Unclear Reporting Lines Confusing to Subordinates
Q: I am an accounting clerk for a medium-sized company. When I was hired, I was told my supervisor was the office manager. Shortly after that, the company hired a new controller and I was told that I would also report to him.
Now, a new chief financial officer has been hired and I’m also reporting to him. Normally this isn’t a problem, but sometimes the three of them each have different views of how I should be doing my job.
How do I know which one to pay the most attention to? What should I do?
--M.Y., Fullerton
A: Although it sounds as if there have been no serious problems reporting to three different supervisors, it would be wise to get more clarity regarding your reporting lines.
Even if no changes result from your discussion and you may still be required to report to more than one supervisor, you need some clarification for your peace of mind.
--Ron Riggio, director
Kravis Leadership Institute
Claremont McKenna College
Increased Insurance Deduction
Q: When I turned 31, my insurance premiums went up $20 a month. My employer went ahead and deducted the amount from my paycheck without asking me. Is that OK?
--K.G., Azusa
A: Typically, when employees authorize payroll withholding for paying health insurance premiums, it is for their portion of the cost of the coverage, not for a fixed dollar amount. This approach makes sense, because it is fairly common for the premium to be adjusted each year when the insurance policy is renewed.
Unless your payroll withholding was limited to a fixed dollar amount, the employer acted properly. The alternative would have been for the employer to cancel your health insurance.
Unless there is an agreement that your portion of the premiums would never rise, your employer does not have an obligation to pay the additional $20 for you.
--Kirk F. Maldonado
Employee benefits attorney
Riordan & McKinzie
Allocation of Sick Days
Q: work for a service company that employs about 60 people. Several are managers of different departments and are classified as exempt employees. Our company has a written policy specifying that we only have two paid holidays (because we are closed only on Christmas and Thanksgiving) and five additional floating sick days that we can take whenever we want.
I am one of the managers and exempt employees. This year I used all my floating sick days. When I called in sick the other week I was advised that one day will be deducted from my salary. Is this legal?
--J.L., Santa Barbara
A: Exempt employees, by definition, work as many hours as it takes to fulfill their assignment. They enjoy no overtime or special rights to any paid leave except as voluntarily provided by the employer.
Recent cases have held that exempt employees can be docked for absence of a full day or more for personal reasons, or if the employee has exceeded the paid sick leave allocations spelled out in the firm’s plan.
Apparently, this is what has happened to you. You have exceeded your sick day allocation of five days and have not been paid your wages for additional sick days. This appears to be in compliance with the federal Fair Labor Standards Act and with California law.
If you perform services outside the state, or your employer is based in another state, there may be different laws that might make this practice improper.
--Don D. Sessions
Employee rights attorney
Mission Viejo
Who Pays for Work Tools?
Q: I just started working for a manufacturing/repair center. On my first day, I was informed that I would have to supply my own hand tools, such as screwdrivers.
Needless to say, I was slightly annoyed because they didn’t mention this in two interviews before I was hired, and the company is paying me just under $10 an hour.
I was told that the tools come to about $550 and have to be purchased within a month. Is this legal? Can I ask the company to reimburse me?
--A.M., Van Nuys
A: It appears that this is not legal. California Industrial Welfare Commission regulations require that employers provide and maintain all tools and equipment that their employees need to do the job. The only exception is that employees who earn at least twice the minimum wage can be required to provide hand tools customarily needed in their jobs.
In your case, you state that you are paid less than $10 an hour. Since the minimum wage in California is currently $5.15 an hour, you do not earn twice the minimum wage, and your employer is obliged to provide you with the tools you need and/or to reimburse you for any money you spend providing such tools.
--Michael A. Hood
Employment law attorney
Paul, Hastings, Janofsky & Walker
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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873; or, e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice.
