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 LegalWorkplace.com Forums > AHI Message Board > Employment Law Talk
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Benny2
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Quote Benny2 Replybullet Posted: 12 - Jun - 2012 at 11:51am
You are right DAWW! seems more often than not that senior management (C.E.O.) think that they know all and H.R. advice is not important. It has taken me a good part of ten years to finally convince senior mgmt. that the only sales person that is truly classified exempt is our one outside salesperson. They have finally seen the light and are paying inside sales people for hours exceeding forty hours in one week i.e sales trips, trade shows etc.  I have experienced an audit visit from the Fed. D.O.L. in a previous employment where we had people mis - classifieds and the company had to pay back several thousands of dollars to these non exempts. It was not a very pleasant experience! It reminds me of the Dickens classic " A Christmas Carol" because the Fed. told me before he left to expect a visit from the  immigration services and they came too!
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Elle
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Quote Elle Replybullet Posted: 12 - Jun - 2012 at 11:52am
It is also not at all unusual to disallow someone to apply for a position if they withdrew from a similar one. If you have ever had an employee who applied and you spent time screening and interviewing only to have them drop out, you wouldn't be too anxious to do it all over again a week later. We limit the number of times employees can put in for transfer or promotion for just that reason. As long as the rule is applied across the board, it is legal. If she is the only one not allowed to reapply after withdrawing from consideration, then it is a potential problem.
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mvc6
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Quote mvc6 Replybullet Posted: 12 - Jun - 2012 at 1:14pm
Thank you so much for the input. She has contacted an attorney and they are reviewing her case.
I know in the past when I have had employemnt questios regrding my own business ( Im an medical administrator for a family practice physician, you guys have always been dead on right when it came to rules and regulations.  You really know your stuff.
Thanks for taking the time to answer my questions.
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timk
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Quote timk Replybullet Posted: 13 - Jun - 2012 at 6:38pm
mvc6 - Let us know the outcome. It will be interesting since the attorney will get a lot more information than we have. 
Website: www.hrwhale.com
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mvc6
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Quote mvc6 Replybullet Posted: 18 - Jun - 2012 at 7:56am
I will Thank you again for your help and input
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