M&H

Question: One employee says she is running a few minutes late and asks another if he can clock her in. What if she shows up an hour later? Can we adjust the clock-in time?

The short answer is yes. All employees may be classified as non-exempt. Being classified as non-exempt is considered a benefit to the employee, while being classified as exempt is considered a benefit to the employer. The Department of Labor is fine with any and all employees being classified as non-exempt.

First, you are by no means required to offer an alternate day off of work. However, most employers do elect to offer another day off when a holiday falls on a weekend. The most common policy we see is that if the holiday falls on a Saturday, the Friday before is given off. And if the holiday falls on a Sunday, the Monday after is given off. Consequently, we anticipate that most office employers will be closed on Monday, December 26th and Monday, January 2nd.

Vacation policies are intended to be used for the specific purpose of vacation or leisure time, and employers who offer vacation time generally offer sick leave as well. The alternative to having two separate benefits is a singular Paid Time Off (PTO) benefit, which may be used for any purpose the employee chooses.

Enforcement of the new Occupational Safety and Health Administration (OSHA) anti-retaliation provisions has been pushed back to December 1, 2016. Initially intended to be effective August 10, 2016, the provisions were originally delayed until November 1, 2016. OSHA agreed to this second delay in light of a legal challenge in the U.S. District Court for the Northern District of Texas.