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Flexing an FTE and placing a per diem in place California

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  • Flexing an FTE and placing a per diem in place California

    Recently my employer hired a new tech in the department. He was placed in charge and is changing things around. He recently flexed a full time employee and in placed put a per diem. His reasoning was that the census is low. This per diem is a new hire and is not familiar with the flow in morning. This FTE hasn't worked his full hours in the pay period. Now he is short 8 hours. He wasn't asked to make up his hours over the weekend. I personally think that was a very bad administrative decision. I've been the lead tech for over 5 years now and would never make a decision like that one. That position was giving to him cause he has 20 of years of experience. Now my question is, What can we do?

  • #2
    Unless you have a union contract, there isn't anything you can do. A company is allowed to make bad decisions.

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    • #3
      Even if it isn't the way you would have done it & even if it seems unfair, it is not illegal (minus a binding employment contract to the contrary). Sorry
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Thank you guys. Appreciate the help.

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        • #5
          You're welcome.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Wait, he hired an EXEMPT FTE and is having them paid hourly or as a 1099? If the person is exempt, you can't deduct hours in a work week unless you have a bona fide policy to the contrary - so you may have wage and hour issues. If the person is paid on a 1099, but is really an employee, you could have IRS issues - best to run FLSA and IRS tests depending on the situation.

            Jennifer Keys, SPHR
            hroracle.net
            Jennifer Keys, SPHR

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            • #7
              Originally posted by jenkeyssphr View Post
              Wait, he hired an EXEMPT FTE and is having them paid hourly or as a 1099? If the person is exempt, you can't deduct hours in a work week unless you have a bona fide policy to the contrary - so you may have wage and hour issues. If the person is paid on a 1099, but is really an employee, you could have IRS issues - best to run FLSA and IRS tests depending on the situation.

              Jennifer Keys, SPHR
              hroracle.net
              The OP says nothing about the new hire being exempt or on a 1099. The OP has no skin in this game, none of the people involved are him and he isn't involved in decision making.

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              • #8
                Originally posted by HRinMA View Post
                The OP says nothing about the new hire being exempt or on a 1099.
                I didn't/don't see that either.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment

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