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Dec08

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December 8th, 2018, 8:55 AM |  Posted in: Human Resources Management |
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Nov24

Time Card Change

If an employee changes other employees time cards is that grounds for dismal? This employee is not a supervisor. She is just an employee. She has access to all time cards and changes times without authorization to do so.

Many employers will consider the editing of company documents, like timecards, without authorization to do so an offense warranting termination. Consider any timekeeping policies in place. Do any policies explicitly restrict employees from altering another employee’s timecard? If no policy or past practice exists, consider the employee’s reasoning for editing the timecards. Did she have legitimate reason to do so? Did she have any reason to believe this was part of her job duties?

Consider meeting with the employee to hear her side. After, consider if a written warning will suffice or if termination is warranted.

November 24th, 2018, 10:32 PM |  Posted in: Workplace Management |
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Nov24

Recordkeeping for Exempt Employees

Do federal regulations require that Exempt Employees record their actual hours worked on their timecard, or just record 40 hours for a particular week regardless if they worked more than 40?

Recordkeeping requirements under the federal Fair Labor Standards Act (FLSA) are for non-exempt employees. Thus, requiring exempt employees to record their actual hours worked or just their scheduled hours is completely at the employer’s discretion.

November 24th, 2018, 10:26 PM |  Posted in: Labor Laws |
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Nov24

Overtime for Professional Employee

If a professional is paid $160 per hour and works only one day day per week, but works 9-10 hours on that day, do we have to pay them overtime?

The federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

Under the FLSA, employees are classified as either non-exempt or exempt. Hourly and salary paid are compensation terms.

Non-exempt employees must be paid for all hours worked and are subject to overtime and minimum wage requirements prescribed by the FLSA. Most employees are considered non-exempt.

Conversely, exempt employees receive a fixed predetermined salary for any week during which work is performed regardless of the quantity or quality of such work. Exempt employees are excluded from overtime pay provisions.

It’s up to employers to determine an employee’s classification based on FLSA guidelines.

To be exempt, an employee must pass all three “tests”, salary level, salary basis, and duties, as outlined by the FLSA.

The salary level test: Employees who are paid less than $455 per week are non-exempt.

The salary basis test: An exempt employee must receive a regular, predetermined amount of compensation each pay period on a weekly, or less frequent, basis. Aside from a few exceptions, an employee must receive the full salary for any workweek during which the employee performs any work, regardless of the number of days or hours worked.

The duties test: An employee who meets the salary level and salary basis tests is exempt only if he/she also performs exempt job duties. The actual tasks of the job are to be evaluated, not the job title. Exempt employees are employed as bona fide executive, administrative, professional and outside sales employees.

Job duties are exempt “executive” job duties if the employee regularly supervises two or more other employees, has management as the primary duty of the position, and has some genuine input into the job status of other employees (such as hiring, firing, promotions, or assignments).

“Professionally” exempt work is predominantly intellectual, requires specialized education, and involves the exercise of discretion and judgment. Advanced degrees are the most common measure of this but are not absolutely necessary if an employee has attained a similar level of advanced education through other means and performs essentially the same kind of work as similar employees who do have advanced degrees.

Further, the creative professional employee exemption applies to an employee whose primary duty is the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

“Administratively” exempt employees provide support to the operational or production employees and have a major impact on the overall business. An administratively exempt employee has the authority to create or interpret company policies, has responsibilities that directly relate to the overall business operation, has the decision making ability to make significant financial impacts, and has the authority to deviate from company policy without prior approval.

An employee who doesn’t pass all three tests is considered non-exempt under the FLSA.

Since you call the employee a “professional” it’s likely his/her duties may be considered exempt. However, the fact that the employee is paid an hourly wage violates the salary basis test; thus, making the employee non-exempt and subject to overtime regulations. Even so, federal law requires overtime wages to be paid for hours worked over 40 in a workweek. Working 10 hours in one day doesn’t entitle the employee to overtime under federal law. Some states, most notably California, have enacted daily overtime rates. Thus, it’s important to be aware of any applicable laws in your state.

HTH!

November 24th, 2018, 10:23 PM |  Posted in: Compensation |
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Nov24

Pro-rating PTO

If a person gets two weeks (10) days vacation and one week (5) days sick time and the first year is prorated – how is this calculated? The person began working January of 2018. They are paid 2x per month and works 5 days per week – 40 hours per week. Thanks.

Prorating vacation time is common question. Let’s say the employee began working January 29, 2108. As you stated, vacation time is prorated for the first year. So, assuming a calendar year is used, it must be determined how much time he will have earned from January 29thto December 31st.

Combined paid time off is 15 days or 120 hours. Divide total number of PTO hours (120) by number of weeks in a year (52) = 2.308 hours of paid time off earned per week.

January 29thto December 31stis 48 weeks. 48 weeks accrual period x 2.308 PTO hours earned per week = 110.784 PTO hours earned.

So, from January 29thto December 31st, the employee would earn 110.784 PTO hours.

HTH!

November 24th, 2018, 10:09 PM |  Posted in: Benefits |
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