Peyton Irby MS
About
- Username
- Peyton Irby MS
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
don: for some reason, i am not getting a notification when a MS poster comes on the forum. i have asked anne to inquire. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirby@wa…
-
questions from MS subscribers are copied to me. i believe i have responded to each legal issue presented. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirby@watkinsludlam.co…
-
Many employers require not only an initial disclosure during the interview/hire process but also an annual update. Many also require prior company approval of any outside service as a board member, etc. even for civic or charitable groups. Peyton I…
-
the best source is probably one of the banks in your area that employees use. they should have a generic form.
-
You should deduct pursuant to wage garnishment statute for the X amount which I presume will be the maximum allowable for a garnishment. Don't forget to file your answer to the garnishment. You should also contact the creditor's attorney and see i…
-
If the two companies are under "common control" and "common ownership", then all time worked for each counts toward the 40 hours. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email…
-
There is no requirement for an employer to keep time records for exempt employees. Most do not do so. If you are granting "comp" time to exempt employees, it makes good business sense to require accurate time records. Peyton Irby Editor, Mississippi…
-
The normal time is two years but can be extended to three if the DOL considers the violation to be "intentional". Intentional is, for example, not paying when you clearly know you should. Also, it may seek double the back wages due if they are alle…
-
Since the employee has received the money for his/her time, the recoupment can be done in the manner most likely to recoup the money. You can agree to withhold a set amount or a percentage of the amount owed per paycheck. Also, you need the to agree…
-
I agree with the other posts. There is no rule on whether an employee is to receive a salary or an hourly wage. However, time records must be maintained and OT paid at the appropriate rate for non-exempt employees. Generally, employers use the meth…
-
The safer route is treat her as an employee, not as an independent contractor as mentioned in the other posts. You should make it clear (by memo or letter) to her that the employment is temporary and will end when the other employee returns. That sa…
-
If you do not have a sick leave plan applicable to exempt employees, no deduction is allowed. The better practice is to deduct only for full day absences. Thus, pay a percentage of salary based on days at work within a workweek. Peyton Irby Editor, …
-
1. you may not deduct without her written authorization. 2. we do not recommend sending them her home address. advise the vendor she is no longer employed and not to send any further statements to the company address. Peyton Irby Editor, Mississippi…
-
i am not sure why the system would generate the paid hours as it does. the DOL does not require any particular type of internal bookkepping for exempt employees. you may want to consider manual notations or some advice to employees of the terms and…
-
the bottom line is that the wage & hour division of the usdol says any time over 40 hours in a seven day workweek is to be paid at overtime rates unless you are a health care employer and can use 80 hours in a two week period. Peyton Irby Edito…
-
non-sworn law enforcement personnel are paid as regular employees and you do not have the option of X hours in Y days before OT is earned. you do not have to allow the accrued time off to be used as requested. otherwise, i agree with the previous po…
-
the FLSA does not mention maximum hours that can be worked by an exempt employee. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirby@watkinsludlam.com[/email]
-
29 cfr 541.118(a) requires an exempt employee to receive his/her full salary regardless of the hours worked. (a)(2) allows deductions for absences of a full day or more except for absences caused by sickness or accident. if the employee receives ful…
-
i have been out of the office for ten days. hatchetman's response is right on the money. extra compensation for an exempt employee does not invalidate the exempt status as long as there are not other factors invalidating the status.
-
there is a statute in mississippi, as in most states, that covers this issue. the check goes first to the spouse, then adult children, then a parent. if only minor children survive, their guardian is next in line. if none of the above, to the chance…
-
supervisory and management employees can be prohibited from "concerted" activity and the NLRB will stay out of it. non-managerial, non-supervisory exempt employees do have the right discuss areas of mutual interest, including wages. however, even a…
-
since the initial payback was not due until november, you will have to file a collection action to recover. some debts owed by employees to employers are able to be "set off" against a fianl paycheck. however, the agreement here apparently does no…
-
it sounds as if you may have a potential discipline issue as well as a FLSA issue. see the earlier posts on docking. it is ok to dock for a full day--no partials--if you have the plans in place as discussed.
-
docking is permissible only if you have a sick leave plan in place for exempt employees. [see previous posts for the dol reg.] your post leads to the conclusion that employee has not become eligible for the plan or has exhausted available days. dock…
-
You are correct that as a new employer you have no obligation to maintain the same benefit levels of the seller. The purchase agreement should specify the responsibilities of the seller and the buyer. There are a number of variations including the s…
-
It is hard to say without knowing all of the questions the employing entity or the employees may have. 403B for tax exempt entities and 401k (available to all employers) are similar vehicles for employee savings. Depending on the plan language, inve…
-
Any reimbursement would be taxable income to the employee. As noted, the issue of some being reimbursed and others not or not as much can be a morale issue. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis,…
-
There are non-discrimination rules (no discrimination in terms of benefits provided in favor of highly compensated employees) with any "qualified benefit" plans under ERISA. There are too many variables to consider for a quick answer. Your best ave…
-
I agree that EBIA offers the best in basic training. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirby@watkinsludlam.com[/email]
-
unaware of any legal obstacle of NOT being able to require participation. sorry for the NOT being omitted. Peyton Irby Editor, Mississippi Employment Law Letter Watkins Ludlam Winter & Stennis, P.A. (601) 949-4810 [email]pirby@watkinsludlam.com…