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PT Employee terminated, paid for 2 more weeks. Ohio

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  • PT Employee terminated, paid for 2 more weeks. Ohio

    Hi,

    We have a PT hourly employee that resigned, and gave 2 weeks notice. HR and others have told the department to pay her out during the 2 weeks even though she is not working the hours (HR advised to have her leave that day, but pay her out her 2 weeks). Are there any wage and hour, FLSA, or labor laws we will be violating by not correctly reporting her hours worked? They will be filling out time sheets for hours and days that she is not physically working the hours. We do not have sick, or vacation time for PT hourly employees.

    Thank you,

  • #2
    There is absolutely no issue with paying an employee for notice time, even if you are not having her work that notice. It is, in fact, the polite thing to do and I wish more employers would do it. I would not advise completing time sheets for time that was not worked, however.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Totally agree with CBG on that one. There are many reasons to NOT count these hours as hours worked by putting them on a timesheet (FMLA employer eligibility and whether this employee worked during those calculation weeks, employee count under ACA, unemployment, etc). So if you use your timesheet for reasons other than payroll (like I do), you might get skewed/wrong numbers.

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      • #4
        That's what i thought regarding the hours. It is basically falsifying hours. I believe i will run into a lot of hell when i mention to HR that i don't think we should do it this way. As i was not consulted in this matter in the first hand, i will be in for a fight.

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        • #5
          We have a pay code IN LIEU for just this reason. Doesn't count toward productive hours.

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          • #6
            Originally posted by fensh View Post
            We have a pay code IN LIEU for just this reason. Doesn't count toward productive hours.
            Do you tax them as supplemental wages?

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            • #7
              The Aggregate Method is one of the legal supplemental wage withholding methods, so technically taxing the wages the same as "normal" wages would be legal.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                Originally posted by Silver70 View Post
                Do you tax them as supplemental wages?
                We tax via the W4 on these hours.

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