| Subject | Date Asked | Expert |
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| Hourly to Salary switch | 11/24/2009 | Shirley 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 ...
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| Wage concerns for tipped employees | 11/24/2009 | Shirley 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 ...
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| Wage concerns for tipped employees | 11/24/2009 | Shirley 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 ...
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| mandating | 11/24/2009 | Thomas 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 ...
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| Hourly to Salary switch | 11/24/2009 | Shirley 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. ...
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| hours deducted, paycheck | 11/23/2009 | Shirley 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 ...
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| Customer service employee rights | 11/22/2009 | Thomas 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 ...
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| days in a 40hr work week | 11/21/2009 | Thomas 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 ...
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| Employer refusal | 11/21/2009 | Thomas 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 ...
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| Direct Deposit | 11/20/2009 | Thomas 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 ...
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| employee taking unpaid vacation | 11/20/2009 | Thomas 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 ...
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| PTO by the hour? | 11/20/2009 | Thomas 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 ...
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| vacation accrual miscalculation | 11/19/2009 | Thomas 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 ...
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| CA Accrued Vacation | 11/19/2009 | Thomas 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 ...
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| Unemployment after FMLA Runs Out (Michigan) | 11/18/2009 | Thomas 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 ...
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| Direct Deposit | 11/18/2009 | Thomas 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 ...
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| Personnel file | 11/18/2009 | Thomas 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, ...
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| Unethical Practice | 11/17/2009 | Thomas 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, ...
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| Health Reimbursement Arrangements | 11/17/2009 | Thomas 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 ...
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| salary employees and time clocks | 11/17/2009 | Thomas 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 ...
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| paychecks bounce | 11/16/2009 | Jason 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 ...
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| Termination - Comission sales territory | 11/16/2009 | Thomas 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 ...
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| "can a company tell you that if you do not take a 30 min lunch break that they will deduct it anyway?" | 11/15/2009 | Thomas 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 ...
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| Employee Generated Payroll Advances | 11/15/2009 | Thomas 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. ...
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| Unemployment Appeal | 11/14/2009 | Thomas 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 ...
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| wage reduction | 11/14/2009 | Thomas 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 ...
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| laid off salaried employee questions - final paycheck | 11/13/2009 | Thomas 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 ...
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| Employment Background Checks after being fired | 11/12/2009 | Thomas 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 ...
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| Unpaid familiarization, and miminum wage. | 11/12/2009 | Thomas 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 ...
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| Paying employees "late." | 11/12/2009 | Thomas 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 ...
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| MA Exempt Overnight / travel | 11/11/2009 | Thomas 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 ...
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| vacation pay | 11/11/2009 | Thomas 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 ...
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| Laid Off | 11/11/2009 | Thomas 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 ...
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| uniforms | 11/10/2009 | Thomas 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 ...
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| Plant Shutdown = LWOP? | 11/10/2009 | Thomas 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 ...
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| Being lid off | 11/8/2009 | Thomas 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 ...
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| WAGE AND HOURS AND COMPENSATION WHEN TRAVELING | 11/7/2009 | Thomas 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 ...
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| WAGE AND HOURS AND COMPENSATION WHEN TRAVELING | 11/6/2009 | Thomas 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 ...
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| Salaried Exempt Overtime and Holiday Pay | 11/6/2009 | Thomas 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 ...
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| recieveing severance & 60 days payroll | 11/5/2009 | Thomas 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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