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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

WAGE AND HOURS AND COMPENSATION WHEN TRAVELING11/6/2009Thomas R. Ballas
  Q: my daughter is working as a marketing manager from 40 to 60 hours per week. She is not in charge of ...
  A: Danielle: Here is a link to the DOL page that can help you determine if the position should be ...
Salaried Exempt Overtime and Holiday Pay11/6/2009Thomas R. Ballas
  Q: Can salaried-exempt employees be required to work more than 40 hours a week? If a company offers ...
  A: Jessica: Exempt employees are salaried. Many such employees work more than 40 hours per week. If ...
recieveing severance & 60 days payroll11/5/2009Thomas R. Ballas
  Q: I was laid off on October 27th, 2009. I was given an exit interview and received a "Separation ...
  A: Sherry: My experience with unemployment comp is limited, but here is what I think. Usually if you ...
last minute required schedule changes11/5/2009Thomas R. Ballas
  Q: I currently manage retail. I has always been clear that we may ask staff to help cover shifts last ...
  A: Kristina: Given the corporative directive, there is not much you can do other than follow it. ...
Meal period11/4/2009Thomas R. Ballas
  Q: Work in Ca. as a delivery driver. It has always been employees option to take an hour or half hour ...
  A: Nick: The company may set your meal period at one hour, and it may be unpaid if you are relieved of ...
Salary vs. Hourly Pay11/4/2009Thomas R. Ballas
  Q: In MN, can an employer switch employees back and forth from Salaried to Hourly and then Hourly to ...
  A: WKW: The duties of the position drive the answer to wether the job is salaried or hourly. ...
FMLA Required Time Off11/4/2009Thomas R. Ballas
  Q: I am taking 4 weeks off of work in December to have a child. I have enough accrued paid vacation ...
  A: Andrea: If you request vacation and do not mention the birth, your company should not put you on ...
hours between shifts to avoid overtime11/3/2009Shirley McAllister, CPP, PHR
  Q: Is it required that an employee have a full 8 hours between shifts to avoid the employer having to ...
  A: Here is how the California Department of Labor defines a workday: Any consecutive 24-hour period ...
pay check stubb - Texas Law11/3/2009Thomas R. Ballas
  Q: My employer sometimes doesn't give us our stubb for a week or more. Is that legal in Texas? ANSWER: ...
  A: Patricia: I have no doubt direct deposit falls under the statute. Look at this link under "Payment ...
reduced hours unemployment benefits11/3/2009Shirley McAllister, CPP, PHR
  Q: I need to reduce my employee's hours from 40 hours a week to 10; can they apply for unemployment and ...
  A: If an employee's hours are drastically reduced they can apply for unemployment. They will have a one ...
Dr. will not release me to work/Terminated11/3/2009Thomas R. Ballas
  Q: I have worked for a large fortune 100 company for 13 years. I have been disabled for the past 2 1/2 ...
  A: Jack: I do not think you have any recourse at this point. I presume you are not and have not been ...
pay check stubb - Texas Law11/3/2009Thomas R. Ballas
  Q: My employer sometimes doesn't give us our stubb for a week or more. Is that legal in Texas? ANSWER: ...
  A: Patricia: My mistake, not yours. Here is the statute, and it says at the end of the pay period. ...
Return to work from leave10/30/2009Thomas R. Ballas
  Q: I was recently out for minor surgery for 3 weeks under FMLA. Surgery was on Wed 10/21. MD said I ...
  A: Gena: FMLA allows you to be out for a medical problem provided you properly and timely fill out all ...
changing of timecards10/29/2009Shirley McAllister, CPP, PHR
  Q: i work in a union shop i am a member of the shop committee that handles grievances and ...
  A: Timecards are legal documents and should not be altered by the supervisor. They should be altered at ...
California Vacation Payout10/29/2009Shirley McAllister, CPP, PHR
  Q: I recently quit my job in California. Although our main office in Chicago does not allow for ...
  A: This is how I would calculate it also. The only senerio I can think of is if some of the accrued ...
FMLA Question10/29/2009Thomas R. Ballas
  Q: I was absent from work for a week with a medical issue. My former employer said it would be covered ...
  A: Robert: The company is responsible for granting your FMLA. State and Federal governments do not ...
Commission earings and time requirements10/29/2009Thomas R. Ballas
  Q: I am an employee working in inside/outside sales for a very small company (under 10 employees) and I ...
  A: Demaris: I am not an attorney but will answer as best I can. No. 1 Employers may set the hours of ...
human resource comments10/29/2009Jason Barnette
  Q: I was told by my human resource director that my union was wrong for not doing anything for me if i ...
  A: Joe: If can file a complaint with the EEOC or your state's Human Rights Commission if you're a ...
Timeclock Legality10/29/2009Shirley McAllister, CPP, PHR
  Q: The time clock where I work (California) doesn't pay by the minute. Once you get to seven minutes, ...
  A: Yes, it is legal to round up and down to the nearest 15 minutes. That means that you would have to ...
Unpaid Wages10/28/2009Shirley McAllister, CPP, PHR
  Q: In September 2009 I was working for a temp agency. I was offered a salary. I workded for their ...
  A: I think you can prove that easy enough, but if you do not have something saying they will pay you ...
Unpaid Wages10/28/2009Shirley McAllister, CPP, PHR
