LadyAnn
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If you are subject to Affirmative Action, you have to retain them for two years. This is spelled out in the regs - I believe it is section 60.1
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Forget about the possible drug problem. It is not your problem. Instead you need to focus on the attendance issue and how her performance has been suffering. That is your problem. You need to document what the performance problems are just like yo…
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It also may depend on how your "workweek" is defined and where Saturday falls in that workweek.
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If the intern has provided help, then she may not fit the DOL definition of "intern". I would tread very carefully here.
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I don't see the need for any ADA discussion. The employee has not worked in 9 months. Even under ADA, you have to be able to at least show up for work. Then you worry about accomadations. I see this more as the fact that the employer has been mor…
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No, that is not correct. Depending on how large your company is, what your contract with your insurance carrier states, and what state you are in will have a bearing on how long you should continue health insurance and/or consider the employee an e…
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Sleeping on the job is not embarrasing, there are a lot worse things. If the employee brings up a medical condition, then the employee needs to bring you documentation from the doctor. I would not take this as word of mouth. And yes, I have experi…
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The first thing you need to consider is the legal implications. In CA, accrued vacation is considered wages and must be paid upon termination. If you include this in your PTO then there is a good chance that your entire PTO will then be considered…
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A salaried non-exempt employee would not have to meet the test for the minimum weekly salary. The minimum weekly salary test is part of what determines that the employee is exempt from OT. Since you have already determined that the salaried employ…
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What is the role of the Production Manager? It is to manage production in a way that will bring profit to the company. What is the role of the Shipping Manager? To manage shipments in a way that will bring profit to the company. Same thing: the rol…
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I actually did this until about 6 months ago, BUT let me explain the scenario. I work in a manufacturing plant that had bells that would signal when it was break time, lunch time, etc. Everyone in the plant took the same lunch (from 12 noon to 12:…
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As TXHRGuy pointed out, it is on a case-by-case basis. But when I originally read the thread, I was thinking in lines of someone who has already been approved for FMLA. The type of leave and other particulars would still determine what or what is …
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What did the doctor state in regards to the duration and frequency of episodes of incapacity? Is she exceeding this or did the doctor state that she might be tardy several times a month? Are you requiring recertification every 30 days? Also, I wo…
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There is a difference between docking pay and docking a vacation or PTO bank. The FLSA is only concerned with docking pay. You cannot dock pay if they do any work during the day. That is different than docking vacation. They are two separate enti…
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We have departmental goals. So ours are neither employee-based or company-wide!
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If your policy is to not pay any employee on vacation or other leave, then you would not need to pay them. The way our policy reads is that if the employee is on paid leave (such as vacation) then we would pay their holiday pay. If the employee is …
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Think of it as insurance. If you didn't provide this service and the deaf person misinterpreted what you said and injured him/herself more, your office could be faced with a malpractice suit. But I agree with the poster, there could be lots of rea…
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The job title doesn't matter, it is the job duties performed by the employee. If the job duties performed classify an employee as exempt under Administrative Exemption, then they are exempt.
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Does the employee have certification from the doctor saying she needs to be out for 6 weeks? If so, then it is legitimate. Knowing what my mother went through when she had a hysterectomy, this could very well have been a possibility. My mother was…
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To start: you can and should have everyone who doesn't have a correctly completed I-9 form fill out a new one. They would need to present either something on the current List A or something on the current Lists B and C. (Note: even if they gave Li…
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TXHRGuy: we started this discussion generic, I'm the one that brought up Texas as an example. Sorry if I muddied up the waters. But in any case, thanks for your link above.
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In some states this is outright illegal (Texas comes to mind), but other states it might be legal. The difference is whether or not this would be considered an agreed upon deduction. In Texas, you can't have a blanket statement but instead must hav…
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Here's ours: "Except holidays, employees must work forty (40) hours during a one week period beginning at 12:01 a.m. Sunday and continuing through midnight of the following Saturday to be paid overtime. Overtime will be paid at one and one-half tim…
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We accrued vacation every pay period. One of my states does not allow use it or lose it. Instead, we cap the accrual at 160 hours. Once an employee reaches 160 hours of vacation, they cannot accrue any more until they are below the 160 hours.
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I don't think I have ever hired someone in the first 60 seconds, but I sure have rejected them in that time frame.
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Legally - yes, you can. There is no law against it. Are you opening a potential can of worms - yes, you are. This could lead to potential challenges of racial discrimination if you are not real careful. Personally, I would not go down that path un…
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Reviewing the correct I-9 documentation and finding out the the SSN doesn't match the information is not the same thing. In fact, the SSA warns employers about making adverse employment decisions without giving the employee a chance to correct it. …
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You need to to tell the supervisor to send this employee to the SSA office the next time that the employee shows up to work. (If you really want to be on the safe side, let the employee do it while still on the clock). But if the employee does not…
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I think it is going to depend on your industry, why they are former employees and what type of position you are dealing with.
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[quote user="efeldman"]The abuse comes from not notifying their supervisor and take five days when it should have been three. [/quote] If they haven't notified there supervisor, then it is not managerial approved. I wouldn't pay it - require them t…