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About Thomas R. Ballas
(Top Expert on this page)

Expertise
I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements.

Experience
I have 36 years experience in the rail industry, 16 as the lead company negotiator for all Section Six talks.

Education/Credentials
BA in Psychology, PHR and SPHR Certifications.

   

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

SubjectDate AskedExpert

Hourly to Salary switch11/24/2009Shirley McAllister, CPP, PHR
  Q: I recently worked for a company that has salary and hourly employees that have the same job ...
  A: I understand the white collar and blue collar differences. Mostly the professional and executive ...
Wage concerns for tipped employees11/24/2009Shirley McAllister, CPP, PHR
  Q: I am a server in the state of Ohio and make $3.65 an hour. I have worked at my place of employment ...
  A: When you receive your paycheck all the hours that you work must equal out with tips to minimum ...
Wage concerns for tipped employees11/24/2009Shirley McAllister, CPP, PHR
  Q: I am a server in the state of Ohio and make $3.65 an hour. I have worked at my place of employment ...
  A: You should be paid for all the time you work. You should never work cleaning up without being paid ...
mandating11/24/2009Thomas R. Ballas
  Q: when working your original shift, if someone calls out for the next shift, is it mandatory for you ...
  A: Bethany: Absent an employment agreement or union contract that states you do not have to stay, your ...
Hourly to Salary switch11/24/2009Shirley McAllister, CPP, PHR
  Q: I recently worked for a company that has salary and hourly employees that have the same job ...
  A: Anyone can be paid a salary. What makes the difference is if overtime is paid or if it is not paid. ...
hours deducted, paycheck11/23/2009Shirley McAllister, CPP, PHR
  Q: I currently have a huge problem. This is my first time to the sight so I hope my question isn't ...
  A: I will comment on your situation. I am not an attorney, but I can tell you how I see it from an HR ...
Customer service employee rights11/22/2009Thomas R. Ballas
  Q: What are my rights if I have a customer being excessively rude to me over the counter? What if that ...
  A: Leslie: I would seek advice from your Supervisor on company policy regarding how you should react ...
days in a 40hr work week11/21/2009Thomas R. Ballas
  Q: Is it legal in Massachusetts to require someone to spread out a 40hr work week over 7 days so there ...
  A: Mary: Here is a link that says they cannot make you work on a Sunday, depending on what type of ...
Employer refusal11/21/2009Thomas R. Ballas
  Q: What recourse do I have if my employer refuses to investigate a false claim of sexual harassment ...
  A: Michelle: I depends on the details of the alleged incident. If you have been harmed by the ...
Direct Deposit11/20/2009Thomas R. Ballas
  Q: My boss is trying to force everyone to go to direct deposit by Jan 1 2010 or there checks will be ...
  A: Martha: They should be available to the employees on the pay day, which is different than mailing ...
employee taking unpaid vacation11/20/2009Thomas R. Ballas
  Q: I own a business in NYC. We have a policy no vacation days can be taken on Thanksgiving week, ...
  A: Mary: You employ the person, and unless there is a employment contract or union agreement that ...
PTO by the hour?11/20/2009Thomas R. Ballas
  Q: My department recently implemented new policy regarding use of PTO time. In the past, exempt ...
  A: Robert: Yes, it is legal. State and federal statutes do not dictate how a company designs it's ...
vacation accrual miscalculation11/19/2009Thomas R. Ballas
  Q: An associates company has a vacation policy that is you get it all on jan 1 of each year and you ...
  A: Mitch: If the company does not want to allow him to take the vacation next year due to their ...
CA Accrued Vacation11/19/2009Thomas R. Ballas
  Q: As of January 1, 2010, I have 20 days available of paid vacation and 2 paid "discretionary" days. ...
  A: RNZMOM: From the attached web link, it looks to me as though you will be due the 20 days of ...
Unemployment after FMLA Runs Out (Michigan)11/18/2009Thomas R. Ballas
  Q: I have been on intermittent FMLA since February of this year due to anxiety and depression. I have ...
  A: Ryan: Apologies, but Unemployment Comp rules are so varied from State to State, and decisions are ...
Direct Deposit11/18/2009Thomas R. Ballas
  Q: My boss is trying to force everyone to go to direct deposit by Jan 1 2010 or there checks will be ...
  A: Martha: I have searched the MS statutes and see nothing that says the Company is allowed to force ...
Personnel file11/18/2009Thomas R. Ballas
  Q: The state I live in doesn't give employees the right to view or make copies of our personel files - ...
  A: Tricia: Not much you can do if the Company will not allow you to review your file. Many will, ...
Unethical Practice11/17/2009Thomas R. Ballas
  Q: I've worked as a cake decorator for the world's largest retailer for the last five years opening the ...
  A: Rebecca: If you believe your employment has been adversely affected as a result of age, gender, ...
Health Reimbursement Arrangements11/17/2009Thomas R. Ballas
