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Feb21

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February 21st, 2019, 10:09 AM |  Posted in: Human Resources Management |
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Feb20

Who Else Likes to Learn About…

February 20th, 2019, 2:02 PM |  Posted in: Human Resources Management |
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Feb18

Verbal Warning

Do I have to give an employee a copy of a verbal warning?

There is no steadfast rule for when a verbal warning should be documented. First offenses for tardiness or incomplete paperwork, for example, may not warrant documenting the warning. However, first offenses for unexcused absences or policy violations may warrant the documentation.

Some employers choose to document every verbal warning in the employee’s file. Doing so, simply provides evidence that the employee was made aware of the concern and the first step of a progressive disciplinary process, if followed, has been initiated.

Whether a verbal warning is documented and a copy is given to the employee is at the employer’s discretion. Remember, the purpose of any warning, verbal or written, is to inform the employee of their misconduct and any corrective action necessary. So, providing a copy to the employee may help him/her take the matter more seriously.

HTH!

February 18th, 2019, 9:33 PM |  Posted in: Workplace Management |
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Feb18

Inclement Weather and Part-time Employees

About 2 weeks ago Chicago had 50 below weather and most companies were close. We have some part time employees and was wondering if we needed to pay them for the days our company was closed?

The federal Fair Labor Standards Act (FLSA) establishes compensation regulations affecting employees in the private sector and in Federal, State, and local governments.

Under the FLSA, employees are either non-exempt or exempt.

Non-exempt employees must be paid for all hours worked and are subject to overtime and minimum wage requirements. Non-exempt employees need not be paid for time not actually worked. So, if a company is closed due to inclement weather or an employee chooses not to report to work due to inclement weather then there is no requirement to provide compensation to a non-exempt employee.

Conversely, exempt employees receive a fixed predetermined salary for any workweek during which work is performed. Deductions from an exempt employee’s salary for absences occasioned by the employer violate the salary basis test for exempt status. An employer closing the business due to inclement weather would be an absence “occasioned by the employer.” Thus, an employer cannot deduct the day from an exempt employee’s salary. However, if the business is open and an exempt employee chooses not to report to work then a full day deduction for the absence is permitted as long as absolutely no work is performed by the employee that day.

Both non-exempt and exempt employees can be allowed or required to use their PTO accruals during inclement weather. This is generally up to the employer to decide and any policies regarding such should be communicated to employees in advance.

HTH!

February 18th, 2019, 9:16 PM |  Posted in: Compensation |
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Feb10

Additional Compensation for Exempt Employee

I have two exempt night shift supervisors, who have designated 12 hours shifts 7p to 7a, which spans 7 days per week. In other words, they do not work on the same days. The supervisors receive 6 weeks of annual vacation. When employee A goes on vacation, employee B has to cover the vacation and work the shift of employee A. Is employee B entitled to compensation for working employee A’s shift?

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.

A non-exempt employee in this case would absolutely need to be compensated for any and all hours worked.

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.

An exempt employee is not required to receive additional compensation for extra time worked. But, in this case, the employee is not just working a few extra hours. He’s working an entire additional shift for a full week. It’s simply good business to compensate him for the time. Not paying for the additional shifts will inevitably lead to low morale, resentment, low productivity and eventually high turnover.

It’s permitted to pay an exempt employee additional compensation without violating the exempt status. The additional compensation can be a flat sum or hourly rate.

It’s worth noting that incorrectly classifying an employee as exempt is a costly mistake, especially considering the employee would be entitled to back pay. So, it’s important to make certain the employees in question without a doubt meet the criteria for exempt status.

HTH!

February 10th, 2019, 9:50 PM |  Posted in: Compensation |
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