Theresa Gegen TX
About
- Username
- Theresa Gegen TX
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
There is absolutely no way that everyone can be exempt. Even in a lawfirm or doctors office, which is full of professional exemptions, the support staff are not exempt. Your management needs to fully understand the legal downside of what they are …
-
It all depends on the law of the states that the employees are in. Some states require delivery on a certain payday, and may define that as sticking it in the mail or may define that as putting it in the hands of the employees. Each state's law wi…
-
Unless the employee has a contract, or he can claim that you were motivated by unlawful discrimination, I do not know of any basis that he could hold the company liable for. Good Luck!
-
Most companies in California will have maximum accrual policy. California will not allow a use it or lose it policy, but you can have a company policy where by the employees can only accrue up to X amount of PTO. This encourges the employees to us…
-
that comes from 29 USC 207: (k) Employment by public agency engaged in fire protection or law enforcement activities No public agency shall be deemed to have violated subsection (a) of this section with respect to the employment of any employee…
-
The age discrimination in employment act is a biggy. Be sure that you have well documented the reasons for selecting her for lay off. If you want a release, you need to follow the technicalities of the law (waiting period, etc). You should not tr…
-
Here is something from the INS that may help: What is my responsibility concerning the authenticity of document(s) presented to me? You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the per…
-
Whether or not he is exempt or hourly depends on the tasks he is doing. If he is doing exempt work, then the salary idea would be okay (but it wouldn't not be blended hourly and exempt). If he is doing hourly work, he is entitled to overtime under…
-
You can if the tasks are actually different. (This will complicate any overtime calculations you have to do for this employee(. For example, an employer can pay a lower hourly rate for travel or training than other parts of the job. If the task…
-
But the company can pay different rates for different work. That MUST be announced before the class -- for example a company can pay minimum wage for driving time, but pay a higher hourly rate for other work. The overtime calculation becomes more …
-
There is no way secretaries are exempt (however, they can be paid a salaried non-exempt, in which case they would still get overtime). On the bookkeeper, it really would take a detailed analysis of the duties in comparison to the regulations to det…
-
You are right. Here is what the IRS says on its website ([url]www.irs.gov[/url]). (Note that the employee needs to be warned that if he really doesn't have 14 exemptions he can be fined): Topic 753 - Form W–4 Employee's Withholding Allowance Cert…
-
You are running a big risk. Especially if you company is going thru layoffs etc. It only takes one person to complain and the company could be liable for 3 years backpay of overtime to all those people who are mis-classified. However, you options …
-
The company can do whatever it wants. If the employees were told that the pay raises were effective Jan 1, that is when they were effective. Some other employer might have backdated them or included the whole pay period for ease of accounting, but…
-
If they are working, they must be paid. If they are not working during the time, they are not to be paid. (whether the punch out or not). The thing that cannot happen: They work, but the company does not pay them as a disciplinary tool. If the c…
-
What portion of the Fair labor standards act (which covers overtime) gives you authority to pay a weekly stipend (without paying overtime). I don't think there is one. I know there is a law that allows a daily rate to be paid in some instances, …
-
In Texas, pay of commissions will be based on the agreement or policy between the employer and employee. The policy needs to be very specific about when commissions will be paid. It is not uncommon for employers to have policies that state that an…
-
I don't understand what a relief hour is in your situation. Under the federal law, employees must be paid overtime for all hours worked over 40 per week (not 45 hours per week). There is no classification for a "relief hour" under the law that I k…
-
If the employee actually works the hours (authorized or not), you have to pay them for the work. You can write them up for working overtime without authorization, and eventually terminate them if they continue to do it, but the employee MUST be pai…
-
Another place you can generally find pay day information for a specific state is by looking at their workforce commission website. The Texas Workforce Commission has a very good site, with a lot of good free info.
-
In Texas, the labor code provides that an employee who is fired must be paid within 6 calander days. Lab. Code 61.013. If the employee quits, the employee can be given his or her final paycheck on the next regularly scheduled payday. An employ…
-
Texas law does not require any specific break time. The company needs to be guided by its own policy, what type of breaks will promote safety (this is a way the company could legally get in trouble, by not providing breaks, which leads to accidents…
-
As far as rounding the time by 6 or 10 or 15 minutes, the rule is that the employer must round up as well as round down. An employer who always rounds down (so that the rounding is always in the employer's favor) would violate the law.
-
Merely tracking the hours worked should not put the exempt status into question. There are several valid reasons to track hours worked: 1. To determine if work load is fairly distributed; 2. To determine when employee reached FMLA qualified statu…
-
This is governed by the local (state) law. Each varies about under what circumstances money can be withheld from paycheck. Most jurisdictions provide that a written agreement allowing the deduction from the paycheck must exist. In otherwords, you …
-
I believe that the FLSA allows employers to round time, but it must be done consistantly. For example, you could round 10 minutes either way. But employees who clock out 10 minutes early would be rounded up, just like employees who clock out 10 mi…
-
What I can't understand from the facts is: How many hours did the employee work per day. Sounds like she worked eight hours a day, for 40 a week, and got paid for it. She would not be due overtime unless she worked more than 40 hours a week. If …
-
I think that all you can do is sit down with the management and identify the issues that raising her pay will raise for the organization. Make sure that the decision makers understand that it will cause budgetary issues and that other employees wil…
-
The department of labor will look at it this way: One employer -- one employee NOT One employer -- one job If employee works over 40 hrs a week, employee is entitled to overtime, regardless of whether they are completely different jobs, so long …
-
Yes, if he is picking up the materials for the company's benefit (and don't forget about overtime). But he might be entitled to pay for his driving time on other days too. If he is driving the co vehicle for the benefit of the company (to and from…