Hatchetman
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I agree with Pork that there is always a risk that you may have improperly "labeled" these employees as exempt" when in fact thay were non-exempt. But if so, get that corrected as soon as possible and pay any back overtime due. FLSA and DOL do con…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-26-02 AT 05:48PM (CST)[/font][p]There should be no problem since non-exempt (hourly) is considered the "preferred" status under the law. FSLA doesn't require an employer to justify non-exempt status …
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They can all quit. They can contact a union, like the Teamsters, to try to organize the workforce. They can contact an employment attorney to see if there was any binding agreement made by the company in that January representation. If they are s…
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I suspect that many state laws permit the emplyer to dock the employee's accrued time benefits to cover absences that are linked to the claimed injury pending the final determination whether or not the injury does in fact fall under workers' compen…
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While I don't work with commissioned sales people, may I suggest that you take a look at DOL regulations at 29CFR541.5. It identifies that it is possible for a commissioned salesperson to be exempt from the overtime provisons of FLSA. Also, check y…
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No. The issue for the actual on call status is whether or not it would be considered work time. FLSA doesnt' give any specifics, although your state wage and hour law might, if there is one. Under FLSA, the issue for on call status and compensa…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-01-02 AT 01:14PM (CST)[/font][p]If you are just requiring the anger management classes, that would be no problem under FLSA. It wouldn't be work time since it is not part of his duties. However, if y…
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[font size="1" color="#FF0000"]LAST EDITED ON 06-19-02 AT 10:21AM (CST)[/font][p]Sonny, if you want to track FMLA time while the person is using paid "personal time off" or paid vacation time, change your coding systme. I don't know what codes you …
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Under FLSA, there is no maximum hours in a day an exmept employee is limited to. Remember, it's not the hours, it's the job (wasn't that the Army's motto for years) that the employer is paying for. So, while ridiculous, under FLSA, the emplyee cou…
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We have a similar policy -- the employee must be on a "full pay" status the day before OR after the paid holiday. As you can see, we don't require both ends, only one end be on a full pay status (I say "full pay" because in one of our accrued sick…
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FLSA sets "default" status as non-exempt, hourly...which means time and a half for overtime (above 40 hours per work week). An employer may determine that a position is exempt from the overtime requirements (and from minimum wage requirements) if t…
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I'm assuming these emplyees are hourly (non-exempt). If you have them go back and re-do the work without paying them, you'll be violating FLSA. Hourlies are paid by the time they are work, not on the quality of their work. If they failed to do th…
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Under FLSA, you are not required to pay an emplyee for itme spent on overnight travel -- assuming that time would no be the hours he would be working and that he performs no work. Thus, if you are paying the non-exmept emplyee for time spent on ove…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-18-02 AT 01:25PM (CST)[/font][p] Take a look at 29CFR541.314(a). This provision specifically states that lawyers (along with physicians and school teachers) do NOT need to meet the salary test in or…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-10-02 AT 03:19PM (CST)[/font][p]Assuming that there is nothing in your state law that provides a more "favorable" approach for an exempt employee, FLSA doesn't speak to the length of suspensions direc…
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[font size="1" color="#FF0000"]LAST EDITED ON 04-08-02 AT 08:01PM (CST)[/font][p]Since you're identifying some work that is under 40 hours per week as possibly being "paid" as "comp time" to be used later and paid as earnings when it is used, I thin…
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While there may be some provision hidden somewhere in a state law, federal law does not require that all employees in the same job receive the same rate of pay unless of course there is illegal discriminatory intent or impact (e.g., to women, minori…
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First you need to identify why some employees are paid for their lunch hour. If there is a restriction on them that requires that they be at their desks or doing work, e.g., you may not be able to "convert" them. So, the initial question is why ae…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-19-02 AT 05:27PM (CST)[/font][p]In FLSA, a work week is applicable to non-exempt employees and jobs. An employer may have different work weeks for different jobs. You would have to standardize the wor…
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Let me make sure. The employer is "refusing" to pay the employee for the drive time to and from the airport on the basis that driving is not the employee's regular duties and that it occurred on a regular day off? Even though it may not be the emp…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-20-02 AT 03:55PM (CST)[/font][p]I'm assuming that this emplyee's duties include driving and the specific assignment is to pickup people at the airport. Such time is compensable as work time. The i…
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Since you say the training is REQUIRED, even though it is occurring on a Sunday [which is inclusive of the Monday through Sunday work week you have], then it has to be counted as work time. Since the non-exempt employees would have put in the 40 ho…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-28-02 AT 07:31PM (CST)[/font][p]If your standard work week is 36.25 hours except for those individuals in the mail room BECAUSE you need THEM to be there until 5 to handle the late mail, and this empl…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-20-02 AT 03:09PM (CST)[/font][p]Since the concept of being able to suspend an exempt employee at all for non-safety related disciplinary actions, under FLSA, is based upon the concept that you don't h…
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Since I am not a lawyer, I can only address your question as I understand it as a human resources administrator. in California. California law (and regulations) do not require that an employer maintain a minimum number of hours of work per week fo…
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[font size="1" color="#FF0000"]LAST EDITED ON 02-21-02 AT 03:34PM (CST)[/font][p]Under California regulation, Labor Code 515(f), registered nurses who practice nursing are not eligible for the professional exemption provided for by FLSA. In Califor…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-19-01 AT 07:13PM (CST)[/font][p]The issue is whether or not the non-exempt employee is performing duties in the phone conversation. Additonal consideration is how much time is actually involved. I…
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You need to give a little more detail on what the training involves. Training may be work time and therefore payable as work. To have training NOT counted as work time, the Department of Labor regulations require that it occur outside the employee…
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You probably need contact your state's "labor department" or search your state laws as garnishing earnings generally falls under state laws. I don't think a simple letter from an attorney would do it. It proably needs to be an order from an approp…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-21-01 AT 03:36PM (CST)[/font][p]Yes, you can with non-exempts. With exempts, you would have to do so in full week increments unless the basis of the suspension is a violation of a major safety rule: …