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Employment Law/Questions Answered by Expert Thomas R. Ballas
| Subject | Date Asked |
| time-keeping | 12/17/2010 |
| Q: i got a write up at my work place for "not turning in my hours". i was wondering if this is even ... A: Joe: I would report to HR and your supervisor why you cannot clock out. I would turn the outs in ... | |
| Suspension without Pay | 12/14/2010 |
| Q: I am the sales/marketing director at my job. I have not reached my sales goals and was told I was ... A: Robyn: Suspension is a part of a company's discipline policy, and therefore may include whatever ... | |
| time clock rules | 12/11/2010 |
| Q: Is it legal for an employer to deduct 6 minutes at the beginning and end of the day? The time ... A: Nancy: The employer is responsible to pay employees from the time they start work, until they stop ... | |
| Paid Administrative leave | 12/10/2010 |
| Q: I am the branch manager for a bank and was told by my district manager that an employee made some ... A: Tania: They can terminate you without giving a reason, no law against doing so. The relo fees are ... | |
| Paid Administrative leave | 12/10/2010 |
| Q: I am the branch manager for a bank and was told by my district manager that an employee made some ... A: Tania: Not much that can be done, and since you are on paid leave you are not adversely affected as ... | |
| Vacation accrual suspended | 12/8/2010 |
| Q: During the months of Oct, Nov and Dec. 2010 my company chose to suspend vacation accrual in an ... A: Royce: It completely depends on the wording in the contracts. If the contract language is strong ... | |
| Salary and commissions | 12/4/2010 |
| Q: Where can I find out about labor laws for jobs involving commission? My wife works in sales and is ... A: David: You should go to your state's web site and look under employment for any laws, but I suspect ... | |
| 7 Day Suspension for Incident not concerning the employee | 12/2/2010 |
| Q: A family member was suspended for 7 days due to an incident that occurred during the weekend. The ... A: Irlanda: Does not sound right to me, but what can be done about it is another story. If the ... | |
| severance pay | 12/1/2010 |
| Q: How does severance pay impact filing for unemployment benefits in Virginia? Are there advantages to ... A: Robert: In large part it depends on the release agreement he sighed when he took the severance. ... | |
| Scheduling and Doctor Appt | 11/24/2010 |
| Q: I gave my employer ample notice of my doctors appt (1 week in advance). The schedule is usually ... A: Jeremy: No laws in CA that I am aware of regarding the posting of work schedules within a specific ... | |
| witholding pay | 11/19/2010 |
| Q: can a Government Agency withold a pay check (or future pay checks) in order to obtain signed consent ... A: Mr. Allen: Typically not. Withholding of pay from an employee is usually done only with the ... | |
| Lunch and Working Hours | 11/18/2010 |
| Q: Currently we use a time clock system for all hourly employees. They clock in when arriving, out for ... A: Misty: If they work without lunch and the company knows they did, the employee must be paid for the ... | |
| Clocking In | 11/18/2010 |
| Q: I am an hourly employee in the state of New Jersey. Recently many employees including myself have ... A: K. A. Hindes: Yes. Nothing prevents the manager from discussing the issue with you. That said, if ... | |
| ADA and union issue | 11/16/2010 |
| Q: I'm going through a horrible situation myself at work. 15 years clean file etc. I'm over 40 and have ... A: John: Hard to help without seeing what you signed, and the fact that the deal is made already makes ... | |
| Water at Work | 11/15/2010 |
| Q: I work in a law firm and this morning we found out that some one attempted to steal our water pipe ... A: Amy: OSHA laws prescribe facilities must be available, but plumbing problems do happen. I do not ... | |
| Exempt Schedule | 11/14/2010 |
| Q: If my schedule as an exempt salaried in based on 45 hrs per week as stated in the employer handbook ... A: Bob: If on an exempt position and you do not report on of your scheduled days, and do not claim a ... | |
| Manager change | 11/14/2010 |
