Category: Ask the Expert

Ask the Expert: Is Need for Sleep Covered by the FMLA?

by Susan Hartmus Hiser, JD, The Murray Law Group, P.C. Question: Our attendance policy requires employees to call in all absences prior to the start of their shift, including absences due to approved intermittent leave under the Family and Medical Leave Act (FMLA). Some employees have presented doctors’ notes exempting them from the call-in requirement […]

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Ask the Expert: Can We Adjust Time Cards for Waiting Time?

Question: My employer uses a “4 -minute rule,” meaning that our employees have an 8-minute window (4 before and 4 after their scheduled time to clock in) without changes being made to their time cards. We do this because there’s a line waiting to clock in. However, for those who are more than the 4 […]

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independent contractor

Ask the Expert: Can Our Employee Work as a ‘Contractor’ on Weekends?

Question: We are seeking clarification on hours worked for overtime pay. We have an employee who works as a “contractor” outside regular working hours, such as weekends. We are looking for guidance on when we will have to pay overtime; if allowing the employee to work as a “contractor” on the weekends will still count […]

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Q&A: FLSA Overtime Exemption Regs Create Pay Compression

Question: We are currently evaluating a number of exempt positions with our company in respect to forthcoming FLSA overtime exemption changes.  Their salaries range below the new salary threshold and above (all depends on tenure and experience). We are looking at bumping everyone to the minimum amount.  How are most companies handling the individuals who […]

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Ask the Expert: Military Leave—Paid or Unpaid?

We have an employee that just came back from military leave. He did not present orders to HR or payroll and turned in a timecard with “5 days Military Leave” written across the week he was gone. Payroll paid him for that week and deducted 40 hours of leave. The employee came back stating that […]

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Ask the Expert: New FLSA Overtime Regs and Car Sales Employees

I am wondering how we will change our car sales employees under the new FLSA overtime regs. They currently receive a draw of $18,000 + commissions and they’re exempt. Does this mean our only option is to make them nonexempt and start having them clock in? We cannot provide a base draw of the new […]

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Ask the Expert: FMLA for Depressed Employee Who Hasn’t Requested It?

An employee has been with the company for almost 2 years and is always on time and present. However, they have recently stopped showing up for their scheduled shifts. We learned that the employee has fallen into a deep depression which is restricting the individual from having contact not only with our company but also […]

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