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  • Re: Fulltime workers and parttime workers benefits

    You need to look at any plan documents for benefits as they will help you determine eligibility for things like 401k , health insurance, etc. Some of the de termination is based on federal/state law and other choices could be employer policy (while keeping to the laws) For timeoff, you need to look at state and local laws to see if there are any mandatory benefits (such as if you were in San Fran, CA, there is paid sick time for certain situations). I think Hawaii also has some type of mandatory
    Posted to Benefits & Leave (Forum) by HRforME on April 17, 2013
  • Re: Premium Only Plans and Layoffs

    You need to educate the employees about the 30 day change window. That's about all you can do. Because once they opt-in, they are under the POP for the whole year except for the 30 day change window. You could put the whole plan in jeopardy if you start many exceptions. One thing also to consider is if any reduction in hours causes them to be ineligible under the plan and will force them to move to COBRA .That gives them a bit more time to make the decisions, however it is at full cost unless the
    Posted to Benefits & Leave (Forum) by HRforME on April 8, 2013
  • Re: Vacation Policy

    I thnk it is possible that a court in a state where vacation is wages could find that, absent a statute to the contrary, employers may be required to pay vacation without the employee taking time off, perhaps "on demand," meaning on the next paycheck. I guess I just don't worry about court cases that aren't currently in the system and decisions/laws that have not been proposed or made yet. If I did, I would never sleep! I am not saying it is not possible, just that it doesn't currently exist. It's
    Posted to Benefits & Leave (Forum) by HRforME on April 2, 2013
  • Re: Communicating termination reasons to other employees

    I would be very very careful. Because anything you do say could later be used against you in either an unemployment claim or any type of discrimination claim. And often what you say is not what a person hears and repeats. It truly is not their business, but I do see how they can see it as unfair because they are not privy to all the facts. Even if you state what you posted above, there are going to be some that disgree with you on the decision. The best thing you can do is to treat your good employees
    Posted to Performance & Termination (Forum) by HRforME on March 25, 2013
  • Re: Vacation Policy

    Just another followup...I was speaking with a group of payroll pros from different states and one brought up the possibility that this could be a union negotiated benefit, but that's the only place anyone had ever seen "vacation paid on demand" lately. He did say prior to the influx of Direct Deposit that some companies were known to pay vacation on the check prior to usage if the worker was going to be gone during the time period where he/she would pick up and deposit/cash their check.
    Posted to Benefits & Leave (Forum) by HRforME on March 22, 2013
  • paying salary and overtime for non-exempts

    Somehow i lost the posting that i was going to respond to where someone stated you couldn't be salaried and non-exempt, but I have found a great resource for dealing with the issue of being non-exempt and salaried. It does not go against FLSA as long as it is done correctly. You have to search for it under google but the article is entitled "salary alternatives for the non-exempt" and was done at payroll -taxes dot com. There are a few subsections that talk about different weird types of payroll
    Posted to Compensation (Forum) by HRforME on March 21, 2013
  • Re: When can you ask for Dr. Note from employee changing availability in schedule due to therapist visits?

    As an employer, do you fall under FMLA and is she personally eligible ? If so, you can require that she fill out FMLA paperwork to see if the absences fall under FMLA . Then you can ask for her to plan her (foreseen) intermittent leave to impact the business/company the least. And you can get an upated every 6 months or whenever there is a change in need. For FMLA , it is the employer's responsibility to know and start the process If not, the question becomes ADA . Does she have a disability? This
    Posted to Discrimination (Forum) by HRforME on March 20, 2013
  • Re: When can you ask for Dr. Note from employee changing availability in schedule due to therapist visits?

    Since you are in Oregon, you also need to take into account OFLA if you have more than 25 employees and it looks like the individual ee eligibility is lower than under FMLA . But again, you often can request the documentation under FMLA , OFLA or ADA . If none of them apply, you can still ask for a dr's note if it is a policy you want to have.
    Posted to Discrimination (Forum) by HRforME on March 20, 2013
  • Re: Vacation Policy

    TXHRGuy: (1) Therefore, it does not seem the constructive receipt doctrine preempts a state law saying vacation is wages or any of the consequences of defining vacation pay as wages. (2) It appears clear that, in California, vacation is wages that must be paid out upon termination . I can find literally hundreds of documents and blogs talking about those two issues and the fact that vacation may be capped. I can easily find statutory and case law authority for those propositions. I have not found
    Posted to Benefits & Leave (Forum) by HRforME on March 19, 2013
  • Re: How much should minimum wage be?

    From a financial/business perspective, I am not sure some of the businesses that I work with can handle an almost 40% increase (from $7.25 to $10.10/hr)....especially on top of the increased cost of benefits/taxes/fees of the PPACA. I suspect it would mean more layoffs and worse unemployment. and worse working conditions for thase that are left. A good portion of our employees at some locations make less than $10.10 an hour (low end retail/service positions). Would I love to pay them more than I
    Posted to Compensation (Forum) by HRforME on March 19, 2013
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