| Subject | Date Asked | Expert |
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| payroll deduction | 10/15/2008 | Thomas R. Ballas |
Q: i am a delivery driver, my truck is preloaded at night by the warehouse personnel, when i arrive at ...
A: If they are deducting a portion of your pay for the alleged shortages, without your permission, then ...
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| 1099 | 10/14/2008 | Thomas R. Ballas |
Q: If a person works for a company temporary as 1099 on premises, does he/she entitle to overtime pay?
A: Inna: Typically, a person who is a contractor is paid the full agreed upon amount, with no taxes ...
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| FMLA and sick/vacation pay | 10/14/2008 | Shirley McAllister, CPP, PHR |
Q: My mother is 67 years old and has worked at her job for 20+ years. Recently, my father became ...
A: There is no reason for her not to use her vaction and sick pay she has accrued. They can run ...
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| FMLA and sick/vacation pay | 10/14/2008 | Thomas R. Ballas |
Q: My mother is 67 years old and has worked at her job for 20+ years. Recently, my father became ...
A: Jeff: If your Mothers company allows employees to utilize paid time off (PTO) for the care of a ...
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| fmla | 10/14/2008 | Shirley McAllister, CPP, PHR |
Q: I was on fmla through Sept. 5th. I received a letter Sept.29th saying that I was fired Aug. 28th. I ...
A: I also suggest you get an attorney. Many attorney's will take the case on a contingent basis which ...
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| Help!!! I need my money! | 10/14/2008 | Thomas R. Ballas |
Q: Just April of this year I had finally received two paychecks from a job that I had quit with a 2 ...
A: You should file a claim with the State of California as soon as possible. Here is the website ...
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| Split shifts - Kansas | 10/14/2008 | Shirley McAllister, CPP, PHR |
Q: My wife is a Kansas public school bus driver and drives several routs during the day. She has an ...
A: She needs to go talk to the person in charge and explain the circumstances. If she has been with ...
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| salary exempt | 10/14/2008 | Shirley McAllister, CPP, PHR |
Q: I am salary exempt and during times of feast work 60 to 70 hours a week but with the lagging economy ...
A: Unfortunately even if you are salaried exempt you can be layed off due to lack of work. If you are ...
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| payroll | 10/13/2008 | Shirley McAllister, CPP, PHR |
Q: I work for a company in Minnesota driving dump trucks. i have only been working for this company for ...
A: You should have your paycheck every other Friday. My husband drives dump truck and he is paid every ...
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| altering time punches | 10/13/2008 | Shirley McAllister, CPP, PHR |
Q: what is the legality of management taking time off of an hourly employee's time report? if an ...
A: You asked if it was legal. The U.S. Department of labor laws say the employer can round to the ...
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| Dock pay with out offering benefit time | 10/13/2008 | Shirley McAllister, CPP, PHR |
Q: My employer is trying to dock my hours and pay although I have 56 hours accrued in PTO time. There ...
A: Vacation and PTO is regulated by the company and they can say when you can use it as it is not ...
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| Mailing of Payroll | 10/13/2008 | Shirley McAllister, CPP, PHR |
Q: My daughter works for a 3rd party firm that does unemployment claims. Direct deposit is not offered ...
A: The company has no control over the US mail. The checks must be mailed out on time. I do not know ...
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| Overtime pay for salaried employee | 10/12/2008 | Shirley McAllister, CPP, PHR |
Q: I work as a Customer Services Coordinator at a privately owned company in Michigan. I am a salaried ...
A: If you are salaried exempt you are exempt from overtime under the FLSA . You are paid a salary for ...
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| Vacation Pay For Employees | 10/11/2008 | Shirley McAllister, CPP, PHR |
Q: I was working for a corporate chain of convienence stores for two years. The main office is out of ...
A: The are not required to pay vacation pay upon termination according to Tennesse statutes unless ...
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| Withheld final paycheck | 10/11/2008 | Shirley McAllister, CPP, PHR |
Q: I recent resigned from my previous employer, gave two weeks notice. Employer decide to withhold my ...
A: It is definately illegal to withhold your final paycheck. They cannot do this even if you have used ...
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| Unfair treatment & promotional transfer letter (resignation) | 10/11/2008 | Shirley McAllister, CPP, PHR |
Q: I am an employee of the State of Maryland Government (Public Safety and Corrections). I have had ...
A: Because of the "At will" law and because you have resigned to take another job you do not have a ...
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| Equal pay for duties performed? | 10/11/2008 | Shirley McAllister, CPP, PHR |
Q: I'm not sure where to begin, but when I heard about my friend's situation something did not seem ...
A: No wage increases are not regulated by the government. The only regulation is that at least minimum ...
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| restaurant tip out | 10/11/2008 | Shirley McAllister, CPP, PHR |
Q: I work for a restaurant and we tip out 3% - 1% to the bar, 1% to the bussers, and 1% to the hosts. ...
A: The state of Texas follows the Federal laws on tip pooling. Here is what the federal laws say: Tip ...
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| on-call hours | 10/11/2008 | Shirley McAllister, CPP, PHR |
Q: I work in southern california in the swimming pool industry. In the winter we our work loads are ...
A: Your company is way out of compliance with the law. #1. He cannot pay you hourly and average your ...
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| Holding Last Pay Check | 10/11/2008 | Shirley McAllister, CPP, PHR |
Q: I was laid off from my office job. My former employer will not give me my last pay check. She said I ...
A: This is illegal, your check cannot be helf for this reason. I do not know which state you are in but ...
