| Subject | Date Asked |
|
| days in a 40hr work week | 11/21/2009 |
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 refusal | 11/21/2009 |
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 Deposit | 11/20/2009 |
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 vacation | 11/20/2009 |
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? | 11/20/2009 |
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 miscalculation | 11/19/2009 |
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 Vacation | 11/19/2009 |
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) | 11/18/2009 |
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 Deposit | 11/18/2009 |
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 file | 11/18/2009 |
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 Practice | 11/17/2009 |
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 Arrangements | 11/17/2009 |
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 clocks | 11/17/2009 |
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 ...
|
| Termination - Comission sales territory | 11/16/2009 |
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?" | 11/15/2009 |
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 Advances | 11/15/2009 |
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 Appeal | 11/14/2009 |
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 reduction | 11/14/2009 |
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 paycheck | 11/13/2009 |
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 fired | 11/12/2009 |
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. | 11/12/2009 |
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." | 11/12/2009 |
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 / travel | 11/11/2009 |
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 pay | 11/11/2009 |
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 Off | 11/11/2009 |
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 ...
|
| uniforms | 11/10/2009 |
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? | 11/10/2009 |
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 off | 11/8/2009 |
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 TRAVELING | 11/7/2009 |
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 TRAVELING | 11/6/2009 |
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 Pay | 11/6/2009 |
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 payroll | 11/5/2009 |
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 changes | 11/5/2009 |
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 period | 11/4/2009 |
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 Pay | 11/4/2009 |
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 Off | 11/4/2009 |
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 ...
|
| pay check stubb - Texas Law | 11/3/2009 |
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 ...
|
| Dr. will not release me to work/Terminated | 11/3/2009 |
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 Law | 11/3/2009 |
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 leave | 10/30/2009 |
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 ...
|
| FMLA Question | 10/29/2009 |
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 requirements | 10/29/2009 |
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 ...
|
| wongful termination | 10/28/2009 |
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 ...
|
| No Bathrooms Available | 10/28/2009 |
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: ...
|
| Who inestigates HR managers? | 10/28/2009 |
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 ...
|
| black clothing requirement | 10/27/2009 |
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 ...
|
| Timecards | 10/27/2009 |
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 ...
|
| suspended | 10/26/2009 |
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 ...
|
| payroll | 10/25/2009 |
Q: Can an employer hold payroll a day longer when your supposed to be paid on the 15th?
A: Ms. Shaw: Most states have laws that say employers must at a certain frequency rate. Most ...
|
| criminal background check info. | 10/24/2009 |
Q: I worked for a department store in Queens,New York. The store operated from the hours of 10:30 to ...
A: Bryant: You can request your former employer share the results of the background check performed ...
|
| HR-Return from Unpaid leave | 10/23/2009 |
Q: Do I have to allow an employee to come back to work from a unpaid leave? My employee has been out on ...
A: Wendy: Many companies will not grant personal unpaid leave at all unless it is FMLA, many time ...
|
| truck driver salary vs hourly | 10/23/2009 |
Q: Can my employer pay me on a daily basis only no matter how many hours I work in a day or how many ...
A: Tyler: IF a position is exempt from overtime laws, it must meet certain criteria. Typically the ...
|
| Personal days | 10/23/2009 |
Q: I'm an hourly employee and I work for a company in which it is mandatory to work fifty hours a week. ...
A: Raette: Absent an employment agreement that says they cannot do this, they can. Paid time off is ...
|
| Pension | 10/22/2009 |
Q: I was laid off from my employer in March 2008 and since I am old enough to draw my pension I chose ...
A: Sharon: No way for me to know, as it is determined by the terms of the pension plan. As for the ...
|
| Time clock rules | 10/21/2009 |
Q: Is the employer required to provide a clock at a badge station so the employee knows when to enter ...
A: Roger: State and federal governnments do not dictate how an employer keeps track of employees time. ...
|
| Cobra | 10/20/2009 |
Q: I was laid off in June and have the COBRA benefits set up. Now the employer has hired a management ...
A: Les: Typically, when a business is taken over by another company, the incoming company must assume ...
|
| Laws on tip out | 10/19/2009 |
Q: I have been in the restuarant business off and on for 30 yrs. I have been employed at this ...
A: Denise: Tipping out is one of the most debated issues out there, mainly because the Dept of Labor ...
|
| labor law | 10/19/2009 |
Q: Can my employer continue to take money out of my pay check for child support, but not send that ...
A: Pete: I presume that a court order is involved that mandated you send the court money. If so, you ...
|
| Position "Eliminated" | 10/19/2009 |
Q: My Position is being eliminated after 14 Years. My Points are at 15 Yrs I would be eligible for 4 ...
A: Shelley: In today's economy, many companies are eliminating positions, so it is hard to say if one ...
|
| age discrimination and bullying | 10/18/2009 |
Q: In Jan this year our company was slow due to recession. My boss sent me and two coworkers an e-mail, ...
A: Sharon: I cannot think of anything. I do not see any laws they are breaking unless it is a ...
|
| My husband got fired | 10/17/2009 |
Q: My husband got fired for the cops being called on him after hours. The letter he got when he was ...
A: Cindy: Nothing you can do in Utah. From the Utah web site: I was fired unfairly. What can I do ...
|
| age discrimination and bullying | 10/17/2009 |
Q: In Jan this year our company was slow due to recession. My boss sent me and two coworkers an e-mail, ...
A: Sharon: Discrimination on the basis of age, gender, religion, ethnic background, and race is ...
|
| Call in policy for sick time | 10/16/2009 |
Q: The company I work for has begun stating that they will "not accept your call in" when employees ...
A: Liz: If you are ill and call in and tell the employer you cannot come in then you have properly ...
|
| unpaid mandatory meettings | 10/15/2009 |
Q: I worked for a department store in Queens,New York. The store operated from the hours of 10:30 to ...
A: Bryant: From what you have described, it sounds as though you are due at least minimum wage for the ...
|
| Nepotism and Unfair Practices | 10/14/2009 |
Q: I work for a very small company in Alaska, only about 5 employees. One of the employees is the son ...
A: Rachel: Not much you can do, as no laws are broken when a small business owner mis-manages his ...
|
| Vacation under New Ownership | 10/14/2009 |
Q: If the company I work for is sold to a new owner, can the new owner refuse to honor the vacation ...
A: Joan: Many variables involved here. In part, it depends on what state you work in. Also, did the ...
|
| Contractors & Maternity leave | 10/14/2009 |
Q: I am currently a contract employee in the State of GA and am pregnant. I asked my contract firm to ...
A: Ms. McKenna: Unemployment laws differ from state to state. There are many variables in the state of ...
|
| FMLA | 10/13/2009 |
Q: I HAVE A SERIOUS BLOOD DISEASE FOR WHICH I HAVE FMLA. MY DAUGHTER WAS IN A CAR ACCIDENT 7/12/09 AND ...
A: Sheila: You are allowed 12 weeks per year, for various reasons. You do not get 12 weeks for each ...
|
| Contractors & Maternity leave | 10/13/2009 |
Q: I am currently a contract employee in the State of GA and am pregnant. I asked my contract firm to ...
A: Ms McKenna: Help me understand. If you are a W-2 employee then you are actually an employee for a ...
|
| Voluneerin at place of employment | 10/13/2009 |
Q: If you are considering taking a position with an organization that you have been volunteering for, ...
A: Leonard: Typically organizations who employ you do not allow you to volunteer. When you become an ...
|
| mandatory training/certifications | 10/13/2009 |
Q: Thomas, I'm classified as a part time hourly employee for a private University located in Colorado. ...
A: Ken: I do not believe it to be illegal. Absent an employment or union agreement, my guess is you ...
|
| Doctors Notes | 10/10/2009 |
Q: I was recently hired to work at a restaurant in a hotel as a waitress. It is a union position. I ...
A: Alison: It sounds to me as though they want a note from your Doctor that states you are physically ...
|
| unfair demotion | 10/10/2009 |
Q: I have been with my company for five years. During that time I have put myself in position for ...
A: Jeremy: It does not sound fair, but many times business decisions are not based on fairness, rather ...
|
| FMLA | 10/9/2009 |
Q: Have been on FMLA since July due to anxiety related to job stress. I work for a social service ...
A: Cece: If your FMLA has expired and your employer does not have any other leave available to you, ...
|
| minimum wage law | 10/8/2009 |
Q: My son is 17 years old he just started his first job and recieved his first pay check yesterday.I ...
A: Tracy: You should file a wage claim with your state government. If you go online to your state's ...
|
| Not being Paid for the work I do | 10/7/2009 |
Q: I am severely ticked off!!! I accepted an acting position which I thought was going to be temporary. ...
A: Arelis: If your contract says you can only stay on a temporary, "acting" position for so long, and ...
|
| Drug Testing harassment | 10/4/2009 |
Q: Recently I have become involved with an investigation at work with someone my company hired in who ...
A: Zack: If your company has a "Drug Free Workplace" policy, and many do, then you likely signed an ...
|
| paid meetings | 10/4/2009 |
Q: Is an employer required to pay an employee for a mandatory meeting if the meeting is conducted ...
A: Lisa: Most states do not address this issue. On the Federal level, the DOL says: Q: Do employees ...
|
| Independent Contractor-Hair Salon | 10/3/2009 |
Q: I have worked in a hair salon for 8yrs in Texas where we are considered independent contractors and ...
A: Jennifer: You may have a case to claim you are an actual employee. Here is a link to help you ...
|
| Cut Hours | 10/2/2009 |
Q: I have been told by several people that in Missouri, if you are considered a full time employee, ...
A: Chris: State and local governments do not dictate to companies how many hours they must allow an ...
|
| Part Time Hours. | 10/1/2009 |
Q: I work in Law Enforcement in Iowa, and I am classified as a Part Time Employee. What is the maximum ...
A: Steve: I see nothing on the subject in Iowa. I believe it is therefore up to each Company to ...
|
| contract says annually but boss says otherwise | 9/30/2009 |
Q: My contract states that I will be compensated a base annual salary of $$$$. Salary paid bi-weekly ...
A: Valerie: If you have a contract that says you will be paid xxx, and you do not receive that amount, ...
|
| ISO required review and retro pay | 9/30/2009 |
Q: My husband's employer was required by ISO to preform annual reviews. His review was supposed to be ...
A: Ms. Lister: I do not know what ISO is, but unless your husband is party to an employment agreement ...
|
| Vacation pay when terminated, | 9/29/2009 |
Q: when I was hired one year ago as fulltime employee, I was told that I would get 1 week vacation ...
A: Cheryl: You can certainly file the claim and hope for the best. Usually, full time is considered ...
|
| Husband was fired -accused of stealing!! | 9/28/2009 |
Q: My husband has been with his company 3 days shy of a year. he had to stay out of work with me last ...
A: Heather: I suspect he will have his claim for unemployment declined, as the company records will ...
|
| Termination after resignation letter submitted | 9/28/2009 |
Q: I submitted a letter of resignation to the post office branch I was working at due to disapproval of ...
A: Karyn: It is legal, unless you were covered by a collective bargaining agreement or an employment ...
|
| MA Overtime Law | 9/28/2009 |
Q: I worked for an employer (as an inside sales rep / customer service agent)for about 7 months at a ...
A: Jake: If the position is exempt, no overtime is due. If non exempt, then overtime is due, by way ...
|
| Vacation | 9/26/2009 |
Q: I currently work as a Security Officer. The company I was working for lost the contract to provide ...
A: Ryan: Yes, this is legal. You no longer work for your original company. You now work for the ...
|
| MA Overtime Law | 9/25/2009 |
Q: I worked for an employer (as an inside sales rep / customer service agent)for about 7 months at a ...
A: Jake: The position duties drive if the position is exempt or not. Here is a link that will help ...
|
| sick leave policy | 9/25/2009 |
Q: I have a question about my employers sick leave policy, They have a point system policy but are ...
A: Vonda: Sick leave policy is established by the Company. Such policies are not legislated by state ...
|
| working in a salon | 9/24/2009 |
Q: Is a hired stylist allowed to work in more than one salon at a time... currently working 2 days a ...
A: Mary: If you are an employee for one salon, part or full time, and wish to work at another salon, ...
|
| Pregnant and not yet employed 12 months | 9/24/2009 |
Q: I started for my current company on July 29th. I found out on August 25th that I am pregnant. ...
A: Michelle: If you are not eligible for FMLA, then they do not have to grant you FMLA. They may ...
|
| time off | 9/23/2009 |
Q: i work in Florida and were i work i am the only employee my employer won't pay for a front desk or ...
A: Julie: The hours you work are assigned by the employer. You can agree to work them or not, your ...
|
| Emotional Distress | 9/22/2009 |
Q: Can one sue for emotional distress at the workplace? I am also wondering if I can sue my company for ...
A: Jessica: It depends on why you suffer from the emotional distress. If because of illegal ...
|
| my boss | 9/22/2009 |
Q: can my boss fire me for brining my own lunch into work as opposed to eating the food prepared there?
A: Lexi: Absent an employment contract or a union contract, most employment is considered "at will", ...
|
| Flu Shots Provided for some employees, not others | 9/22/2009 |
Q: I work for a company as a remote employee. I received an email that all employees at our three ...
A: Bob: The logic does not sound fair or well thought out to me, but there is no law that says they ...
|
| Intimidation | 9/21/2009 |
Q: I am fifty plus years old and received my first "First Written Warning Memo". There were no specific ...
A: FJ: I would ask for a meeting with my supervisor and a member from HR. In the meeting I would ...
|
| travel time in company car | 9/21/2009 |
Q: I work for a disaster restoration company which I am on call 24/7 and do NOT get paid for it. I ...
A: Kirk: Impossible for me to say without knowing your company's policy on the matter. Many times ...
|
| Payment | 9/20/2009 |
Q: I worked for a radio company that paid only commissions and only after the schedule aired. That ...
A: Carla: I would write someone in Corporate and plead my case. That said, without formal ...
|
| vacation pay | 9/20/2009 |
Q: I am an hourly employee in a restaurant. Our franchise owns 3 stores. The policy was that you must ...
A: Linda: Vacation is not typically governed by state and federal laws, as employers are not obligated ...
|
| FMLA and Leave for Birth of a Child | 9/18/2009 |
Q: My husband requested an initial week off (continuous leave), to be followed by a reduced schedule ...
A: Amanda: Intermittant FMLA for the birth of a child may be granted, but is subject to the employer's ...
|
| Payment | 9/18/2009 |
Q: I worked for a radio company that paid only commissions and only after the schedule aired. That ...
A: Carla: It sounds like a huge mess to me, and is a lesson that all such arrangements need to be ...
|
| Forced FMLA | 9/17/2009 |
Q: Ballas, Do I have to request FMLA for an injury? Can I be fired for refusing to fill out an FMLA ...
A: Frank: The employer does not need your permission to put you on FMLA. You should fill out the ...
|
| Employment Law - hair salon commission vs.hourly wage | 9/17/2009 |
Q: I work in a salon in Ky. We are paid commission but if we can't make commission we are given minim ...
A: Miranda: The law says you must be paid minimum wage if your commission does not equal at least that ...
|
| Calif. labor Law on employees disclosing health condition | 9/16/2009 |
Q: I am an employer in California. One of my employees had a seizure after hours at our facility. We ...
A: Giuliana: It depends on the position the employee holds or may be required to work. Obviously, ...
|
| Direct Deposit of Paycheck | 9/16/2009 |
Q: My NJEA unit made a contract agreement for the staff to receive their paychecks by direct deposit. I ...
A: Sarah: Some states allow mandatory direct deposit, if the employer wishes. Most states require the ...
|
| Time clock | 9/16/2009 |
Q: My job recently went from a flex schedule to one with a time clock. I am scheduled for 8:30-5, with ...
A: Amanda: The laws do not directly address how a company keeps the time of its employees. It does ...
|
| Discrimination | 9/16/2009 |
Q: I currently work in a Distribution Center as a laborer for the Rite Aid Drug Store Chain in New York ...
A: Mr. Davis: Yes, this is allowed and is not illegal. Many companies do this, for a variety of ...
|
| Consecutive hours worked | 9/15/2009 |
Q: At my previous job during inventory I had to work 22 consecutive hours. Is this legal? The state ...
A: Alan: From the state of Indiana web site: The State of Indiana has no breaks or lunch laws ...
|
| Mandatory Meetings | 9/15/2009 |
Q: I am a massage therapist. Because of the hours we are open my employer holds mandatory staff ...
A: Cathryn Some states have laws that say yes, most do not. You can go to your state's web site and ...
|
| TEMP EMPLOYEE BENEFITS | 9/14/2009 |
Q: I am employed at a temporary agency called Intermountain resources since 4/2008 and I called them ...
A: Ms Wall: I do not think you have much to go on. Vacation, holiday pay, etc is not governed by ...
|
| Check witholding/work fines | 9/14/2009 |
Q: My 18 year old sister is working at a gas station for her college job. They are required to write ...
A: Jenny: If they are withholding her pay beyond the normal payday account the drive off, then no, ...
|
| Severence/Vacation | 9/14/2009 |
Q: After only 55 days of employment in Illinois, I was let go from my job. The company said I did ...
A: Yvonne: They are giving you severance that exceeds your accrued vacation. They do not have to give ...
|
| W2 VS. 1099 | 9/13/2009 |
Q: I HAVE BEEN A W2 EMPLOYEE AT A HAIR SALON FOR 18 YEARS. NOW THE SALON OWNER WANTS TO CHANGE ALL THE ...
A: Betty: She is the owner. Since it is her shop, she decides if she wants employees or contractors. ...
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| W2 VS. 1099 | 9/13/2009 |
Q: I HAVE BEEN A W2 EMPLOYEE AT A HAIR SALON FOR 18 YEARS. NOW THE SALON OWNER WANTS TO CHANGE ALL THE ...
A: Betty: Certainly you can say no, but you must be prepared for her to dismiss you. It is the option ...
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| TimeClock/Wages | 9/6/2009 |
Q: I work at a private preschool in Northern CA. My employer has the time clock set at 7 minutes faster ...
A: Jaxmine: Your employer has installed a set of rules for the employees. Nothing illegal about that. ...
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| Labor law concerns | 9/5/2009 |
Q: My questions are very simple. My 16-year old daughter has been hired for her first job in the state ...
A: Kim: Here is a link to a cite that answers your questions. If she is age 16, no restrictions on ...
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| FMLA - Eligibility | 9/4/2009 |
Q: I have 4 years of prior federal government service; left my last government job 5 years ago (in ...
A: Erika: Sorry, I do not think you are eligible. Here is the language of the criteria. Employees ...
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| Employee termination in Tx | 9/4/2009 |
Q: I was terminated from my employment today...after threatening to file charges with the EEOC for age ...
A: Cathy: Here is the language of the law: Sec. 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. ...
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| Minor Wages | 9/3/2009 |
Q: My 17 year old works for a fast food company, she recently worked 3 hours but was unable to clock in ...
A: Jen: You should certainly call if she is owed wages,and they are in violation of state and federal ...
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| Payroll Deduction | 9/3/2009 |
Q: Recently a field supervisor allowed an employee to work overtime which was not authorized. The ...
