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About 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

   

You are here:  Experts > Business > Corporate Law > Employment Law

SubjectDate AskedExpert

Pay Reduction7/10/2009Shirley McAllister, CPP, PHR
  Q: I live in Ontario Canada Recently my employer changed my status from contractor to a full time ...
  A: I understand that you think it was an employment status change. I am saying to you that you may ...
2wks given and have a vacation available7/10/2009Shirley McAllister, CPP, PHR
  Q: Earlier in the year my company took away vacations away from all mangers to save money and no one ...
  A: In the state of Maryland it depends on the policy of the company. If the policy of the company says ...
Pay Reduction7/10/2009Shirley McAllister, CPP, PHR
  Q: I live in Ontario Canada Recently my employer changed my status from contractor to a full time ...
  A: If you were a contractor before and you are now an employee it was not just a status change. You ...
2 Questions7/10/2009Shirley McAllister, CPP, PHR
  Q: Annual Review: my company does an annual review of all employees. I had to turn in my self ...
  A: The government and labor laws do not regulate raises or performance reviews. The only time this ...
clean up and uniform changing during shift work7/10/2009Shirley McAllister, CPP, PHR
  Q: Can a Ohio employer require an employee to change in and out of required uniforms and clean up after ...
  A: No this is illegal and it is federal law. The Fair Labor Standards Act says that an employee must be ...
hostile workplace7/10/2009Thomas R. Ballas
  Q: I am a plumber in Texas, and the dispatcher at our company is constantly rude, sarcastic, and ...
  A: Jamie: If you feel the verbal abuse is treatment account your race, age, gender, religion or ethnic ...
Payroll Holdback7/10/2009Shirley McAllister, CPP, PHR
  Q: I work in a union office. Several years ago we signed an agreement with the company that they would ...
  A: We did go through a similiar experience where we changed our payroll from semi monthly to bi weekly. ...
I was full time, now I work 2-3 days a week7/9/2009Shirley McAllister, CPP, PHR
  Q: I was full time, now I work 2-3 days a week, When I am off a full week I collect unemployment, Can ...
  A: Yes you can collect unemployment for the weeks you only work a little, but only if you do not earn ...
work and vacation time7/9/2009Shirley McAllister, CPP, PHR
  Q: I work with a company for 9 year and I just recently quit without notice. I want to know if I still ...
  A: In the state of Michigan the laws for payment of vacation pay upon termination say Written ...
LAID OFF WILL NOT PAY VACATION PAY7/9/2009Shirley McAllister, CPP, PHR
  Q: I WAS LAID OFF ON JULY 2ND AND AT FIRST THE CEO AND HUMAN RESOURCES TOLD ME THEY WOULD PAY ME MY TWO ...
  A: Illinois says that the company can have a use it or lose it policy. It also says that accrued days ...
Severance and PTO payments in Texas7/9/2009Shirley McAllister, CPP, PHR
  Q: A group of us were laid off from a multimillion dollar healthcare company in Texas. We have unused ...
  A: Vacation is not required in Texas, however, if there is a written employment contract or an employer ...
Visibility to jobs commissions paid on7/9/2009Thomas R. Ballas
  Q: My husband works straight commission selling windows, doors, gutters etc... His pay check only shows ...
  A: Denise: I am not aware of a law that requires details be furnished to employees who work straight ...
Employer has refused to send payroll check7/9/2009Shirley McAllister, CPP, PHR
  Q: My employer has refused to send my last payroll check after I tendered notice to retire. I am a NC ...
  A: You can try and fight for it, but I do not know that you will be successful because even though you ...
salary managment hours away from job site7/8/2009Thomas R. Ballas
  Q: Is there a numbers of hours you must be off before the next shift starts? how many hours in one day ...
  A: Manning: Some jobs have mandatory rest, such as railroad workers, airline pilots etc, by way of ...
LAID OFF WILL NOT PAY VACATION PAY7/8/2009Shirley McAllister, CPP, PHR
  Q: I WAS LAID OFF ON JULY 2ND AND AT FIRST THE CEO AND HUMAN RESOURCES TOLD ME THEY WOULD PAY ME MY TWO ...
  A: In most states vacation pay is not required to be paid. It is between the employee and the employer ...
Commission pay without possibility of sales7/8/2009Thomas R. Ballas
  Q: I am having a hard time finding laws concerning employers rights and regulations. Specifically, I ...
  A: Amanda: You must be paid at least minimum wage for the time worked. If your commissions equal to ...
NO FINAL PAYCHECK7/8/2009Thomas R. Ballas
  Q: I HAVE A FRIEND WHO WAS FIRED FROM JOB & LEFT ANOTHER 1 OWES HER A FINAL PAYCHECK I BELIEVE FOR 8 ...
  A: Damon: From the State of Maryland web site: Division of Labor and Industry The Maryland Guide ...
terminating/refusing medical emergency help7/8/2009Shirley McAllister, CPP, PHR
  Q: ok so i started my job in January of 09! i informed them as soon as i started i have anxiety and i ...
  A: Here is where you can file a claim in Nebraska. ...
MANAGEMENT HOURS7/8/2009Thomas R. Ballas
  Q: I just read the answer from Marie in Montana concerning hours worked in a week for a salaried ...
  A: Lee: As an exempt employee, meaning exempt from overtime laws, you may be required to work in ...
sick pay7/8/2009Shirley McAllister, CPP, PHR
  Q: I INJURED MY SELF AT WORK PAYED ON SALARIED SHOULD I GET MY BASIC PAY FOR SO MANY WEEKS ANSWER: ...
  A: This would be a case that would need a Solicitor to review and determine if there is any merit for a ...
sick pay7/8/2009Shirley McAllister, CPP, PHR
