Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

NC WC and Exempt Staff

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • NC WC and Exempt Staff

    North Carolina: Exempt staff member is returned to work in reduced hours capacity - 3 days/week, max of 4 hrs/day - following a nasty fall down a flight of stairs. Internal leave policy for exempt staff states a full day's pay for any amount of time on the job.

    How does Wage & Hour law for the exempt staff member interface with medically mandated work restrictions? ie, are our hands bound in paying this employee for a full days work when, in all actuality, she only works 4? If required to pay her a full 8 hrs for these partial days, are the wages earned reportable income for the purpose of calculating WComp supplemental pay or not?

    Thank you

  • #2
    FMLA and Hourly Deductions

    FMLA is one of the few reasons that employers can dock exempt employees for partial day absences. However, it sounds like you have not had that policy before. Therefore, implementing it at this time may appear to be discriminatory...perhaps as a retaliation for her filing a workers compensation claim. Also, you may not deduct partial day absences due to illness of an employee who is not on FMLA.

    The regulations regarding FMLA and exemption status may be found at: http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.206.htm

    Let me know if you have any other questions.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment

    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
    Working...
    X