AboutShirley McAllister, CPP, PHR 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
Question As with many, my employer is cutting back hours. I am scheduled for a 5hr 45min workday rather than 6hr so I don't get a lunch break. This was my suggestion. However, on occasion, it has been necessary to work 10-15 min over that 5hr 45min to finish with a customer. I try not to have to do this, but on occasion it can not be helped. My employer now says she has to dock me 30min. for those days and start scheduling me for 5hr 30min IN CASE I need to stay over a few minutes at the end of my shift. This does not seem correct since I have worked the whole day with exception of a 10 min (no longer 15min) break. Does the law allow for any flexibilty here? Thanks for your time!
Answer If you work 6 hours than you are paid for 6 hours. If lunch breaks are worked and not taken they must be paid to the employee.
The employer may schedule you for whatever time he or she wishes. If the employer schedules you for 5 1/2 hours than that is your schedule, they have the right to set the schedule.
If your hours are cut back too far than you will be eligible to work and still draw unemployment. In our state it hits that mark at about 16 hours for most people.