A: Christine: As long as an employer authorizes such deduction, it is legal. Typically a company will ...
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| Termination | 9/3/2009 |
Q: My Daughter had to have her tonsils out and gave her work a doctors note that she would be out for 2 ...
A: Wendy: Since she has been employed less than one year, she is not eligible for FMLA. With no FMLA ...
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| salary vs hourly | 9/2/2009 |
Q: I am a salaried manager in a retail store. We had been required to work a schedule of 45 hours. Of ...
A: Natalie: Typically a position is either exempt or non-exempt from overtime laws. Most retail store ...
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| Business Loss | 9/2/2009 |
Q: My huband is a manager in a Pennsylvania car dealership. He is paid strickly commissions. ...
A: Lynn: If your husband does not agree to have the dealer withhold the money from his check, then the ...
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| Change of Schedule after being Posted | 9/2/2009 |
Q: My question is can an employer change the schedule after it has been posted without notifying the ...
A: Robert: There is no law that addresses employers schedule and or how often they change them. ...
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| medical issues with work | 9/2/2009 |
Q: I'm a shift mgr. at a restaurant, in April I was diagnosed with Hep.C and NAFLD, another liver ...
A: Brandy: Your company is probably covered by the Family Medical and Leave Act, (FMLA). If so, and ...
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| Wrongful termination | 9/1/2009 |
Q: We are a small company with less than 30 employees, so we are not required to offer FMLA. We have ...
A: Romana: Absent FMLA, it is legal to discharge an employee who cannot protect the service, even if ...
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| Cut in pay with no notice | 9/1/2009 |
Q: Can a company in Arizona decrease your wage if demoted? Can your employer lower your wage without ...
A: Tiedra: Your employer must notice you if they lower your pay, then from that point on they can pay ...
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| New to exempt employment | 9/1/2009 |
Q: I was recently hired by a small company of less than 50 employees in New York state. I was hired as ...
A: Chris: Impossible for us to know these answers without your questioning either the Supervision or ...
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| Hourly pay for working after hours | 9/1/2009 |
Q: My employer wants my co-workers and me to attend their new office open house after our regular ...
A: Victoria: Certainly sounds as though you should be paid as it is required you be there and it ...
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| past due money | 8/26/2009 |
Q: According to my job descripton, I was hired as a GS-04 (not a 01/04, when I received my SF-50 and my ...
A: Patricia: I do not know what the designations are for sure, but it sounds like a government ...
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| labor laws | 8/26/2009 |
Q: I lost my job and can't get my paycheck they told me they mailed it but still have not recived it ...
A: Shelly I do not know Canadian laws on the subject, but here in the US, I would tell you to go to ...
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| Non payment from an employer. | 8/26/2009 |
Q: I have been sent to homes to teach privately to 10 homes at least for months and have accumulated a ...
A: Manny: You just go down and file your claim, and be ready to present your case yourself. It is ...
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| Lunch Breaks | 8/25/2009 |
Q: I work for a company in West Virginia, witch affords me time to eat a meal during my work shift. My ...
A: Jason: Here is the law: “During the course of a workday of six or more hours, all employers shall ...
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| salary position | 8/25/2009 |
Q: i work for mcdonalds as a 1st assistant. the job requires 45 hours a week. anything over is suppose ...
A: Noah: Sounds to me as though the position is subject to overtime laws, and you should be paid for ...
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| My Termination... | 8/24/2009 |
Q: I am a city employee that was recently let go from my job for alledgedly falsifying my time sheet. I ...
A: Carlo: Sounds as though you were treated differently than the others regarding the return from ...
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| Pregnancy | 8/24/2009 |
Q: My 18 year old daughter is pregnant. I am her primary care provider. She suffers from depression. I ...
A: Jessica: Yes, what you describe could qualify for FMLA, provided your daughter's Doctor fills out ...
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| my hour lunch? | 8/24/2009 |
Q: my question is if its ok to be asked to get a 2 hour lunch just so i stay till the end but not pay ...
A: Lelsie: Let me see if I understand the question. You are being given a 2 hour lunch period, ...
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| privacy after leaving a company | 8/23/2009 |
Q: I recently left the company I was working for on good terms. I did not enjoy working every weekend ...
A: EK: He should not be doing this. That said, there is no federal law on the subject. I would ...
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| forced personal leave | 8/23/2009 |
Q: i was having problems with medacations and with doctors note called in work a few days. when i went ...
A: Justin: First, I would inform the unemployment office that you were given the choice to be ...
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| labor laws | 8/22/2009 |
Q: I have work for a company for 4 years in the service industry.I drive a company vehicle and dispatch ...
A: Frank: Here is the law in PA. What is the Law Regarding Breaks and Meal Periods? Pennsylvania ...
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| car dealershipm paycheck | 8/22/2009 |
Q: My husband works for an auto dealership. He has worked in the industry for 20 years. My husband is ...
A: Lori: OK, your husband is the Manager and he works on bonus system that is percentage of sales ...
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| FMLA / Bereavement Leave | 8/21/2009 |
Q: Within the last several months I have taken a total of seven weeks time away from work as covered by ...
A: Chad: I think you have a good understanding of FMLA. If you notified the Company that you are ...
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| time tracking | 8/21/2009 |
Q: As a federal employee, I sign a time sheet when I arrive at work. I also have to scan to get into my ...
A: Joe: I presume the boss can access the scan in the building record, but do not know that he can. ...
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| Overpayiment | 8/21/2009 |
Q: Nov.1,04 through Feb. 3,05 I was injured on duty. I'm a Rail Instructor and we are entitled to full ...
A: Marnita: If you were injured on the job, the Company always has the right to continue to pay you ...
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| ADA | 8/20/2009 |
Q: I have been employed with a company for a year and a half and then suffered from an aneurysm in ...
A: Cara: The ADA protects employees and prospective employees with disabilities. It is summed up as ...
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| Do I have an employment discrimination case? | 8/20/2009 |
Q: I worked for a company for almost 4 yrs and have been rehired once before. I've developed a very ...
A: Stephanie: It is unlawful to discriminate against an applicant for a position on the basis of their ...
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| massage therapist / commission and hours worked | 8/19/2009 |
Q: My question is similar to one already asked. I am a massage therapist in a salon. 100% commission in ...
A: Heather: The answer is yes. Here is the language of the law in Colorado from this web site: ...
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| company be sued for favortisim | 8/19/2009 |
Q: I work for a company that is considering me for a promotion however they are afraid to give it to me ...
A: Nicole: Such policy is up to the company, and is completely legal. Certainly they can change the ...
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| people trying to black ball you from your work environment | 8/18/2009 |
Q: Ok my question is say when someone gives an opinion about your work performance and it does not ...
A: Alex: If it is the Supervisor giving you a performance appraisal, and that is part of his duties, ...
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| Reporting False Information | 8/18/2009 |
Q: Is it illegal for your employer to report false work hours and days worked when the employee is off ...
A: Michael: It depends on where the employer reports the false information. If they internally report ...
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| paycheck stubs/fining commissioned employees | 8/18/2009 |
Q: My son works for a telemarketer buying/selling time shares. He works on commission. His employer ...
A: Mayilin: My guess is he is a contractor. They should still give him enough information for him to ...
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| paycheck stubs/fining commissioned employees | 8/17/2009 |
Q: My son works for a telemarketer buying/selling time shares. He works on commission. His employer ...
A: Marilyn: Most states have laws that require employees are provided payroll information. Go to your ...
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| Commission Only | 8/17/2009 |
Q: I work for a company that is commission only. We get charged back if it is not collected in 90 days ...
A: Carla; If you signed a permission slip that allowed them to charge back monies paid account the 90 ...
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| Is this legal | 8/16/2009 |
Q: I work in a salon as a booth renter and they have two employees. They have put a new rule ...
A: Jessica: I do not think it is illegal. The shop belongs to the owner. You rent from the owner, ...
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| The Law | 8/14/2009 |
Q: What are the requirments by law whan an employee resigns from our company?
A: Jessica: If you are asking if the law governs how an employee resigns, it does not. Typically ...
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| employment law | 8/14/2009 |
Q: My friends mother has been diagnosed with breast cancer. She has used all of her sick time and ...
A: Jason: If the company involved is covered by FMLA, and if the lady qualifies for FMLA, the thing to ...
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| Hourly Management | 8/14/2009 |
Q: As an hourly manager, am I required to be on call on the weekends for any call offs in my ...
A: Charlene: That is up to the Company. If they are saying you must do this as part of your job ...
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| ADA denial and termination | 8/13/2009 |
Q: I was on paid sick leave (PSL) with my employer until my PSL ran out. I ran out of PSL before ...
A: Kathy: Paid sick leave is a benefit given employees by the companies, and is not required or ...
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| Riffed, job filled immediately, discrimination | 8/12/2009 |
Q: In March, I received my lay off notice due to a reduction in force with 30 days before my ...
A: Anne: I presume all these positions were Staff, monthly rated positions, not subject to any sort of ...
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| Mandatory Furlough Day But Worked Saturday | 8/12/2009 |
Q: my company located in California requires our hourly workers to take mandatory furlough day, every ...
A: Kristin: If this is just a one time thing, no problem, you can pay straight time, if they have not ...
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| Overpayiment | 8/12/2009 |
Q: Nov.1,04 through Feb. 3,05 I was injured on duty. I'm a Rail Instructor and we are entitled to full ...
A: Marnita: Did you work for a railroad? If so, workman's comp does not apply to rail carriers. They ...
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| time card and pay check | 8/11/2009 |
Q: I am in the State of California I have an employee that turns in time cards, the pay period ended on ...
A: Genny: I would hold him responsible for failing to turn in his time, as instructed. He he ...
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| Outside company training without pay | 8/11/2009 |
Q: I work in the state of Michigan as a front desk clerk for a hotel. My employer wants to send me to ...
A: Kate: From the Michigan web site, here is the question and answer. Does my employer have to pay me ...
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| unpaid salaries | 8/11/2009 |
Q: There are 6 of us who are working for a Miami-based company online. We are based in Europe and we ...
A: LadyJedi: Go to this link. It has several phone numbers you can call to get help from the State ...
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| bounced paycheck, withholding final paycheck and libel defamation | 8/10/2009 |
Q: My employer's paycheck bounced causing overdraft fees. I quit this job and now employer is ...
A: Jackie: You should file a wage claim against the employer for the bounced check amount, plus any ...
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| unfair demotion | 8/8/2009 |
Q: i was hired with my company as an assistant manager which makes a guarantee salary of 425 a week. ...
A: Amber: Unfortunately, the answer is yes. Unless you have a written, binding contract, you are an ...
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| Chargebacks to commission | 8/7/2009 |
Q: I work on 100% commission, paid on billing. I must collect on all invoices by 90 days or I am ...
A: Cynthia: If during any of these time periods you pay falls below minimum wage for the number of ...
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| hr/salaried question | 8/7/2009 |
Q: Our employee is an Iraq War Vet and has PTSD. He has been with our company for 7 months. He is ...
A: Vicki: You do not have to pay him if he is not working. Since he has been with your company for ...
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| Salary employee's | 8/6/2009 |
Q: If you are a salary employee which I am. Do they have to pay me my 40 hours? I had to miss work ...
A: Robert: Even if you are on salary, the company does not have to pay you if you do not work. Most ...
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| payroll deduction | 8/6/2009 |
Q: Can an employer deduct money from paycheck for insurance and then not pay to insurance company which ...
A: Bradley: The answer is dependent on the health care plan, and if it covered under ERISA, a ...
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| Damages | 8/6/2009 |
Q: I'm having a problem with my employer regarding a damage claim.He tells me he wants me to be ...
A: Bill: From the NY State web site, here is the answer to your first question. Q: What deductions ...
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| resignation | 8/6/2009 |
Q: I am a physician, I 've worked for this practice for 4yrs, while on maternity leave I found a much ...
A: Greg: If you are satisfied the OPMS will support your position on this, I believe you can leave as ...
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| Breaks and Lunches | 8/5/2009 |
Q: Per KY Labor laws (except those subject to the Federal Railway Labor Act) get a break after 4 hours ...
A: Joy: Railroad and airline employees working in an hourly craft are covered by provisions of the ...
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| Re: Lay off | 8/5/2009 |
Q: I was laid off from my job after 11 years as a dental hygienist. I was the only one at the office. ...
A: Rosa: I doubt if you do. Discrimination occurs if adverse employment action is taken against you ...
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| Terminated for timesheet error that was approved | 8/5/2009 |
Q: I was recently fired for a mistake I made on my timecard. I submit the same times each week ...
A: Roni: Absent an employment agreement or union contract that protects you from outright dismissal, I ...
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| Unfair Favortism Resulting in Fringe Benefits | 8/5/2009 |
Q: I work for a law firm of 5 attorneys, 5 secretaries, 1 floater, 1 receptionist, 1 calendar ...
A: April: Such treatment for favored employees is called bad management. That said, there is nothing ...
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| Check short by 40 hours | 8/4/2009 |
Q: Can my employer hold 40 hrs off my check, due to me not having my time sheets in on time. Only been ...
A: Shemicia: It depends on what state you are in. Most states require employers set regular payday. ...
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| FMLA question | 8/4/2009 |
Q: Ballas, I was working as a long-term substitute teacher for a school district in Michigan. I was in ...
A: Rebecca: FMLA requires your health care benefits continue while you are out of work, but does not ...
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| Re: Administrative leave | 8/3/2009 |
Q: About six weeks ago I was put on paid administrative leave. During that time I needed to have ...
A: Jacqua: On admin leave, paid, then on FMLA, requiring you to use your PTO. If seems logical that ...
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| Lay-off/Retaliation | 8/3/2009 |
Q: I was laid off in June. I recently put an EEOC claim against the facility in March. During the ...
A: Sherlaine: Your EEOC claim was filed in March, but you were not laid off until June. Others were ...
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| Commissioned Employee Rights | 8/3/2009 |
Q: My Husband is a "commission only" employee in the Auto Body Repair industry, working for a very ...
A: Rosie: Many companies have a policy to pay commission only employees on the basis of jobs completed ...
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| cap on cc tips | 8/1/2009 |
Q: I am working as a server in a restaurant where a recent rule has been imposed upon us that states we ...
A: Katie: Have never heard of a restaurant imposing such a cap but there is nothing illegal about ...
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| Commissioned Employee Rights | 8/1/2009 |
Q: My Husband is a "commission only" employee in the Auto Body Repair industry, working for a very ...
A: Rosie: The company must notice employees of the pay method change in advance of the work performed ...
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| withholding paychecks | 7/31/2009 |
Q: An employee damaged a truck during work hours. The insurance paid what they would allow and I paid ...
A: James: In most states you cannot withhold monies from an employee's paycheck without his express ...
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| employment time cards | 7/30/2009 |
Q: is it okay that an employer clockes an employee out,with a guess of what time the employee will be ...
A: Melissa: Employers must pay employees at least minimum wage for time worked. The laws do not ...
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| Sick Leave | 7/30/2009 |
Q: I recently got laid off and my employer said they don't have to pay me for my sick leave. I have ...
A: Tina: I do not see anything in MN law on sick leave. Absent a law on it, the policy on paying out ...
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| Employee Privacy | 7/30/2009 |
Q: If a police officer enters our personnel department and wants to confirm whether or not a particular ...
A: Ro: I do not think you are obligated to reveal anything without a subpoena, but typically a company ...
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| providing electronic pay stubs to employees | 7/30/2009 |
Q: We are a temporary staffing service employing individuals in 22 different states. Recently we ...
A: Cathy: I know of no site that gives all the states that allow this. The easy thing to do is go to ...
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| my money | 7/29/2009 |
Q: Our time clocks at work keeps going in freeze mode and we are not able to clock in or out the ...
A: Rena: I would immediately bring it to the attention of HR and seek their help. The company is ...
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| Work during vacation, PTO | 7/29/2009 |
Q: During my vacation I worked 2 to 6 hours a day responding to emails and speaking to the home office. ...
A: Frank: That is up to your Company policy. State and federal laws do not address the issue. Many ...
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| Contract Employment Termination | 7/29/2009 |
Q: I have been a contract judge for the past 10 years on a 3 year contract each time. In the past, my ...
A: Marilyn: First I would apply for the position, even if I held it for the 10 years. It is a ...
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| payroll deductions | 7/28/2009 |
Q: i work at a barbershop and i was wondering if it is legal to take money out of our commission that ...
A: Erica: A couple of questions before I can research for you. What state are you in? Also, are you ...
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| employee's payroll via direct deposit | 7/28/2009 |
Q: Can the employer deposit the employee's payroll via direct deposit to ANY account directed by the ...
A: Justine: Absent a state law that says otherwise, I believe if the Employee gives permission to ...
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| suspension from work | 7/28/2009 |
Q: I went to work today and I was suspended without pay for having a rash on my arm. I went to there ...
A: Darwin: Most companies will pay you if you are released without restrictions, under such ...
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| two week notice | 7/28/2009 |
Q: I gave a two week notice and a hour later I was called in and threaten with being terminated! Can ...
A: Jim: Whenever you give notice, it should be in writing, certified mail, return receipt requested. ...
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| FLMA question | 7/27/2009 |
Q: My daughter is 23 months old and has asthma. I started a job in March. The company I work for ...
A: Megan: You may apply for intermittent FMLA if you are the primary caretaker of your daughter. ...
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| Fmla question | 7/27/2009 |
Q: There is an employee who is being allowed to work at home for an indefinite period of time to stay ...
A: Lance: If the company is allowing the person to work from home, it sounds like they are under pay. ...
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| Management to union | 7/27/2009 |
Q: I work as an account manager in our companies sales division, this is a management position. ...
A: Geoff: I am no expert on Canadian labor law, but I doubt if there is anything you can do. The ...
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| reclassifying exempt to non-exempt | 7/25/2009 |
Q: I work as a hospital social worker in a psychiatric unit that has been down-sized. Number of beds ...
A: Leslie: Help me understand what you mean when you say "earned time off". Does that mean the number ...
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| Union Question | 7/25/2009 |
Q: Sir, I hope you can help me. Early this year, I had to file a complaint against my employer and ...
A: Mr. Gilreath: I would have to see the bylaws of the union to say for sure. If they say you must ...
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| Employment Suspension | 7/25/2009 |
Q: I received a phone call from my supervisor and informed me that I am being suspended until Thursday ...
A: Mervilyn: Federal and state statutes do not typical legislate such issues, so there is no law that ...
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| lay off | 7/23/2009 |
Q: I have been employed with a school district for 7 years, and with the school in question 5. The ...
A: Melissa: I think it is legal. You apparently are retained on a year to year basis, and my guess ...
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| Home Address, email, cell and home phone distributed | 7/23/2009 |
Q: Recently, my employer, a large regional bank in NC, sent around a spreadsheet with over 100 of my ...
A: Christine: I am no expert on FDIC regulations, but can tell you that many companies have disaster ...
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| wrongful termination/unemployment/disability | 7/23/2009 |
Q: I have been off work since April due to a Mental illness and I am under a doctors care. I used all 3 ...
A: Susie: You get 12 weeks of FMLA. If you did not use 12 weeks for this absence, the only thing I can ...
