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Employment Law/Questions
| Subject | Date Asked | Expert |
| two-weeks notice | 2/8/2012 | Shannon M. Reising, MSP, PHR |
| Q: I'm not sure how to word all this, but I'll do my best! My Father is a crane operator and has a hard ... A: Georgia is an at-will work state which means that the employer or the employee has the right to ... | ||
| all shifts work load | 2/7/2012 | Shannon M. Reising, MSP, PHR |
| Q: I work for a plastic company. My question is can my employer run "lights out" as they call it when ... A: An employer may schedule the business's work shifts in any way he chooses. There is no law that ... | ||
| Booth rent laws | 2/5/2012 | Frank C. Magill |
| Q: If there is no written or verbal agreement can the owner fire a booth renter without giving notice? A: Dina: I'm not sure of the context here, what industry is involved, etc., but if your status is ... | ||
| unfair demotion | 2/5/2012 | Shannon M. Reising, MSP, PHR |
| Q: I have been on my job more than 7 years. I have had positive reviews the entire time I have been ... A: A fact of business "life" is that some bosses or leaders shouldn't be bosses or leaders, but they ... | ||
| Check been on hold for 6weeks | 2/5/2012 | Shannon M. Reising, MSP, PHR |
| Q: my question is that i decided to quit my last job and we made tool deposit, so after i quit i ... A: An employer is generally given 30 days (one month) to rectify any payroll adjustment on a final ... | ||
| Involuntary changes in job title and pay scale | 2/3/2012 | Frank C. Magill |
| Q: My company (which is a large MN bank) is consolidating groups within 1 division, who do the same ... A: Cathy: Yes, employers are free to reorganize their internal reporting and pay structures pretty ... | ||
| commission sales | 2/3/2012 | Margaret M. deMarteleire |
| Q: My company pays me on Salary plus commission, Our commission is paid quarterly, My question is, Does ... A: Dennis - California law requires that commissions be paid as soon as is practicable after the amount ... | ||
| Figuring out employment with surgery | 2/3/2012 | Shirley McAllister, CPP, PHR |
| Q: I work full time in a small office in San Francisco. I have this weird form of anemia that my doctor ... A: To be eligible for leave under the Family Medical Leave Act, employees must work for a covered ... | ||
| Who's in Charge? | 2/2/2012 | Frank C. Magill |
| Q: My employer owned a LLC. The policy says,"If the Executive Director(ED)leave employment, the ... A: Sharron: Unless there is someone else in authority in the organization with whom you can discuss ... | ||
| Scheduled Work Time and Time Clocks | 2/2/2012 | Margaret M. deMarteleire |
| Q: My workplace requires us to clock in and out on 2 seperate time clocks in 2 different locations in ... A: Laura - It is legal to require you to clock out on different time clocks - employers have the right ... | ||
| Paystub Request for Deceased Daughter | 2/2/2012 | Shirley McAllister, CPP, PHR |
| Q: I am administer of my daughter's estate with fiduciary responsibility. She died in May, 2011 and I ... A: The company is required to send you the W-2. They are not required to furnish check stubs. You ... | ||
| not getting paid | 2/1/2012 | Shirley McAllister, CPP, PHR |
| Q: My friend works for a small trucking company {2 trucks. The owner drives the 2nd one}. The owner ... A: First of all if your friend does something to the truck he will be arrested and thrown in jail and ... | ||
| commission based employment | 2/1/2012 | Frank C. Magill |
| Q: I work for a small private beauty salon, I'm supposed to get paid 50% of the services provided to ... A: Maddie: Florida law does not require employers to disclose to employees how their wages or ... | ||
| Paid Training ? | 2/1/2012 | Shannon M. Reising, MSP, PHR |
| Q: My Questions is about "Paid Training". I work for a Company that owns 12 Preschools,I am a Lead ... A: The employer is correct. Although the state has a CEU (continuing education unit) requirement for ... | ||
| unemployment | 1/31/2012 | Frank C. Magill |
| Q: IF my husband takes $40,000 out of his 401k in February of 2012 and he gets laid off sometime in ... A: Sharon: As best I can determine, in Oregon a person's unemployment compensation eligibility is ... | ||
| No Salary or Reimbursement Paid by company | 1/30/2012 | Umesh Chaudhary |
| Q: Chaudhary, I joined this company back in June'11 after I had some family issues which restricted me ... A: Hope you're doing fine. On 24th Jan you received an acknowledgement and today we are sitting on 31st ... | ||
| needing time off | 1/30/2012 | Frank C. Magill |
| Q: I am considered an exempt employee, however in a 2 week pay period i have 2 day off i work between ... A: Janice: Your state (Oregon) does not have any law requiring employers to give any specified amount ... | ||
| "Grandfathering" of HR policies | 1/29/2012 | Shirley McAllister, CPP, PHR |
| Q: When I was hired at by my current employer, the vacation policy allowed for 4 weeks of vacation ... A: Vacation policy is not goverened by the government. Vacation is not mandated the company does not ... | ||
| Reclassification of Position and Role | 1/28/2012 | Shirley McAllister, CPP, PHR |
| Q: I have been with a company for over a year which is an independent retirement community. Last week ... A: The company can replace anyone at anytime. Unless you are discriminated against because of race, ... | ||
| Privacy on medical issues | 1/27/2012 | Frank C. Magill |
| Q: I have a supervisor who plays tennis with my sister. While playing a doubles match, my supervisor ... A: Mary: Unless you live in California, it's unlikely that your state has any law regulating this type ... | ||
| W2 to 1099 change | 1/26/2012 | Shirley McAllister, CPP, PHR |
| Q: Mrs. McAllister, I currently have a job with a company located in California that pays an hourly ... A: This is something that we are told not to do. It does throw up a red flag for an audit if a company ... | ||
