewhere and h…
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Life insurance provided by employers over $50k is taxable. I believe the insurance benefits paid for by the employer for some of your employees would be taxable because not everyone is receiving that benefit. If the employer paid the full cost of i…
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Can you terminate if he doesn't pay timely? Yes you can - so long as you'd do the same for any other person on COBRA. If you've ever given anyone else a break for a late payment, you'll need to do the same for him.
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I believe if employees are able to switch back and forth between the two plans, a qualified beneficiary should be able to. If employees can't, then a q.b. probably cannot either. Check your insurance contract(s) and see whether this is permitted.
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True - no insurance until she elects COBRA. But, when she elects, it is reinstated retroactively to when it was canceled, so assuming she elects, there is no break in coverage.
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I'm confused ... why would she not have insurance beyond tomorrow? I don't know about your state, but in MN our state law is that insurance cannot be canceled except and the end of the month. If in your state, and by your insurance group contrac…
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I believe that she needs to be offered COBRA as anyone else would (in writing), she would need to elect COBRA within the timeframe everyone else is permitted to (60 days) and payment would be due when it is for anyone else electing COBRA (it's been …
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so what was the answer??