stilldazed
About
- Username
- stilldazed
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
If you keep your decisions based on job needs, issue the mandates to work departments or job categories based on job duties, and respect any potential discriminatory issues, you should be OK, unless there is a state regulation for you that would app…
-
Do not pay him for his time at the visit if you routinely don't pay other workers for their time at w/c medical visits. If you pay others, you should consider paying this one or risk setting yourself up for a w/c retaliation claim (from the suspend…
-
Agree with Nae. You can do it, but proceed cautiously and ensure that the contract work has nothing to do with the worker's regular duties. Also, review the multiple definitions of an independent contractor. The more of the criteria you have evid…
-
We have one in part of our operations--Stromberg. I've been with the organization since 2001, and it was in place when I arrived. I don't work directly with it but do provide troubleshooting support, and it can be tedious. I'm not sure it integra…
-
You may know this, but you have responses going on under another thread for this same question.
-
In the quick look I took, I think that you'll find that 'furlough' is an adapted name for a category and that there is no real 'legal' category. I had the feeling while I was looking that public employers had the tendency to call the person furloug…
-
Proceed carefully and consider whether your employer is public or private. I haven't heard the reference 'furlough' with respect to exempt employees, but FLSA will dictate unless a state regulation has a tighter restriction. I can tell that I put…
-
I generally agree with DavidS. There is no one cookie-cutter compensation plan that will work for every employer, and whatever you have in place in your company must be affordable to your company, support your company's culture, place you where you…
-
Oh yea, one more thing. To help formalize the process, we have an evaluation scheduled for the 90-day expiration, and the worker is either recommended to change to regular status or discharged for unacceptable performance during the initial 90-day …
-
I'm not sure this is what you are looking for, but we have a slightly different arrangement with new hires. They are employees, of course, but we have a probationary period of 90 days. In Florida unemployment, there is an option for an employer to …
-
My scenario is a stretch, but I think conceivable. If I were an attorney and had the opportunity to challenge an issue on that basis, I think I would just to confirm the outcome. Glad you have a decision you feel good about. best wishes.
-
I absolutely agree with other posters that as an employer you should refrain. Is your state, by any chance, a community property state? and is your employee married? If you are looking for legal guidance, that may be an option for you. However, n…
-
If you are requiring them to remain in their workplace to be ready for the lights to come on and begin working right away, you have restricted their activity (engaged them to wait), thus compensation is due. If you send them home to go about their …
-
We don't give cost of living raises, so can't help you there. The closest equivalent I would have to turn to would be state minimum wage in Florida. From 1/1/07 to 1/1/08, it has increased 1.79%, also not 3% and even further from enough to cover i…
-
The money is taxable because your company is exercising control over the fund and deciding how the money is distributed. You can call the money 'tips,' but the fund does not satisfy valid tip pooling arrangements outlined in FLSA. As a holder of t…
-
Exempt staff are paid a salaried $$ amount for a work week. Whether a holiday or 2 happens to fall within the work week doesn't change their salaried pay basis. Does that answer your question? If you are offering an extra holiday bonus-type compen…
-
I think your answer will depend on your source document, your organization's location, and your company's position on competitive wages. A good safe start may be to keep your own company's average wages at a number that is close to the average of…
-
Not sure if there is anything specific to Indiana, but a general rule is that if training is mandatory, the time is compensable. Check FLSA. Best wishes.
-
Are you in a union setting with a collective bargaining contract? Also, how many workers are you talking about, and for how long?
-
We are a retirement community, 500 employees. Payroll is in Accounting, sister dept to HR, both depts under CFO. Our payroll specialist reports to Accounting and has dotted line reporting to my position. HR provides legal input and troubleshootin…
-
Yes, you can do it. Caveats: 1. Ensure that the new wages continue to satisfy the FLSA minimum for exemptions. 2. Make it accross the board for everyone in similarly situated positions as a defensive move in case you are challenged for discrimi…
-
Can't speak for your state or your own company policy, which might be the source of your specific situation in that you are speaking a a comp time trade off for a number of hours under 40. Look to your own state's legislation on labor issues or you…
-
I happen to agree with DavidS that a well performing employee is doing more than completing the physical tasks of the job. Practically every job should include some level of accountability to support the company's mission/culture, safety objectives…
-
Not sure whether there is a specific state reg in MO; you might check there for guidelines on acceptable practice. I'm in Florida, and in Florida there are few--so my recommendation would be the following: 1. Counsel the worker formally and docume…
-
I hear what you are saying and can see both sides. I think the warning to require employees to punch in and out is in case you are challenged. You can have a policy that says employees will take a break and let the timeclock automatically dock the…
-
I just read something yesterday that clarified this issue for me and wanted to share in case you're still interested. The legislation applies to blue collar type jobs with physica labor. Florida's requirement is that laborers (generically applied…
-
We have mostly hourly workers and are a 24/7 operation with multiple work shifts in varying situations. I can't help you out much with an explanation and would guess that while the legislation is valid, it may also be a basis for negotiation/collec…
-
We in-house our payroll, but we use Ceridian for Cobra management and are happy with them. I find them to be reliable and accurate and can count on the fact that the work is done the way it should be done. Best wishes.
-
Your question is covering multiple subjects. My first advice would be to review how long you have been in HR and check your own perspective. You may be falling victim to one of the easiest temptations--that is to base your decision making on sub…
-
You can do what you policy says you can do in investigation/discipline situations as long as you don't break a state/federal law, including discriminate. Be fair and as thorough as possible with your investigation. Look for concrete evidence. Mak…