| 7 Minute rule | 1/25/2012 | Shirley McAllister, CPP, PHR |
| Q: I am a Union representative and the company that I work for just implemented the 7 minute rule as of ... A: There is no 7 minute rule. What the FLSA states is that the time may be rounded to the nearest 15 ... | ||
| Bonus not paid | 1/25/2012 | Umesh Chaudhary |
| Q: I was working with an Advertising Agency as an Account manager for 4 years, after I resigned on a ... A: Hope you're doing fine. I need more information related to your employment like what was your last ... | ||
| unpaid time off | 1/24/2012 | Frank C. Magill |
| Q: Is it legal for your employer to have mandatory unpaid time off and limit it to hourly employees ... A: AJ: There is no federal or state law that I know of which would prevent an employer from doing ... | ||
| Am I required to reissue an uncashed paycheck? | 1/24/2012 | Shirley McAllister, CPP, PHR |
| Q: I have read past responses regarding escheat laws, but my case is a little different. A former ... A: If the company no longer exists than it cannot issue a check. If the company mergered with or was ... | ||
| New Zealand employment issue | 1/24/2012 | Frank C. Magill |
| Q: I don't know if you have any expertise in New Zealand employment law. If not I would appreciate if ... A: Angie-- unfortunately I have no knowledge of NZ employment law. However, I searched and found these ... | ||
| New Zealand employment issue | 1/24/2012 | Shannon M. Reising, MSP, PHR |
| Q: I don't know if you have any expertise in New Zealand employment law. If not I would appreciate if ... A: Angie, You are correct. I have absolutely no expertise in international labor laws. However, I will ... | ||
| New Zealand employment issue | 1/24/2012 | Shirley McAllister, CPP, PHR |
| Q: I don't know if you have any expertise in New Zealand employment law. If not I would appreciate if ... A: http://www.legislation.co.nz/act/public/2011/0098/latest/whole.html ... | ||
| Paid Vacation Time | 1/23/2012 | Shirley McAllister, CPP, PHR |
| Q: I was laid off work in May 2011 with no expectation of returning. I had 96 hours of vacation time ... A: Under Michigan law, an employee is entitled to payment for any earned vacation upon termination, ... | ||
| Independent Contractor and Unemployment Benefits | 1/23/2012 | Margaret M. deMarteleire |
| Q: I work two jobs, (1) Care Giver and (2) Driver for UPS. I was recently laid off from my Care Giver ... A: Nic - Being an independent contractor is considered having your own business. There is no updating ... | ||
| working for no pay | 1/21/2012 | Shirley McAllister, CPP, PHR |
| Q: i have worked at a hair salon for over 15 years,i am a employee with a w2 at the end of the year,my ... A: The employer cannot average your time if you are a W-2 employee than it goes week by week. It ... | ||
| working for no pay | 1/21/2012 | Shirley McAllister, CPP, PHR |
| Q: i have worked at a hair salon for over 15 years,i am a employee with a w2 at the end of the year,my ... A: If you are a w-2 employee and not a 1099 contractor than you should at least be paid minimum wages. ... | ||
| NDA and Non Compete | 1/21/2012 | Frank C. Magill |
| Q: I joined this IT company about 3 months back and now they are asking me to sign a non compete ... A: Neel: Employers generally do have the right to make signing of a non-compete agreement and/or a ... | ||
| Hours and | 1/20/2012 | Shannon M. Reising, MSP, PHR |
| Q: I work for a city and we have 3 types of employment, full time: 40, extended part-time: 32 hours, ... A: Because you are a city employee, you are bound by more definitive laws than private employees are. ... | ||
| Work scheduling | 1/19/2012 | Frank C. Magill |
| Q: I am a night shift worker and my employer often holds mandatory meetings in the middle of the day ... A: William: Unless you have a labor union contract or other contractual agreement to the contrary, I'm ... | ||
| FLSA, Section 7(i) | 1/19/2012 | Margaret M. deMarteleire |
| Q: I own a call center and we sell the appointments that the employees make to our clients. We are ... A: Adam - Wow, I'm impressed - very few people go willingly into the world of federal regulations. ... | ||
| Payroll and Insurance issue | 1/19/2012 | Margaret M. deMarteleire |
| Q: I have been with this company for 3 years and last year I added my daughter to my insurance. I did ... A: Barry - Technically, they are not permitted to take the money from your pay that they are currently ... | ||
| Payroll and Insurance issue | 1/19/2012 | Shannon M. Reising, MSP, PHR |
| Q: Barry Hello, I have been with this company for 3 years and last year I added my daughter to my ... A: The company may hold your final check to pay for back-premiums. However, before you leave the ... | ||
| Payroll and Insurance issue | 1/19/2012 | Frank C. Magill |
| Q: Barry I have been with this company for 3 years and last year I added my daughter to my insurance. ... A: Barry: Under Tennessee law, an employer must have written consent from an employee before anything ... | ||
| Time without pay | 1/19/2012 | Margaret M. deMarteleire |
| Q: I work for a federally funded medical office I am paid by salary. I work 8:30-5. But meeting And ... A: Chris - You have discovered the dirty little truth about being an exempt employee -- there is almost ... | ||
Employment Law
Answers by Expert:
Shirley McAllister, CPP, PHR
Top Expert on this page
Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).
Experience
25 years in Payroll and Human Resources
Organizations
SHRM (Society of Human Resources)
APA (American Payroll Association)
DOLEA (Department of Labor Employers Association)
Education/Credentials
PHR Certification in Human Resources
CPP Certification in Payroll in U.S.
Payroll Administrator and Payroll Supervisor certification in Canada
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