Theresa Gegen TX
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You need to start her on FMLA intermittant leave. Once she is on FMLA, the FMLA regs (I believe, but you need to check the regs to make sure) will allow the employer to deduct for partial days absence for a salaried employee. Without FMLA you cann…
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I would not worry about the former employee. You have done your best. With the current employees, before taking any adverse action against them, you need to give them the chance to present the correct social security number. (Sometimes the reaso…
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There is a status that employees can be in called salaried non-exempt. The employee would be due overtime for all hours over 40. So just because they call her "salaried" does not mean that they are violating wage laws by reducing her pay. If she …
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She certainly could lose her exempt status. I would have 2 concerns with this issue. First, many exemptions are based on percentages of types of specific work. For example, if the additional work is related to her regular job, but is more clerica…
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$2.13 is the minium that the employer must pay tipped employees in hard cash. BUT, the employees still must earn the minimum wage (the $2.13 plus the tips must meet or exceed the regular minimum wage). As the employer, it is your responsibility to…
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I believe the department of labor regs allow de minimus rounding (for example 10 minutes either way) -- but it must be done consistantly. In otherwords, if the employer rounds down 10 min, the employer must also round up 10 minutes. Good Luck!
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I can see that that problem is that the employer has already taken out withholding (FICA, social security and tax) on the amount paid. So that will all have to be corrected. Also, the final W4 form will have to reflect the true amount paid to the …
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Here is the easiest way to solve your problem -- don't let employees go in the red on PTO. Most states won't allow you to take money out of the employee's final paycheck, even if it is owed, unless the employee signs an agreement allowing you to ta…
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For exempt employees, having them track their hours to project worked is no problem. But after that, you are wading into trouble. An exempt employee must be paid his or her full salary regardless of hours worked that day. As long as the exempt is…
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One issue is that the employees may be entitled to COBRA notice for their medical benefits. Sounds like this would be a qualifying event. Good Luck!
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To answer this question really depends on a detailed analysis of your job duties. Whether you were non-exempt in the past (or whether they paid you overtime) really doesn't answer the question. The question is "can the employer classify me as exem…
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Your state law govern's when the employer can make deductions from final paychecks. So if you get a form from someone in a different state, it may or may not comply with your state law. Good Luck!
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[font size="1" color="#FF0000"]LAST EDITED ON 10-03-02 AT 09:36AM (CST)[/font][p]Unless there is some specific law forbidding it in your state (Texas does not have any), you can require overtime. For the employee who refuses to work overtime, you n…
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I don't know of any exception, so you would probably have to pay them overtime. However to calculate the hourly rate will be a bit more complicated. The rate will be based on a weighted average of the two hourly rates. You may find that it is t…
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The people I was referring to are on salary. In otherwords, they do not get docked when the business is down and they work less than 40 hours per week. It is only when the business is up, that they get extra pay for over 40 hours a week. I am not …
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I don't know exactly what you mean by "hourly exempt", but I do know that some employers will pay straight time pay (an straight hourly rate) for hours worked over 40 a week to employees who are exempt. The purpose of this is so that the employees …
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This depends on a couple of things. 1. Do the employees have contracts that state how much they would be paid? If so, you are bound by the contract. 2. If the employees are at will employees, future pay can be renegotiated (NOTE: For work alre…
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Whether or not this type of use it or lose it policy is legal depends on what state you are in. It is legal in Texas, but I know some other states do not allow it. One thing you can do, it tell the employees that they must have their vacation sc…
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Yes, you can take the increase away, but only for future work. In otherwords, you can back date taking away the increase. For the time that she attempted to collect for both doctors (even though she was not sucessful), she should be paid the full …
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Generally that would also be a violation of the state pay day law also!
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The difference in my book is that if the salaried employee goes into do work on a weekend or evening and doesn't get anything done because he or she decides to goof off, who cares? The salaried employee will get the same pay regardless. And the sal…
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No, except in very limited circumstances. For example, some types of electrical codes (city codes) require that a certified electrician be on site to supervise the non-certified ones. (there are probably some others for specific types of jobs). Bu…
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The Company may have to pay back overtime to employees. The Fair Labor Standards Act provides for a 2 year limitation, and 3 years if the violation was knowingly. An employee could file a claim with the Department of Labor, a similar state agency,…
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I think your client may have more problems than just an equal pay issue -- although that would be a good place to start. The equal pay act provides that men and women doing the same work for an employer must be paid the same. The employer can defe…
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To determine if an employee can be exempt from overtime, you really need to look closely at the job description (not the title) and the regulations. The law provides exemptions for several categories of workers: supervisors, professionals, administ…
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It may be fine to give different amounts of pay based on education and experience. In fact, I think it would be a good practice to give more for the epericenced and educated employees. But you always have to be sure that you have a good, valid rea…
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It seems to me that if an employee wants to take a less demanding job, the employee also takes the pay that goes with the less demanding job. I would think that the only way to know what you should be paid in the less demanding job would be to comp…
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James, I think you can dock pay for exempts as long as they miss the entire day!!! For example, if an exempt worked on Monday, then didn't work the rest of the week, he would not get an entire weeks salary. Only a day's worth. But if the exempt wo…
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Hatchetman's concerns are right on. The Fair Labor Standards act is very employee friendly. I suggest you get legal advice about the specific positions you want to change from hourly to salaried. If your company makes a mistake, it would be very …
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I don't know about Mass law, but under the federal law, if the employee continues working through a break, the employee must be paid for that time. Also under the federal law, breaks under 20 minutes and meal periods under 30 minutes must be paid.…