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| Paid/Unpaid Externship | 7/15/2009 |
Q: I have a friend who completed about 30 hours of Externship in the heavy equipment/site construction ...
A: Michelle: It depends on exactly what your friend is doing on the job, and the circumstances that ...
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| benifits | 7/15/2009 |
Q: How many hours does an employee need to work to be eligible to get holiday and other benefits?
A: David: State and federal law does not make it mandatory that companies provide holiday pay and or ...
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| wrongful termination | 7/15/2009 |
Q: I went to my direct boss about an ongoing and increasingly stressful situation of being treated ...
A: Anonymous: Unless you have an employment agreement, or you are covered by a union contract, your ...
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| Payroll for holiday falling on weekend | 7/14/2009 |
Q: If a holiday falls on a Saturday and we work the friday before as a regular day, does employer have ...
A: Rana: There are no laws out there that say an employer must pay holiday pay whatsoever. Given ...
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| Fmla question | 7/13/2009 |
Q: I work for a company that has more than 50 employees. However, I work off-site in Austin, TX where ...
A: Emma: I do not think you are eligible, given you have less than 50 employees at your site. Here is ...
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| Role of supervisor with worker in same union | 7/12/2009 |
Q: I am in the same union as the staff I am supervising. How far can I go in supervising the staff ...
A: Ms. Howard: If you are the supervisor of union members, you must follow the company policy and ...
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| Commisson-only job 72-hour work-week legal? | 7/12/2009 |
Q: I have just started a job as a commission-only employee for a major, home improvement retailer that ...
A: Hans: I believe the Company is walking a fine line between commission paid employees and hourly ...
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| hostile workplace | 7/10/2009 |
Q: I am a plumber in Texas, and the dispatcher at our company is constantly rude, sarcastic, and ...
A: Jamie: If you feel the verbal abuse is treatment account your race, age, gender, religion or ethnic ...
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| Visibility to jobs commissions paid on | 7/9/2009 |
Q: My husband works straight commission selling windows, doors, gutters etc... His pay check only shows ...
A: Denise: I am not aware of a law that requires details be furnished to employees who work straight ...
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| salary managment hours away from job site | 7/8/2009 |
Q: Is there a numbers of hours you must be off before the next shift starts? how many hours in one day ...
A: Manning: Some jobs have mandatory rest, such as railroad workers, airline pilots etc, by way of ...
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| Commission pay without possibility of sales | 7/8/2009 |
Q: I am having a hard time finding laws concerning employers rights and regulations. Specifically, I ...
A: Amanda: You must be paid at least minimum wage for the time worked. If your commissions equal to ...
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| NO FINAL PAYCHECK | 7/8/2009 |
Q: I HAVE A FRIEND WHO WAS FIRED FROM JOB & LEFT ANOTHER 1 OWES HER A FINAL PAYCHECK I BELIEVE FOR 8 ...
A: Damon: From the State of Maryland web site: Division of Labor and Industry The Maryland Guide ...
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| MANAGEMENT HOURS | 7/8/2009 |
Q: I just read the answer from Marie in Montana concerning hours worked in a week for a salaried ...
A: Lee: As an exempt employee, meaning exempt from overtime laws, you may be required to work in ...
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| minimum wage / commission payment | 7/6/2009 |
Q: I have a home based business, and I am looking to expand by hiring a salesperson. Up until this ...
A: Ken: It is certainly legal to have a commission only sales person. I would engage in a consulting ...
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| FMLA: termination before taking leave | 7/6/2009 |
Q: I am a male and was recently working for a company that offered paternity leave under FMLA (in the ...
A: Chad: You qualify for FMLA on the basis of the laws criteria, not the Company criteria. If you ...
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| FMLA: termination before taking leave | 7/3/2009 |
Q: I am a male and was recently working for a company that offered paternity leave under FMLA (in the ...
A: Chad: FMLA is the leave itself, and if you qualify for the leave while you were working, it means ...
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| pay reduction | 7/3/2009 |
Q: can an employer drop an employees pay rate down to minimum wage on there last paycheck if they leave ...
A: Gene: They should not cut your pay in arrears. Typically, companies must give notice if pay ...
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| Termination of Employee | 7/2/2009 |
Q: My brother is going through a divorce, and unfortunately he works at the same place his soon-to-be ...
A: Jason: If I were your brother, I would inform the Management that I have no contact with the ex ...
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| my employer won't pay me my commissions | 7/2/2009 |
Q: For the past 3 years I have been receiving a commission based on the amount of revenue my department ...
A: Jane: He should not change the way you are compensated in arrears. He can notify you on a date ...
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| Late paycheck | 7/1/2009 |
Q: I work in RI but my company is based out of MD. I am a salary employee and get paid bi-weekly. I ...
A: Rissa: If the employer missed the regular payday, then he did not pay you for the time worked. ...
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| FMLA: termination before taking leave | 7/1/2009 |
Q: I am a male and was recently working for a company that offered paternity leave under FMLA (in the ...
A: Chad: I am not sure I understand. You were terminated, so you do not require a FMLA leave - you ...
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| labor dispute | 6/30/2009 |
Q: TO WHOM IT MAY CONCERN, I WAS HIRED AS A SECURITY OFFICER FOR A HOTEL. I HAVE BEEN THERE 3 MONTHS. ...
A: Robert: The employer may require various duties of its employees. Many employees are hired for ...
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| Acrrued Vacation Time | 6/30/2009 |
Q: My current employer's CTO policy is that we are allowed to "borrow" ahead on our CTO, as long as we ...
A: Echo: It is an acceptable procedure. Paid time off is not legislated by the federal or state ...
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| Terminated or Not? | 6/30/2009 |
Q: For almost 3 years I have been working inhouse as a computer network administrator for a high school ...
A: Camelia: Sounds like they do not wish to terminate you. The good thing is you have the termination ...
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| vacation payout | 6/29/2009 |
Q: Employees are currently paid out for all accrued vacation. Effective 8/1/09 we are thinking about ...
A: Maceo: It depends on what state you are in. Look on your state's web site under employment to see ...
|
| Arbitration letter | 6/27/2009 |
Q: This is and Gerri, What is the process now that the union has refused an arbitration, we believe we ...
A: Jan: I think you only step is to now take the Union to federal court. Remember, the NMB does not ...
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| direct deposit | 6/26/2009 |
Q: can my employer not give me my direct deosit pay check stub in the state of MN
A: Destiny: You must get the payroll stub information. Here is the law in MN. ...
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| UE Hearing | 6/25/2009 |
Q: We had an unemployment hearing set and the key witness told us two days ahead of time she would be ...
A: Kim: Many states are what we call "employment at will" states, meaning the employee works there ...
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| Retailiation from our boss | 6/25/2009 |
Q: I have been employed at my job for 12 years as part-time 3 days a week. Our administrator hired his ...
A: Christy: You imply the change of schedule is the result of someone calling the owner about the ...
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| Wage/Tips | 6/25/2009 |
Q: I have a client who owns a salon and pays stylists only a 50% commission for each service they ...
A: Kandi: It depends on what state you are in. Typically, yes they must be paid minimum wage, but ...
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| Contract breach? | 6/25/2009 |
Q: I am a nurse at a hospital that is claiming "recession problems" and has resorted to taking away ...
A: Tami: I agree that it appears the hospital has broken the terms of the agreement if it says you ...
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| Third sector and overtime pay | 6/24/2009 |
Q: Is a nonprofit organization allowed to provide comp time in place of overtime pay? And at the end ...
A: Christina: You must be paid overtime unless your position is considered "exempt" under federal ...
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| Commission Paid Employee | 6/24/2009 |
Q: Tom, I have worked for a printing company for 8 years, I do not get a salary I am paid 100% ...
A: Rebecca: You should receive your commissions, calculated in the normal fashion, for the sales you ...
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| Break Time | 6/24/2009 |
Q: Can my employer deducted time from my PTO bank for minutes spent over my regular scheduled break ...
A: Gordon: Federal and State laws do not address such issues. Your employer can deduct such time from ...
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| RWL | 6/23/2009 |
Q: 1. Prior to the NMB declaring single carrier status of the two companies merging (i.e. AA ...
A: Gerri: As I understand things, the RLA, as administered by the NMB, does not directly get involved ...
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| CBA | 6/23/2009 |
Q: This will be simple for you. What is the difference between an Amendment to a CBA vs A "Letter of ...
A: Janet: What is "the system bd. of Adjus.? I am unfamiliar with that terminology. To answer your ...
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| Delivery of paycheck | 6/23/2009 |
Q: Our company is located in Texas. We do have direct deposit available to our employees. However, some ...
A: Suzie: From the State of Texas web site, here is the law on direct deposit. My read is you can ...
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| CBA | 6/23/2009 |
Q: This will be simple for you. What is the difference between an Amendment to a CBA vs A "Letter of ...
A: Janet: In my earlier response, the parties were the Carrier and the Union representing the ...
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| dismissal while sick | 6/22/2009 |
Q: Been employed with a hair salon since last December had to go home with a migrain last ...
A: Christie: I am certainly no expert in UK law, but based off what I know here in the States I do not ...
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| Age Discrimination - filing in Court | 6/22/2009 |
Q: My EEOC ordeal began in 2004 when the USPS OIG began it's restructuring under the direction of the ...
A: What a story!! I am not sure I can be of any help here, as your current attorney should be the one ...
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| CBA | 6/21/2009 |
Q: This will be simple for you. What is the difference between an Amendment to a CBA vs A "Letter of ...
A: Janet: Whenever a CBA under the RLA reaches the end of its term, it is said to now be "amendable". ...
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| Labor problem | 6/21/2009 |
Q: My name is Bruce Seibel and I have worked road construction for 12 years now for a company in ...
A: Bruce: There is little you can do other than appeal to your supervisor, and request he reconsider ...
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| Suspended pending and investigation | 6/20/2009 |
Q: I was recently suspended pending investigation at work. I know that a fellow employee reported me ...
A: Autumn: The Company has the right to establish procedures to investigate incidents they consider ...
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| SUSPENSION | 6/20/2009 |
Q: I HAVE BEEN WORKING AS AN IND CONTRACTOR FOR THE LAST 4 MONTHS, IN SALES ,CABLE, OUTSIDE FIELD HOME ...
A: Robert: As an independent contractor, your services can be discontinued without notice and without ...
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| Unused vacation and termination | 6/20/2009 |
Q: Tom, I live in Kansas and was just terminated from my job. My employer adopted a policy that states ...
A: Dianne: Looks like the Company policy is the rule. Given this, I do not think you can get the ...
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| Stopped last paycheck | 6/19/2009 |
Q: I hope you can help me with your advice. I am not sure what I should do in my situation. Last ...
A: Julie: You should file a wage complaint with the state of PA, as there is is statute that requires ...
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| UNION REPRESENTATION | 6/19/2009 |
Q: After an acquisition/merger and before the actual integration of the unions by the National ...
A: Geri: Very complicated, so I believe you and your co-workers would do well to invest in an ...
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| Company Car Commute | 6/19/2009 |
Q: Is it reasonable to be expected to drive my Marked Company Vehicle 2 hours of my own time each day? ...
A: Brad: I do not know what you can find beyond what you have found already. There is not a law that ...
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| UNION REPRESENTATION | 6/18/2009 |
Q: After an acquisition/merger and before the actual integration of the unions by the National ...
A: Geri: My background is on the rail side, so keep that in mind as you read my answer. Until the ...
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| salaried employment - required hours | 6/18/2009 |
Q: I am a professor and administrator at a university in Washington DC. I am NOT paid by the hour, but ...
A: Maria: Yes, there is nothing that prohibits the school from charging your leave if you absent ...
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| Payment of bonus income | 6/17/2009 |
Q: I was given a $10 an hour raise on my bonus work completed. I get paid per file that I close. I was ...
A: Trisha: Absent anything in writing that binds the company into paying what they said, you do not ...
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| Vacation for Exempt Employees | 6/17/2009 |
Q: I work 50 to 70 hours every week. When our employees work overtime on Saturday, I have to come to ...
A: Willie: No law regarding this for an exempt employee, on the federal level. The problem with ...
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| employee time clock | 6/17/2009 |
Q: I understand that we must clock in and out and have never had a problem with it. Is there a window ...
A: Deborah: The laws do not address how companies have employees clock in or record their time. The ...
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| Yearly Employment Agreement | 6/16/2009 |
Q: I was hired as a full-time supervisor for a College. While the understanding is that this is a ...
A: J; From your description, you sound like a regular exempt employee, who happens to enjoy an ...
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| tax evasion | 6/16/2009 |
Q: I am a fireproofing laborer working with an independent contractor, in which that would make my ...
A: Prado: If you are considered an independent contractor by the Company, that is not an employee, ...
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| Company Car Commute | 6/16/2009 |
Q: Is it reasonable to be expected to drive my Marked Company Vehicle 2 hours of my own time each day? ...
A: Brad: I do not think what they are doing is reasonable at all. If you are reporting to work, then ...
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| check stubs | 6/16/2009 |
Q: my employer gives me a check at the end of the week but he never gives me a check stub. what is the ...
A: Crystal: Most states require employers to provide a check stub, or the information in some fashion. ...
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| what rights do I have? | 6/15/2009 |
Q: I work for a hair salon in Denver Colorado and I am strictly commission paid, so the harder I work ...
A: Amanda: You say you have an employer, therefore you must be an employee. I presume then your ...
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| Pregnancy Discrimination | 6/15/2009 |
Q: My daughter in law was laid off from work this past Friday, she found out she was pregnant on May ...
A: Sue: The Company must have 15 or more employees in order to be covered by this law. If they do, ...
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| Pregnancy Discrimination | 6/14/2009 |
Q: My daughter in law was laid off from work this past Friday, she found out she was pregnant on May ...
A: Sue: Given what you present, it sounds as though the Company is in violation of the Pregnancy ...
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| Discrimination question | 6/14/2009 |
Q: I'm not looking for legal advice, but would like your opinion please on the following: I was ...
A: Michelle: If they are treating you differently account your gender, you may wish to complain to the ...
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| Vacation pay | 6/14/2009 |
Q: I live and work in the state of Illinois. I have been working for my employer for 15 years and now ...
A: Rick: Vacation policy is not legislated, so the employer may set policy as he sees fit. What the ...
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| Severance pay .... | 6/13/2009 |
Q: I worked for company A for 20 years, company B acquired company A and I have worked for them the ...
A: Garry: State and federal laws do not dictate severance policy. A company is not obligated to pay ...
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| Employee and Independent contractor | 6/13/2009 |
Q: I have been working at this restaurant as a delivery driver since November, when i work the morning ...
A: Steve: This sounds like it may not be the way to handle things. I have attached the below link ...
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| SENIORITY INTEGRATION | 6/13/2009 |
Q: "When our airline was acquired/merged with another airline,a new entity was formed putting the ...
A: Geri: I am well versed in the RLA, but all my background is on the rail side. On the rail side, ...
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| misappropriation | 6/12/2009 |
Q: a month ago, our company conducted an unannounced audit and unfortunately, it so happened that i had ...
A: Lost: If I understand correctly, you have repaid the money, and have been suspended pending a ...
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| Child Support | 6/10/2009 |
Q: I am divorced and my ex is being ordered to pay me some back child support payments that are ...
A: Heather: From the info provided, probably not. Sounds as though you have moved through the courts ...
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| Contact from Employer after termination | 6/9/2009 |
Q: I recently was terminated from my job due to an unreasonable supervisor. I say this only because ...
A: Sherri: The company is obligated to pay you at least minimum wage for the time worked. Most states ...
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| Wage payment after termination | 6/9/2009 |
Q: I worked for an attorney for 2 years. I was layed off January 09, I waas paid salary and also half ...
A: Melissa: I am not sure there is much you can do. If the arrangement was the employer must first ...
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| Depression at work | 6/9/2009 |
Q: I have clinical depression. I had a very bad depressive episode this fall. I missed two weeks of ...
A: Teresa: If you file a complaint with the EEOC, they will follow through as I described before. The ...
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| Depression at work | 6/8/2009 |
Q: I have clinical depression. I had a very bad depressive episode this fall. I missed two weeks of ...
A: Teresa: Were you actually an employee or a contractor? I think your chances are better if you were ...
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| Timeclock rules | 6/8/2009 |
Q: My boss has taken to 'editing' the punches on our time clock to benefit herself. If a employee ...
A: Debbie: You must work in a state that requires a lunch break. Some do, most do not. To confirm ...
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| Timeclock rules | 6/7/2009 |
Q: My boss has taken to 'editing' the punches on our time clock to benefit herself. If a employee ...
A: Debbie: You are correct, if you work, you must be paid for the time worked. The time clock is only ...
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| general | 6/7/2009 |
Q: Can an Employee call you on your day off to discuss about work? Are they require to pay you for the ...
A: Kimberly: It is not unusual for an employee to call another at home with work questions. If for ...
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| Salary Exempt Employees and Unpaid Time off | 6/7/2009 |
Q: If I am a salaried exempt employee, and I need a couple of days off for personal reasons, but I am ...
A: Susan: Completely up to your company to pay or not. Most companies will give Staff employees a ...
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| Badge readers and access to company | 6/4/2009 |
Q: I work for one of the largest defense contractors in the US. The company that I work for was ...
A: Tim: If the badge is required to enter the property, and the employee does not have it, and the new ...
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| vacation pay | 6/4/2009 |
Q: I was let go due to cut backs, on my final payroll check my ytd vacation pay reads 120:00hrs does ...
A: Jerry: No requirement by the state for them to pay your earned vacation, merely says they must ...
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| vacation pay | 6/4/2009 |
Q: I was let go due to cut backs, on my final payroll check my ytd vacation pay reads 120:00hrs does ...
A: Jerry: Some states have laws that say earned vacation must be paid out, some do not. Let me know ...
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| Laid off from work in FL | 6/3/2009 |
Q: I was laid off from my job today in FL. I know people in the past who have been laid off or fired ...
A: Randi: If you have worked the time, you should be paid the rate of pay in effect when you worked. ...
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| Sales Workers Compensation | 6/3/2009 |
Q: We are looking at changing the compensation of our outside sales force from salary plus commission ...
A: Therese: I would give at least 2 weeks notice, but no notice is necessary, as long as you tell them ...
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| Do we have to take a lunch? | 6/2/2009 |
Q: I was hired in January 7am to 3pm no lunch agreed since I eat while I work. Now, he said I have to ...
A: Anne: Here is the law for adults. Looks like you must by law get lunch if you work 8 or more ...
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| 2 weeks notice | 6/2/2009 |
Q: Out of respect for his company my husband was going to give 3-4 weeks notice. If they decide to let ...
A: Kelli: They do not have to pay him for the notice period he gives. They only have to pay him for ...
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| Working Restroom? | 6/1/2009 |
Q: Mr. Thomas Ballas: I recently started a new Retail Job at a Movie Rental store within the past ...
A: Tim: What you describe violates OSHA regulations which call for a working restroom in such a ...
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| vacation time | 5/31/2009 |
Q: I resigned as a Director for a Childcare center after working for 3 years, working for an owner. ...
A: Sandy: In NC, it depends on the policy of the Company. If the policy says the vacation if ...
