This is the video your need! kzbin.info/www/bejne/jKbRk56NlsyFr6s I cover that specific situation on there =)

@ Awesome! Thank you!

Thanks for the comment!

Thanks for the (second) comment! lol

Good question! That goes to primary duty testing, which in general is that employees who spend more than 50 percent of their time performing a specific duty will generally satisfy the primary duty requirement. So in the job role (over the year), if they are spending more than 50% of their time on that "white collar" work, you are fine, even if some weeks they are doing other things the majority of the time.

the key defining characteristic of gross negligence is Reckless disregard: that the person acted with a conscious disregard for the potential harm their actions could cause to others. Conscious is the key word there. They knew, and chose to do it anyway.

Nice Dusty. I think that is appropriate given what you said!

Well that made my day! Thank you Kat, and thanks for the comment! =)

@ you are very welcome ☺️

@Nechanwhal6590, Thanks for the comment! I feel you! Im really close to enough watch hours to be able to turn ads OFF. I don't currently make any money or anything from them, lol. Just waiting on the youtube gods to let me get rid of them!

Oh thank you! That made my day! =).

Hey Drum Raven - Well, thats okay now. There is another video on my channel updating this. - In the meantime: www.quarles.com/newsroom/publications/federal-court-turns-back-time-on-dols-overtime-exemption-salary-threshold-rule-what-employers-need-to-know

They dont HAVE to do that anymore based on what this video was talking about. Good luck!

Some government entities are able to do that, but in the vast majority of cases, no, that is not compliant at all.

Thank you for letting me know.

Thanks for the comment! It would depend what hourly rate they set you at! If its your weekly divided by 40 hours, then yes, more hours (Maybe lunch would be paid?). Or they could set the hourly rate so 35 hours = your current salary, if you are both sure thats going to be the most common hours worked =)

Thanks for the comment! Nope! You are "salaried, non exempt" so this wouldnt apply to you =)

Happy to help! Thank you for the comment!

Sorry for the slow reply! As he said, just write down what you know and stick it in his file. Its your view of whatever happened. Stick to the facts, not feelings or results. Just X happened on Y date, then this, then that.

Your employer has an obligation to follow your W4... you of course promise not to lie on it! Thanks for the comment =)

@ fortunately, promised are meant to be broken.

Good luck with that buddy!

@@peopleprocesses thanks. hope you get to rename your channel to HR for Grownups eventually

Hey Denise! Im sorry to hear that, but glad to learn you landed on your feet! Thanks for the comment =)

Good question! At will means you can be terminated for "no reason" or "any legal reason". You still can't discriminate, or act against whistle blowers, or fire someone for getting injured... etc... So while you could technically fire someone for "no reason", if the terminated employee alleges you did it because of discrimination... you really need a better basis than that!

@@peopleprocesses Oh, ok

Thanks for the comment!

Thanks for the Comment!

@@peopleprocesses hey man I lived 6 yrs in Denmark and before that Germany what we have here is a disgrace that's only about creating more debt slaves

Thanks for the comment!

Thats about right paratrooper! Insubordination. Thanks for the comment, and your service!

Sorry to hear that. Thanks for the comment, and best of luck!

Yea they just hit me with then hourly. My job was also flexible w/time & we work 40hrs but I know OT won’t be an option that often. But please believe these meetings that go past my work hours will be clocked.

Thanks for the comment!

The details of the VCSP are contained in Announcement 2011-64, 2011-41 IRB, 09/21/2011. There are also associated with participating in the VCSP, including that it is a federal tax program and provides no protection from state law claims, including state taxes, or from federal wage/hour claims, employee discrimination claims, or employee benefits claims for prior years. Classifying an individual as an employee through the VCSP might encourage states to seek their own pound of flesh due to prior misclassification and might cause reclassified individuals to assert their rights as employees under various employment laws. This purely settles the federal tax issues, and each state you employee in would need its own actions.

Thanks for the comment Adam!

Thats true Peter! I'll add that to our video idea queue =). Thanks for the comment!

