Tag: FLSA

7 Instances Where Exempt Employee Pay Can be Deducted for Absences

While the FLSA allows some very specific pay deductions for exempt employees, such as taxes and wage garnishments, it's typically quite strict about the fact that exempt employee pay shouldn't be reduced for exempt employee absences in most cases. It's important for employers to understand when certain payroll deductions may be perfectly legal, and when […]

PA Mistake #7—Gaming the System

[Go here for sins 1 to 6.] Sin #7. Gaming the system “John’s work is just OK, to be sure, but I need to give him a big raise to keep him, so he gets an ‘excellent.’” “I can’t stand Sandy, but I can’t transfer him unless he has a high rating; let his next […]

Inspired by a Profound Moment at the Austin Airport

As the sound grows louder, it’s clear that whoever is playing the instrument is drawing closer. In the distance, I can see a man in a plaid kilt walking down the hall toward where I’m sitting. And as he draws nearer, the people to my left rise to their feet. I, too, must stand—if only […]

Out of PTO, Can’t Deduct, What Can You Do?

Here’s how to approach the situation: First, if it is important for the employees to be in the office during consistent work hours, make sure that is explained in a written policy. If the policy does not yet exist, create it if this is critical to your business. Make it part of the employee handbook […]

When Exempt Employee Has No PTO, Takes Time Off

PTO helps to bridge the gap between being required to pay salaried employees their full salary in a given workweek (even if they don’t work a full workweek), while also balancing how much time off can be taken without it becoming a problem. Employers often find themselves in a conundrum, however, over how to handle […]

Lessons in Commitment from the Restroom

The first man thinks it over for a minute. He then pulls his wallet out of his pocket, withdraws a $100 bill and tosses it into the urinal! The second man stands in amazement at what he has just seen. He asks, “What are you doing? Why would you do that? You just made your […]

‘My Exempt Employee Has No PTO but Needs Time Off’

PTO banks can be a great way to simplify time off requests. They can also be a way to ensure that salaried employees do not take advantage of their salaried status and take time off without boundaries. However, when poorly administered, PTO can cause employees to lose their exemptions. PTO helps to bridge the gap […]

Friending, Unfriending, and Linking In on Social Media

Casual References Casual references on LinkedIn or other professional social media sites pose legal risks: Defamation (if they are negative and untrue). Misrepresentation (if they are positive and untrue). Evidence of pretext in an EEO claim (if you terminate for poor performance but you’ve written a glowing recommendation on LinkedIn). Segal’s recommendation: Make clear to […]

Performance Appraisals—What’s Really Happening?

Please participate in our brief survey and see how what you are doing stacks up against what other successful companies are doing. We’ll get answers to these questions and more: How often are appraisals conducted? What specific characteristics/abilities/behaviors do you measure? If you use software, which software program do you use? How is your performance […]