  Q: I need to write an HRA policy for a small not-for-profit company. They have an HRA already in use, ...
  A: Caryl: You can certainly change company policy on sick pay, vacations, etc. You must properly ...
salary employees and time clocks11/17/2009Thomas R. Ballas
  Q: My wife is a state licsened Physicians assistant in California. Is it legal to make an employee ...
  A: Jeffrey: Apologies. I cannot find this subject matter on the CA workforce web site. I do not ...
paychecks bounce11/16/2009Jason Barnette
  Q: I live in TN, but telecommute for a MD private, non-profit. I am a contractor/1099 employee. While ...
  A: Cara: You could sue them here in Tennessee for breach of contract. That would be the simplest ...
Termination - Comission sales territory11/16/2009Thomas R. Ballas
  Q: I work for a home remodeling company that has locations I am tied to as a consultant. I then ...
  A: Richard: If you are an actual employee of the company, I do not think taking you off the list to ...
"can a company tell you that if you do not take a 30 min lunch break that they will deduct it anyway?"11/15/2009Thomas R. Ballas
  Q: NC state laws apply, I was recently asked to sign a document where I understood that if I did not ...
  A: Craig: If you work and the company knows you are working, you must be paid for the work. You can ...
Employee Generated Payroll Advances11/15/2009Thomas R. Ballas
  Q: I own a small business in Illinois and have occasionally allowed my employees to make personal ...
  A: Dave: You cannot withhold the money from the pay without the employees express written permission. ...
Unemployment Appeal11/14/2009Thomas R. Ballas
  Q: I was terminated for misconduct and have been denied unemployment benefits are the state of ...
  A: Eric: Absent any language in the CBA that defines misconduct, it is completely up to Company ...
wage reduction11/14/2009Thomas R. Ballas
  Q: I live in Kansas. I work for a collection agency. New policies are being put into place in our ...
  A: Alana: How a company determines wages is up to the company. State and federal governments do not ...
laid off salaried employee questions - final paycheck11/13/2009Thomas R. Ballas
  Q: How should the final paycheck be calculated for a salaried employee if they are laid off during the ...
  A: Jeremiah: Your company no doubt has a past practice of how they handle such issues, as I am sure it ...
Employment Background Checks after being fired11/12/2009Thomas R. Ballas
  Q: Today, I went on a 2nd interview with a company that seems interested in me and is considering me ...
  A: cre8iv1: I would show everything on my work history on the application, if you get that far. Under ...
Unpaid familiarization, and miminum wage.11/12/2009Thomas R. Ballas
  Q: I am a trainman, required by the Railway company to perform required familiarization. They say that ...
  A: Mr. Weber: Without seeing the agreement it is impossible for me to say for sure, but my guess is ...
Paying employees "late."11/12/2009Thomas R. Ballas
  Q: Payday is on Wednesday per the employee handbook. When first hired I was told that I must sign up ...
  A: Angelia: In WV, you must agree to direct deposit. It cannot be forced on you. Here is the link to ...
MA Exempt Overnight / travel11/11/2009Thomas R. Ballas
  Q: This question is for my husband. He works for a utility company that pays OT to exempt employees at ...
  A: Kristen: Absent an employment agreement or union agreement, I do not think there is much that can ...
vacation pay11/11/2009Thomas R. Ballas
  Q: I work in a warehouse in California and they have changed our vacation policy. We were able to carry ...
  A: Steve: I believe it is legal, since they have given you plenty of notice to use all excess ...
Laid Off11/11/2009Thomas R. Ballas
  Q: I was recently hired for a job on july 27 2009 and got laidoff on october 15 2009 I work for them 2 ...
  A: Richardo: I cannot say for sure without seeing the agreement, but my guess is they are required to ...
uniforms11/10/2009Thomas R. Ballas
  Q: I work as a waitress in new york and the company has just changed our uniforms to a button down ...
  A: Nicole: From the link attached: http://www.labor.ny.gov/workerprotection/laborstandards/faq.shtm#1 ...
Plant Shutdown = LWOP?11/10/2009Thomas R. Ballas
  Q: Our company announced that we are having a plant shutdown and has informed employees that either ...
  A: S: Here is the link. Fact sheet No 17G, paragraph 6 says exempt employees do not have to be paid ...
Being lid off11/8/2009Thomas R. Ballas
  Q: On November 6 2009 we were given notice that in 30 days we will be shutting down. My company is in ...
  A: Myneta: It is impossible for me to say without seeing the Union agreement, but I suspect since the ...
WAGE AND HOURS AND COMPENSATION WHEN TRAVELING11/7/2009Thomas 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: If exempt, I do not think she gets paid. If hourly, there may be a union agreement that ...
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 ...

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Questions by
Active Experts:
Jason BarnetteShirley McAllister, CPP, PHRThomas R. Ballas
   

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