CuriousG
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Comments
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Your "rounding" method violates the FLSA. Generally rounding is considered legal if on the whole it errors about equally for and against the employer. Yours is purposely designed to favor the employer in every situation. To be legitimate, you need t…
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Sounds like we all agree, docking pay is a bad practice, and so is working off the clock. Not only is it back practice, it is probably illegal, and could have far greater costs than the few minutes or hours each week that these departments or agenci…
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If the meal will be required in order to plan the work day, you will need to pay this nonexempt employee for the meal time. You need to look to the purpose of the trip, and the purpose of the meal. If it is simply a meal to provide nourishment,…
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Rockie, I think that the issue here is does your Controller want to be an exempt/salaried employee, or a nonexempt hourly employee? You should politely, and directly address this issue with her, and point out that the "agreement" she had is an illeg…
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It would seem that if the commission is to be based upon 'sales price minus administrative expense' that this deduction should not even appear on the employee's commission check. I am not sure I understand what you are trying to accomplish with th…
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>It appears that you are certainly doing due diligence in protrcting >your Exempt classifications but I do disagree with one of your >statements: "Salary is a method of payment........". In the context >of Exempt classification I…
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>We have a process whereby the exempt employee signs a payroll sheet at >the end of the pay period indicating how many days worked and the >"Time off request" is matched to the payroll sheet (sheet is for all >employees - small co…
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I guess I am a little confused. You say >>coverage began December 1st and the first deduction was taken on payroll date Decmember 4th. That sounds to me like you are collecting premiums contempory with the period of coverage. I assume you …
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Our company follows the same procedure your does, deducting any remaining employee contributions for the current month from an employee's final paycheck. The wording in our benefits materials and employee handbook also state that "health insurance …
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M2-I too face this situation. My recommendation is to "make haste slowly." I would quickly review this situation with competent legal counsel. In particular chose someone who is familiar with BOTH the relevant state's Worker's Comp system and Fai…
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Well, our experience has been completely different. The plans were offered before I came to work here last year. The agent who did the "sell" only wants to come in once a year to make her pitch, and employees have found that the attorneys who part…
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You will want to reverify the returning employee's I-9 status and probably will want them to complete and updated (2001) W-4 form. You should also report them as a "new hire" to your state New Hire Reporting Center.
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>We've been using AFLAC for the past year and it's worked out well. Be >VERY CAREFULL in selecting your sales rep, however. They give the >term "hard sell" a whole new meaning. It's wise to sit in on all of >the employee presen…
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I am no legal expert either, but I do Administer a Section 125 POP plan and have had to address this type of question. I have seen plans that go either way on the issue, but the IRS guidelines do seem to cover the situation. There are two question…
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I have used such approached in manufacturing. In fact my current employer has a program that was instituted before I arrived. I hope to beef it up in the future. I like Margaret's approach of paying the referral bonus in installments. We did tha…
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You need to consider another "hook"-your Pension or Retirement Plan. Some plans grant Benefit Service Credit in their benefit formulas for time spend on an approved LTD. If you terminate the employee, you could make tracking and crediting this servi…
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COBRA does provide an exception to offering COBRA rights to an employee guilty of misconduct. There is a bit of urban legend about the strict regulations issued to implement this. The story has it that a Senate Aide working on the COBRA bill was a…
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The others who have replied are correct, you need to deal with an independent isurance broker (not a stock or commodities broker.) Be sure the broker you select has extensive experience with design, installation and administration of employee benefi…
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Tricia-I know what you mean. I had a maintenance man at a previous employer who faked a fall from a step ladder and a back injury. We later found out we later found he had a history of this kind of thing with a string of employers. We put surve…
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I make all job offers conditional upon at least three (3) factors. 1) A satisfactory background investigation report, 2) verification of identify and right to work in the U.S. per the IRCA, and 3) any pre-placement medical examinations required for …
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At what point does "reasonable accomodation" for one, become an infringement on the rights of others? Way past this point.
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Every state's Worker's Comp program is different, but I think I would discuss with my comp carrier the possibility of petitioning to end TTD benefits. There does not appear to be any medical evidence to support the payments. If you successfully do…
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The Family Medical Leave Act requires a covered employer, who has an eligible employee take a Family or Medical Leave to treat that employee as if they were present at work during their absence. This means they are entitled to any benefit(s) they w…
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Let's make it three votes for reviewing this with local counsel. My advice is do not treat this as a "single issue" action. Review all the possible actions this employee could bring, and then make the right decision for the right reasons. In my …
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Taking this as a Worker's Comp claim may not be all bad. Worker's Compensation spells out the limits of the recovery an employee is entitled to. Under premises liability your employee might sue for things like "pain and suffering" which would not us…
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I would be very careful, but I have used "live rounds" when doing safety training. You want to eliminate names, or change them and stick to a general discussion of the incident (cause and effect, contributing factors)and the results. We have even po…
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I agree with Hatchetman, with one addition. Your original post states the employee spends a lot of time discussing her medical condition with he co-workers. If this is during production time (not breaks) then you do have a right to counsel, and if…
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My opinion, as a HR Practicianer not legal advice, is that we can require an STD leave or vacation to be designated FMLA, if we have sufficient information at the time of request to know that is would or probably should be covered by FMLA. >The …