Hatchetman
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An exempt employee who works any part of the week is entitled to be paid for a full salary for the week unless a full day's absence occurs for personal reasons or for illness or injury that is compensable under the employer's paid sick leave plan, p…
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RT2, I didn't take it that PMaher works for a governmental agency. 541.5d isn't applicable to private sector. This section, does however, clearly indicate that any furloughed days during an exempt employee's work schedule may result in the loss of …
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Terry, I work in the public sector for a county here in California doing HR. Thanks for responding back with what your town's legal counsel indicated. I'm not even sure what our county counsel would advise on the ability of one of the Board of Sup…
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IF what you say is true, that your supervisor has "bad-mouthed" you undeservedly to managers in your compnay, then you should try and discuss the matter with a manager in your chain of command..may be the supervisor's supervisor. Do you know what…
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Well, if you want to give anything one last try... first review all your comapny's policies and practices about what it is suppose to do or has done with managers or emplyees in your situation...being able to skip senior management to talk directly…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-15-03 AT 08:33PM (CST)[/font][p]Take the issue on as "unauthorized absence." You don't have to approve an absence due jail time; I suspect no company does. That's not to say that if an employee is a…
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[font size="1" color="#FF0000"]LAST EDITED ON 01-14-03 AT 01:12PM (CST)[/font][p]That's up to you. If you want to make sure everyone understands..put it short and direct in the Handbook -- something like: "For non-exempt employees 'comptime' in li…
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Your best answer will come from your senior and executive management or the legal counsel to your agency or the city attorney. It may depend on your state's laws regarding public employers or at very likely the particular ordinances of your city co…
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Take a look at California Labor Code Section 201 and 202. If you believe that your former emplyer is not in compliance with the relevant provision on termination and the final pay check, contact the Industrial Welfare Commission in Sacramento.
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Give him a copy of the warning. When an employee refuses to sign the warning indicating that he or she has received a copy of it, explain to the employee that he or she does have that right and you understand that the employee does not wish to ackn…
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If her sole explanation is that the other emplyees are saying these things against her because she is black and they are white, then you will need to be prepared to prove that whatever you do with her was not becuase of race or other (illegal) discr…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-23-02 AT 07:38PM (CST)[/font][p]In Califonria, when an employee is terminated by the employer, the employer needs to give a written notice of the change in the emplyment relationship. But there is no…
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Ramirez, are you saying that you've only be absent from work twice since April?...one for the back injury and one for the pregnancy. If so, it sdoens't sound like MFLA, CFRA and PDLA are applicable. What has your overall attendance been like sin…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-23-02 AT 01:12PM (CST)[/font][p]I have the same general approach as Pork does. There is some informaiton missing and therefore it's difficult to say just what is what. Your absences....resulting fro…
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I have no problem with having a general handbook for everyone, but you may need to re-think your plan to incoroporate specific differences within that general handbook for the various divisions. I suggest have a general handbook but with supplement…
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I agree with Rocky. If you suspend without pay, do it full work week increments so that there will be no problem with FLSA. Also, all of our suspensions are without pay as well. Rockie is right that if you allow the emplyee to use PTO, he or she …
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The general rule is that an exmept employee need not be paid any salary for a week in which he or she performs NO work; otherwise he or she is to be paid the salary for the week unless permissible docking occurs as provided by 29CFR541.118a. I also…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-13-02 AT 05:37PM (CST)[/font][p]Legally, you probably can. What state are you in? "At-will" may be a basis, but there also may be other provisions in your state's laws that address convictions (guilt…
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[font size="1" color="#FF0000"]LAST EDITED ON 12-12-02 AT 10:06AM (CST)[/font][p]Let's see if I understand this right... An employee is thought to have hidden "saved accounts" (I'm not quite sure what those are but I assume they are not good) altho…
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Given that you are trying to make everyone happy.... What about job sharing? The two split the job of the current employee and the job they both want.-- each one during the week spends 20 hours on each job. You'd have to work out combined pay rat…
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Is it your intent just to test these two indivudals or do you want to give a post-offer vision test to any applicant for the job. If the former, have you discussed the work problems with the employees? What explanations are they providing? What do…
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Under FLSA, if the employer remains open on an inclement weather day that prevents exempt emplyees from coming to work on that day, then the absence MAY result in the docking of the salary for that day. The absence would be personal reasons. The e…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-26-02 AT 11:34AM (CST)[/font][p]I'm not quite sure what scars really establish. They may or may not be caused by an the individual being burned at work. And is there acertain number of scars that ar…
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More accurately, exempt employees are exempt from the "minimum wage mandated by federal law" (assuming the exempt criteria is met) and the provisions of FLSA in providing time and a half for each hour worked in excess of 40 hours per week. Generall…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-21-02 AT 03:41PM (CST)[/font][p]Regarding question 2, "salaried" means receiving a pre-determined amount of money over a set time period. Thus, if the non-exempt employee is paid a weekly salary, h…
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I think you may have a hard time arguing "abandonment of the job" if the employee has been in contact with the employer through e-mail while he has been absent. You could argue unauthorized absence that warrants discharge. But I think that the em…
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I agree with Theresa Gegen. Any correspondence from the employer should be in writing through formal communications, minimally, especially those related to employment status and pay. However, there is certainly nothing wrong with additional commun…
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Until you know what the difference is between an introductory employee and a regular emplyee or whatever terms you want to use (other than "probation" and "permanent"), you can't truly be accurate in deciding what to call them. In this case, all …
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Exactly what is the difference between your "inductory" period and regular emploment? What is said in your policies about the introductory period?
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You need to provide more informaiton than that. Is leaving a waste can in the middle of an aisle the same in terms of a "strike" as drivng a company car while intoxicated? Give some examples. And are all incidents treated the same until the third…