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Your HR Legal Questions Answered Hendricks Q&A 08.25.11
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– KPA CONFIDENTIAL –
Your HR Legal Questions Answered
QuestionsQuestions
• If you have questions during the presentation, please submit them using the “Questions” feature
• Questions will be answered at the end of the webinar
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Exempt vs. Non-ExemptExempt vs. Non-Exempt
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• Can a salaried employee’s wages get deducted for the hours that they did not work?
• Must a salary non-exempt employee receive break times? If so, are they paid? If there is no policy on salary break times, can the employee leave the property during this time?.
• Can anyone be paid a Salary, even if they are not in a hire/fire type position? ex: billing clerk, title clerk, etc.
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Exempt vs. Non-ExemptExempt vs. Non-Exempt
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• Can dispatchers be exempt when they are supervising independent contractors?
• Can you pay exempt employees "call out" pay. Some of our managers are paid "call out" pay if they are called out between 11:00 pm or 7:00 am to help a customer. Can you do this without jeopardizing their exempt status?
• There seems to be some misunderstanding concerning the FLSA classification of Inside Salesmen. Could you provide information on what criteria needs to be met for them to be exempt?
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Breaks/Sick DaysBreaks/Sick Days
• Is there any circumstance where an employer would not be held liable for "allowing" an employee to work more than five hours in a normal eight hour work day before taking a lunch break? Would it mitigate our liability to have a signed and notarized letter on file that states this action is at the request of the employee to allow for better child care? What are the consequences if reported to the labor board?
• If a (salaried) manager works a portion of a day, my understanding is that he/she can not be docked in pay. Also if the manager is contacted via phone or e-mail on a "sick" day and he/she responds, that it constitutes work performed by the manager and it can not be considered a day absent from work. Is that correct?
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Holiday PayHoliday Pay
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• We have six paid holidays, but if one of these holidays falls on a weekend and the persons hours are from Monday to Friday, do we still have to pay for it?
• Our managers work every other Saturday. If a manager is not scheduled to work on say Christmas Dec 25 but is not scheduled to work, then he is not given an alternative day off because "it is the luck of the draw“. Of our 85+ employees, everyone is given the holiday except 2 or 3 mangers that are scheduled off. In our handbook it clearly states what the holidays are. What do you recommend?
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Vacation PayVacation Pay
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• We give 1 week paid vacation for the first year, but if an employee does not make it to his first anniversary are we still supposed to prorate and pay said vacation? Even after only a few months employment?
• We don't have sick days as part of our employee benefits. When a manager calls in sick, I mark it down as a vacation day. Is that "legal"?
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Documents/FormsDocuments/Forms
• The record retention requirement for form I-9 is the later of 3 years or 1 year after the date of termination of an employee. And for Form W-4, its 4 years.
• Should All active employees-who have been employed with a company for 3 or more years, have their I-9 forms purged? And have their form W-4 forms purged after 4 years of employment?
• Could you please tell me how many personnel files each employee should have?
• Is it necessary to have I9 info & drug tests results kept separate from employee file?
• When an employee gets a divorce; changes her last name by Court Order; remarries (last name changed again) - do you have to make these changes on the employee's I-9 Form? The form only has room for 1 change at the bottom of the form.
• How long should you retain documents?
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Job DescriptionsJob Descriptions
• How crucial is it to have job descriptions and why?
• Do all employees need job descriptions?
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Reviews / Disciplinary ActionReviews / Disciplinary Action
• Are annual reviews really a good idea or do they just provide ammunition for the employee if there is a dispute concerning performance?
• What should be done to employees who unwittingly share prescription drugs (especially in the event one person gets really sick)?
• What is considered insubordination?
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TerminationTermination
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• Can an employee be terminated for repeated disruptive, negative behavior that causes surrounding associates to complain about working with him/her?
• Can we terminate without warning the associates first?
• When terminating an employee how long you have to give them their final check?
• Are there ways of preventing having to pay unemployment to terminated employees?
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Misc.Misc.
• If an employer is non-union must they abide by any of the NLRB rules or regulations?
• When a work comp case is considered compensable, is the payment to the employee/plaintiff paid in a lump sum? Also, how does that affect an employer’s insurance rates?
• What is considered advance notice of employee's service under USERRA? Must it be written or is verbal notice acceptable? Reinstatement of old job for what period following military service?
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Questions and AnswersQuestions and Answers
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QUESTIONS?
Contact InformationContact Information
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The recorded webinar will be emailed to you today
www.kpaonline.com
Becky Ross
866-356-1735
