5. If you have questions during
the presentation, please
submit them using the
“Questions” feature
Questions will be answered
at the end of the webinar
QUESTIONSQuestions
6. Exempt vs. Non-Exempt
6– KPA CONFIDENTIAL –
• Can a salaried employee’s wages get
deducted for the hours that they did not work?
• Must a salary non-exempt employee receive
break times? If so, are they paid? If there is
no policy on salary break times, can the
employee leave the property during this time?.
• Can anyone be paid a Salary, even if they are
not in a hire/fire type position? ex: billing clerk,
title clerk, etc.
7. Ford and Harrison
John Hauge
Partner
jhauge@fordharrison.com
Andrew Tanick
Managing Partner,
Minneapolis Office
atanick@fordharrison.com
8. Exempt vs. Non-Exempt
8– KPA CONFIDENTIAL –
• Can dispatchers be exempt when they
are supervising independent
contractors?
• There seems to be some
misunderstanding concerning the FLSA
classification of Inside Salesmen. Could
you provide information on what criteria
needs to be met for them to be exempt?
9. Breaks/Sick Days
• Is there any circumstance where an employer would If
a (salaried) manager works a portion of a day, my
understanding is that he/she can not be docked in pay.
Also if the manager is contacted via phone or e-mail
on a "sick" day and he/she responds, that it constitutes
work performed by the manager and it can not be
considered a day absent from work. Is that correct?
9– KPA CONFIDENTIAL –
10. Holiday Pay
10– KPA CONFIDENTIAL –
• We have six paid holidays, but if one of these
holidays falls on a weekend and the persons
hours are from Monday to Friday, do we still
have to pay for it?
11. Vacation Pay
11– KPA CONFIDENTIAL –
• We give 1 week paid vacation for the first year,
but if an employee does not make it to his first
anniversary are we still supposed to prorate
and pay said vacation? Even after only a few
months employment?
• We don't have sick days as part of our
employee benefits. When a manager calls in
sick, I mark it down as a vacation day. Is that
"legal"?
12. Documents/Forms
• How long do I need to keep I9s?
• Could you please tell me how many personnel files
each employee should have?
• Is it necessary to have I9 info & drug tests results kept
separate from employee file?
• When an employee gets a divorce; changes her last
name by Court Order; remarries (last name changed
again) - do you have to make these changes on the
employee's I-9 Form? The form only has room for 1
change at the bottom of the form.
12– KPA CONFIDENTIAL –
13. Job Descriptions
• How crucial is it to have job descriptions and
why?
• Do all employees need job descriptions?
13– KPA CONFIDENTIAL –
14. Reviews / Disciplinary Action
• Are annual reviews really a good idea or do
they just provide ammunition for the employee
if there is a dispute concerning performance?
• What should be done to employees who
unwittingly share prescription drugs (especially
in the event one person gets really sick)?
• What is considered insubordination?
14– KPA CONFIDENTIAL –
15. Termination
15– KPA CONFIDENTIAL –
• Can an employee be terminated for repeated
disruptive, negative behavior that causes
surrounding associates to complain about
working with him/her?
• Can we terminate without warning the
associates first?
• When terminating an employee how long you
have to give them their final check?
• Are there ways of preventing having to pay
unemployment to terminated employees?
16. Misc.
• If an employer is non-union must they abide by any of
the NLRB rules or regulations?
• When a work comp case is considered compensable,
is the payment to the employee/plaintiff paid in a lump
sum? Also, how does that affect an employer’s
insurance rates?
• What is considered advance notice of employee's
service under USERRA? Must it be written or is verbal
notice acceptable? Reinstatement of old job for what
period following military service?
16– KPA CONFIDENTIAL –
17. Ford and Harrison
John Hauge
Partner
jhauge@fordharrison.com
Andrew Tanick
Managing Partner,
Minneapolis Office
atanick@fordharrison.com