  Q: I INJURED MY SELF AT WORK PAYED ON SALARIED SHOULD I GET MY BASIC PAY FOR SO MANY WEEKS
  A: Your company will have insurance that covers these type of accidents, usually called a worker's ...
Employer has refused to send payroll check7/8/2009Shirley McAllister, CPP, PHR
  Q: My employer has refused to send my last payroll check after I tendered notice to retire. I am a NC ...
  A: Do you have any documents showing that the vacation time was approved by a supervisor or Human ...
Payroll distribution and picking up paychecks7/7/2009Shirley McAllister, CPP, PHR
  Q: Is it legal that my employer is taking my paycheck on payday(a Friday) to an offsite area where a ...
  A: If you do not wish to attend the function you can go pick up your paycheck and leave or you can ...
mail pay check7/7/2009Shirley McAllister, CPP, PHR
  Q: I have talked to some of my coworkers who do not have direct deposit like I do. Is there any laws on ...
  A: If the employee opts for a mailed check than the check must be mailed out on payday. So if Friday is ...
pay stub question7/7/2009Shirley McAllister, CPP, PHR
  Q: I have been employed by this company for a little over 3 months now and have not gotten a pay stub ...
  A: The state of Florida has no provisions for pay statements. The only provision they have is that Farm ...
charging money for time card missed punches?7/7/2009Shirley McAllister, CPP, PHR
  Q: I work for a car dealership and our supervisor has put a bucket out that we are to put a dollar in ...
  A: It is illegal if the employee is made to pay the money. If someone does not pay it in than the ...
man/woman pay differences7/7/2009Shirley McAllister, CPP, PHR
  Q: I work in Indiana and have been at this company for 3 yrs. I started out in one dept. as part-time. ...
  A: President Obama did sign a law called the Lilly Ledbetter Act. It is a law that says a male cannot ...
worker's taxes?7/7/2009Shirley McAllister, CPP, PHR
  Q: My mother-in-law is currently working for a local gas station here in Jackson TN. She does not get a ...
  A: This is not legal. Timecards have to be kept for at least 4 years. She should be paid on the same ...
unpaid vacation7/6/2009Shirley McAllister, CPP, PHR
  Q: I was terminated on June 3rd 2009 after working 1 1/2 years. They did not pay me my vacation pay I ...
  A: If they have a policy saying they do not pay out vacation upon termination than they do not have to ...
terminating/refusing medical emergency help7/6/2009Shirley McAllister, CPP, PHR
  Q: ok so i started my job in January of 09! i informed them as soon as i started i have anxiety and i ...
  A: I am suprised that you could not find an attorney that would give you a free consultation as there ...
minimum wage / commission payment7/6/2009Thomas R. Ballas
  Q: I have a home based business, and I am looking to expand by hiring a salesperson. Up until this ...
  A: Ken: It is certainly legal to have a commission only sales person. I would engage in a consulting ...
FMLA: termination before taking leave7/6/2009Thomas R. Ballas
  Q: I am a male and was recently working for a company that offered paternity leave under FMLA (in the ...
  A: Chad: You qualify for FMLA on the basis of the laws criteria, not the Company criteria. If you ...
Write up notification?7/6/2009Shirley McAllister, CPP, PHR
  Q: My current place of work does not notify a person if they have been written up. This, of course, ...
  A: The employee should be told if he is being written up. A warning whether verbal or written should ...
Not being paid in a timely manner.7/5/2009Shirley McAllister, CPP, PHR
  Q: I have worked for a restaurant for 5 years. I am a college student and live on my own with no help ...
  A: This is not legal for your boss to do. You must be paid in a timely manner. The company should set ...
Is a forced demotion and pay cut discrimination?7/5/2009Shirley McAllister, CPP, PHR
  Q: My employer informed me last week that my job title was being changed and my salary reduced by 23%. ...
  A: This could be considered age discrimination unless the company can prove it was for performance ...
Wages in restaurants & tip pool7/4/2009Shirley McAllister, CPP, PHR
  Q: I have a couple of questions for you. First of all, I work in a restaurant and "open" in the morning ...
  A: If you work and recieve tips your employer is allowed to pay you the 2.13 per hour. It does not ...
termination with no notice7/4/2009Shirley McAllister, CPP, PHR
  Q: I was picked up for OUI charge 45 days ago. I continued to work for a sandwich shop. My boss put ...
  A: He can only give the truth in a reference. If he tells anything that is not the truth than he can be ...
Law about receiving check on day of lay-off?7/3/2009Shirley McAllister, CPP, PHR
  Q: Friend, good work ethics,not notified, laid off when reported for work one day. Two men walked him ...
  A: There are no laws broken here, but he should be paid in the time frame that is listed in the rules ...
FMLA: termination before taking leave7/3/2009Thomas R. Ballas
  Q: I am a male and was recently working for a company that offered paternity leave under FMLA (in the ...
  A: Chad: FMLA is the leave itself, and if you qualify for the leave while you were working, it means ...
pay reduction7/3/2009Thomas R. Ballas
  Q: can an employer drop an employees pay rate down to minimum wage on there last paycheck if they leave ...
  A: Gene: They should not cut your pay in arrears. Typically, companies must give notice if pay ...

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Umesh ChaudharyShirley McAllister, CPP, PHRThomas R. Ballas
   

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