USA Employment Law

Customer (name blocked for privacy),

Thank you for choosing Just Answer!

I have just a couple questions to insure I can provide all legal details in this case.

Are your employees currently under employment contracts that guarantee the time of day they work?

I.E.
On their employment contract does it state that they will never be asked to work outside the hours of 9:00-5:00?

Are you planning on switching current employees to 12-8? Or hiring new employees for this time slot?

If you plan on switching current employees will you be making the switch optional or forcing certain employees to switch?

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Hi Matt ... The terms of employment offered are as follows:

Start Date           :     Monday 16th February 2004

Salary Payment Date      :     15th of each month

Base Salary          :     $48,000 per annum ($4,000 per month)

Annual Pay Rise     :     Reviewed as of 1st January each year

Bonuses                 :     At the discretion of the company, based on length of
service, personal performance and profitability of the company.

Medical Insurance     :     No company Medical Insurance scheme is currently
available, therefore, a payment of 5% of base salary
$2,400 per annum will be included.

Pension     :          No company Pension scheme is currently
available, therefore, a payment of 5% of base salary
$2,400 per annum will be included.

Company Vehicle     :     No company car scheme is currently available, therefore,
a payment of 5% of base salary $2,400 per annum will be
included.




Holiday Entitlement     :     12 days paid per year, increasing 1 extra day per year / per
years service to a maximum of 15 days. All USA national holidays ( approx 8 days ) are additional paid leave.

Company Expenses     :     All expenses to be documented with receipts and claimed
back on CCSS expense forms for administration and
auditing purposes.

Note               :     Advances will be made available if required

Company Travel     :     Suitable Insurance MUST be in place prior to ANY journey

Training          :     As agreed and required

General          :     Full adherence to CCSS’s company guidelines

Key Responsibilities     :     Technical support of all CCSS’s products                                   

Account Management of existing customers

Support of CCSS products to new customers

Priority to familiarise yourself with existing products, support and pre-sales procedures in such sufficient depth as to allow all key responsibilities to be carried out professionally and efficiently
                    

Reporting To          :     Customer (name blocked for privacy) – President & CEO, CCSS (USA) Corp
                    
Working Environment:     Working from our offices in NC or                                   from home as circumstances dictate.
                                         &nbs p;      Working at customer sites (North America) as required.

Confidentiality     :     By the nature of your position, it is of paramount
importance that CCSS’s TOTAL confidentiality is kept at all times relating to all business matters. This will be governed by USA Law

General          :     Full adherence to CCSS’s Contract of Employment,
Company Polices and Guidelines.


Termination          :     30 Days Notice

ows, no mention of working hours.

On their employment contract does it state that they will never be asked to work outside the hours of 9:00-5:00? It states in our guideline that flexible hours are expected.

Are you planning on switching current employees to 12-8? Or hiring new employees for this time slot? Switching Current employee's

If you plan on switching current employees will you be making the switch optional or forcing certain employees to switch? Make it optional, but if no uptake then we need to force it.

Alright! In that case you are in much the same boat as i was when I extended the hours of my repair shop a few years back.

There is no law preventing you from changing their working hours as long as it would still be a reasonable number of hours. 12:00-8:00 is the same number of hours as 9:00-5:00 so no conflict exists there.

Now, if you choose you can even make the switch mandatory. Your only risk would be that an employee who refuses the switch and you then let go would be eligible for Unemployment payments because it would be as if he/she was 'laid off'. Unemployment would see this as the 9:00-5:00 position being eliminated.

Other than that, you should face no problems. I chose to make my hour switch voluntary and actually found some willing participants. To entice them I offered an extra 75 cents/hour to anyone willing to switch.

To be fair, I have had to maintain that 75 cents/hour gap between equal early shift and late shift workers but it has been well worth it to keep some peace at the shop.

Basically, there is nothing legally preventing you from this switch.

As you mentioned I would suggest optional at first. If you make it forced give them a good deal of notice (30 days or so) before the new hours take effect.

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Great ... Thank you