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| Worked Over time but not paid. | 10/11/2008 | Shirley McAllister, CPP, PHR |
Q: This in Alabama for a cafeteria. If an employer has told all employees that if they work more then 8 ...
A: If she works and does not take the lunch or the break she should be paid for all the hours she ...
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| docking salaried non-exempt employees | 10/10/2008 | Shirley McAllister, CPP, PHR |
Q: Our company has three employee classifications - salaried exempt, salaried non-exempt and hourly. ...
A: First of all this classification is rarely used anymore. Mostly now the companies are either ...
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| Hourly worker = no overtime? | 10/10/2008 | Shirley McAllister, CPP, PHR |
Q: I am an hourly worker in the journalism field in California. When I first started my latest job, I ...
A: This is not legal. If you work overtime you cannot be paid comp time if you are an hourly employee. ...
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| altering time punches | 10/10/2008 | Shirley McAllister, CPP, PHR |
Q: what is the legality of management taking time off of an hourly employee's time report? if an ...
A: The employer can round up and down to the nearest 15 minutes. He must do it all the time for all ...
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| laid off by my employer, with a union contract | 10/10/2008 | Shirley McAllister, CPP, PHR |
Q: I was laid off on 10-09-08 by my employer, but I have a union contract that states the company ...
A: There is no remedy for being layed off. This is very common these days . If there is no work to be ...
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| payroll checks | 10/10/2008 | Shirley McAllister, CPP, PHR |
Q: Am I required to provide a way for my employees to cash their payroll checks. Banks are charging ...
A: No you are not required to cash their checks. YOu are only responsible to get their checks to them ...
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| Holding Final Check | 10/10/2008 | Shirley McAllister, CPP, PHR |
Q: I was fired from a company on the same day as pay day. I didn't have direct deposit so my full two ...
A: If you are not paid your wages than you are due your wages plus 8% interest which starts accruing ...
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| Time clock rules | 10/9/2008 | Shirley McAllister, CPP, PHR |
Q: Where can i find the law about the 7minute rule. I need to address some employees that do not know ...
A: This is in the rounding allowed under the FLSA act. The Fair Labor Standards Act allows employees to ...
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| DELIVERY METHOD OF CHECKS | 10/9/2008 | Shirley McAllister, CPP, PHR |
Q: my question involves the timely delivery of paychecks each pay period. You answered a question in ...
A: No laws are broken as you made a good faith effort to have to checks to the employee as quickly as ...
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| Wage Claim / Paycheck Deductions | 10/9/2008 | Shirley McAllister, CPP, PHR |
Q: Good Evening Shirley, I think I have a wage claim but am not really sure. Here is my situation. ...
A: I would first ask for my pay from the company. That would show the DOL that you had attempted to ...
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| not getting paid for a days work when I don't punch out | 10/9/2008 | Thomas R. Ballas |
Q: My employer does not pay us for any days that we forget to punch in or out. This does not happen ...
A: Teresa: It sounds as though you are getting paid, but late if you do not punch in and out. There ...
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| Wage Claim / Paycheck Deductions | 10/9/2008 | Shirley McAllister, CPP, PHR |
Q: Good Evening Shirley, I think I have a wage claim but am not really sure. Here is my situation. ...
A: I understand your situation. It is a law in NE that you have to be paid for all the hours that you ...
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| DELIVERY METHOD OF CHECKS | 10/9/2008 | Shirley McAllister, CPP, PHR |
Q: my question involves the timely delivery of paychecks each pay period. You answered a question in ...
A: You are not violating any laws because it is the choice of the employee to have it mailed rather ...
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| Pay Date | 10/9/2008 | Shirley McAllister, CPP, PHR |
Q: I know that employers must give out pay checks on the scheduled pay dates. Does this also mean that ...
A: It is not the bank's fault. I have been responsible for payroll for my company for 25 years now. ...
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| Time-clock increments and payroll | 10/9/2008 | Thomas R. Ballas |
Q: If an employee has a shift that ends at 3:30 p.m. and clocks out at 3:38 p.m., his time paid rounds ...
A: Deborah: Employers are required to pay for time worked. If you are working unauthorized overtime, ...
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| FMLA - Return to work | 10/8/2008 | Shirley McAllister, CPP, PHR |
Q: I am a Manager and an Exempt Employee. I was in a motorcycle accident and was off work for about 3 ...
A: It is permissable to give comp time to salaried employees for working extra hours. It is not ...
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| FMLA/pregnancy question | 10/8/2008 | Shirley McAllister, CPP, PHR |
Q: I am currently pregnant (not due until the end of March 2009) and have been sick a lot in the past ...
A: FMLA cannot be restricted in this manner. If they try to site you for attendence problems you need ...
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| Payroll | 10/8/2008 | Thomas R. Ballas |
Q: If there was an error in my direct deposit and the money was deducted and never deposited should i ...
A: Corey: Not sure I understand what happen. There was an error in your direct deposit. Then, are ...
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| not getting paid for hours worked | 10/8/2008 | Thomas R. Ballas |
Q: i worked 40 hours overtime and did not get paid for them. my employer was informed and will fix it ...
A: Chris: Without knowing what state you are in, I cannot look the law. I think your best course of ...
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| pay ckeck | 10/8/2008 | Shirley McAllister, CPP, PHR |
Q: if we get payed on fridays and i dont have direct deposit can my employer mail my check to my house ...
A: If your employer mails your paycheck on Friday it is legal for him to do so. Why can you just not ...
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