Quiz #2 Flashcards
Non-Exempt Employees
- Non-exempt employees are paid by the hour and must be paid for every hour worked.
- In addition, they must be paid time and a half for all time worked over 40 hours in a given work week.
- They cannot work off the clock or volunteer to do what they are paid to do.
Exempt Employees
- Exempt employees are “salaried” which means they are paid the same weekly salary regardless of exact hours worked. They are often expected to work beyond the normal work schedule in order to accomplish the job.
- Their time worked should not be tracked in hours, although they should complete timesheets to track work days and absences.
- They are expected to use paid absence time in full or half day increments for time missed. Only in FMLA-qualifying absences can we track their time off on a hourly basis.
- Exempt employees’ pay can only be docked in full day increments and even then only if no work was performed at all.
- Exempt employees can (and should) be expected to report to work on time, but they cannot be docked if they are late. Similarly, they would not get extra pay for working late or on weekends. Use of comp time should be kept to a minimum because it is not an entitlement.
Tips for Writing Job Descriptions
- Tips for writing job descriptions pertain to using clear and appropriate language, focusing on the work not the person, using action verbs, obtaining input from others, and reviewing them regularly to determine if changes are needed.
- The following items should be included in a job description – title, employment status, FMLA classification, general purpose of the job, duties/responsibilities, qualifications, special considerations, physical requirements, signatures, etc.
- Well-written and updated job descriptions serve as tools to help an employer with recruitment, evaluate employee performance, and comply with Equal Employment Opportunity (EEO) and non-discrimination laws.
Eight Situations in which to Involve Human Resources
- Wage Complaints
- Allegations of Wrongdoing by Others
- Disclosure of Medical Information
- Accommodation or Leave Requests
- Evidence of Union Activity
- Government Communications
- Lawyer of Communications
- Signs of Workplace Violence
Discrimination in Employment: Protected Classes
It is illegal to discriminate in employment decisions (hiring, benefits, management, training, discipline, and discharge) based on any of the following characteristics: - Race - Color - Religion* - National origin - Sex (as in gender) - Pregnancy - Age - Disability - Genetic predisposition Some state and local laws also protect on the basis of marital status, sexual orientation, gender identity, arrest and conviction records.
Employment At Will Doctrine
Per the Employee Manual:
“Employees of The Salvation Army are considered employees at will. This means that the employment arrangement between the employee and The Salvation Army may be terminated by the employee or by The Salvation Army at any time with or without cause. No Salvation Army representative may change the at will employment relationship through oral or written promises.”
Six Circumstances of FMLA
- Birth of a son or daughter and to care for the newborn child.
- Placement with the employee of a son or daughter for adoption or foster care.
- Care of a spouse, son, daughter or parent with a serious health condition.
- A serious health condition of the employee that makes him/her unable to work.
- A qualifying exigency for families of members of the National Guard and Reserves when the covered military member is on active duty or called to active duty in support of a contingency operation.
- Care of a spouse, son, daughter, parent or next-of-kin covered service member with a serious illness or injury incurred in the line of duty on active duty.
Note: For circumstances 1-5 above the employee may use up to 12 weeks of FMLA leave in a 12-month period. For circumstance 6 above, the employee may use up to 26 weeks in a single 12-month period.
When must supervisors notify HR?
Whenever an employee is absent for 3 consecutive days
Employee injured at work
Supervisor receives notice that employee might be out for FMLA-qualifying reason
Employee’s absence could be related to known disability
Note: HR will determine whether employee is covered under FMLA and initiate appropriate forms.
What Items should be listed on a Job Description?
Title Employment status FLSA classification General purpose of the job Duties/responsibilities Qualifications Special considerations Physical requirements Signatures
What is a Job Description?
A written description of a job which includes information regarding the general nature of the work to be performed, and specific responsibilities and duties.
Who is eligible for FMLA?
An employee who has worked at least 12 months and 1250 hours prior to the start of the leave.
Who is eligible for ADA?
An employee (or applicant) who is disabled as defined by the ADA, is qualified for the position and can perform the essential functions of the position with or without a reasonable accommodation.
Who is eligible for Worker’s Compensation?
An employee who has an injury arising out of or in the course of employment.
Length of Leave: ADA
No specific limit for the amount of leave that could be provided as a reasonable accommodation if it does not create an undue hardship on the employer.
Length of Leave: FMLA
FMLA – 12 weeks in the 12 month period as defined by the employer. SA policy is a “rolling 12 month period.”