  Q: In September 2009 I was working for a temp agency. I was offered a salary. I workded for their ...
  A: Yes you probably can get them to pay the amount they promised if you have a signed contract stating ...
payroll tax being incorrect.10/28/2009Shirley McAllister, CPP, PHR
  Q: Ok, so I am curious... I have worked for my boss for about 9 and a half years now. I haven't really ...
  A: What you do is immediately call the Department of Labot in your area. You have them investigate it ...
wongful termination10/28/2009Thomas R. Ballas
  Q: I worked for the RR for 26 plus years. I transferred from one department to another to become a ...
  A: Bruce: I would ask for an immediate meeting with the highest designated Human Resource or Labor ...
Pay Days10/28/2009Shirley McAllister, CPP, PHR
  Q: Our organization pays twice a month (we are located in VA). When a pay day falls on a Sunday, ...
  A: Wages in the state of Virginia must be paid either before or on the regular scheduled payday. This ...
deductions from vacation pay10/28/2009Shirley McAllister, CPP, PHR
  Q: I was terminated from my last job. I had accrued 160 hours vacation pay which I received. My ex ...
  A: It depends on whether it was owed for the month or not. I think your insurance probably terminated ...
Banks holding funds on payroll checks10/28/2009Shirley McAllister, CPP, PHR
  Q: Chase bank in California is implementing a policy to hold your payroll check deposit funds and not ...
  A: This is a bank policy, not a payroll policy. If the bank policy is not what you wish than have your ...
No Bathrooms Available10/28/2009Thomas R. Ballas
  Q: I don't know if you are the right person to ask but here goes... The bathrooms of the bldg I work ...
  A: XXX I have found a federal regulation that deals with this topic. 29 CFR 1910.141(c)(1)(i) states: ...
paychecks held10/28/2009Shirley McAllister, CPP, PHR
  Q: What does this mean? "Anyone turning in late time sheets will have their paychecks held until we ...
  A: Some states give the employer's a time period in which pay checks must be paid. Usually it is every ...
Sick leave10/28/2009Shirley McAllister, CPP, PHR
  Q: I read a recent Q&A on your site in which the answer was: "You have to be paid your full salary ...
  A: When it is PTO it is a combined Paid Time Off. It is still a benefit given by the company. At that ...
boss not paying me hours.10/28/2009Shirley McAllister, CPP, PHR
  Q: my regular hours are 10 am- 4 pm. sometimes my boss makes me come in early or leave late, so I put ...
  A: You should report it to your local department of labor. This is illegal and it is falsifying a legal ...
Who inestigates HR managers?10/28/2009Thomas R. Ballas
  Q: I filed a grievance for wages after an argument. Next days later I went to a 2pm Doc app, and ...
  A: Mr. Brown: The only thing you can do if you think HR is not fairly investigating is take the issue ...
Termination pay not received.10/27/2009Shirley McAllister, CPP, PHR
  Q: My husband was hired as 100% commission to sell cabinetry for a small business in NV. He sold a job ...
  A: You can either file a claim with the Nevada department of labor for unpaid wages, yes commissions ...
exempt employees10/27/2009Shirley McAllister, CPP, PHR
  Q: Our employer has paid for exempt employees insurance for many, many years as a benefit. This month ...
  A: Sorry to tell you but I have never heard of this being a benefit of being exempt. I have been doing ...
Severance pay vs. wages paid instead of advance notice of layoff10/27/2009Shirley McAllister, CPP, PHR
  Q: I was laid off from my job of nearly 10 years due to the economy. I was given a 4 week severance ...
  A: They are asking if you received a in lieu of notice payment. If you do not give the employee any ...
black clothing requirement10/27/2009Thomas R. Ballas
  Q: I've worked part-time for a nationwide department store for 5 years. They are now requiring us to ...
  A: Andy: Some states have laws on this issue, but most do not. It seems reasonable to me for the ...
Pay Raise10/27/2009Shirley McAllister, CPP, PHR
  Q: if I have been promoted and with that promotion they gave me a pay raise, and then after trying it ...
  A: Yes they can demote you. In most companies the pay raise is for the added responsibilities of the ...
Timecards10/27/2009Thomas R. Ballas
  Q: I have a manager and 6 employees at a remote site for a US Govt contract. We currently do not use a ...
  A: Tom: It does not matter how you keep employees time, what matters is that you pay them for all time ...
vacation pay in California10/27/2009Shirley McAllister, CPP, PHR
  Q: I own a small pet store. I finally let go of one employee, who has caused me, and all co-workers ...
  A: you should respond to the Department of Labor that you do not have a vacation policy and do not pay ...
suspended10/26/2009Thomas R. Ballas
  Q: I am a Dispatcher working in a non unionized company, reacently I was suspended for 3 days without ...
  A: Mr. Davie: Company policy dictates how discipline is accessed. Usually, employees are given ...
Wage Law10/26/2009Shirley McAllister, CPP, PHR
  Q: If we send an employee to a seminar and they go from home to the seminar do we pay them from the ...
  A: The Law says that travel time is paid for all the time that cuts into their regular scheduled time ...

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Questions by
Active Experts:
Jason BarnetteUmesh ChaudharyShirley McAllister, CPP, PHR
Thomas R. Ballas  

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