crawfod
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Although I didn't believe it, I found this on the NY state labor website, so it's pretty clear that NY Exempts are not excluded from meal breaks without a special permit. But I noticed California Exempts are not required to be given a meal break. …
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I went to the DOL website for meal period rules by state, and copied NY's rules. As to a policy, I would issue a memo that quotes the standard that affects your employees and say this must be adhered to. The supervisor must enforce this. I think …
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From whom are you receiving a complaint? Sounds like her supervisor has been okay with her work schedule. If the complaint comes from a fellow NY employee, I'd refer her to the NY supervisor. A policy from afar will not be effective unless the su…
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She got the phrase from 29CFR 541.602, and you can make deductions from exempt employees. For example, if you have a STD plan that pays benefits after a 7 day disability waiting period, and then pays 60%, you don't have to pay the full salary. DOL…
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Linda, you may want to check out 29CFR 516.2 which details record keeping requirements. It's nice of you to try and soothe these employee's feelings, but ultimately you may just have to say, "I'm sorry but your duties do not qualify as exempt, ther…
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"They would be given the same other benefits as the exempt level EEs but the issue is the tracking of their time." Linda, what other benefits are you referring to? And, as a "salaried non-exempt" does that mean an employee gets the same pay each …
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I believe you can deduct up to 8 hours for that day. We would allow the employee to choose combinations of sick leave, vacation leave, or leave without pay. The leave balances are printed on each week's pay stubs, and our workforce is pretty aware…
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JMCAA, minor detail probably but if the above form is what you use for Section 125 purposes, do you have any wording that includes "pre-tax deduction". Our premium only plan (POP) form has a sentence that says, "Please indicate which benefits you e…
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We're similar to you, unfortunately. Our intent is to find a vendor who provides a merged Payroll and Personnel system, whereby Personnel will enter new hire info, plus pay changes, benefit rate changes, etc. This would eliminate much of our Payro…
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If I worked 32 regular hours, had 8 extra work hours, and 8 Sick Leave hours, and are therefore entitled to be paid 48 straight time hours, why would I want to be paid for 40 even though my sick leave balance would not go down by 8 hours? I say sho…
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First, I would agree you have a problem. Your Ohio branch has violated your company's policy by not paying them properly, plus FLSA rules have been violated. The question is how do you rectify the situation besides the obvious change being to imme…
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Catherine, how many employees have been affected by this situation since 2003? My math says you're dealing with 2.5 hours per workweek.
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You're right, Shadowfax, I was quoting Illinois law, not TN, but now I'm confused. I copied the below from the Illinois DOL website, which is where it states 20 minutes, but, on second thought, I didn't think a State could have a rule that was less…
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I agree with the others, you owe them money. You also asked where this type info is, and you can do a Search for State of Illinois DOL. Then go to their "Keywords" section and type in Lunch Breaks, and it will bring up your state laws. I believe …
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Welcome to the Forum. Federal law does not require meal breaks, and if you go to the Indiana Dept of Labor website, it also says Indiana has no requirements for meal breaks. So technically, you can let them go 10 straight hours. I agree with the …
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Here's the wording that confirms the 20 minutes for rest periods. Then, go on to 785.19 for meal break info. [url]http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.18.htm[/url]
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Employers who offer salaried overtime arrangements can gain by the employee's feelings of status or prestige and the trust that they will do their job with less monitoring because they are professionals. Plus the culture of such arrangements is tha…
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Welcome to the forum. I'm not a payroll expert but I can tell you the W-4 form clearly states on the back page "Failure to provide a properly completed form will result in your being treated as a single person who claims no withholding allowances."…
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Welcome to the forum. Marc's advice is excellent. To learn more about the complicated world of Exempt vs Non-exempt, you may also just need to spend time reading. Here is a web site to help. [url]www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/toc.…
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Many employers have reimbursement policies for training and the more signed authorizations from the employee regarding the terms the better, so you're on the right track. Deductions from final paychecks can get a little messy under certain circumst…
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Shawowfax, just to jump back in here, it is my interpretation that no reduction would be permitted for your circumstance of lack of available work, unless the exempt employee worked zero hours in the affected week.
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I believe the silence of other posts indicate you're correct. "In general, if the employee is ready, willing and able to work, deductions may not be made for time when work is not available." (29 CFR 541.602(a)) Plus there are 6 exceptions listed…
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You have a right to set work hours and working conditions for your business as you see best. Your challenge then becomes finding workers willing to accept those terms and hopefully doing so in a productive manner. Are these changes permanent or on…
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Thanks for taking the time to explain. Both the township info and SS info was very interesting. One more question: So your township does not withhold or match the 6.2% normally marked for SS. Do you withhold the 1.45% that goes to Medicare for y…
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Wow, my mental image of your township was nowhere near close. 130,000 people and only 67 employees? Your Fire and Police services must be provided by some other source. Our city is 25,000 and we have 300 full time employees. Sorry to keep deviat…
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He was actually a firm out of Georgia who had been hired by a neighboring city of ours to do their pay study, and since they wanted my city's participation, I asked him to visit me to discuss my city's situation. He was naturally very willing to do…
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Prairie, in my city I did the same thing you are doing, in that I found a pay consultant who had city experience and was willing to meet with me and offer free advice and a rough price I could expect depending upon what services I wanted provided. …
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Since it appears you are with a township, you probably have some legal obligations to bid this project publicly by using a Request for Proposal (RFP). This means you have to identify what it is specifically that you want a firm to do for you, ie, s…
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The wording can be found in the Preamble to the new rule changes. Try [url]www.dol.gov/esa/regs/compliance/whd/fairpay/preamble_final.htm[/url] and look at page 22,178.
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You're right about jury duty, as long as the employee performs some work during the week. But, a policy stating that exempt employees who serve on juries for extended periods of time will not be paid for workweeks in which they perform no work is p…