AJ SPHR

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AJ SPHR
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  • Where I work, HR doesn't control that, instead upper management does. If a manager wants to create an open position and begin recruiting for it, the mgr of that manager must first approve the opening before recruiting can begin. This is not our rule…
  • Look first at your state law to see what you're obligated to pay regarding vacation at time of termination (this varies by state!). Next look at your policy to determine what you should pay (assuming it complies with state law requirements.
  • I am in agreement with most of your process, but not asking about exempt/non-exempt status. We are updating our job descriptions and our process calls for managers to get input from employees in the positions because they are most familiar with wh…
  • I dunno, I bet to differ slightly. We are currently updating all of our job descriptions and we will obtain all employees signatures on their own job description as verification that they understand the job requirements. And, stated on the job descr…
  • I'm confused - 1. what's an LOA? I only know it as Leave of ABsence, but that's probably not right.:-? 2. if a position is declared non-exempt, there's nothing in company policies, procedures or agreements that can nullify the overtime requirements…
  • I agree with the above poster - this would be similar to someone giving a two weeks' notice and the employer deciding they didn't want them to work their notice. In those situations, most employers pay the two weeks' pay in lieu of notice. I would p…
  • This attempt failed in the House, so as of now the regs are still slated to become effective in August.
  • Based on information I found in the DOL's Administrative Exemption presentation, I believe your person could be exempt: ""The phrase "management or general business operations" refers to the type of work the employee performs. To meet this requirem…
  • I listened to a webcast this morning sponsored by SHRM and the DOL person was asked a question specifically about exempt status for Executive Assistants. She said that if they work for a senior level executive for the company AND exercise some discr…
  • I emailed it to you. I never posted it on the other forum (HR documents) because there doesn't seem to be a way to attach a document to a post, at least not that I could figure out!
  • I've sent to both of you. For anyone else interested, I've posted a sample on the HR Documents forum in the subject titled "Total Comp Statement". Thanks.
  • We do this every year. We provide a summary of the benefit plans available. Then we customize to show specific elections for each employee (what benefits they selected and level of coverage). At the end of the report we do a summary of costs for eac…
  • Just wanted to say I agree completely with cthr - you do not have to pay exempt employees for days not worked before their hire date or after their term date even if in the same workweek.
  • To add to what Marc posted, be very clear about your job requirements. We have recently recruited for executive assistant, looking for specific software experience and experience in supporting president of the company. We had an internal candidate -…
  • Agree with poster above - worked for a company that shut down every year between Christmas and New Years (full week) and required exempt employees to cover time with remaining vacation time. If no time remaining, they could take it without pay and s…
  • I would first start with pricing the job using whatever process your company uses (e.g. point-factor job evaluation or market pricing) and let that drive the starting salary. For example, if you have a position titled: Computer technician and this p…
  • Hatchetman is correct and there is no conflict with state law as far as giving a full day unpaid during a mandatory shutdown provided the exempt employee did not work during the week. Also, you can always sign up for unemployment if it's unpaid time…
  • I agree with the poster above who indicated that if you are providing a "paid" lunch, then your hours/week are 40. If you're not paying the lunch, then you should divide by 35 because your workweek is a 35-hour workweek. Then you pay overtime only f…
  • Uh, yep, clear as mud!8-| I never have heard of that provision of the FLSA, primarily treating employees differently even though they are classified in the SAME job. I would also wonder, using an automated system, how in the world you would proces…
  • I don't understand, how can you legally classify some people in a job classification as exempt, and other employees in the SAME job classification as non-exempt? Don't you jeaopardize the exempt status of the others in the job? Isn't that a violatio…
  • As long as you are placing a hard freeze on all plan participants, this is not a age-related discriminatory practice. Where you would get into trouble is if you only froze the benefits for those age 40 and over and continued to accrue for those youn…
  • Please be aware that STD plans are not subject to HIPAA. Our STD plan is a payroll practice benefit, and therefore also not subject to ERISA. We do as the first responder said, we utilize an external third party to evaluate the appropriateness of th…
  • Just a clarification because I used to think this as well. COBRA beneficiaries are allowed to continue COBRA coverage as long as they pay the premiums, whether they have been offered other coverage or not. You cannot take someone off COBRA if they b…
  • A clarification - the HSA does NOT have a "use it or lose it" scenario. It remains the employee's money forever .. well, at least until they spend it. Also, I think the original poster is referring to a Flexible Spending Account, right? And yes, th…
  • This is actually pretty common, to offer a waiver benefit to employees who waive coverage under the employer's plan. It in no way matches the premiums we would have spent had they elected coverage, but is an amount to encourage employees to consider…
  • Ok - I'm sorry to be so thick-headed, but can I assume that the question is about a loan from someone's 401(k) plan and not their pension plan? That heading sort of threw me because I've never heard of loans from pension plans. Re: 401(k) loans, ou…
  • More employers are doing this - setting up "salary tiers" and requiring higher employee contributions from those who earn more. I know a large employer implemented this 2 years ago. Yes, there was grumbling but it was the company's philosophy that h…
  • I know this is a very late response, but a couple of comments: 1. We offer a car allowance and do not prorate it for vacation days. The allowance covers general use, maintenance, service etc for an employee using their own vehicle for company busine…
  • I've never worked with a broker for any benefit plan. At my previous employer, we had Fidelity as our recordkeeper and had great service. I recommend Fidelity and also recommend eliminating the broker.
  • In addition to the issues identified by Stilldazed, one that I struggle with overcoming is the adverse selection potential if you offer a "regular" medical plan alongsize the HDHP. We are considering an HSA and HDHP but would also offer our regular …
    in HSA's Comment by AJ SPHR February 2005