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| termination | 5/31/2009 |
Q: I was injured on the job June 22nd, I was out on Texas Workers Comp under a doctor's care, I found ...
A: Bobby: I would write a letter to HR recapping all this, sending it certified mail, return receipt ...
|
| tip out | 5/30/2009 |
Q: i am a bartender at a restaurant in yorktown , va. last night when i came in to work i was told ...
A: Delia: I understand the DOL has determined that tipping out cannot be forced on an employee, so ...
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| no over time in 8 yrs, no final pay check | 5/29/2009 |
Q: i was fired 40 days ago i was never given my check, this happened on Wednesday, Tuesday was pay day ...
A: Michele: You can file a wage claim with your state's wage and hour division for your back pay. You ...
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| Days off | 5/28/2009 |
Q: If you are a salaried employee and you work 47 hours in one week. Can your employer deny you having ...
A: Samantha: Most exempt positions are such that working more than 40 hours is routine, and expected. ...
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| Forced furlough during FLMA Disability | 5/27/2009 |
Q: I had major surgery on 4/28/09 (using rods, screws, bone material, etc.) to fuse the lumbar ...
A: Phil: FMLA is a federal law that covers you when you cannot work account your medical condition. ...
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| stealing | 5/27/2009 |
Q: I recently was sick for a week of work. I was out of sick leave,I had a doctor slip to be off. I ...
A: Jeff: Many companies have policies that force an employee to use vacation or other paid time off if ...
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| Withholding Pay Provision in a Collective Bargaining Agreement | 5/27/2009 |
Q: Our company is negotiating a labor agreement with an existing bargaining unit. Our employees would ...
A: Jacob: As a former VP who led negotiations for my company, I just would not entertain this. In my ...
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| Resigning job/vacation pay | 5/26/2009 |
Q: In Massachusetts, if you resign from your job,is your employer obligated to pay you unused vacation ...
A: Cindy: If the vacation has been earned, it must be paid in MA. See this web site. ...
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| Drive Times | 5/26/2009 |
Q: Our company holds mandatory meetings every 3-4 months. These meetings in general are approximately 3 ...
A: Ruth: If you are not performing service, many companies do not pay for drive time. Without knowing ...
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| 2 to 4 minutes late | 5/26/2009 |
Q: We have a new manager at the job. He is a bit of a nit pick. So here is my question Can he get away ...
A: Melissa: I believe the Manager has the right to do so. Many companies set time clocks to allow ...
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| being fired | 5/25/2009 |
Q: i was written up for a problem at work and suspended for 3 days. I was told to return on the third ...
A: Ben: You do not tell me what state you are in, but most states support employment "at will", ...
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| job change application | 5/25/2009 |
Q: i work as a secretary II, in surgery, at a hospital in Lancaster, California, county of Los Angeles. ...
A: Kathleen: I do not think that is the proper way to handle things, but I do not see a statute that I ...
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| Non-compete clause for salon staff legal? | 5/23/2009 |
Q: I work for a salon, as a hair stylist. A year ago, the salon staff was forced to sign non-compete ...
A: Catherine: I doubt if it would hold up in court, if pressed by the salon owner. These things are ...
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| Grace period if forgot to submit a time card. | 5/22/2009 |
Q: I am a hourly employee and forgot to submit my time card by the end of the day for a pay period. I ...
A: Joanna: You do not tell me what state you are in, so I can only speak to federal law. This type of ...
|
| Work Conditions | 5/21/2009 |
Q: I currently work in a staffing agency. Basecly I provide clerical support for my Boss and his ...
A: Jovanna: There are no federal laws that require breaks, or lunch periods for adults. What you ...
|
| tip pooling, mandatory or voluntary | 5/20/2009 |
Q: While many states seem to be assuming that the determination of whether or not a tip pool is legal ...
A: Gary: Apparently, the DOL has issued several opinions on this issue. Consistent in these opinions ...
|
| Hourly Employees Being Forced To Take A | 5/20/2009 |
Q: Mr. Ballas, Thank you ahead of time for any information you can provide on this problem, your time ...
A: Vince: If you are correct on the OT issue, and the 40 hours accumulated, I still do not think what ...
|
| Time Clock Punch Changes | 5/18/2009 |
Q: My current employer is changing our punches via in & out to make sure that all the hourly employee's ...
A: Brant: You should be paid for all the hours worked. Timekeeping is not the issue, if your employer ...
|
| Vacation pay at retirement | 5/17/2009 |
Q: On Dec 31st. 2008, I retired as the Police Chief of a small police dept. in Ohio. I was paid for ...
A: Don: I do not see anything that mandates you be paid accrued vacation. Absent a state statute that ...
|
| just cause for termination, denying unemployment benefits | 5/17/2009 |
Q: I was recently terminated for what my employer states as 'just cause' Seems my boss looked in my ...
A: Kathryn: Unemployment Comp is a strange animal, and it is very hard to say how they will rule on ...
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| FMLA | 5/16/2009 |
Q: My son had emergency surgery due to an apendicitis. His doctor put him on light duty for 2 weeks, ...
A: Shellie: It is not illegal to refuse light duty to an employee. That is up to Company policy. ...
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| Hourly Employees Being Forced To Take A "Long Lunch" | 5/16/2009 |
Q: Mr. Ballas, Thank you ahead of time for any information you can provide on this problem, your time ...
A: Vince: I see nothing that makes it illegal for an employer to cut your hours each week, unless ...
|
| worked but did not get paid | 5/10/2009 |
Q: i worked for a security company call international services. the company recently went under and ...
A: There is not much you can do if the company has filed bankruptcy. Employees typically have a very ...
|
| Suspensions | 5/10/2009 |
Q: I was recently placed on suspension from work due to an investigation. My question is, for how long ...
A: Heath: No state laws on this. It is up to Company policy. Regarding pay, you can be suspended ...
|
| 10 hour shift and holiday | 5/7/2009 |
Q: I work 10 hour shifts. When a holiday comes around and if it is on a day I am schduled to work. In ...
A: Cynthia: Without knowing where and for whom you work, I cannot investigate if there is a legal ...
|
| FLMA | 5/7/2009 |
Q: MY DAD HAS LUNG CANCER.AND I HAVE GOTTEN FLMA FOR HIM..MY MOTHER DONT DRIVE AND ITS BEEN HARD FOR ...
A: Harry: FMLA is a benefit provided employees who qualify. Employees get 12 weeks per year, and the ...
|
| AZ wage and earnings | 5/7/2009 |
Q: Is it legal for the employer to average out the pay rates of regular and overtime into one set rate? ...
A: Jennie: Not legal to average regular and overtime rates. Some states do not require the employee ...
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| salary | 5/6/2009 |
Q: If I am paid a salary pay, I understand wether I work 30, 40 or 60 hours that week I am only paid ...
A: Maureen: If I understand the question correctly you are asking if you work only 32 hours in a week, ...
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| time clocks salaried workers | 5/5/2009 |
Q: I teach in a school in CA that has all staff clock in and out. We are docked for time off (ie, ...
A: Karen: My read is yes, it is legal. In CA, teachers are exempt from overtime. See below from this ...
|
| deductions | 5/5/2009 |
Q: can an employer take money away from an employee for lost income from an unsatisfied customer
A: Susan: Typically not. Most states have laws that prohibit the deduction of employees pay without ...
|
| child labor | 5/2/2009 |
Q: my 16 yr old stepdaughter is employed by a fast food chain. They regularly work her late hours. I ...
A: Karen: Here is the language of the statute. Hope this helps. Tom Ballas Acts, 2002 Reg. ...
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| doctors note sick time | 5/1/2009 |
Q: OK I was sick with pneumonia and missed 6 days of work,my doctor wrote me a note due to the fact I ...
A: Marie: It depends on if your company, and you are covered by the Family Medical and Leave Act. ...
|
| pay cuts | 4/30/2009 |
Q: is their a certain percentage that employers are allowd to cut from your pay if you get a demotion. ...
A: Kristi: Yes, they can drop you to minimum wage, as long as they notice you before they do so. They ...
|
| 100% Commission Sales | 4/29/2009 |
Q: If I am 100 % commission outside sales employee for a large retail chain can my employer make me ...
A: Becky: Here is a web site that answers your question. It has several criteria that will drive the ...
|
| Inappropriate Termination | 4/27/2009 |
Q: My husband visited the emergency room for abdominal pain on 3-27-09. He returned to work but was ...
A: Toni: If his company is covered by FMLA, and if your husband qualifies for that leave, you could ...
|
| Renting laws | 4/26/2009 |
Q: I currently rent space in a salon in NY. We had an oral agreement for a sent rent amount, we updated ...
A: Deane: You describe more of an employer-employee relationship, since she is giving you ...
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| Inappropriate Termination | 4/24/2009 |
Q: My husband visited the emergency room for abdominal pain on 3-27-09. He returned to work but was ...
A: Toni: I am not sure what you can do other than write the HR folks of the company and explain in ...
|
| Mandatory Furlough | 4/24/2009 |
Q: I would like to know how mandatory furloughs are judged as legal? What laws give county's the right ...
A: Mary: I believe most counties are like companies, and are free to furlough as they see fit, it the ...
|
| salary fmla | 4/23/2009 |
Q: I am a salaried employee who uses intermittent fmla. There are days during the week were I call in ...
A: John: Here is an excellent web site on FMLA. http://www.dol.gov/esa/whd/regs/compliance/1421.htm ...
|
| zero tolerance | 4/22/2009 |
Q: I was wondering if you could help me with a letter for my staff along the lines of zero tolerance ...
A: Melanie: How about this? To All Employees: You may or may not be aware that we suffered a theft ...
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| Payroll Recovery | 4/22/2009 |
Q: I had asked you a question yesterday. Thanks for your quick response. However, today I realized ...
A: Harshad: If there is nothing in writing requiring you to repay the money, and if you received a ...
|
| Forced unpaid LOA | 4/21/2009 |
Q: I live in Maine. I recently sprained my ankle and went to the hospital for it. After being told I ...
A: Marly: It is not illegal for them to keep you out, if they feel the restrictions keep you from ...
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| STD & FMLA denial | 4/16/2009 |
Q: I was recently admitted to the hospital several times of the course of 5 weeks in which I was ...
A: Dan: Certainly the law states you have 15 days to provide the support document for the leave of ...
|
| Positive Meth drug test | 4/16/2009 |
Q: I tested positive for meth a pre employment drug screen. I am trying to get help for this problem ...
A: Manny: I doubt if you will be hired, given the results of the drug screen. You can certainly try ...
|
| FLMA | 4/14/2009 |
Q: My ant works for a subsidiary of a company that would be covered under FLMA, however, her HR ...
A: Veronica: If the company she works for has less than fifty employees and has a separate profit and ...
|
| Payroll Recovery | 4/14/2009 |
Q: "I worked for a consulting company in the US whose base is located in India. They gave me an advance ...
A: Ram: If there is nothing in writing that binds you and the old company to this agreement, then you ...
|
| Billing for non-pretaxed health insurance after termination. | 4/13/2009 |
Q: My last employer terminated me after one month of employment. I signed up for family health care. ...
A: Sharon: Given all this, I think I would write them a letter and outline all you have said here, ...
|
| Incorrect dates on Paycheck | 4/13/2009 |
Q: The 'to' and 'from' dates on my hourly wage Paycheck do not match the ACTUAL dates worked, it's a ...
A: Amy: I guess it may be illegal, depending on what state you are in. That said, is the pay correct? ...
|
| Possible Discrimination | 4/13/2009 |
Q: I work in the state of Alabama. I was formerly employed by a physician's office with an unofficial ...
A: Morgan: My guess is you do not have an employment agreement, and are an "at will" employee. You ...
|
| pay time | 4/12/2009 |
Q: I am an alarm tech and my employer doesn't require me to clock in.Does my pay time start the minute ...
A: Larry: If you are required to report at a certain time, and your company knows you are there at ...
|
| Reduction in Force | 4/12/2009 |
Q: Thomas, I was recently affected by a reduction in force at the company that I worked for. My ...
A: Rick: If the reduction in force (RIF)for your company was more than one person, then you should ...
|
| vacation accrual | 4/10/2009 |
Q: Were in CA. My company vacation policy states, “vacation accruals may not exceed 1.5 times an ...
A: Sandy: You can change company policy on vacation, with notice in advance to the employees. You ...
|
| Returning to Work after Medical/Maternity (Texas) | 4/10/2009 |
Q: I went on extended medical leave before giving birth. Today I was told when I inquired about ...
A: Theresa: Here is the web site for a FMLA fact sheet. You may be given a comparable position, but ...
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| holiday ,vacation pay | 4/10/2009 |
Q: can a employer take your vacation time away and deduct money from your check if your a salary employ ...
A: Beckie: Vacation policy is not governed by state and federal laws. Companies may allow vacations, ...
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| verbal warning | 4/10/2009 |
Q: I recently received a verbal warning at work for attendance. After signing it I was told I could not ...
A: Cindy: Unless there is an employment agreement or a union agreement saying otherwise, it is not ...
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| Salaried employee | 4/8/2009 |
Q: I am working in a department where all the employees are on salary. When I started in this ...
A: Debbie: If you are on an "exempt" position, then your position is exempt from overtime laws. ...
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| doctor script | 4/1/2009 |
Q: In the fall of 2008,my doctor wrote me a script for work stating that I was not to lift anything ...
A: Steve: I do not think it illegal for them to require a certification of your condition. If it is ...
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| Company Insurance Benefits | 3/31/2009 |
Q: what if the company misses my health benefit because of their negligent? My heath insurance was ...
A: Monika: Companies provide health care plans because they wish to, not because of a state or federal ...
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| change in pay from salary to fee for service | 3/31/2009 |
Q: My employer (a private agency) in North Carolina recently changed it's pay from salary to "fee for ...
A: Greg: Are you a true employee? Or, a contractor? If a contractor, the company can pay you as you ...
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| pay ? | 3/31/2009 |
Q: I work on commission (50%) in TX. The company I work for has stores all over the world.If I don't ...
A: Vanessa: I would write my supervisor, with open copy to the HR group, and respectfully request you ...
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| Salary Employee | 3/30/2009 |
Q: I'm not certain you are the correct professional to ask, I'm getting rather lost in the technical ...
A: Shane: Sick leave, paid time off, vacations, etc are typically policy set by the Company. If you ...
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| termination | 3/30/2009 |
Q: On thursday march 27 I received an oral counselling from the office manager at the census office in ...
A: Don: I would attend the meeting, if at all possible. Perhaps you can obtain permission to have ...
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| Time clock punching | 3/29/2009 |
Q: If I am fired for not punching the clock (I was) can another employee punch in and out, ie take a ...
A: Paul: If I understand your question, you did not punch the clock, but the other employee did, but ...
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| Sick time; privacy | 3/28/2009 |
Q: Does an employer have the right to know why your calling in sick? besides that you are ill or ...
A: Pete: I do not believe the supervisor has a right to know the answer, but the Company may require ...
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| Abuse of Salaried Employees | 3/28/2009 |
Q: My husband works for a company in the IT field in California. Due to a cut in revenue, the company ...
A: Allison: If they are on the exact same positions, then the positions should be classified the same. ...
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| vacation benefits | 3/27/2009 |
Q: I recently quit my job in Tampa Fl to relocate to Orlando. I worked a full year at my company in ...
A: Debra: If the company policy is to pay if certain requirements are met, and they did not, then you ...
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| on call | 3/27/2009 |
Q: I am not sure if you can answer this but is it legal for an employer to expect an hourly employee to ...
A: Kevin: It is not illegal, in fact, not unusual for this to be done. If you wish compensation for ...
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| scheduling | 3/27/2009 |
Q: if your on your employers schedule can they take you off the schedule to train a new person
A: Diane: Generally speaking, your employer can have you perform duties not usually assigned, ...
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| paycheck returned for insufficient funds | 3/27/2009 |
Q: I was returned one paycheck for insufficient funds and my coworkers were returned another check ...
A: Lily: If you work, the law says you must be paid at least minimum wage. If your paycheck is ...
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| no compete clause | 3/26/2009 |
Q: I live in Illinois and I was laid off of my job due to cutbacks. In order to receive my severance ...
A: Tracy: My take on what you quote from the severance release is that you have agreed not to apply ...
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| Michigan Vacation Benefits | 3/25/2009 |
Q: My employer has decided to cut vacation benefits from three weeks to two weeks for employees with ...
A: Mimi: The short answer is yes, they can do so. Michigan law states only that vacation policy must ...
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| private household | 3/25/2009 |
Q: According to VA law is my employer required to pay social security for me? I work in a private ...
A: Marianne: Yes. If you are employed by a business or an individual, they are required to withhold ...
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| Reduction of Pay Discrimination | 3/24/2009 |
Q: My company was bought 3 months ago by a competitor in the same regional area. My job responsibility ...
A: Cathy: Here is a web site that may help. I have not used it myself, but it sounds like what you ...
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| i am getting ready to request my fmla. | 3/24/2009 |
Q: I am almost 22 weeks pregnant and am getting ready to request my fmla. I was wondering if there are ...
A: Deven; FMLA is granted on the basis of your health. If your Doctor thinks you need to stop work ...
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| Exempt Employee | 3/23/2009 |
Q: I'm a salaried employee and I have to keep a time sheet. If I'm out of the office for an hour or 3 ...
A: Cynthia: I see nothing that addresses the issue in NJ statutes. If you are on a true exempt ...
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| Sick time at home | 3/23/2009 |
Q: I work in California. My employer has a generous sick leave policy and insists we do not come in ...
A: Laura: Your boss should not ask you about your medical condition, but many do, and most employees ...
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| Bonus Reduction | 3/20/2009 |
Q: I work in Massachusetts for a private corporation. My bonus payment is scheduled at 15% of my ...
A: Steve: Absent a written contract that states what your bonus should be, you will have a hard time, ...
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| commission paid employees | 3/20/2009 |
Q: My employer has asked us to be at work from 9-6pm and not leave except for lunch. We are paid ...
A: Sharon: Most states have a minimum wage law that says your commissions must equal at least minimum ...
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| New York State- sent home after clocking in | 3/20/2009 |
Q: My brother works for a company who has him on schedule Monday through Friday 7:00am to 3:00pm and 2 ...
A: Terri: I see nothing in the statutes that indicate it is illegal, absent a contract or union ...
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| accrued vacation changes | 3/17/2009 |
Q: I work for a national company that is changing it's vacation policy from time accrued in the ...
A: Joe: I cannot read the policy, as it is too small text. Vacation policy is not typically covered ...
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| child is sick | 3/17/2009 |
Q: my child is sick and i am out of sick days. I need my husband to stay at home for one day so that i ...
A: Melissa: I do not think there is much you can do on such short notice other than appeal to your ...
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| Indiana holding paychecks | 3/17/2009 |
Q: I am employed in Indiana. My company has issued a new rule that if you have 3 mistakes in your time ...
A: Brandi: I do not believe it is legal, but I do not see anything specific about it in Indiana ...
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| scheduled number of hours paid | 3/16/2009 |
Q: If I am scheduled to work at least 4 hours per day and am told to punch out after only 2 will I ...
A: Steven: You should be paid for all the hours worked, even if you do not punch in and out at all, ...
