| Subject | Date Asked | Expert |
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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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| last minute required schedule changes | 11/5/2009 | Thomas 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. ...
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| Meal period | 11/4/2009 | Thomas 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 ...
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| Salary vs. Hourly Pay | 11/4/2009 | Thomas 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. ...
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| FMLA Required Time Off | 11/4/2009 | Thomas 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 ...
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| hours between shifts to avoid overtime | 11/3/2009 | Shirley 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 ...
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| pay check stubb - Texas Law | 11/3/2009 | Thomas 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 ...
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| reduced hours unemployment benefits | 11/3/2009 | Shirley 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 ...
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| Dr. will not release me to work/Terminated | 11/3/2009 | Thomas 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 ...
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| pay check stubb - Texas Law | 11/3/2009 | Thomas 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. ...
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| Return to work from leave | 10/30/2009 | Thomas 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 ...
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| changing of timecards | 10/29/2009 | Shirley 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 ...
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| California Vacation Payout | 10/29/2009 | Shirley 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 ...
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| FMLA Question | 10/29/2009 | Thomas 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 ...
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| Commission earings and time requirements | 10/29/2009 | Thomas 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 ...
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| human resource comments | 10/29/2009 | Jason 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 ...
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| Timeclock Legality | 10/29/2009 | Shirley 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 ...
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| Unpaid Wages | 10/28/2009 | Shirley 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 ...
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| Unpaid Wages | 10/28/2009 | Shirley 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 ...
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| payroll tax being incorrect. | 10/28/2009 | Shirley 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 ...
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| wongful termination | 10/28/2009 | Thomas 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 ...
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| Pay Days | 10/28/2009 | Shirley 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 ...
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| deductions from vacation pay | 10/28/2009 | Shirley 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 ...
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| Banks holding funds on payroll checks | 10/28/2009 | Shirley 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 ...
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| No Bathrooms Available | 10/28/2009 | Thomas 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: ...
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| paychecks held | 10/28/2009 | Shirley 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 ...
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| Sick leave | 10/28/2009 | Shirley 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 ...
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| boss not paying me hours. | 10/28/2009 | Shirley 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 ...
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| Who inestigates HR managers? | 10/28/2009 | Thomas 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 ...
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| Termination pay not received. | 10/27/2009 | Shirley 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 ...
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| exempt employees | 10/27/2009 | Shirley 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 ...
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| Severance pay vs. wages paid instead of advance notice of layoff | 10/27/2009 | Shirley 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 ...
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| black clothing requirement | 10/27/2009 | Thomas 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 ...
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| Pay Raise | 10/27/2009 | Shirley 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 ...
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| Timecards | 10/27/2009 | Thomas 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 ...
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| vacation pay in California | 10/27/2009 | Shirley 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 ...
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| suspended | 10/26/2009 | Thomas 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 ...
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| Wage Law | 10/26/2009 | Shirley 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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