If a multi-store manager has two retail locations and multiple associates and is regularly working alone at one location, and has one associate regularly working alone at another location, should the manager be getting overtime pay if working over 40 hours and covering floor alone over 20 hours?
This manager and associate would essentially be doing the same work, and manager would only be msnaging that one other employee during that shift.
The U.S. Department of Labor administers and enforces the Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, recordkeeping, and child labor standards. Under the FLSA employees are classified as non-exempt or exempt. Exempt employees are excluded from overtime pay provisions. 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 $23,600 per year ($455 per week) are nonexempt.
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. The predetermined amount cannot be reduced based on variations in the employee’s quantity or quality of work. 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. There are three typical categories of exempt job duties titled executive, professional, and administrative.
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.
“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.
In conclusion, it’s impossible to determine if the manager passes all three tests based on the information provided. Working alone or only supervising one employee at a given time doesn’t violate an exempt classification. All three tests alongside the actual job the manager performs must be considered.
It is our company policy when an employee calls in and will be absent they should provide the following:
1. Reason for the absence.
2. Expected length of absence
3. Expected date of return to work with documentation
Does this violate HIPAA?
The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule protects the privacy of individually identifiable health information. The Privacy Rule does not prevent employers, including Supervisors or Human Resource Professionals, from asking employee’s for a doctor’s note or other health related information if doing so is required in order to administer sick leave, workers’ compensation, or health insurance.
It’s the employer’s obligation to ensure employees eligible for the federal Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), worker’s comp, disability coverage, or any benefit offered by the employer such as wellness programs or paid time off, are informed of their rights to use such benefits. When an employee calls out from work, the employer can request the reason for the absence, the expected length of the absence, and documentation supporting the need for the absence within reason.
It’s important to train supervisors what information to request and how to manage the information received. Requesting too much information from employees is not a good idea. The employer just needs to know if the absence is due to a medical or personal reason. An employee calling out stating she isn’t feeling well and will be out for one day shouldn’t be further questioned as to her symptoms and self-diagnosis. Also, it may be burdensome to an employee to obtain a doctor’s note for a one or two day absence, especially since some illnesses/medical reasons don’t warrant a visit to the doctor. Thus, it’s better practice and more common to require a doctor’s note after three days of absences.
Supervisors must be able to recognize when an employee may be able to take advantage of company benefits or when the company must comply with applicable laws. An employee calling out due to injuries sustained in a car accident may need to be informed of his FMLA rights. Furthermore, if the accident occurred in a company vehicle the employer must initiate a worker’s comp claim. Supervisors must understand how to evaluate if an employee’s absence requires obtaining more information in order to ascertain if additional benefits or laws apply. Depending upon company structure, supervisors may need to know “trigger” words alerting them to notify Human Resources or they may need to be trained in all applicable legislation.
If employees in the state of Arkansas miss one day of employment due to illness or inclement weather is the employer permitted to take vacation time earned for the day missed without the consent of the employee?
In the state of Arkansas is it required to take all vacation time prior to being eligible for Medical Leave Of Absence?
Paid time off (PTO) benefits, such as vacation pay, is not required by neither federal nor Arkansas law. It is considered a matter of agreement between employer and employee. In Arkansas, if an employer chooses to provide PTO to employees, it must do so in accordance with its established policy. As long as the employer has adopted a policy stating vacation or paid time off must be used for absences, then the employer can require employees to adhere to the policy without prior consent.
It’s uncommon for an employer to require employees to use all accrued vacation time prior to being eligible for a medical leave. Arkansas follows the federal Family and Medical Leave Act (FMLA), which entitles eligible employees of covered employers up to 12 work weeks of unpaid, job protected leave. It is permissible to require employees to use paid time off accruals while on FMLA leave in accordance with the employer’s policy. Also, employers may allow employees to use PTO in addition to the FMLA required 12 weeks of leave. However, employers should determine an employee’s eligibility date for FMLA leave based on the reason needed for the leave, not when an employee’s PTO has been exhausted. For example, if an employee requests leave starting on April 1st for surgery, then the start date of the leave is April 1st not one week later after the employee used one week of vacation time.
Employment policies are important communication tools between the employer and employee. They inform employees of company guidelines, in turn avoiding potential disputes or misunderstandings. It’s important to have clear and easily understandable policies, especially in Arkansas, where employers are required to adhere to their established policies.
A state of emergency for Virginia was called for Inclement weather. Is the employer required to require the employees to use PTO time for calling off work?
This is a private industry and the company did not close for the weather but there were several absentees.
Paid time off (PTO) is a benefit not required neither by federal nor Virginia law. PTO is considered a matter of agreement between employer and employee. In Virginia, employers are able to establish any or no policy regarding fringe benefits such as vacation, sick, or personal days. Thus, an employer may require employees to use PTO for days not worked, such as calling out of work for inclement weather.
Keep in mind that the federal Fair Labor Standards Act (FLSA) must be considered if an employee doesn’t have enough PTO accruals to cover the time not worked. Non-exempt employees are only required to be paid for time worked. So, if a non-exempt employee doesn’t have sufficient PTO accruals then the employer is not required to compensate the employee for the time not covered by PTO. However, deductions from exempt employees’ pay are only permissible in few circumstances. Generally, exempt employees are entitled to receive their full week’s salary for any work week during which work was performed. Deductions can be made for absences of one or more full days for personal reasons other than sickness or disability. Meaning, an employer can require an exempt employee to use PTO for calling out from work for inclement weather; however, if PTO accruals don’t cover the entire time off the employer is only able to deduct full day absences from the employee’s salary.
It’s best practice to adopt an inclement weather policy and clearly state that employees will be required to use PTO for worked missed.
My company has initiated a Voluntary Separation Program which has been offered to many US employees. My question is in the state of Texas, is a person eligible for unemployment benefits if they accept an offer for a compensated Voluntary Separation package. Our colleges in MA have recently been informed that they are eligible.
Unemployment insurance programs are administered by each state which establishes the procedure and eligibility requirements. In general, unemployment insurance provides unemployment benefits to workers who are unemployed through no fault of their own. Involuntary separation can be interpreted differently depending upon the reason for the separation.
Voluntary separation programs are used by employers as a means of downsizing their workforce. Such programs facilitate an employee’s early retirement or voluntary resignation and often offer severance benefits. By implementing voluntary separation or reduction in force programs, employers may avoid the decision of which employees to layoff; thus, reducing the potential for disgruntled employees and decreasing the risk of unlawful termination claims.
Since employees voluntarily resign under these programs, employers commonly assume that the employees will not be eligible for unemployment benefits. This is not always true. Generally, unemployment offices will take in to account the reason an individual resigned, as is the case in Texas.
In Texas, an individual may be eligible for unemployment benefits if he resigned for good cause. Resigning for a good cause work-related reason means a situation that would cause an individual who wants to remain employed leave his employment. General examples include unsafe work conditions or a significant change in the hiring agreement. Resigning instead of risking being laid off in order to receive a severance package may constitute a good cause resignation. Additionally, the Texas Workforce Commission defines a work separation to be involuntary if initiated by the employer. A voluntary separation program is clearly initiated by the employer. Moreover, some employers assume that if they offer severance pay the employee will not be eligible to receive unemployment benefits. Severance pay doesn’t disqualify an individual from receiving unemployment benefits in Texas.
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