Winterizing Your Time Off Policies: Answers to 5 Common Questions

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Winterizing Your Time Off Policies

With our unseasonably warm temperatures this fall you’ve probably been putting off putting away the patio furniture and covering up the grill. But in HR, it is never too early to start thinking ahead to what the winter months will mean for your organization, and of course, for your employees. Often of particular concern at many employers are the reasons that employees will want to (or need to) take time off in the coming months. From holidays to sick days to severe winter weather, here are some key questions that you might want to brush up on before that first snow hits.
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Preparing Your Workplace for the Unexpected

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Expecting the Unexpected

Luckily, apart from the Cavaliers breaking the 52-year championship drought for the city of Cleveland, the list of reasons that your company may need to, or as in the case of Wednesday’s Victory Parade, choose to, close its doors or grant large numbers of employees unexpected time off is very short.
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Will Employees be Grateful for Time Off this Thanksgiving?

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Will Employees be Grateful for Time Off this Thanksgiving?

According to the results of ERC’s 2015 annual Paid Holiday Survey, in addition to the Thanksgiving Day Holiday, most Northeast Ohio employers are providing a paid-full-day-off the day after Thanksgiving (Friday, November 27). A handful are also providing a full or half-day the day before.

Thanksgiving Infographic

View ERC's Holiday Practices and Paid Holiday Survey Results

These surveys report on which holidays Northeast Ohio organizations plan to observe as well as holiday parties, gift giving, and more ideas for the holiday season.

View the Results

How to Determine if a Job is Exempt or Non-Exempt

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exemptvsnonexemptemployees

The terms non-exempt and exempt can cause a lot of confusion for workers and employers. Exemption status determines if you receive overtime pay for working more than 40 hours in a work week. The exemptions are governed by the Fair Labors Standard Act (FLSA).

Non-exempt 

Non-exempt employees must be paid at least the minimum wage and overtime pay for any work performed over 40 hours worked in a week. This time must be paid at a rate of time and one half of their regular pay rate for each hour of overtime.

Exempt

Exempt employees are not granted the same protection under the FLSA, therefore they are paid the same dollar amount regardless of the number of hours worked in a week. Exemptions from the overtime requirements of the FLSA are just that—exceptions to the rule. They are very narrowly construed, and as the employer, you will always bear the burden of proving that you have correctly classified an employee as exempt. When in doubt on the classification of a job, it is best to make them non-exempt.

For most professions, an individual is an exempt employee if he or she meets all of the following three tests: 

  1. Is paid at least $23,000 per year ($455 per week)
  2. Is paid on a salary basis
  3. Performs exempt job duties

But how do you know if the individual performs exempt duties?  As a general rule, exempt employees tend to perform relatively high-level duties with respect to the company’s overall operations.

The most common FLSA exemptions are white collar exemptions and are broken down into five main categories, including: 

  1. Executive
  2. Administrative
  3. Professional
  4. Outside sales
  5. Computer

Other issues

There are also some other concerns to consider when determining non-exempt and exempt status.

  • Time off. Although there are exceptions, it’s usually illegal to give non-exempt employees time off instead of paying them overtime.
  • Child labor. Federal and state laws include special requirements to protect workers under the age of 18. These laws can affect the type of work, wages, and hours that an employee can complete.
  • Breaks. Employers need to make sure they follow federal and state law requirements regarding breaks, including meal breaks, for their employees.

If you have any additional questions regarding non-exempt and exempt employees, and are an ERC Member, contact our HR Help Desk or visit the U.S. Department of Labor (DOL) FLSA page at http://www.dol.gov/whd/flsa/.

By providing you with information that may be contained in this article, the Employers Resource Council (ERC) is not providing a qualified legal opinion concerning any particular human resource issue. As such, research information that ERC provides to its members should not be relied upon or considered a substitute for legal advice. The information that we provide is for general employer use and not necessarily for individual application.  We also recommend that you consult your legal counsel regarding workplace matters when and if appropriate.

HR, compliance, termination, or compensation questions?

ERC has a team of HR Help Desk Advisors to provide timely and trusted answers.

Contact the Help Desk

The Unique World of “Leave of Absence” Policies

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When an employee takes a “leave of absence," this time away from work can take many forms depending on the situation. From the Family & Medical Leave to Short Term Disability to jury duty to bereavement to military leave, these various policies and structures do share the common purpose of allowing an employee to take time away from work above and beyond vacation time or sick days, while also protecting the employer from potential abuses of these leave requests.

Ultimately, assuming that the employee meets and abides by all of the necessary requirements during the agreed upon leave of absence, the goal for both parties is that their job (or at least a similar position) will be waiting when they are ready and able to return to the workforce. But as is often the case in the world of Human Resources, the application of these laws and policies to the real life situations encountered in the workplace is less than clear cut.
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Time-Off Roundup: Holidays, Unlimited Vacation and More

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Time-Off Roundup: Holidays, Unlimited Vacation and More

Vacation policy: it may be one of the most important components of the compensation package to some people. Offering time-off options to employees is pretty varied, including holidays, vacations, sick leave, personal leave, and bereavement leave. These types of benefits are quite valuable to employees when analyzing the benefits package at a potential new job.

But as more information piles up that employees work better when they have more time to recharge and be away from work, why do so many businesses still cling to outdated vacation and holiday policies? Well companies like Netflix and Virgin Mobile are hearing employee’s needs loud and clear, and are coming up with different ways to meet those needs.

Let’s take a look at what companies are doing when it comes to unlimited time-off and holiday time-off.
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