Відео

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.

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.

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!

Thanks for the comment! Hope your giveaway goes GREAT!

Hah, thanks for the comment =)

Thanks for the comment! If not hired, definitely fired much much sooner! Its okay to fire people - you just need to document (as you have) and then let them go. It's no fun, but terminating bad employees is a big part of leading a company!

Thanks for the Comment CSM! Not outrageous! Reasonable Person would quit is the standard.

Thanks Justin! for the comment too =)

Thank YOU! =)

Thanks for the Comment!

You are right! Teachers are exempt from salary requirements, lol. Thats the "learned professional" exemption, and has no minimum earnings requirement.

There are many ways this could go. Cases are coming hot and heavy, but The U.S. District Court for the Northern District of Texas on July 1 declined to block the new overtime rule nationwide. That is the most... receptive court ideologically to stopping it (thats who did an injunction against a similar Obama era rule.) It will be many months before district court gets to it, and other cases nationwide have less of a chance of success than that one. Given that, I would recommend you continue to prepare as if this will go into effect Jan 1. The most likely change would be politically (different president, house goes republican) and they make changes that retract the current administrations policy. Even that is not guaranteed, however!

@peopleprocesses thank you so much! Is there a good way to stay up to date with this process? I had a lot of trouble finding information on it and only found the final ruling. Perhaps I'm searching the wrong term or just not looking in the right place!

​@@jessfoster5490 Hah! Stay subscribed here! I promise to update at least 3 more times on this topic. Also, if you download our guide to this at peopleprocesses.com/free-downloads I send out a monthly newsletter with compliance updates.

From your brief comment, it sounds like they did not cut your pay, even though you are not a supervisor anymore. That would be a change in job duties, and unless you are under some specific employment contract, probably not raise to the level of constructive discharge. As for the 2% vs 3%, that's at employer discretion, unless you think the reason is because of a protected class (discrimination based on race, religion, sex, etc...) Of course, there could be more to it, but thats my first glance =). Nevertheless, I wish you luck! Thanks for the comment!

@@peopleprocesses thanks for your response, I just now saw this. It’s obvious it’s retaliation for On the Job Recordable and my FMLA for surgery, but how do you prove it. I was the only one in my department to get 2% vs 3%, between than and reduction in position and the track record of the new hire, once temporal proximity is no longer on my side I’ll be terminated.

Thank you SlimyJack! That made my day.

Good man! Good luck! Thanks for the comment.

Lol. Thanks for the comment!

Thank YOU for the comment! I appreciate it =)

Thanks for the comment. We are seeing that a lot. The "non exempt salary" option discussed is probably the way to go! Just keep a timesheet, and make sure you arent going above 40 hours, and you should be fine.

Congrats on the raise! Hey, knowing you get paid overtime in 2025 sure aint the worst thing =). Thanks for the comment

Thanks for the Comment!

Government should not be involved in voluntary exchange.

@@Individual_Lives_Matter The real world is not simple enough to allow that to work in all situations. Monopoly and collusion can corrupt a countries free labor market.

Thanks for the comment! No effect from this regulation on you at this time.

I have a terrible supervisor and a few of them left the company because of him. All of them complained to HR about supervisor's behavior and all HR did was come and tell the supervisor who complained about what instead of taking any action against them. He does treat me bad every few weeks and there was a time I got super depressed and would just stay in bed starting from Friday evening till Monday morning wanting for time to pass.

@@acecala3576 Thats terrible, wishing you all the best...

@@onthecase1002 sorry for your medical condition! I too had a panic attack and several episodes that I thought was headed to where you are. I had to start taking Cymbalta and have a script for Xanax though I’m leery about taking any in case they request a 10 panel drug screen.

In general, offering employee benefits is a sign that the worker is an employee.

No Doubt Robert! But a church can fire their employees for saying "I dont believe in this doctrine" thats required of the churches faith. An abortion clinic can fire an employee for expressing anti abortion views. First amendment protects you from government action, not necessarily from private ones. Not sure it should be that way, but it is the current lay of the land. You can express any view against the government, and the government just has to suck it up... whether private actors don't want to associate with you because of that... well, thats their freedom too =). Freedom of Association is also very important, just like Freedom of Speech.

Thanks Angela! That means a lot to me! =)

@@peopleprocesses You're welcome. 😊 Have a great day today.

@brandon, No sir. No difference in For Profit Vs Non Profit on this one =)

Welp! Starting July 1 they can raise you to ~44 or start paying overtime! =)

Thanks for the Comment!

Thanks for the comment James. My best wishes for your career! =)