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| Employer force to buy stuff | 3/16/2009 |
Q: I work for Icing and they recently changed the dress code policy. It says that we have to represent ...
A: Alisa: If it is a condition of employment that you wear a uniform, etc while on duty, and the ...
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| furlough length | 3/14/2009 |
Q: what is the restriction, lengthwise, on furloughs? I work for a company in California and have been ...
A: John: If there is a union contract involved, it may answer these issues. If not contract, then ...
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| Severance package rules and regulations | 3/14/2009 |
Q: My company offered a voluntary severance package about two months ago due to upcoming layoffs that ...
A: Kim: You were declined opportunity for the voluntary severance package, then 5 weeks later your ...
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| payday falls on a sunday | 3/13/2009 |
Q: If we are paid on the 15th and the last day of the month and the pay day falls on a Sunday are we to ...
A: Kristy: Many states have laws that govern pay frequency, so you can look up on your states web site ...
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| Status change from hourly to salaried | 3/12/2009 |
Q: About a year and a half ago, my job was reclassified from hourly - non-exempt to salaried- exempt. ...
A: Amy: Typically vacation policy is handled the same for employees of the same class. Exceptions may ...
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| Mandatory Meeting Pay Louisiana | 3/12/2009 |
Q: Are employers required to pay you to attend a mandatory meeting in Louisiana if you are an hourly ...
A: Rachel: I do not see a LA statute that governs this. The DOL does not directly require pay for ...
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| Furloughs | 3/12/2009 |
Q: The company is planning on doing furloughs, but they say we will be required to come to work on each ...
A: Sam: The union agreement should address the issue of how a furloughed employee is handled. If it ...
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| age discrimination | 3/11/2009 |
Q: This week I was laid off. The reason given was "the economy." I have excellent performance reviews ...
A: Ernie: If you were the only one over forty to be laid off, it will be hard to point to you and ...
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| verbal harrassment | 3/11/2009 |
Q: My superior was speaking to my coworker and stated "and because of that Bitch the boss will be here ...
A: Mishele; If you were offended by the remark, you should quickly report it to your Supervisor and ...
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| salaried employment | 3/10/2009 |
Q: I am a salaried county worker of 3 yrs. When i started I was required to put in 40 hrs/wk. With my ...
A: Sherry: The question is, are you on an exempt position or not? When I say exempt, I mean exempt ...
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| workmans comp vs. std | 3/10/2009 |
Q: I have been working as hospice RN for this co. since 9/08. I had mva in 2004 and cervical disc ...
A: Beth: You must feel as though your paid is work related to consider applying for workman's comp. ...
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| Outsourceing | 3/10/2009 |
Q: My position is being outsourced. It was announced over 6 months ago by the director. When I ask ...
A: Mr. Gilbert: Advance notice is required in some situations. Below is some information that should ...
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| suspension without pay | 3/10/2009 |
Q: I have been given a one day suspension without pay.They are saying the day off will be on a Sunday ...
A: Carol: Absent any contract of working agreement that states they cannot suspend you on a rest day, ...
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| Bathroom Breaks | 3/10/2009 |
Q: I work in a call center in Ohio. I was recently told (after working for several weeks) that we are ...
A: Jennifer: Here is a web site that addresses the issue. It is an OSHA issue from a regulatory ...
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| Severance Pay | 3/8/2009 |
Q: I am actively employed by a Canadian company but I work in the U.S. I am a US citizen. My job was ...
A: Rick: I know nothing about Canadian law, but typically, severance plans are designed by the ...
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| Witholding/banking hours? | 3/7/2009 |
Q: Now with unemployment I am only allowed to work 5 hours I believe. My boss knows that and he had me ...
A: Damien: If you work for an employer, he is obligated to pay you at least minimum wage, and failing ...
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| Employee misses a time punch, denied pay for the day | 3/6/2009 |
Q: Our office Human Resource Manager just MADE us sign a form stating that if we miss a time punch we ...
A: Jane: It is my opinion that if you work and are not paid, the Company is putting itself in jeopardy ...
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| Docking pay for missing timecard punches | 3/6/2009 |
Q: Sometimes staff members forget to document (punch in or out) times on their timecards. Most often, ...
A: Jan: If the company knows you have worked, they are obligated to pay you. So, if you fail to punch ...
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| Minimum wage on commission based job - FLORIDA | 3/5/2009 |
Q: I am in Florida and my husband is a car salesman for a major dealership. Recently, his dealership ...
A: Ms. Leon: The minimum wage law provides one receives at least minimum wage for hours worked. It ...
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| Lowered Commission Rate | 3/5/2009 |
Q: I am a hairdresser in PA. I was hired as an "at will" employee to recieve 50% (minus taxes) of all ...
A: Abigail: She cannot drop your commission rate for work done under the previous rate, so any work ...
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| FMLA | 3/4/2009 |
Q: I was out of work for 1 week with bronchitis. I turned in a "Return to Work" signed by the doctor ...
A: Lynn: Presume your company and you qualify for FMLA. As I understand it, you requested FMLA from ...
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| working after termination | 3/4/2009 |
Q: I'm a salaried employee working at a company that's recently been taken over. While I was away on a ...
A: Lydia: If your termination is immediate, you do not have to perform any work at their direction, ...
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| vacation accrual | 3/3/2009 |
Q: Were in CA. My company vacation policy states, “vacation accruals may not exceed 1.5 times an ...
A: Sandy: Here is a web site that addresses CA vacation law. ...
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| Salary Reduction/Pay Deductions | 3/3/2009 |
Q: I work for a large oilfield company and with the economical strains everyone is feeling we are being ...
A: Misti: No cap on the percentage your pay can be cut, that is up to the Company, and to you, if you ...
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| Insurance Benefits | 3/3/2009 |
Q: What happens when an employer cancels their employees insurance benefits without telling them but ...
A: Bev: Under such circumstances, they are withholding a part of your pay for something you are not ...
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| Laid off, told it's temporary, replaced | 3/2/2009 |
Q: In Michigan, I was laid off. During the exit interview I was told I would be recalled the first week ...
A: Ruth: If the layoff was seniority based, under the terms of a collective bargaining agreement, the ...
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| Working for sick employees | 3/2/2009 |
Q: I work in the IT department there are six of us: President, Vice President, three IT guys and a ...
A: Ernest: Absent an employment agreement or collective bargaining agreement that says you cannot be ...
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| Time Clock for 24-hour Resident Manager | 2/28/2009 |
Q: Our company has just instituted a policy which requires that all managers use the time clock to ...
A: Ken: I would pose the question to Management, asking if they wish you to put down all the hours you ...
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| wrongful termination | 2/28/2009 |
Q: I was terminated from my job for "violating a safety policy". I was injured while putting together a ...
A: Jo Ann: I doubt it, given what you have said. Most wrongful termination lawsuits are based on ...
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| Wrongful termination & withholding final paycheck | 2/27/2009 |
Q: I was recently terminated from my position as a store manager with a dollar store. The reason I was ...
A: Brandon: I believe you would have difficulty making a successful case. At the end of the day, the ...
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| pay stubs | 2/27/2009 |
Q: I live and work in phoenix arizona I've been working at my job for about 5 months at my job we get ...
A: Josh: I do not see a AZ law specific to your problem. I would put the request in writing to my HR ...
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| commission based employee | 2/27/2009 |
Q: if i am paid on commission, is it legal for the employer to ask me to do extra cleaning around our ...
A: Lauren: It is not illegal for you to be asked this, but you may be entitled to minimum wage if you ...
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| age discrimination | 2/27/2009 |
Q: This week I was laid off. The reason given was "the economy." I have excellent performance reviews ...
A: Ernie: You certainly have a complaint under EEOC, but the validity depends on the answer given by ...
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| lunch breaks, breaks etc | 2/26/2009 |
Q: I work at a convenience store in WV. We work a lot of 8 plus hours a day and get no lunch breaks or ...
A: Elizabeth: Sorry, missed the WV in your first question. Below is from the WV state web site. It ...
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| Discipline letter | 2/26/2009 |
Q: After a disagreement with a co-worker, my supervisor and I spoke,I apologized and received an e-mail ...
A: Marian: I see nothing in North Carolina law that addresses these issues. I would request a copy of ...
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| Arbitrary Change in Territory Plans/Commissions | 2/25/2009 |
Q: Is it legal in California for a company to arbitrarily change a salesperson's territory, or to ...
A: David: It is not illegal for a company to do this. No state of federal statute prohibits this ...
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| Employment - Resignation | 2/25/2009 |
Q: I have been working for my company fro 3 years now, and recently found another job. They want me to ...
A: Saika: I would go to you current employer and tell them you intend to leave in 2 weeks. They ...
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| Employment at will | 2/25/2009 |
Q: If a person is employed "At Will" and therefore does not need to give notice of ending employment, ...
A: Lydia: There is no law against a former employer saying that. Most former employers do not give ...
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| Paid time off question | 2/25/2009 |
Q: i'm about to be laid off from my job. I've accrued 300plus hours of PTO, which is written on my ...
A: Mike: Here is the web site of the portion of CA code addressing the issue. Looks like the answer is ...
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| FMLA | 2/24/2009 |
Q: I have been working for my company for 2 years and about a week after I told them I was pregnent ...
A: Kelly: If you work for a company that is governed by FMLA, and if you qualify for same, or if you ...
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| union decisions | 2/24/2009 |
Q: Our union contract read as follows,(the opportunity to acquire a particular skill block or ...
A: John: I think the short answer is yes, they have the right to interpret the CBA in this manner. ...
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| Exempt overtime requirements in Maryland | 2/24/2009 |
Q: I have read your response to the person in North Carolina. Is this also the case in Maryland? My ...
A: Stephanie: If you are truly on an exempt position as defined by the Dept of Labor, and your company ...
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| Employment Termination | 2/18/2009 |
Q: Does an Employer have to notify an employee of their termination? Recently my employer stopped ...
A: Cory: To my knowledge, there is no federal law saying an employer must notice an employee of ...
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| Employment Law- Final Check | 2/18/2009 |
Q: If an employee has provided a 2 week notice, when is the final check to be provided? ANSWER: ...
A: Adriana: This should help, see below. From the CA website under employment. An employee without a ...
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| 4 weeks notice...employer chose to end employment that day | 2/18/2009 |
Q: ..we live and work in Ohio...my husband recently turned in his resignation letter to his employer ...
A: Sonia: Typically if no service is performed, no pay is due. The 4 weeks notice required by the ...
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| Lunch breaks | 2/12/2009 |
Q: I live and work in Maryland and work for a company called acs. I know that state law and federal ...
A: Justin: If state law does not mandate this issue, then it is up to company policy. If that is the ...
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| Time Clock Question for Salaried Employees | 2/12/2009 |
Q: I work for a Public School in Arkansas. We are issued yearly contracts at the beginning of your ...
A: Teresa: Companies have various reasons for requiring employees to clock in and out. Included is ...
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| FMLA request | 2/9/2009 |
Q: Is it the employee's obligation to ask his/her employer to take FMLA, or should an employer who ...
A: Kelly: I do not know of a court that has ruled it is the employers responsibility, but many ...
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| laid off, signed release, but amended it | 2/6/2009 |
Q: I was recently advised I was being laid off. There are many side issues, and I firmly believe I have ...
A: Leslie: Most states have laws that require you be paid all monies owed when you leave the service ...
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| Heart transplant effects shift changes | 2/5/2009 |
Q: Started new job / company 2nd shift 2 yrs after heart transplant. Did poorly healthwise and job ...
A: Pat: I would have my Doctor write a letter to the Company and explain that it would be adverse to ...
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| Laid-off - my position posted - California | 2/4/2009 |
Q: My boss (Branch Manager) and I (Asst Branch Manager) were both laid-off the same day without ...
A: David: If the reason is performance, and the positions have been filled already, I do not see how ...
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| Termination after undergone for an emergency surgery | 2/3/2009 |
Q: One of my friend had a ruptured ectopic pregnancy and she undergone for an emergency surgery on ...
A: Tiju If the company is covered by federal Family Medical and Leave Act, (and that is determined by ...
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| Layoff & accrued vacation | 1/28/2009 |
Q: Place: SC My company has allowed the accruing of vacation and the carry over of 45 days for as long ...
A: Ted: I do not see any SC statute that governs how vacations and sick leave is handled, therefore ...
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| wrongful termination over rumors | 1/27/2009 |
Q: My boss was fired yesterday for having poor judgement resulting from a pool party from this summer. ...
A: Brian: You do not say, but my guess is that you are an "at will" employee, meaning you work there ...
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| Holding paycheck @ office | 1/27/2009 |
Q: I live in NY. I recently quit my job, now they are holding my paycheck at the main office over an ...
A: Megan; I believe they are obligated to get the last paycheck to you the same way and location as ...
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| Severence Package for Part-Time job | 1/26/2009 |
Q: I have am a resident of Maryland. I have a Full Time job and a part-time job. I recently found out ...
A: Michael: Here is the web address for questions on pay in Maryland. If you qualify for the ...
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| Reduction in Pay | 1/24/2009 |
Q: The company I work for was purchased by another much larger company. While I was indispensable to my ...
A: Melanie: I only have the information you give, and you did not give the gender of the other people. ...
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| Reduction in Pay | 1/23/2009 |
Q: The company I work for was purchased by another much larger company. While I was indispensable to my ...
A: Melanie: In order for a case to exist, adverse employment action must take place against a person ...
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| Unexcused Absense -medical reason | 1/22/2009 |
Q: I submitted a doctor's letter for my absence at work the day of my absence. I called into work ...
A: Annie: The only law out there I am aware of is the Family and Medical Leave Act, and without more ...
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| FMLA Eligibility | 1/21/2009 |
Q: I started with my Employer in May 2008 and had my baby in Nov 11th 2008. I used my preganancy ...
A: Priya: An eligible employee is an employee who has been employed by the employer for a least 12 ...
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| Age Discrimination | 1/19/2009 |
Q: I understand that a person has 300 days to file regarding age discrimination. I was passed over for ...
A: Sharon: From the EEOC web site, here is the info you requested. It is calendar days, not work ...
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| Being laid off and company rehire someone else | 1/17/2009 |
Q: My cousin was laid off in October from a Nissan Dealership in Southern California in October 08. She ...
A: Kim: It is not illegal. Companies are typically free to lay off employees as necessary, and in the ...
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| 8 hr work days | 1/17/2009 |
Q: I am an hourly employee at a hotel. I work the front desk. We do not have any scheduled breaks or ...
A: Jon: What state do you work in? Typically states do not take a position on lunch or breaks, but ...
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| Pregnancy Discrimination? | 1/17/2009 |
Q: I am in the early stages of pregnancy. I work in California in management, and have worked for my ...
A: Danielle: Statutes do not cover each and every situation specifically. The question is this, was ...
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| Pregnancy Discrimination? | 1/16/2009 |
Q: I am in the early stages of pregnancy. I work in California in management, and have worked for my ...
A: Danielle: If your company has 15 or more employees,it is governed by the federal Pregnancy ...
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| working from home | 1/15/2009 |
Q: Can a company force you to work from home without compensating you for the expenses of doing so? In ...
A: Lynn: They cannot force you to work out of your home unless you have a contractual agreement to do ...
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| Salary employee calling in sick 10 minutes late | 1/15/2009 |
Q: My company requires that you call in 30 minutes before you scheduled start time. I was sick with a ...
A: Sharon: There is nothing illegal in what you describe. State and Federal laws do not govern how a ...
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| FMLA | 1/14/2009 |
Q: If a church has a preschool, but has less than 50 total employees, are the employees covered by ...
A: Rachael: My read of the law is no, given the employees are on the Church's payroll, and there are ...
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| verbal contract | 1/9/2009 |
Q: About 4 months ago I hired on @ a new land surveying company and was told that there was no company ...
A: Michael: Unless you have something in writing that says you will be paid, even if they change the ...
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| PTO for Management | 1/9/2009 |
Q: My Director of HR states that as a manager I cannot use PTO unless I take a entire week off. She ...
A: Georji: I do not think that is correct. From the CA website on vacation Q&A: There is no legal ...
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| FMLA Pregnancy | 1/8/2009 |
Q: and thank you for your time and assistance. I just had a baby on 4/18/08, and was out on FMLA close ...
A: Miriam: It depends on how your company calculates the twelve month period in which you count hours ...
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| labor law or discrimination | 1/7/2009 |
Q: am a female engineer. I have been working for my current employer, an electronic devices company in ...
A: Fay: It sounds as though the least you should do is raise the question regarding why your co-worker ...
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| Pay Decrease | 1/1/2009 |
Q: We live in Michigan. Yesterday afternoon, everyone at my husband's work was told that effective on ...
A: Susan: You are correct on the wages earned in the past. From the Michigan State web site: Wage ...
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| small business | 12/31/2008 |
Q: I have a LLC in Ga. I subcontract under a larger business. I have employess that work for my ...
A: Becca: From the Georgia Department of Labor: When an employee is separated from my company, am I ...
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| Lost Pay Checks | 12/29/2008 |
Q: My son works for Firestone full time and has not been paid his regular pay since last Wednesday ...
A: Karla: From the Texas website: Rights, Duties and Obligations Each employee who is exempt from ...
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| Penalities for failing to attend a social event | 12/27/2008 |
Q: I'm a salaried manager in Michigan. I was informed I must attend a mandatory non-business related ...
A: Sophia: The state of Michigan is silent on the issue. It does require that mandatory training be ...
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| Possible lay-off | 12/26/2008 |
Q: I am a female, 61 years old, 29 years with the company and we have been told there will be layoffs. ...
A: Connie: If this is a layoff by way of seniority, just make sure it is done in seniority order. If ...
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| confidentiality | 12/23/2008 |
Q: When an employee calls in sick or any other reason, should that information be kept confidential and ...
A: Sandra: Such information should be kept confidential if the information is giving details about the ...
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| Workweek vs. pay period | 12/23/2008 |
Q: I work in California. My timesheet ran Sunday to Saturday, 11/30/08 to 12/06/08. Sunday, 11/30, I ...
A: Luis: I believe you should get the overtime. From the California web site under overtime FAQ's: ...
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| Notification of Furlough | 12/23/2008 |
Q: My husband's company announced several weeks ago that their plant would be closed from Dec 24 - Jan ...
A: Julie: You don't say what state you are in, so I cant speak to state law. On the federal side, ...
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| Never received raise | 12/19/2008 |
Q: In November I was told that starting 12/1/2008, I would be receiving a raise. 12/5/2008 was my last ...
A: Renee: If you have it in writing, I would try to force their hand by way of writing a letter to ...
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| accrued sick and vacation pay | 12/18/2008 |
Q: mcdonalds is a big company. why have they taken away accrued vacation and sick pay from the ...
A: Sylvia: Most McDonalds are franchised, this is, owned by private owners, who pay a franchise fee to ...
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| Resigning from a job - vacation days | 12/16/2008 |
Q: I have read the questions about this topic above but I am curious about Michigan state law when it ...
A: Leigh: Even if the company does not have a handbook, it has a past practice, ie a practice ...
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| Being outsourced | 12/15/2008 |
Q: My entire department (medical transcription) of about 50 people is probably being outsourced to a ...
