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If the former, I'd do a new agreement.
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If the latter, I believe I simply can do an assignment agreement, once I receive a copy of the current agreement.
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It also depends on the language in the old one, and whether we believe it protects ENA.
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So, we'd have to look at it.
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Sharon, do you have the file on this person?
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If so, let me know, and I will have someone come and pick it up.
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Thanks.
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Michelle
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FYI re: FMLA policy
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32,966
Jeff, What is the status of the document?
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I expect that Jon will be calling me any day.
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Thanks.
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Michelle
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Twanda, please save this in whatever power point directory you have.
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Then, print for me to revise for a presentation to Energy Operations for Norma.
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Save this one, though, because the one I am going to use for Energy Ops will be much shorter, and this one has good stuff in it!
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Thanks.
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Michelle
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Kerry, thanks for this -- wow, is it long!
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Michelle
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FYI
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How is the research going on whether we can set up the plan the way we want to?
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My understanding is that you were going to do some research for us.
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Thanks.
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Michelle
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Please keep your file open.
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We still are talking with her, and probably will need additional revisions to the document, as well as your advice and counsel.
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Thanks.
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Michelle
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Felicia, In general, you are correct that the salary basis test must be met before someone can be classified as exempt.
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However, because there are certain exceptions to the salary basis test (for example, licensed attorneys do not have to meet that test), it depends on what the employees are doing as to whether this situation creates a problem under the FLSA.
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My recommendation would be to obtain information about the jobs performed by these 29 employees so that we can determine whether there is an issue.
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If they do not fit within one of the exceptions, we probably should have them affirmatively report time so that hours worked over 40 can be paid at the overtime rate.
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32,990
You would use the hourly rate they are paid to determine the overtime rate.
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32,991
If they are not working over 40 hours in a week, it will not be an issue.
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Let me know if you have questions.
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Michelle
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Sylvia/Sharon: I assume that copies will be provided to me and Kriste as well.
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I would appreciate the opportunity to review them.
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Thanks.
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Michelle
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Rick, are you on this, or should I get on it?
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Michelle
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TWanda, please print for me.
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Thanks.
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Michelle
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FYI.
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Michelle
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Hi, Charla, I have reviewed the additional fields you described.
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Most of them look fine with me.
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I do have some concerns with the questions about birthplace, citizenship, personal travel, and reason for return from prior assignment.
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The questions about birthplace/citizenship are the most risky.
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As I have discussed with others, such questions could create issues of national origin discrimination, particularly if one's birthplace country is not evident from any other source.
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It also could create a privacy issue if we are asking questions that are not job-related and consistent with business necessity.
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What is the purpose of this inquiry?
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Are we trying to determine whether a person is eligible to work in a particular country?
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If so, it appears that birthplace and citizenship are not the answers that we need.
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We already have a field on where a person is eligible to work, which would cover the situation where a person has citizenship in one country, but is on a work visa to another.
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Any other information may not be necessary.
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The question about reasons for returning from leave also could unearth information that we really don't want to keep on a system.
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For example, if a person left because of health reasons, or the birth of a child .
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.
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.
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it really is not a job-related issue.
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What is the purpose of this question?
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Is there a less intrusive way to ask it?
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Finally, the question about countries visited for personal reasons also is asking information that is not job-related.
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What is the purpose of that inquiry?
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Is there another way to gather that information?
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Let me stress that none of these inquiries is unlawful -- some of them may be unwise for the reasons I cited above.
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If you would like to discuss this further, please give me a call.
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Michelle
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I inadvertently forgot to "Reply to All" when I sent this response to Michelle
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T: Would you please set up a meeting with Shanna?
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Thanks.
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mhc
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Twanda, would you please print for my review?
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Thanks.
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MHC
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T: Would you please print this and attached and file in BP amoco file?
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Thanks.
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MHC
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FYI.
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Michelle
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Jon, it was attached to the bottom of his prior email, which I will resend to you right now.
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MHC
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Any idea why they did this?
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Michelle
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David, on point 2, that type of arrangement has to be approved by the Enron Executive Committee.
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Let me know if you want a copy of the note describing that process, which was sent by Cindy Olson a few weeks ago.
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Michelle
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We are in the process of promulgating a data protection policy.
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It should be out in the next few weeks.
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It addresses all of those privacy, etc. issues.
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Let me know if you would like a copy of the draft policy.
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MIchelle Enron North America Corp.
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We should get it today; I'll messenger it over when it arrives.
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mhc
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FYI.
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I have sent them a copy of the draft policy.
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