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Dec15

Workload for older employee with medical appointments

I understand that as an exempt employee my company can ask me to work as many hours as they like. I also understand that they can terminate me if they want because I am employed in Colorado. After five years with the company, and significant (70%) travel there was a local project. There were two nearly identical activities at the same client location. One project had six people, the other had just myself. Work hours were 6 am to 11 pm seven days per week. I had notified the person I report to that I needed to go to medical appointments, but only told HR they were due to prostate cancer, high BP, Osteoarthritis, and COPD. I accomplished the client tasks within the work period in the first week, but was asked to repeat them due to the client not recording information correctly. I did so as part of week two, but was terminated on the 14th day on the work site. This is an engineering company. I am in my late 50s and felt like age and health were the primary reason for me being terminated. After 80 days I found new work. I am curious if this is legal for age and health discrimination concerns.

Thank you for visiting www.humanresourceblog.com. Unfortunately, we’re reserving this website to HR Professionals/Employers. Your question seems more appropriate on our other website which we encourage you to visit at www.LaborLawTalk.com.

December 15th, 2017, 1:19 PM |  Posted in: Human Resources Management |
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Dec12

Format in making curriculum vitae

December 12th, 2017, 6:01 PM |  Posted in: Human Resources Management |
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Dec08

Forcing Employees to Use PTO during Christmas Break

Can we force our employees to use their PTO during Christmas break? We give employees the full week off between Christmas and New Years.

Paid time off (PTO) benefits are considered a matter between employer and employee. Private-sector employers are generally free to adopt such policies as they wish, including requiring employees to use their PTO at certain times.

Some states have adopted their own laws regarding PTO, specifically vacation time. Most of these states simply require employers to adhere to their own established policies and practices. Others offer more protection to employees by considering earned vacation time to be equivalent of earned wages. Even in these states employers may mandate the use of vacation time but prohibit use-it-or-lose-it policies. So, it’s important to be aware of any such laws in your state.

It’s worth mentioning that although federal law is silent on mandatory vacation/PTO use, the federal Fair Labor Standards Act (FLSA) must be considered if an employee exhausts his/her PTO accruals.

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

Non-exempt employees are paid hourly and need not be paid for any time not worked. So, a non-exempt employee who exhausted their PTO prior to Christmas break isn’t entitled to further compensation.

Exempt employees, on the other hand, must receive their full salary for any week during which work is performed. Their salaries cannot be reduced for less than full week absences occasioned by the employer such as the employer closing for a holiday. Since the business will be closed for a full week there is no need to compensate an exempt employee for any time not covered by their PTO. However, if an exempt employee performs any work during the week (i.e. they end up working one day) then they must receive their full salary for the workweek.

HTH!

December 8th, 2017, 1:22 PM |  Posted in: Benefits, Compensation |
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Dec08

Stop Payment Fees

Good Afternoon,

In the state of Ohio, can we charge employees a stop payment fee when they lose their payroll check and it needs to be reissued? Does anyone know any resources I can look to? Thank You.

Ohio’s Administrative Code doesn’t expressly allow or prohibit charging employees a stop payment fee when their paycheck must be reissued. Generally, employers can require employees to pay any fees incurred with having to reissue a paycheck as long as employees agree to do so in writing.

Though the lost paycheck may be the employee’s fault consider ways of preventing the situation from happening in the first place, like requiring all employees to use direct deposit. Or, implement a practice of waiting 10 days prior to reissuing the paycheck. The waiting period may encourage employees to be more mindful of their paychecks.

It’s advisable to also contact your local Department of Labor to discuss their recommendations.

HTH!

December 8th, 2017, 1:07 PM |  Posted in: Compensation |
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Dec08

Flex Schedule Instead of OT

We’re operating on a tight payroll budget. We need employees to work some hours on the weekends. Can we require them to adjust their schedules during the week so they only work 40 hours in the workweek? We’re open to them changing their weekday schedules as they want just as long as they don’t go over 40 hours with the weekend work. So we would still pay them 40 hours a week but their hours are just changing. Is that ok? Or do we have to pay overtime for the weekend work?

The federal Fair Labor Standards Act (FLSA) establishes recordkeeping standards affecting employees in the private sector and in Federal, State, and local governments. Unless exempt from overtime requirements, employees must receive overtime pay for any hours worked over 40 in a given workweek.

The overtime requirement is for any hours actually worked. It doesn’t matter when the hours are worked, weekday or weekend.

So, yes, employees can be asked to work different shifts to accommodate operational needs and, as long as they’re still working no more than 40 hours per workweek, there is no requirement to pay them overtime wages.

December 8th, 2017, 12:46 PM |  Posted in: Compensation |
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