A: Laurie: You do not have to take the job with the outside company. The decision to work or not, for ...
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| termination | 12/14/2008 |
Q: Can an employer terminate an employee once the employee has submitted their letter of resignation?
A: Sonda: The short answer is yes. What many times happens is an employee gives a two week notice of ...
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| Hourly Requirements for Salary Employees | 12/12/2008 |
Q: My paycheck says 40 hours. Am I required to work more than that and if I don't can I be ...
A: Bill: Salary employees are usually on "Exempt" exempt positions, meaning exempt from overtime laws. ...
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| Write ups | 12/11/2008 |
Q: ..I was recently injured and have been on disability for 1 1/2 months. Now that I'm able to go back ...
A: Brian: You do not have to sign write ups for them to be valid, your signature only confirms you ...
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| hostile work inviroment | 12/11/2008 |
Q: I recently left my job because of hostile work environment I have earned 174 sick hrs and three ...
A: Steven: Maine does not regulate this issue, other than to say the company must follow its ...
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| Employment law | 12/10/2008 |
Q: Is it illegal for your boss to tell another employee to clock you out, even if your right by the ...
A: Vincent: It is not illegal for the boss to do this. It certainly is not a good practice. ...
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| mandatory meetings | 12/4/2008 |
Q: I work for a non profit organization. I am required to attend mandatory meeting two times a month. ...
A: Lesley: Copy and paste this into a browser. It says that Texas does not address this specifically, ...
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| Work Hours | 12/4/2008 |
Q: I work in a position where I am paid hourly only if I secure clients for the company. The demands ...
A: Jake: You are correct. Most states have laws covering minimum wage, even for commission employees. ...
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| layoff legality | 12/4/2008 |
Q: I was recently laid off from a company in which I had worked for six years. I beleive my layoff was ...
A: Suzanne: If there are no employment agreements involved or collective bargaining agreements, ...
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| layoff legality | 12/4/2008 |
Q: I was recently laid off from a company in which I had worked for six years. I beleive my layoff was ...
A: Suzanne: If the person who replaced you is 40 or older, you will be hard pressed to have an age ...
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| hourly vs bonus raise | 12/3/2008 |
Q: I work in a small office (13)employees. All employees received an hourly raise, but I received a ...
A: Patricia: Yes, this is legal. You received a lump sum payment, called a bonus, instead of an ...
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| Madatory overtime for hourly employees? | 12/2/2008 |
Q: I was wonderingif you could tell me if an employer can make or demand mandatory overtime? I work for ...
A: Greg: Without knowing details about your company I can only give a general answer, but yes, ...
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| Estimating hours not yet worked | 12/2/2008 |
Q: Some hourly employees at my place of work estimate the hours they will be working from the day time ...
A: Connie: Estimating is ok as long as there is a true up on the next pay period. Happens very ...
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| boothrenter 1099? | 11/28/2008 |
Q: I own my own hair salon and booth rent my stations for a flat fee weekly.I am in the process of ...
A: Laura: If she is only paying you rent, and you are not collecting any monies for the business she ...
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| Forced to Take PTO time in order keep medical insurance | 11/26/2008 |
Q: I am a four year employee at an architectural firm that is been forced to cut back on the hours that ...
A: Jennifer: Typically states do not allow employers to withhold employees pay for any reason short of ...
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| Forced to Take PTO time in order keep medical insurance | 11/26/2008 |
Q: I am a four year employee at an architectural firm that is been forced to cut back on the hours that ...
A: Jennifer: It is only discriminatory if they made the decision on the basis of race, age, gender, ...
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| Forced to Take PTO time in order keep medical insurance | 11/26/2008 |
Q: I am a four year employee at an architectural firm that is been forced to cut back on the hours that ...
A: Jennifer: The short answer is yes. Companies may administer their health care plans as long as ...
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| Salary and Vacation | 11/26/2008 |
Q: I am a part-time salaried employee of 17years. The company is making large profits and many are ...
A: George: Freezing ones salary, or paying lump sums instead of raising the yearly compensation is ...
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| Is policy discriminatory? | 11/25/2008 |
Q: I am writing a policy handbook for a very small, private employer (fewer than 20 employees). For ...
A: Katie: You would not be discriminating if you hold the position for for less days if on a personal ...
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| how many hours does a salaried employee actually owe | 11/23/2008 |
Q: I am a salaried employee in Virginia. I have not been given a formal position description for my ...
A: Jon: Without information on exactly what you do and the type of Company you work for it is hard for ...
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| being asked to do something not in job description | 11/23/2008 |
Q: are you required to do something that is not in your job description. For example, my job is to do ...
A: Robert: Absent a collective bargaining agreement, or similar employment agreement that prohibits ...
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| Termination | 11/22/2008 |
Q: Good Morning, This is a strange situation in a very small town in Alabama. My husband does aviation ...
A: Susan: You will not like the answer, I am afraid. Whether an employee or a contractor, the person ...
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| Mandatory time off in Florida | 11/21/2008 |
Q: My employer is requiring us to take time off due to economic conditions. One of the requirements is ...
A: Rob: No law in FL like this that I am aware of. Typically, states do not regulate vacation ...
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| Voluntary Layoff Severance Program | 11/21/2008 |
Q: I, along with everyone employed, about 2,500 have been offered a Voluntary severance package ...
A: Sandy: Typically, severance programs are intended to get a certain number of positions eliminated. ...
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| Questions regarding resignation and 2 weeks notice | 11/21/2008 |
Q: I'm located in New York State and this week I informed my employer that I was resigning and gave 2 ...
A: Mike: They are not required to pay you for time not worked. They are required to pay accrued and ...
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| Vacation denial | 11/20/2008 |
Q: Is it legal for an employer to deny vacation benefits. I have accrued 80+ hours of vacation and my ...
A: Dana: Vacations are typically not mandated by federal or state laws, therefore vacation policies ...
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| vacation pay | 11/19/2008 |
Q: worked for a Condo/hotel in Texas for twenty plus years have always recieved vacation pay. Was a ...
A: Louis: It is completely up to Company policy. If the company policy states vacation is paid out ...
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| Payroll on bi-monthly pay period | 11/18/2008 |
Q: WE currently changed from a bi-weekly to a bi-monthly payroll so instead of getting paid every two ...
A: Michele: From this web site: http://www.dir.ca.gov/dlse/FAQ_Paydays.htm In California, wages, ...
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| Varying Severance Packages in Florida | 11/18/2008 |
Q: Mr. Ballas - After 10 years of great work, reviews and recognition, I got laid off. I received 24 ...
A: Jancie: My concern now is that the junior counterpart did not tell you the truth. She can say ...
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| Varying Severance Packages in Florida | 11/18/2008 |
Q: Mr. Ballas - After 10 years of great work, reviews and recognition, I got laid off. I received 24 ...
A: Janice: Title VII protects against discrimination on the basis of age, gender, race, ethnic ...
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| PTO Cashout | 11/17/2008 |
Q: I work in MA and my employer allows a cash out of unused vacation and sick time at the end of the ...
A: Beverly: Typically you see employers do just what you describe, take out only taxes, since that ...
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| 1099 | 11/17/2008 |
Q: I work for a small Casino Ship in Florida, We the employees were paid as 1099 employees but was ...
A: Margaret: If the company is holding back taxes and social security from your pay, then you are an ...
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| 1099 | 11/16/2008 |
Q: I work for a small Casino Ship in Florida, We the employees were paid as 1099 employees but was ...
A: Margaret: If you did not fill out an application to work for the company, and do not have payroll ...
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| non-compete contract | 11/15/2008 |
Q: I signed a non compete contract after 7 years of employment and I felt I was coerced into signing it ...
A: Lorraine: I do not believe it matters when you signed the document, only that you signed it. That ...
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| Withholding paycheck | 11/15/2008 |
Q: My 16yr old son works for a company that withheld his paycheck because he does not have direct ...
A: Monique: Without knowing the state you are in I cannot research. My guess is they do not have the ...
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| mandatory furlough days for salaried employees | 11/14/2008 |
Q: Mr.Ballas, Not unexpectedly, our organization is experiencing the difficulties associated with a ...
A: Katheryn: I see no such statute. If I understand correctly, you and the other salaried employees ...
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| Status Changes & Court Appearance Pay | 11/14/2008 |
Q: Can an employee's status be changed from exempt to non-exempt and vice-versa at an employer's ...
A: Chris: A position and its duties is what it is. If it is truly exempt, it is exempt from certain ...
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| monies owed | 11/14/2008 |
Q: If an employee is working and at the end of the shift does his/her float and is short any certain ...
A: Terry: Hard to answer without knowing what state you are in but typically, the employer cannot ...
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| Employer underpaying | 11/13/2008 |
Q: I took a contract employment job with a fixed monthly salary. In return I was to submit sufficient ...
A: Matt: Without seeing the contract myself, it is hard to say for sure, but based off what you have ...
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| PAYCHECKS | 11/13/2008 |
Q: CAN MY EMPLOYER WITHOLD OUR PAYCHECKS UNTIL AFTER THE INTIAL PAYDATE? WE ARE SCHEDULED TO GET PAID ...
A: Kiana: Employers have the right to establish the day pay is distributed, as long as they meet the ...
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| employer asking health questions | 11/13/2008 |
Q: My husband is a contractor working on aircraft. He just started a job at a company, although the ...
A: Susan: The only reason I can think of the aircraft company would question about medicals is to ...
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| Termination after relocation | 11/12/2008 |
Q: I was relocated from Colorado to California by my company. I was in temporary housing with my ...
A: Tim: Absent an employment contract that prevents termination for a period of time, or has a clause ...
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| payroll | 11/12/2008 |
Q: if my payday fell on a federal holiday, is my employer required to pay me the business day before ...
A: Heath: Companies are allowed to make this type of decision on their own. There are regulations out ...
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| charging employees for broken dishware | 11/11/2008 |
Q: Is it within legal rights for a restaurant to charge employees for broken dishware? ANSWER: ...
A: Natosha: This is legal only if the employee has agreed to it in writing. Copy and paste the below ...
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| hourly employees and clocking in | 11/11/2008 |
Q: We don't have a punch time card system just a manual write in log. Our employer has recently ...
A: Sandra: You must be paid for the time worked. So, if you punch in 5 minutes ahead of your start ...
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| Please help! I was fired before my health benefits started, and I'm pregnant. | 11/11/2008 |
Q: I was just recently discharged from Terminix (Service Master Company Branch); one month before my ...
A: Johana: The fact you are pregnant does not protect your from discharge in and of itself. If you ...
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| Write ups that shouldnt be | 11/10/2008 |
Q: Early this morning I called my work to let my manager know that I was not going to be attending work ...
A: Bryan: Supervisors cannot force you to provide details of your illness. Many companies have rules ...
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| Employment Agreement Termination | 11/10/2008 |
Q: Ballas, I had an at-will employment agreement with a small start-up company that agreed to pay me 6 ...
A: JT: Without seeing the agreement, I cannot state for certain, but absent any language that requires ...
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| laid off after giving surgery notice | 11/10/2008 |
Q: Was I discriminated agaist or wrongly let go because i gave notice for a rotator cuf surgery & a ...
A: Nunzio: I hesitate to say yes to your question with such limited information. I need to know ...
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| payroll check out of the envelope | 11/8/2008 |
Q: I tossed a check in the garbage by accident. I dug through the trash and found it. It was covered ...
A: Daniel: Not true, to my knowledge. You do not say if you are a Supervisor of the terminated ...
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| I did not recieve my paycheck from my employer and payroll checks bounce | 11/8/2008 |
Q: I have worked for the same company for over 3 years. The owner of the company has not paid anyone ...
A: Michelle: Without knowing what state you are in, I can only advise that under Federal law, if the ...
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| Please Help! holding paycheck!?!?! | 11/7/2008 |
Q: My fiance went to work for a family friend at a privately owned hardware store. He was working for ...
A: It sounds as though he was not really an employee. By that I mean, did he fill out an application, ...
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| Girlfriends picking up paychecks | 11/7/2008 |
Q: Is there a standard letter I can have an employee sign to allow for a girlfriend or friend to pickup ...
A: Jennifer: I have not seen any such standard letter. I personally would not allow anyone who is not ...
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| Overpaid wages | 11/7/2008 |
Q: My daughter's employer discovered that her supervisor was overpaying employees as far back as a ...
A: Susan: Typically not. Check your states website under employment and see if you can find something ...
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| forced to attend church service for work | 11/7/2008 |
Q: I am a preschool teacher at a local church and was told when hired we were not required to be ...
A: Cindy: I do not believe the church can legally take adverse employment action against you for ...
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| 90 day probation period - Bus days or actual 90 days? | 11/6/2008 |
Q: My new employer in Florida hired me and said in my offer Email that i would have a 90-day Probation ...
A: Nancy: Probation periods are not regulated by local, state, or federal statues, unless you are ...
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| raise | 11/6/2008 |
Q: I work in a company for about 3 years now, I started as a receptionist and as the time went by I ...
A: Well, the fact you were promised the raise, and yet have not gotten it, is an issue between you and ...
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| W-2 to 1099 switch mid-year | 11/6/2008 |
Q: I am a hair stylist. I have worked at the same salon for over 4 years, and have been paid on W-2 ...
A: Molly: You can certainly prepare a contract and present to the owner, although that is typically ...
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| emp vs. ind. cont.? | 11/5/2008 |
Q: I was recently involved in an auto accident while getting lunch, at the request of my employer, for ...
A: Susan Ok. The first website is from Florida, and talks about minimum wage in Florida. The second ...
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| Salary employee | 11/5/2008 |
Q: I am a salary employee of a business with 7 employees. I have 15 days of vacation/sick time per ...
A: RaChauna If you are truly a salaried employee,and the employer does not pay for time worked, then ...
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| alteration of time card | 11/5/2008 |
Q: Can a supervisor change an employee's time card to indicate hours worked are not overtime, is this ...
A: Mary: Go to this website, it will tell you about the overtime laws. ...
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| W-2 to 1099 switch mid-year | 11/5/2008 |
Q: I am a hair stylist. I have worked at the same salon for over 4 years, and have been paid on W-2 ...
A: You should get a form 1099 at the end of the year that shows what you made as a contractor. You are ...
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| emp vs. ind. cont.? | 11/4/2008 |
Q: I was recently involved in an auto accident while getting lunch, at the request of my employer, for ...
A: Susan: You have not really posed a question, but, depending on the state you are in, my guess is ...
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| alteration of time card | 11/4/2008 |
Q: Can a supervisor change an employee's time card to indicate hours worked are not overtime, is this ...
A: Mary: Employers typically must pay overtime for more than 40 hours per week, if they are subject to ...
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| Furlough & Tuition Reimbursement | 11/4/2008 |
Q: I work at a company that requires employees to pay back any tuition reimbursed within the past year ...
A: Neil: The furlough has nothing to do with the payback, except the employee is not working, ...
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| Worked hours not paid | 11/4/2008 |
Q: My husband works for HOpe Coal COmpany in Central Alabama. He worked salary @ $2300 per week. His ...
A: Michael; This is against the Code of Alabama Section 25-3-4. You must be paid for time worked. ...
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| Plant Manager--I report to him | 11/3/2008 |
Q: After an argument, he told me he had one thing to say to me F--- You. Is there anything I can do ...
A: Alicia: You can certainly complain to his Supervisor about the harsh language. You could, if you ...
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| docked pay | 11/3/2008 |
Q: My daugther's pay was docked 2 hours. Boss said because daughter did a college report on boss' time. ...
A: CJ: Typically, time worked must be recognized and paid by the employer. If one uses company time ...
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| Salary Increase after a reduction in workforce | 11/3/2008 |
Q: A local company in Nebraska had a 25% reduction in their workforce. My husband's position was ...
A: Kandie: The decision to increase compensation or not for a position is that of the company, and ...
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| Laid off for no reason | 11/3/2008 |
Q: I was just wounder what its called when you can get laid off for no reason @ the work place, they ...
A: Kathy: Yes, that is commonly done. The term is typically called "at will employment", meaning you ...
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| beening told i have to work 5 days . | 11/1/2008 |
Q: does my employer have the right to force me to work 5 days?we normaly work 4 13hour days,and get ...
A: Mark: The company can change your working days and hours, as long as they give you notice of the ...
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| commission employee | 11/1/2008 |
Q: What right as an employer do I have in asking that our esthicians must stay at least 4 hours each ...
A: Lisa: If they are truly employees and not independent contractors, the following applies. If you ...
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| terminated for job abandonment | 11/1/2008 |
Q: I was hired as a summer nurse extern in 6/07. It was explained that I would receive per diem pay for ...
A: Melissa: Most companies do not provide details on why an employee leaves the service of the ...
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| Wages | 10/31/2008 |
Q: Is there a law that companys have to follow if you are server once you can no longer earn tips and ...
A: Jami: I need to know what state you are in to answer for sure, but generally, yes, if you work for ...
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| Who is supposed to be on salary | 10/31/2008 |
Q: I am a field service technician for the oil field pumping units in California. I was hired on as a ...
A: Anthony: Typically, salaried employees are ones who supervise others, and those who make ...
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| HR Compliance | 10/30/2008 |
Q: I was recently let go from a midsize privately owned company. I was let go because I wanted to put ...
A: Cindy: Without knowing the state you are in, I don't know if you can remain anonymous. Also, if ...
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| Resignation & Firing | 10/30/2008 |
Q: I live in New York state. I gave my two week notice and then got fired. Do I get paid for the two ...
A: Arlene: I can find nothing in the statutes that state you be paid for the two weeks if you did not ...
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| PAYROLL BOUNCED? | 10/30/2008 |
Q: i live in Ohio. I recently terminated employment with my ex boss due to financial strain on his ...
A: Jordan: Copy and paste this address into a browser. It has information on Ohio statutes pertaining ...
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| Sign-on bonus repayment | 10/29/2008 |
Q: I accepted a position in Arizona that includes a sign-on bonus. Basically it's three paragraphs: 1) ...
A: Without seeing the agreement, it is impossible for me to say for certain. That said, if the ...
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| Not getting paid for work | 10/29/2008 |
Q: How long does and employer have to pay compensation to you for hours worked in Michigan? I get paid ...
A: Theodore: You should be paid for the time worked on the next regular payroll. You have waited an ...
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| Mandatory meetings and overtime | 10/29/2008 |
Q: At my workplace, our time clock has options to clock in as "productive" or "non productive". My ...
A: La does not have statutes on ot/minimum wage etc. From the LA website: Questions Concerning ...
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| Mandatory meetings and overtime | 10/28/2008 |
Q: At my workplace, our time clock has options to clock in as "productive" or "non productive". My ...
A: Carol: I have to know what state you are in, and if there is a Union agreement or other employment ...
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| Salareied employee rights | 10/28/2008 |
Q: I was a supervisor on salried pay. When placed on salary, I was advised that I no longer needed to ...
A: Scott: Without knowing what state you are in it is impossible for me to say for certain. ...
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| Changing Job Duties | 10/28/2008 |
Q: I have a civil service job for Sacramento County. I am a licensed contractor and an engineer. I was ...
A: John: I know of no law that states a job description cannot be changed by a company or a public ...
