AboutShirley McAllister, CPP, PHR Expertise I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state.
If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency.
Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources.
Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience 25 years in Payroll and Human Resources
Organizations SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
Question I work for a company in Texas. I am a salaried advertising assistant. My company does not provide sick leave. When a salaried employee is sick, or must take off for any reason, we are expected to make time up. We clock in on the computer, and the program is set up so that any time less than 40 hours is called “red time” and we have to make it up with “green time.” You can also work ahead to collect green time to take time off. Management says that “green time” does not begin to accrue until you have worked two hours. For example, if I am sick on Tuesday, I have eight hours of red time. But the following week, I must work an extra ten hours to make up for the eight I missed the previous week. I feel this is illegal.
Answer If you are salaried exempt this is not legal. If you are exempt from overtime and are not paid overtime than you must be paid for days off sick. You must be paid your full salary even if you are off a day sick.
If you are salaried non exempt than this is legal to make up time.
