I recently took over a job as Director of a non for profit 501 C 3 organization. It is an ambulance service. We have 4 paid members and 40 volunteers. All the paid staff are classified as salary. Our departments board of directors has given the paid staff a certain amount of vacation time. My question is if a paid employee has used all their vacation time, is it legal to adjust their pay to a per day perdiem. Say for instance a person makes 423.07 a week gross and they miss 2 days, can we by law figure what they would make per day and only pay them for the 3 days they were there?
The paid people are paid to be there M-F 7am - 5pm or until a volunteer gets there could be later than 5 pm. Are we required to pay overtime? Also, the paid employees are required to work one 12 hr shift per month on the weekend. Is this legal? I was told it was legal, you just couldnt make them do anything while they were volunteering that they would do when they were paid such as cleaning duties, etc.
2006-09-08 00:57:00 · 7 answers · asked by Jenny K 2 in Politics & Government ➔ Law & Ethics
By the way I am in Indiana
2006-09-08 01:08:34 · update #1
Such a lenghty story, no time to read. Bye
2006-09-08 00:59:16 · answer #1 · answered by eitemad_eitemad 3 · 0⤊ 1⤋
Each state has labor laws regarding overtime, lunch breaks, hours allowed to work, etc. You need to examine both the federal labor laws and the Indiana Code to determine what is legal in Indiana.
The best person to ask is an Indiana lawyer. You could see if IU or any other law school in IN has a law student program that can help you. The law school programs are usually free.
2006-09-08 09:23:50 · answer #2 · answered by J T 3 · 0⤊ 0⤋
Overtime regulations are particularly complicated - the US Department of Labor has, on occasion, issued conflicting rulings as to who is entitled to overtime. But they're the ultimate regulators in this area: contact the Wage and Hour division in your area - they'll be in the phone book.
You can also address your adjustment question to them, but in most jurisdictions the per diem adjustment would likely be an appropriate response by an employer. I hedge the answer because questions like yours can turn on what your organization's written HR policy is (and many small organizations don't have one...even though they should, and even though inexpensive templates are available.)
2006-09-08 08:05:48 · answer #3 · answered by Anonymous · 0⤊ 0⤋
People are paid for the time they work. Unless the contract says otherwise, that can be calculated per day, per week, whatever.
As far as overtime, those are specific employment laws that vary per state, and only a licensed attorney can provide legal advice.
2006-09-08 12:33:07 · answer #4 · answered by coragryph 7 · 0⤊ 0⤋
You've got some really good points, the only thing I could offer for yu is this website below as I am VERY familiar with for-profit HR type stuff, and would hate to lead you down the wrong path. This URL should help:
http://nonprofitissues.com/google6.html?gclid=CK3x8K2BnocCFUyLCwod5A_7ow
If it's coming up unclickable , just copy and paste in your browser; it's a newsletter that has everything you need to know about running a 501 (C) org. Good luck!
2006-09-08 08:13:36 · answer #5 · answered by Sidoney 5 · 0⤊ 0⤋
Not sure about it, it sounds like they aren't doing anything wrong, but I know if you take corporate nursing facilities in Mo, they can screw your OT like you've never seen, pit in 104 hours, and a have one hour overtime in two weeks? Heres how, the pay period, two weeks is also cut in half again tues-mon or however they want, that means you can actually screw your employees twice as bad, lets see, most nursing homes are run on state funds, medicaid, medicare, yet the state can't get a grip on how they shaft the employees? Why hasn't this been put on the ballot yet?
2006-09-08 08:21:42 · answer #6 · answered by marquita 3 · 0⤊ 0⤋
dived it my 2 and pay them that
2006-09-08 08:08:24 · answer #7 · answered by Anonymous · 0⤊ 1⤋