Don Avery
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On a transfer where the employee doesn't receive an increase, we kept the review date the same if the review date from the prior position was less than 6 months away, or moved it to the date of transfer if the review date from the old position was l…
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If the primary purpose is to furnish information that is useful to the employees, I suggest that the main emphasis should be on details concerning the protection that each Insurance coverage provides for the employee rather than the cost that the em…
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No, to the letter. I only referred to well known (to me) peers and then only by telephone. The gist of the conversation was that: "while recruiting for XXXXX, I had a candidate(s) that looked good to me but who were not selected and I wonder if yo…
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For good candidates who were not selected, my practice has been, when calling to give the bad news, to ask the applicant if he/she would mind if I referred their resume to a peer in another specific company. It does take some of the bite away from…
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Mike: I'm with you. Anything negative that happened 3 + years ago has either been corrected by the evaluee or is the fault of the Manager. Besides, just how thick can those HR files get.
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In my humble, non-legal opinion, it would appear that the activities you describe benefited the employer and as such would fall under compensable time for those employees who are legitimately non-exempt. The courts have consistantly held that compe…
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Please see answer to previous question.
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Not knowing the culture of your organization, I can't say for sure what your position should be. I do know that in the culture of my Hospital (1100 employees) total immersion seemed to work well. As part of a total revision of our compensation sys…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-15-01 AT 10:26PM (CST)[/font][p]With all due respect, I have to strongly disagree. An employee does not have to qualify for Exempt status in order to be salaried, but in order to be legitimately clas…
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We included Vacation and Holiday hours in the OT calculation based on the premise that Management controlled when those hours were used and could avoid OT by not scheduling more than 40 hours including Vacation and paid Holiday hours. Note that sic…
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Median salary paid would be better to measure typical paid rates.
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There are no Federal legal limits to the number of work hours that can be required from an employee, especialy if the employee is Exempt. For non-Exempt, the prohibative cost of overtime acts as a self limiting factor for the employer. If the emplo…
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The only advice that comes to mind is to make sure that you give sufficient warning before the effective date of the change so as to allow employees to use up any days that they are in danger of losing.
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Since the employee starts working at home that would seem to be the first work site of the day and subsequent travel would therefore be between worksites, and as such payable as time worked.
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Your potential problem won't be with the FLSA but instead with the IRS. If you are his only clent and the only one he has ever had, it starts to look shakey. Especially if he does not carry his own performance liability and workers comp. insurance.…
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Just as an aside, job titles for Exempt positions that use Assistant as a modifier, such as Admin. Asst., and HR Asst. are red flags to W&H examiners should you ever have an audit.
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Aside from the question of whether it would be legal to not pay those relativly new exempt employees for the Holiday, arn't you treating them rather shabbily? These are the people who are required to work as long as it takes to get the job done desp…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-21-01 AT 03:10PM (CST)[/font][p]Are the abusers able to get their work done, with sufficient quality? If they are able to do that and still be gone a lot, they do not have enough suffiently challengin…
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Excellent Point! One of these days I plan to get that on my home phone. Perhaps that's why it didn't occur to me. With that in mind, I would run it by a Labor attorney. Of course, one could use a payphone away from your place pf business.
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There are no Federal laws that require breaks. Labor laws in some States may require breaks so you should check with your State DOL (anonomously of course) concerning any requirements specific to the State in which you do business.
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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 believe that it is mor…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-18-01 AT 12:30PM (CST)[/font][p]In my humble, non-legal opinion, you appear to be coming very close (if not there already) to jeopardizing the Exempt status of these employees due to the fact that you…
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See answere given to the same question under the Wage & Hour thread.
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To the best of my knowledge (but since I am not an attorney that isn't extensive), there is no legal bar from your present practice. We reqired employees to pay the whole premium after 4 weeks of unpaid leave regardless of whether they were FT or P…
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Is the amount saved worth the hassel? What are the type of occasions that might cause an employee to work less than 30 hours. Are there times that they are not scheduled for at least 30 hours? How often does it happen that they are paid less than…
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Assuming that each facility has a separate budget for which it is accountable, you may find that facilities will be reluctant to receive an employee in a transfer who has a significant PTO balance because it would have a negative impact on their bud…
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It has all of the appearances of being extremely opportunistic in eliminating an employee who has not been performing well, but on whom you do not wish to spend any more time. I would expect reviewers to also suspect that.
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Assuming that the individual meets the IRS critiria for Independent Contractor status, you do not need an I-9 any more than you would need one for the employees of the Electrical comtractor that you might call in to do repairs.