Posted on Thu, Jul 01, 2010 @ 12:10 PM
As complex as salary employment law is, it can be confusing to get all of your ducks in a row when dealing with the provisions of each law. As an employer, what do you do when your employees are abusing their time off? This post will cover some of these specific situations and the salary employment law associated with them.
A number of our clients have created employment policies specific to the schedules and time off of their salaried employees because the problem of employees abusing time off has become so rampant.
The problem is that management often misinterprets salary employment law and what it means to be a salaried employee as much as the employees do. So let's address the most common arguments:
(Please note that for this exercise we are referring to salaried exempt personnel on a full-time schedule only.)
Top 5 Salary Employment Law Myths
1) "But I'm salaried! You can't make me work 50 hours a week"
Unless you are protected by child labor laws or are in a position that regulates shifts for safety reasons (such as pilots or truck drivers), I can require you to work 12 hours a day 7 days a week. I could, but if I understand anything about human nature and employee retention, I won't.
The point is that there are no federal limits on the number of hours an employer can require a salaried exempt person to work for their weekly wage.
2) "But I'm salaried! You can't make me use PTO for a day off!"
Actually, that's what PTO is for -- it's Paid Time Off, meaning that I pay you even though you don't work. As long as I am following the guidelines of our policy regarding the increments in which PTO is used, I can debit your PTO account for absences, full day or partial day.
If I'm a smart and accommodating manager, I'll recognize when you put in extra time and follow policy to allow you some additional time off without using your PTO. I also won't nitpick regarding the occasional long lunch or afternoon appointment which allows you to cut out early.
However, if you start to nickel and dime about getting 3.7 hours off this week because you worked over 3.7 hours last week, you can bet that our policy will be that PTO will have to cover it.
3) "But I'm salaried! Why should I have to be here from 8-5 each day? You pay me to do the job, not by the hour."
True - the principal behind defining a position as exempt from overtime is that you are paying a person to do the whole job, not necessarily by the time it takes them to do it. However, part of that "whole job" is availability to customers, colleagues and management, which means following the schedule that accommodates those with whom we do business.
Besides, if you tell me that I'm paying you to fulfill a role that I think should take 45 hours a week and you can do it in 25 hours, then I probably need to give you something else to do.
4) "But I'm salaried! You have to pay me for the whole week no matter what."
Salary employment law says this is a PTO issue as well. If you take off two days in the week, I'll use two days of your PTO. However, if you've used all of your PTO and available time off, then the FLSA (Fair Labor Standards Act) will allow me to dock you the two day's pay. The rules about this are very strict.
I can only dock you for full days absences in which you completed no work, and only if you initiated the absence. If you're confused, please feel free to Contact Us regarding FLSA.
Check out this bit of salary employment law on the Department of Labor's website as well.
5) "But I'm salaried! You have to give me comp time for the extra time I put in last week."
Comp time is for hourly non-exempt personnel only, and those not in private industry. Might I give you a more flexible schedule this week or an extra day over the holiday weekend because you put in a few late nights to get last week's project done? If I'm an accommodating manager I might.
However if you tell me that I have to and that I owe it to you then I might be a little disinclined to offer you a reward. For more information on Handling Comp Time in Kentucky, please refer to our whitepaper.
This post is getting a bit long winded, so we'll pick it up next time with the solutions to these problems. Do you have issues like these in your workplace? Feel free to consult any of the resources in this article or Contact Us for assistance.
Resources in this Post:
Comp Time in Kentucky
Policy Development
Compensation Consulting
FLSA Fact Sheet
Fair Labor Standards Act
Contact Us
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Posted on Thu, Apr 08, 2010 @ 09:43 AM
Believe it or not, football practice is just around the corner, and for all of you Louisville fans out there, we've got a fiery new coach filling his players full of the kind of motivation we need for a great season.
I love Louisville, but I'm also a diehard Pittsburgh Steelers fan. I have the officially licensed Troy Polamalu jersey, the "terrible towel," and a nerf football with the team logo on it. As you can imagine, I was pretty disappointed with this past season.
Coming down from the Super Bowl high of last season to watching a team that couldn't close a game was very frustrating. I came across an article the other day written by another diehard Steelers fan trying to put to paper his thoughts on what happened in 2009. He gave two possible explanations, one being injuries and the other being the change in their hard-nosed running offense to a bleak passing attack. I was still puzzled. How could a team as talented as the Pittsburgh Steelers perform so poorly? It didn't make sense.
So here's my take. I think the root of the problem is very simple. It stems from a lack of motivation.
What is Motivation?
Motivation is the activation of goal-oriented behavior. Without it, you can't reach your goal. The same is true in most companies today. More and more companies are asking their employees to do more with less, but in the process are creating disengaged employees who are not performing at their peak and are often times even de-motivated. Unless employees are engaged, the company cannot be successful. The Pittsburgh Steelers discovered that first hand.
Here are 5 simple steps you can use to get your employees engaged and work more effectively as a team:
1. Set Clear Expectations
Employees need to know what is expected of them and how their role fits into the big picture. As in a football team, they need to know what position they play, when they are to play it, how they are to play it, and what exceptional performance looks like.
2. Recognize and Reward Outstanding Performance
Wouldn't it be strange to go to a football game where the fans cheered only when each team scored? Of course it would, because fans cheer each time the ball is moved down the field. Don't wait and reward only one employee with the equivalent of the Heisman Trophy, cheer the progress of all employees regularly. Remember, when a team wins a Super Bowl, everybody gets a ring!
3. Open the Lines of Communication
Football coaches and coordinators are constantly communicating with the team players throughout the game. They let them know what obstacles they may encounter and how to work around those obstacles. Players also communicate back to the coaches.
For example, the offensive coordinator can communicate to the quarterback what he is seeing from the stands, and the quarterback can communicate back what he sees on the field. Employees need to know that they are not playing alone. They need to feel that their opinions and ideas are respected and listened to. Don't make the mistake of only barking orders through your headset from your booth in the stands - make sure you are listening, too!
4. Invest in Your Employees' Development
You don't become a starting quarterback overnight. The coach works hard to develop 2nd and 3rd string quarterbacks to step into that role one day. Make sure that you regularly discuss career goals and development opportunities with your employees. Consider succession planning where appropriate.
5. Set Compensation and Benefits at a Level That Demonstrates Your Commitment
Money is ultimately not a motivator. In fact it shows diminishing returns at a certain level depending on the job, but setting pay and benefits at a competitive rate will go a long way in communicating your commitment to your employees. If they feel you are paying them what they are worth, they will feel as if their talents are recognized, and they will respond naturally with better performance.
Now I am not saying to pay them all at the NFL rate, but make sure you do a market analysis to make sure what you are paying is keeping up with market trends. If you can't afford what a certain position demands, it might not be the right time to hire.
Employee engagement is all about commitment and direction. If employees are given clear instructions and feel valued and respected, your company will score touchdowns every day.
Is motivation suffering in your workplace? Are you doing all you can to keep your employees happy? It may have a larger effect that you think. Give us a call today at 502.753.0970, or just leave us a comment with your question. We'll be glad to help.
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Use our blog as a resource - http://integrityhr.com/blog
Stay on top of of your organization by subscribing to our blog via email or RSS to the left. If you would like to Contact Us about any of the concepts in the above blog posting please call 502.753.0970.
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