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Employment Law/Attendance policies between plants

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Question
I work for a large global corporation with many plants in the United States. For our division there was an attendance policy sent out via-e-mail which was supposed to be for all salary non-exempt employees to read and send back. However, immediately afterward our plant HR person sent an e-mail saying to disregard that message and that we would be sticking with our current "plant" attendance policy. The policies are definitely not the same, our "plant" version is much stricter. My questions are: Is having two different policies for the same pay grade of employees, between two different plants of the same division, same overall corporation legal? Does this fit under the whole Fair and Equal Treatment in employment as discrimination? What if anything can be done to legally make these two policies the same or do they actually have the right to do this? If it is discrimination is it enough that it's different plants of the same company and employees of the same pay grade not including the same division?
Look forward to hearing from you. Thanks in advance!

Answer
Well don't shoot the messenger. The government neither regulates nor controls attendance policies. These are left up to each individual company. If the company wants to have one attendance policy for administration and one for the plant and another for the warehouse it is not illegal for them to do so. It is not illegal to have one policy for one plant and another for the 2nd plant.

To give you an example Walmart is a corporation and each store has it's own attendance policy.

The only restriction on policies is that the employee must be aware of the policy. It cannot violate either the FLSA or the FMLA or any other law. The employee must be paid for all the time they work and non exempt (hourly) employees must be paid for time and 1/2 for all the hours they work over 40 hours.

Shirley

Employment Law

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Shirley McAllister, CPP, PHR

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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

30 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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