Not sure what you mean =). "Comp Time" is when someone gets extra paid time off for working extra hours or an unusual schedule. Comp Time is not a substitute for overtime for nonexempt (hourly) employees. You would just be choosing to do both. Flex time is more about scheduling, and again doesnt do much with the FLSA in terms of pay for hours worked =)

Thanks for the comment!

It's neither, actually. You dont actually have a right to "Rebut," but you can normally deliver in writing to your employer anything you want, and they should keep it if its a complaint or grievance. Basically a rebuttal is just encouraging you to write down what you want them to know, and in a lot instances its a really good idea. Depends on your company of course, but in most of ours, rebuttals to any sort of performance / disciplinary measure make it way up the chain pretty quickly for review. Thanks for the comment.

@@peopleprocesses I missed workers council and union paticipation

@@thodan467 You know, that may be a good video! Of course, if you have appeals through unions / councils thats a different thing =). Even under the most stringent of those circumstances, the evaluation of performance and documentations of infractions are normally inside the control of the manager. Any ACTION they take based on such a review would be subject in most cases to union review. Thanks for the reply!

@@peopleprocesses If the council believes. and if the employee demands it they will be represented the managers judgement was wrong, they may veto it and then the union will support the employee challenging that in court and that is rather rarely considered a good idea higher up.

So you can just sit around at home and not work at all. That is not how life works we all should be producing something for society.

Thanks for the comment

I hear ya Mr. Mojo. I wanted our company slogan to be HR for Grownups... but the babies in marketing made me change it to GrownUp HR. Thanks for the comment.

@@MrMojo271 Hola!! Way to many softies out there.

hahah. Better than "Human Capital Management," lol, which I see swung around a lot now. I see "People Operations". "Employee Experience" etc... sometimes... but they are all kinda weird. Tried to brainstorm a few alternatives... they are worse... much worse. Rhamy - Human Improvement Officer

@@peopleprocesses Presonel or Employee Department

It's also often used as a way of managing out people. If they don't take the hint and leave voluntarily, assign them unachievable goals and do it that way. HR is there for the employer, not for the employee, despite how they try to portray themselves.

Thanks for the comment. While documentation can protect the employer, if done right anyway, it also forces the manager to write down exactly what is going on and what they want. I have seen people perform better after a write up... if nothing else because it forced the manager to be clear with their expectations.

@@peopleprocesses The most common way this sort of document is often used, at least in my experience and from what I have heard elsewhere, is often to either frame or drive out employees who point out mismanagement and corruption. *otherwise pointing out and documenting issues is usually just done via emails for more genuine issues, which do happen The problem being usually the only people skilled enough to actually argue and win that kind of argument is usually scientists/engineers. Or people who otherwise happen to be pretty good at math. Who are often times more capable at following business logic and math than their ‘managers’, at least if they take the time to look into what is wrong. But even then when it is obvious that the cause of the issue is mismanagement and the person doing the work provides plentiful evidence. Usually nothing happens to the corrupt management, and they continually make attempts to discredit the employee so they look good to the client. The employee often simply lacks the money to take them to court or does not want having sued an employer on their record so usually they eventually leave despite most of the other employees agreeing management caused the issue via their own policies and failure to follow them and were the ones who needed disciplined. Which almost certainly leads to their entire business becoming more corrupt and driving out any competent employees over time regardless, but yeah. This is just a well known phenomenon among most people, basically anyone who has not just been in business most of their life.

@@nezbrun872 ...or they just simply make things up.

I was assigned unachievable goals! It would have involved time traveling...

Thanks for the comment!

Not contracting =). Just acknowledgement. But I get the ick! Its just normally in the best interest of the employee too, they are just to pissed to realize that acknowledging they got the documentation isnt the hill to die on! Anywho, thanks for the comment!

@@peopleprocesses this whole vid implies that the employees are real “quality” people.

Had that a reason, like that seat was reserved for handicapped persons

lol, Thanks for the comment =)

Thanks for the comment

Hey Helen! Sorry for the slow reply. To some degree, that would be "more control", so if a bunch of other things add up to w2, then it would... Having said that, the way that is worded seems very "vendor management," and is quite common in working with everything from manufacturers to service providers... so it would NOT be strong evidence of an employer/employee relationship =) Thanks for the comment!