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| employee scheduling | 10/27/2008 |
Q: if i go into work for my 10am-4pm shift and during that time the person who is supposed to be in at ...
A: Jessica: Absent a collective bargaining agreement, or employment agreement that says you cannot be ...
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| prenancy laws | 10/27/2008 |
Q: I was recently told by my employer I could only work in the store if there was another person ...
A: Frances: Below is information of your rights under current Federal Laws pertaining to Pregnancy and ...
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| Questions about health, healthcare appointments | 10/27/2008 |
Q: Sorry to bother you with this, but I have no where to turn. I live in Arizona, and am in a ...
A: Kay: I simply cannot find anything in the Arizona statutes, so I looked for the federal HIPPA ...
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| Fifth Amendment/Promotions/Prof. Occupations w/ No Degree | 10/26/2008 |
Q: 1. What laws are there regarding your employee rights and the Fifth Amendment? 2. Can HR ensure ...
A: Sara: Freedom of speech does not mean one can say anything they wish. In the work setting, ...
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| Fifth Amendment/Promotions/Prof. Occupations w/ No Degree | 10/25/2008 |
Q: 1. What laws are there regarding your employee rights and the Fifth Amendment? 2. Can HR ensure ...
A: Sara: The first is a difficult question, and I need to know the circumstances surrounding the ...
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| SC laws regarding notice | 10/25/2008 |
Q: I want to know if in the state of South Carolina, once you give a notice (2 weeks) and they let you ...
A: Kaycee: If you resign in writing with 2 weeks notice, and are let go without pay for the last week, ...
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| Final Paycheck | 10/25/2008 |
Q: I was terminated because of the "economy" and received my final paycheck from the managing ...
A: Tara: This is unusual, to say the least. You worked for the company, not the individual, but, the ...
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| Salaried Manager | 10/25/2008 |
Q: I have an salaried manager who has been employed with us for 6 months. Our salaried managers work ...
A: Patricia: What does the Dr's note say as to why she cannot work more than these hours? You should ...
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| Schedule change | 10/24/2008 |
Q: I am a non exempt employee in CA and I was told from the day that I was hired that everyone in the ...
A: April: You state they have asked you to work, implying the choice is yours. I do not think they ...
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| Employer not wanting to pay me for hours work | 10/24/2008 |
Q: I had to quit because i move to Maryland and the Owner Sherri said she will not pay me for the back ...
A: Bruce: By NJ statute, you must be paid out the compensation due you for the work performed. The ...
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| Public School employee in Colorado | 10/24/2008 |
Q: I am an assistant in a public school located in the state of Colorado. We have many meeting during ...
A: Alicia: According to Colorado's website, it is not legal. Copy and paste the web address below ...
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| With holding all final monies for hours worked | 10/24/2008 |
Q: This week I terminated my employment i do know that when i quit that the employer has 72 hours to ...
A: Paula: Without knowing the state you are in, I cannot state for certain. Typically, an employer ...
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| Time without pay versus vacation pay | 10/24/2008 |
Q: I receive one week of vacation every year for the first three year and then two weeks. My ...
A: Karen: If the Company does not have any published policies on matters like this, Supervisors are ...
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| Exempt Managers | 10/23/2008 |
Q: I work for a small restaurant in Florida, and I am the only manager. Last Christmas we were going ...
A: If your position is really more management than anything else, you are not likely due any overtime. ...
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| Payroll | 10/23/2008 |
Q: I'm a waiter at a Mexican restaurant, i get paid 3.15 dollars per hour, i work 40 hours a week and i ...
A: Harvey: Impossible for me to say why your check has dropped so much. Are you still paid every 2 ...
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| Nebraska Wage Payment & Collections Act | 10/23/2008 |
Q: I recently went part-time at a job to pursue another full-time job. When I dropped down to part-time ...
A: John: Looks like you can file a complaint under that Act. The first website address takes you to ...
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| Docked Pay | 10/22/2008 |
Q: Recently the employees at the Public Library that I work at received a memo about time cards stating ...
A: Ann: I really need to know what state you are in, and what city employs you. Public workers can ...
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| salon wages for commisioned employees in IL | 10/22/2008 |
Q: So I saw this question posted on Pennsylvania, how about IL? Can you list the legal information to ...
A: Miguel: Have checked the Illinois state website and cannot find a direct reference to commissioned ...
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| late paycheck | 10/22/2008 |
Q: I am employed in AZ and we are supposed to be paid every other Friday, the company I work for is ...
A: Kristin: The below Q&A is off the Arizona state website. Here is the address, copy and paste into ...
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| Hiring | 10/21/2008 |
Q: I recently became aware of a position opening in my department that I had applied for previously. ...
A: Gail: The Manager is free to hire as she sees fit, as long as she does not discriminate on the ...
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| Large Company taking away lunch breaks from employees. | 10/21/2008 |
Q: Ballas, I have a question, I already know the answer, but I want to hear it from an expert. My ...
A: Jennifer: Copy this website and paste into your browser. It is from the Texas state website, and ...
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| independent contractor/booth renter in a Hair Salon | 10/21/2008 |
Q: I am a hair stylist in a salon and we are called independent contractors. We supply all our own ...
A: Anthony: As an independent contractor, you are paid via a company check with no taxes withheld. ...
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| Colorado law-restaurant server errors | 10/20/2008 |
Q: In Colorado, is it legal for restaurants to make their servers pay out of their own pocket when an ...
A: Melissa: No, it is not allowed under Colorado statute, in fact this is an example expressly used as ...
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| Salaried employee | 10/20/2008 |
Q: When I first started in my position I was under the assumption that I was an hourly employee, after ...
A: Kathy: The test for Salaried vs hourly is usually questions like, do you supervise others, do you ...
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| Mandatory Meetings | 10/20/2008 |
Q: I read your response about mandatory meetings and that you should be paid for them. I also went onto ...
A: Kristin: Mandatory meetings that are considered service to the company must be compensated, by ...
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| Unsigned Relocation Agreement | 10/19/2008 |
Q: Last spring, my wife was recruited for a job that required relocation to Texas. The relocation ...
A: Bill Logic tells me no, she is not liable to repay the relo money. I presume you did not keep a ...
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| Employment Termination | 10/18/2008 |
Q: My wife is an ultrasound technician in a department of 2 at a local hospital her in Des Moines IA. ...
A: I would call the Iowa Board of Nursing (Tel: 515/281-3255) and ask if there is a state statute that ...
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| Job Postings | 10/18/2008 |
Q: Our employees manual does not address part time job conversions to full time. A part time job is ...
A: Aaron: This is entirely up to the Company, and I have seen it done both ways. Absent any union ...
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| Got Laid Off | 10/18/2008 |
Q: I was laid off from my last job in June 2008 because they said they could not afford to keep two ...
A: Mike: No, unfortunately there is no statute that requires a severance package for someone who is ...
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| Unpaid Expense Reports | 10/17/2008 |
Q: I've worked for my company for about 18 months. During this time I have routinely submitted expense ...
A: Richard: I cannot find anything on it specifically. Not everything is addressed by state statutes, ...
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| Pay Reduction | 10/17/2008 |
Q: In the office where I work the boss said he was changing my job title and that because of the new ...
A: Lou: There is nothing to prevent the company from changing a position, adding or deleting duties, ...
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| Should I be getting paid to attend mandatory training ? | 10/17/2008 |
Q: I work in the state of Mississippi and at day-care. The state requires all employees to have 15 ...
A: Vanezza: Many companies do pay for such training, but some do not. Some companies require that ...
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| Bonus Pay Back | 10/16/2008 |
Q: I have an employment agreement that requires the recipient of a relocation/sign on bonus to "earn ...
A: John: If I understand correctly, your agreement says you must work one hour for each dollar ...
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| payroll deduction | 10/16/2008 |
Q: i am a delivery driver, my truck is preloaded at night by the warehouse personnel, when i arrive at ...
A: All I can find is the minimum wage law. If they deduct for missing product, and such reduction ...
|
| time clock | 10/16/2008 |
Q: is is illegal for a supervisor to alter an employee's time by manipulating the clock he punches ...
A: Curtis: If the supervisor is manipulating the time clock to inaccurately compute the hours actually ...
|
| Employment rules and regulations | 10/15/2008 |
Q: Is it legal for a Home Health Care agency, in New York, to forbid an employee from socializing with ...
A: Frank: There are not laws that govern each and every behavior. Companies may have policy and ...
|
| payroll deduction | 10/15/2008 |
Q: i am a delivery driver, my truck is preloaded at night by the warehouse personnel, when i arrive at ...
A: If they are deducting a portion of your pay for the alleged shortages, without your permission, then ...
|
| 1099 | 10/14/2008 |
Q: If a person works for a company temporary as 1099 on premises, does he/she entitle to overtime pay?
A: Inna: Typically, a person who is a contractor is paid the full agreed upon amount, with no taxes ...
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| FMLA and sick/vacation pay | 10/14/2008 |
Q: My mother is 67 years old and has worked at her job for 20+ years. Recently, my father became ...
A: Jeff: If your Mothers company allows employees to utilize paid time off (PTO) for the care of a ...
|
| Help!!! I need my money! | 10/14/2008 |
Q: Just April of this year I had finally received two paychecks from a job that I had quit with a 2 ...
A: You should file a claim with the State of California as soon as possible. Here is the website ...
|
| not getting paid for a days work when I don't punch out | 10/9/2008 |
Q: My employer does not pay us for any days that we forget to punch in or out. This does not happen ...
A: Teresa: It sounds as though you are getting paid, but late if you do not punch in and out. There ...
|
| Time-clock increments and payroll | 10/9/2008 |
Q: If an employee has a shift that ends at 3:30 p.m. and clocks out at 3:38 p.m., his time paid rounds ...
A: Deborah: Employers are required to pay for time worked. If you are working unauthorized overtime, ...
|
| Payroll | 10/8/2008 |
Q: If there was an error in my direct deposit and the money was deducted and never deposited should i ...
A: Corey: Not sure I understand what happen. There was an error in your direct deposit. Then, are ...
|
| not getting paid for hours worked | 10/8/2008 |
Q: i worked 40 hours overtime and did not get paid for them. my employer was informed and will fix it ...
A: Chris: Without knowing what state you are in, I cannot look the law. I think your best course of ...
|
| forced time off | 10/8/2008 |
Q: if i am a salaru employee, and i recently was given a week off of work without any explanation for ...
A: Connie: While what you describe is a bit unusual, there is no law against it unless the company has ...
|
| Insurance | 10/8/2008 |
Q: My husband was terminated from his job on July 8. A few days later we received a letter stating ...
A: Rose: Hard to be too accurate without knowing what state you are in, but employees typically have ...
|
| mandatory lunch | 10/7/2008 |
Q: In the state of Colorado is there a law that states you must take a lunch break at the end of five ...
A: Michael: Yes, there is such language under Colorado State law. Cut and paste the below site into a ...
|
| pto time | 10/7/2008 |
Q: I worked for a doctor in ohio. I was told verbally in the first month of employment that I had 10 ...
A: Danielle: My guess is the Doctor you work for is a practice with less than 15 employees, and no ...
|
| employment contract - issue? | 10/7/2008 |
Q: I was hired last May as the Sales Executive/Event Coordinator of a 3 year old Lodge in northern ...
A: Crystal: Here is a link to an employment contract between an executive and Las Vegas Sands, a hotel ...
|
| Severance Package in Florida | 10/6/2008 |
Q: I was demoted for no reason then told I had to transfer at a lesser position to another location ...
A: The answer is in the Company policies, as the State of Florida does not state companies have to ...
|
| Is this wrongful termination? | 10/6/2008 |
Q: I am a 20yr. old black female in Georgia. I don't know if that information is important but you may ...
A: Typically, employment in Georgia is considered "at will" meaning you work there because you want ...
|
| Hours worked not showing on pay stub | 10/6/2008 |
Q: I work in Orange County, NY. My pay stub does not show hours worked. I believe it should. What do ...
A: Mindi: Typically, this information is available to all employees. If you have not reported this ...
|
| Mandatory meetings off the clock | 10/6/2008 |
Q: I am a non-exempt employee in the payroll/hr field. My supervisor has just made schedules for after ...
A: If attendance is considered work, then she must pay you at least minimum wage. The problem is the ...
|
| cant work weekends | 10/5/2008 |
Q: i have worked at toys r us for 2 years now and my husband just joined the army and will be leaving ...
A: Kristen: It is up the the company to establish when employees work, and there is nothing illegal ...
|
| TRAVEL TIME | 10/5/2008 |
Q: WE MEET AT THE SHOP AND PICK UP OUR WORK TRUCKS. WE THEN DRIVE 1 HOUR AND FIFTEEN MINUTES TO THE ...
A: Michael: Hard to say without knowing what state you work in, and if there is a union contract or ...
|
| payroll deductions. | 10/5/2008 |
Q: I have been employed with a small franchise business for over a year and a half. Well, we just ...
A: Amy: During the 18 months, did you utilize the health care in any fashion? Also, when you were ...
|
| time card | 10/4/2008 |
Q: recently my employer have been docking my department for punching out early or before the end of the ...
A: There is no such law. Companies must pay at least minimum pay for hours worked, but are not ...
|
| Mandatory meetings off the clock | 10/3/2008 |
Q: I am a non-exempt employee in the payroll/hr field. My supervisor has just made schedules for after ...
A: Lisa: There is no law that prohibits the employer scheduling a safety meeting at a certain time. ...
|
| Discrimination after return to work | 10/3/2008 |
Q: I believe my company is imposing disciplinary action against me as a result of my return to work ...
A: Frances: If your leave was under the Family and Medical Leave Act, and if the disciplinary action ...
|
| commision work | 10/3/2008 |
Q: I am on commissioned only work for a pest control company. When there is no commission work I am ...
A: Robert: Per the info from the below website, you should be at least paid minimum wage if you are ...
|
| Holding of pay | 10/3/2008 |
Q: In Texas, can the employer hold employee's paycheck an extra week for not turning a report in by the ...
A: Gene: No, final pay must be made by the employer in keeping with the below language: Final Pay ...
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| Salary Question | 10/3/2008 |
Q: I am on salary based on 40hrs, If I only work 38hrs I am payed for 38hrs not 40 hence a short ...
A: Randall: Here is a link to a Virginia website that provides forms for reporting labor and wage ...
|
| Salary Question | 10/3/2008 |
Q: I am on salary based on 40hrs, If I only work 38hrs I am payed for 38hrs not 40 hence a short ...
A: Randall: Typically, if someone is a salaried employee, or exempt, as defined by wage and hour law, ...
|
| on call | 10/2/2008 |
Q: Can an hourly employee be asked to carry a company cell phone with them at all times and respond to ...
A: Herb: I think that can be required of the employee as a condition of employment. If one was ...
|
| increasing my goal | 10/2/2008 |
Q: I am a hourly/commission based employee, when i started my job 5.5 years ago i was told the we have ...
A: Lori: The short answer is yes, it is legal. To my knowledge, there is no law against a company ...
|
| Pay for travel out of town when an hourly employee | 10/2/2008 |
Q: I am required to travel from Oregon to Chicago for a market. I am wondering if I should be paid for ...
A: Latte54: Generally, when you are paid by the hour, and working away from your assigned office, ...
|
| timecards | 10/2/2008 |
Q: My supervisor has been clocking us out before we are done working and then letting us know what time ...
A: No federal law on this, to my knowledge. Let me know what state you are in, and I will check the ...
|
| Termination for absences | 10/2/2008 |
Q: I am an occupational therapist working for a physician-owned private practice in Pennsylvania. I ...
A: Julie: The answer depends on how many employees your company has. If 50 or more for 20 days or more ...
|
| confidentiality | 10/2/2008 |
Q: an employee of a nursing home facility gets terminated upon termination the administrator informs ...
A: Shel: I know of no federal law that makes this a violation. Typically, companies will reveal that ...
|
| Sick Days | 10/1/2008 |
Q: My employer is asking for a doctors note every time I take a sick day. I have been told that they ...
A: Gordon: My review of Michigan labor laws do not show any statute that says a company cannot require ...
|
| Failure to issue P/R check | 10/1/2008 |
Q: My last employer has failed to issue my final paycheck. I have called and left messages for him, ...
A: Beverly: From the Virginia website: When an employee terminates, when are his final wages due? ...
|
| mileage reimbursement | 10/1/2008 |
Q: My husband was working for a distribution company and had to drive back and forth to all of the area ...
A: Liz: Without knowing what state your husband worked in, I cannot look up state laws. Typically ...
|
| Failure to issue P/R check | 10/1/2008 |
Q: My last employer has failed to issue my final paycheck. I have called and left messages for him, ...
A: Beverly: Most states have laws that regulate when a last paycheck must be paid by the employer. ...
|
| Time card/Sheets turn in time | 9/30/2008 |
Q: I work for a large corporation. I am paid bi-weekly (Every two weeks) Our work week starts on ...
A: David: Given that many employees work odd hours, after payroll is put to bed, the practice of ...
|
| Salary vs. Hourly | 9/29/2008 |
Q: I have a friend who was hired as Salary for a satelite office in TN (from an office in IA). ...
A: Katy: Your friend is what is called an exempt employee, one who typically supervisors others and ...
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| OUT OF TOWN RE-INBURSEMENT | 9/29/2008 |
Q: What is the Arizona protocol when working out of town with regards to hotel stays and meals with who ...
A: Jennifer: States typically do not get involved on how companies pay the expenses of employees, so ...
|
| At Will Work | 9/29/2008 |
Q: My boss likes to threaten about your At Will and I can fire you just because? He thinks just because ...
A: Chris: At will employment means you work for the company you choose to work for because you wish ...
|
| discrimination/unfair treatment after reporting violations by HR | 9/29/2008 |
Q: I work in Ohio at a so called "Christian Company" that is privately owned witch is an "at will ...
A: The company may be fined by the government for their action, if the government finds the actions ...
|
| Calling out procedure | 9/29/2008 |
Q: I was just curious as to what are the NY state laws and procedure for calling out of work? Can an ...
A: Yes, such policies and procedures are perfectly legal, unless yours is a city, state, or federal ...
|
| discrimination/unfair treatment after reporting violations by HR | 9/29/2008 |
Q: I work in Ohio at a so called "Christian Company" that is privately owned witch is an "at will ...
A: Christy: You do not describe that the company paid employees based on their age, race, gender, ...
|
| Employment termination | 9/29/2008 |
Q: I live in New Jersey. I was recently terminated. I had noticed on my last check that I have 75 ...
A: Chris: Vacation time is not regulated by the government unless there is a collective bargaining ...
|
| involuntary FMLA | 9/28/2008 |
Q: Check, check, check. Employer and employee are both covered by FMLA, ADA and employer did force a ...
A: Sharon: Yes, such a statement would be illegal under the ADA. It does not matter why an employee ...
|
| out of town | 9/28/2008 |
Q: im working out of town and my boss is paying for room but not food.should he not be paying for food ...
A: Audie: That is the usual case for workers who work away from their home station assignment. Your ...
|
| Husband not getting paid | 9/28/2008 |
Q: My husband left a his job to work at another restuarant. He has been having problems cashing his ...
