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Twanda, please save this as a form.
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Thanks.
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MHC
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Please print the email and the attachments.
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Thanks.
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MHC
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Pat, here are the draft plan documents.
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Any comments would be appreciated.
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Michelle
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Here it is.
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Michelle
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Twanda, please save under Japanese labor law memo and print for me.
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Thanks.
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Michelle
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John, Do you have any comments on this letter?
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Rick and I would like to send it out soon.
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Thanks.
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Michelle
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TWanda, please print and then save the attachment as HR Confidentiality /Non-Solicitation agreement -- print for my review and editing.
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Thanks a lot.
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MHC
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I spoke with Corporate Compensation yesterday (Kim Bolton) about the option of paying for stock options/phantom stock with proceeds from the EIP incentive plan.
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She is working on obtaining approval for that provision.
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Otherwise, I believe that we are ready to review a final version of the plan.
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Jeanne, could you please circulate one?
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I'll be in San Antonio for the law conference the rest of the week, but this process should not wait for me.
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Once corporate comp gives it the ok, we should be ready to finalize it.
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Michelle Cash
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Tara, You are right -- those changes were not included.
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For Vice President level employees, corporate comp.does not promote guaranteed performance bonuses.
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The request that he be able to "get out" of his employment contract if he is not promoted also is not something that we can do; otherwise, it will undermine the enforceability of our non-competes across the board.
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I spoke with David Oxley on both of those points, and he concurred that these changes could not be made.
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Michelle
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Call me if you have any questions.
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I hope this is better late than never!
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Michelle
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Elspeth, do we want to do a new agreement, or simply assume the obligations in the old one?
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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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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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You would use the hourly rate they are paid to determine the overtime rate.
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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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