A: Janet: I presume then that when he pays in cash he pays the net amount, after taxes. If correct, ...
|
| Family Business | 9/28/2008 |
Q: I'm sorry my question is so long and extremely complicated. My husband worked for a family ...
A: Carissa: Your question is best answered by a local attorney familiar with the state statutes this ...
|
| payroll reduction | 9/27/2008 |
Q: My company held an informal meeting with all managers and informed us that effective next paycheck ...
A: The likely answer is yes. Depending on what state you work in, and what you do, there could be a ...
|
| involuntary FMLA | 9/27/2008 |
Q: Check, check, check. Employer and employee are both covered by FMLA, ADA and employer did force a ...
A: From what you have stated, I believe they have violated the ADA, by failing to accommodate a non ...
|
| question about hours I have to be in the store | 9/27/2008 |
Q: I have filed a complaint with the EEOC for sexual harrassment,harrassment and retaliation. My salary ...
A: Mark: I cannot locate anything that speaks directly to commission sales only, but, if the company ...
|
| FMLA violation | 9/27/2008 |
Q: Can an employer force an involuntary FMLA on an employee that does not have a "serious medical ...
A: Sharon: Companies may designate leave for an employee is FMLA, in fact the law states that if the ...
|
| resigning, health issues, immediate termination? | 9/27/2008 |
Q: I am going to have to resign from my job, because part of my job requires repetitive lifting of ...
A: Lu: Typically, if an employee resigns it is done so in writing. When notice is given, companies ...
|
| Jury duty | 9/26/2008 |
Q: I have a slary employee who has been reporting for jury duty. he comes in for 2 hrs and then he ...
A: Grace: Sounds like he is a exempt employee, on a salaried position. Exempt means exempt from ...
|
| Not getting my paycheck | 9/26/2008 |
Q: My employeer hasn't been paying me or other employees. She keeps asking us to wait. We all feel like ...
A: Without doubt, your employer is violating federal law, by not paying you at least minimum wage. ...
|
| Trying to Start an Internship Program | 9/25/2008 |
Q: My company is looking to start up an internship program, and we do not know anything about getting ...
A: Break the work into separate disciplines. As example, in a railroad company they would be ...
|
| Husband not getting paid | 9/25/2008 |
Q: My husband left a his job to work at another restuarant. He has been having problems cashing his ...
A: Janet: Do the paychecks ultimately clear? If so, he is being paid, but depending on when they ...
|
| Monthly pay | 9/24/2008 |
Q: Can employers in CA pay you only once a month?
A: Jackie: Depends on what your position is, see below. Employee Classification Rule Labor Code ...
|
| salary | 9/24/2008 |
Q: I've been working at a pizza shop for about a year now as manager. I moved from night shift to ...
A: Yes, there is nothing illegal about paying one manager more than another. That is also not unusual. ...
|
| question about hours I have to be in the store | 9/24/2008 |
Q: I have filed a complaint with the EEOC for sexual harrassment,harrassment and retaliation. My salary ...
A: Mark: In order to answer some of these questions, I need to know what state you work in. Many ...
|
| hair salon commission vs.hourly wage | 9/24/2008 |
Q: If an employee is 100% commission and the employer forces her/him to be there hours that they do not ...
A: Beth: Yes, per Pennsylvania statute below. §231.23. Commission. When an employee is compensated ...
|
| PTO | 9/24/2008 |
Q: If a person owes a company a personal loan and they were termed without making a payment on it, is ...
A: Without knowing what state you are in, and what PTO covers in your company, it is impossible for me ...
|
| Time clock punches for breaks/meals | 9/23/2008 |
Q: Recently our employer, a major theme park, has required us to clock out for specific breaks & meals. ...
A: No law is violated, but your time off does not start until you clock out, and does not end until you ...
|
| hr violation | 9/22/2008 |
Q: are there standards (laws) regarding hr department/employee confidentiality in this county? or is it ...
A: There are laws that demand confidentially for private information concerning SS#'s and health care ...
|
| Travel | 9/22/2008 |
Q: I do quite a bit of traveling for my company, and I'm an exempt salaried employee. If my normal ...
A: Dennis: Below is the formal definition. Definition: An exempt employee is an employee who, ...
|
| Travel | 9/22/2008 |
Q: I do quite a bit of traveling for my company, and I'm an exempt salaried employee. If my normal ...
A: Dennis: An exempt employee is exempt from the federal wage and hour laws, so I really do not think ...
|
| Hourly employee - holiday pay | 9/22/2008 |
Q: The company I work for started having employees in our office 24 hours a day. They work 12 hour ...
A: Rhonda: There are no laws that prevent a company from handling its exempt employees differently ...
|
| Deducting 1.5% more than the time i missed | 9/22/2008 |
Q: I work in an Insurance company in NY. One of my coworker took a day(8hrs) off because she was sick. ...
A: Ms. Park: I must see the policies and procedures on your sick days. Sick pay is not required by ...
|
| Working | 9/20/2008 |
Q: My daughter works as a waitress. She, and others, are regularly asked to come in, but not clock in - ...
A: Sam: Sounds to me as though the Company is in violation of NC State law governing minimum wage. ...
|
| Deducting 1.5% more than the time i missed | 9/19/2008 |
Q: I work in an Insurance company in NY. One of my coworker took a day(8hrs) off because she was sick. ...
A: Ms. Park In order to answer, I must understand the policies and procedures for sick time at your ...
|
| Salary or hourly position | 9/18/2008 |
Q: I'm working for a company, where for the first time in a long time I have to punch in and out (an ...
A: Lucinda: I should have asked you if the Center is receiving funds from Medicare. I suspect the ...
|
| Salary or hourly position | 9/17/2008 |
Q: I'm working for a company, where for the first time in a long time I have to punch in and out (an ...
A: Lucinda: In order to help, I need more information. What type of work are you doing? Is the ...
|
| Hourly rates | 9/17/2008 |
Q: Can a hourly employee's pay rate be decreased. Example. Employee's current hourly rate is 7.25, ...
A: Dianna: Yes, a company may reduce the rate of pay for a particular position, unless there is a ...
|
| Pregnancy FMLA | 9/17/2008 |
Q: I am expecting my first child in March, 2009. Based on some internet research I was under the ...
A: Sara: Section 825.112 of FMLA expressly covers your situation, as shown below. You should be able ...
|
| employment regarding boyfriend/girlfriend | 9/11/2008 |
Q: The subject sounds strange but in the hand book provided by the retail chain my son works for, It ...
A: Kenneth: I can find nothing in Mass statutes that prohibits an employer from having such a policy. ...
|
| Last check held till exit interview complete | 9/11/2008 |
Q: I work for a medical billing company - worked. I left on a Monday and didn't come back since I found ...
A: Many states require that employees who leave the service be paid out that same day, or within so ...
|
| vacation | 9/10/2008 |
Q: Can an employee be paid for over 40 hours with vacation included in one pay period? Our pay periods ...
A: Without knowing the policies and procedures for your payroll group, I am hesitant to say for ...
|
| Vacation and Sick leave | 9/9/2008 |
Q: Can my employer force me to use vacation or sick leave time due to inclement weather. I am a county ...
A: Kathy: I would approach the Manager and pose the question to him. Have ready the policy that ...
|
| Vacation and Sick leave | 9/9/2008 |
Q: Can my employer force me to use vacation or sick leave time due to inclement weather. I am a county ...
A: Kathy: Without seeing the policy and procedure manual, it is hard for me to say for sure, but, a ...
|
| Payroll deduction - lost health insurance | 9/5/2008 |
Q: As a commission-only sales rep, the company cancelled my health insurance after my pay was not ...
A: Marty: Without knowing what state you are in, it is hard to answer, but generally, if you are cut ...
|
| Paydates | 9/5/2008 |
Q: Our company just merged with another out of Scottsdale, AZ. I work in Illinois. We were notified ...
A: Presuming you are a non government company, there is no law that requires direct deposit be made ...
|
| fired after giving 2week notice | 9/4/2008 |
Q: after lack of hours and late pay i had a talk with the my boss about taking hours away from me i ...
A: Amber: Your ability to get unemployment depends on what type of work you did, and what state you ...
|
| time cards | 8/29/2008 |
Q: In CA, what needs to be on a timecard (either electronic or handwritten) to be in compliance with ...
A: Here is a the only link I can find on the issue of what must be on a time card, and it addresses the ...
|
| time cards | 8/28/2008 |
Q: In CA, what needs to be on a timecard (either electronic or handwritten) to be in compliance with ...
A: Here is a link to a FAQ on California wage laws that answers ...
|
| Commission based W2 employee | 8/28/2008 |
Q: 1. If he or she is strictly a commission based employee (W2 filled out) and he or she works 10+ hrs ...
A: Here are a couple of websites that will help you. 1. Looks like all time, commissioned base work ...
|
| Want to teach again | 8/28/2008 |
Q: I am a special educator of 30 years (Vermont). As the paperwork became more and more demanding I was ...
A: My son is now in college, doing ok with the school load, but having a tough time socially. Tons of ...
|
| Layoff severance | 8/27/2008 |
Q: I was employed at a venture backed startup, where I performed multiple business development ...
A: Mark: Typically release and resignation agreements incorporate the end of any additional ...
|
| Running Water at work | 8/27/2008 |
Q: Is an employer allowed to keep employees at work when there is no running water?
A: Without knowing what type of work you are involved in it is hard to say for sure. As example, in ...
|
| Want to teach again | 8/26/2008 |
Q: I am a special educator of 30 years (Vermont). As the paperwork became more and more demanding I ...
A: Eileen: My son has ADHD, along with other disabilities, so I completely understand. In order to ...
|
| severance and payout of unused PTO, Virginia | 8/25/2008 |
Q: I was terminated on August 4 for supposedly poor performance, even though my performance review 2 ...
A: I have pasted the website of FAQ's on the wage laws of Virginia. It sounds as though you were paid ...
|
| Two weeks notice/last paycheck | 8/23/2008 |
Q: I put my two weeks notice in at my job at a gas station in Ontario on August 12th, and would be ...
A: I think the issue is when did the Company consider you no longer to be employed. If two weeks from ...
|
| accrued sick time | 8/22/2008 |
Q: I have worked at a church (non-profit 501c3)in California for 13 years. Under the past management I ...
A: If all this time is sick time, I can see no law that mandates you must be allowed to retain it if ...
|
| Do contract employees have any rights? | 8/22/2008 |
Q: I am a 6 month contract employee for our local county sheriffs office. On Monday due to the storm, ...
A: If you are a contractor for the sheriffs office, you are not an employee. Contractors typically get ...
|
| Vacation pay | 8/21/2008 |
Q: If you earn vacation and an emplorer fires you are they suppose to pay you for it or you just lose ...
A: Cala: I really need more information in order to answer. What state are you in? Do you work under ...
|
| Two weeks notice/last paycheck | 8/21/2008 |
Q: I put my two weeks notice in at my job at a gas station in Ontario on August 12th, and would be ...
A: I am unfamiliar with Canada law, so can answer only generally. If you put in notice to leave a ...
|
| Request for Vacation Limited to 5 Days | 8/21/2008 |
Q: My mother is employed at a company where she receives PTO as a benefit. Her employers require that ...
A: I have looked at the state of Texas website and see no law that dictates how companies must ...
|
| bounced payroll and taking money out for insurance when the company knew the insurance was canceled | 8/19/2008 |
Q: Our company bounces our payroll checks what can we do? Also they have been taking health insurance ...
A: If a company provides a bad check to employees, but subsequently makes it good, the legality of this ...
|
| bounced payroll and taking money out for insurance when the company knew the insurance was canceled | 8/19/2008 |
Q: Our company bounces our payroll checks what can we do? Also they have been taking health insurance ...
A: If the company is withholding pay for insurance benefits, but not providing same, then they are not ...
|
| suspended without pay | 8/19/2008 |
Q: Yesterday I went to work at the usual time and was immediately directed to the employee relations ...
A: Joshua: If you work under a union agreement, it should spell out how the company must handle ...
|
| bounced payroll and taking money out for insurance when the company knew the insurance was canceled | 8/19/2008 |
Q: Our company bounces our payroll checks what can we do? Also they have been taking health insurance ...
A: Carrie: If your company is not paying you, and they are not if the checks bounce, they are in ...
|
| hourly vs salary | 8/19/2008 |
Q: I wasw recently hired on by a major Texas based Corp. It was understood that I would be an hourly ...
A: It looks like, notwithstanding your understanding, they are treating you as a salaried employee, ...
|
| FMLA | 8/14/2008 |
Q: (1) A company has not been having ee's fill out FMLA paperwork, but they have been allowing them ...
A: In order: 1) If a company does not designate the leave as FMLA leave, but just grants the leave, ...
|
| notice before cutting hours | 8/14/2008 |
Q: I work for a manufacturing co. in Gallatin,TN. We were wanting to know if a notice has to be given ...
A: In answering, I presume you are not working under a union contract. If you are, the answer would be ...
|
| Direct Deposit | 8/13/2008 |
Q: We are a General Contracting company in California. We employ outside commission-only sales people. ...
A: Terri: Are the outside commission only sales folks true employees, or independent contractors? If ...
|
| 2-week resignation | 8/13/2008 |
Q: "I am a supervisor and an employee gave me her verbal resignation and together decided her last day ...
A: Sandy: In answering, I presume your application for employment gives the company the right to ...
|
| Hold back a check | 8/13/2008 |
Q: The company I work for is a non-profit in Georgia. We have several employees who do not complete ...
A: I presume you mean they are not completing required paperwork that is associated with their job and ...
|
| Unpaid wages | 8/12/2008 |
Q: I gave my employer a months notice terminate my employment, but they decided to end my employment ...
A: I presume when you say you are a contractor that you were not truly an employee, that is, you did ...
|
| information on paycheck/stub | 8/12/2008 |
Q: Does State/Federal law require an employer put hours worked, ot hours, rate of pay on an hourly ...
A: Got it. The Company must keep the records, by federal law. We know they have them, since the ...
|
| Accrued vacation Time | 8/12/2008 |
Q: I live in Miami, Fl. I was laid off and was told that the 17 vacation days I had saved up would not ...
A: I would write them a certified letter, return receipt requested, asking for a copy of the policy and ...
|
| information on paycheck/stub | 8/12/2008 |
Q: Does State/Federal law require an employer put hours worked, ot hours, rate of pay on an hourly ...
A: I am researching, but so far, can find only that the employer is required to keep these records up ...
|
| virginia direct deposit | 8/12/2008 |
Q: I live in virginia and work for a large hotel chain. Employees were informed that we would be ...
A: Mr. Harper: I have researched the State of Virginia web site and statutes and see no law that ...
|
| bereavement | 8/11/2008 |
Q: does a law exist in illinios for the employer to pay an employee for bereavement days off?
A: Wanda: I can find no statute that makes it mandatory for a private employer to pay employees for ...
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| Accrued vacation Time | 8/11/2008 |
Q: I live in Miami, Fl. I was laid off and was told that the 17 vacation days I had saved up would not ...
A: Abel: If you are working for a private company, and not a local, state, or federal agency, it is ...
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| Vacation Pay | 8/10/2008 |
Q: I work for Petco as a dog groomer. We get paid commission for how many dogs we can groom. Depending ...
A: Ben: The short answer is yes, it is legal to pay in this manner. There are no federal laws that ...
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| i think wrongful termination | 8/10/2008 |
Q: Can i get fired from a job if i had a death in the family ? I called and told them the situation ...
A: Dustin: I presume you were dismissed for missing work for going to a funeral. To my knowledge, ...
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| Overtime Pay | 8/9/2008 |
Q: My company pays it's employees on the 1st and 16th of each month. I have noticed on my paycheck ...
A: Brandy: An employer who requires or permits an employee to work overtime is generally required to ...
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| ADA discrimination | 8/7/2008 |
Q: In June of this year, I was terminated from my past employer based on a policy that was rarely ...
A: If I understand correctly, you were a disabled employee who had been granted intermittent FMLA. Did ...
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| ADA discrimination | 8/7/2008 |
Q: In June of this year, I was terminated from my past employer based on a policy that was rarely ...
A: Presuming your former Company is a covered employer under the ADA and the Family and Medical Leave ...
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| Commision Paid Employee | 8/7/2008 |
Q: I work for a commercial printing company in Oklahoma, I am a straight commission paid employee, I ...
A: There is no law that dictates how a company must pay its employees. Companies typically employ ...
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| Hours | 8/6/2008 |
Q: Is It Legal For Your Employer To Work You Only 3 Hours I Once Heard The Minimum Was 4.
A: Kevin: Without more detail, such as what state you live in, what type of work, is there a ...
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| work related issue. | 8/5/2008 |
Q: what type of lawyer do you contact when you're trying to find out how to sue a company who doesn't ...
A: Plaintiffs attorneys who specialize in employment law is the type you want to contact. Be careful ...
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| Commission | 7/31/2008 |
Q: My company is growing really fast and buying other companies almost monthly. The comission plan is ...
A: Ms.DeMontigny Go to this site://www.hum.wa.gov/employer/index.htm It gives you information about ...
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| FMLA-Pregnancy | 7/31/2008 |
Q: I started my job on 1/2/08. 4 weeks ago I found out that I am pregnant. Last week I told my boss, ...
A: Ms. Pittman: Yes, if you meet the criteria outlined in your follow up question, you would be ...
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| Commission | 7/31/2008 |
Q: My company is growing really fast and buying other companies almost monthly. The comission plan is ...
A: In order to help, I need more information. First, are you in Washington DC or Washington State? ...
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| FMLA-Pregnancy | 7/30/2008 |
Q: I started my job on 1/2/08. 4 weeks ago I found out that I am pregnant. Last week I told my boss, ...
A: Ms. Pittman: Under FMLA, and eligible employee is a employee of a covered employer who: 1. Has ...
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| uniform | 7/30/2008 |
Q: IF I WORK FOR A COMPANY THAT MAKES YOU WEAR LOGO SHIRTS AND CAPS, DO THEY NEED TO PROVIDE THEM FREE ...
A: You do not tell me the state you live in but there is no law I am aware of that mandates employers ...
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| Work schedules | 7/30/2008 |
Q: I currently work at a Subway restaurant in Michigan. Our weekly schedule ends on a Tuesday and ...
A: Robin: There is no law that requires when your company must post the new work schedule. My ...
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| Forced PTO | 7/29/2008 |
Q: Recently my firm decided to close the office for the afternoon to allow all to attend a firm ...
A: I believe I would produce a letter from my physician,documenting the motion sickness, and the ...
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| Forced PTO | 7/29/2008 |
Q: Recently my firm decided to close the office for the afternoon to allow all to attend a firm ...
A: I am not an attorney, so cannot offer a legal opinion. That said, the decision to force you to burn ...
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| medical deductions | 7/29/2008 |
Q: can my employer raise the amount of medical taken out of my check with out notifying me prior? i ...
A: Mom and Pop companies are a bit more difficult to work with, as typically there are not 15 or more ...
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| medical deductions | 7/29/2008 |
Q: can my employer raise the amount of medical taken out of my check with out notifying me prior? i ...
A: The answer to your question is in the Summary Plan Description (SPD) for the health care plan, or in ...
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