| Q: I have worked for a new start up company for the last 3 years (I was one of the first in). The ... A: Anne: Not an expert in UK laws but what you describe does not sound like an adverse employment ... | |
| Exempt Schedule | 11/14/2010 |
| Q: If my schedule as an exempt salaried in based on 45 hrs per week as stated in the employer handbook ... A: Bob: As long as they are not requiring you to work the extra hours account your age, race, ... | |
| EEOC finds | 11/11/2010 |
| Q: I was very obviously discriminated against by very well known non-profit organization when I applied ... A: Thomas: Yes, many times that is the exact approach. I know of no caps, but there may be some state ... | |
| EEOC finds "reasonable cause" now what? | 11/11/2010 |
| Q: I was very obviously discriminated against by very well known non-profit organization when I applied ... A: Thomas: The EEOC has held in your favor, and that will carry a good deal of weight, in my opinion. ... | |
| FMLA question | 11/11/2010 |
| Q: If I was out of work on California State Disability for a serious condition of myself for 10 weeks ... A: Suzy: Here is a link that compares Federal FMLA with CA FMLA. ... | |
| FMLA guidelines | 11/9/2010 |
| Q: I am pregnant and preparing to go on FMLA. My job requires me to be on-call 1 week per month. I am ... A: Kathy: I believe the time you cannot be on call can be counted. If you were not on FMLA, you would ... | |
| incorrect hourly wages | 11/6/2010 |
| Q: I was hired by the staffing manager at 28.50 an hour. My first paycheck was paid at 23.00/hr. I have ... A: Deanna: Write HR immediately and notice them of the issue, advising you intend to file a wage claim ... | |
| wrongful termination | 11/4/2010 |
| Q: Are private companies with less than 15 employess able to get away with discrimination??? A: Josh: The federal law on discrimination does not apply to companies with less than 15 employees. ... | |
| FMLA/Discrimination etc | 11/1/2010 |
| Q: I worked for the city of mpls. I was laid off dec.22nd and "bumped" into another dept. I was ... A: Deb: Without seeing what you signed it is impossible for me to say for sure, but I suspect you ... | |
| Will I be able to collect unemployment if? | 10/28/2010 |
| Q: I am a new employee to the Comm of PA as of 7/12/2010. There is a 6 month probationary period and ... A: Karen: Not an expert on Unemployment Comp, but here is my guess. In order to collect UC, you must ... | |
| no fault attendance policy | 10/27/2010 |
| Q: The company I work for has a no fault attendance policy and point system. 1 day absent = 1 pt. 1 ... A: Karen: This is not illegal, as state and federal statutes do not legislate attendance policies. ... | |
| Portal to Portal/Motor Carrier Act | 10/21/2010 |
| Q: My husband is a company driver. He arrives daily at terminal from home, drives to destination in and ... A: Colleen: If your husband is a true employee, and not an independent contract driver, I believe he ... | |
| Non-compete agreement in Ca. | 10/19/2010 |
| Q: I've been working for a national retail camera chain for 6 years now and I have recently been asked ... A: Victor: If you do not have a contract today that protects your employment then you can be separated ... | |
| pay stub | 10/19/2010 |
| Q: I live in WI. I have been asking my employer for access to my pay stub which I am told is on a ... A: Cindy: Write or call the HR group back and formally request detailed instructions on how to access ... | |
| Fired for attendence, Abscense caused by medical condition | 10/19/2010 |
| Q: I was fired about a month ago from a job I had for 1 1/2 years in Georgia. I rarely ever missed ... A: Diana: I doubt if there is much you can do. Typically, a person may be dismissed any time within a ... | |
| help | 10/11/2010 |
| Q: I would like to know if i had existing work injury and still went to work then recently suspended ... A: Tiny: If you went to work with the injury, I presume you were able to work. If true, then you ... | |
| SALARY CHANGED TO HOURLY | 10/6/2010 |
| Q: I have been working at the same company for the last 21 years. I was a salary employee. Now all of ... A: D. Guidry If your position is considered exempt under the DOL definition of an exempt position, ... | |
| employment dismissal | 10/6/2010 |
| Q: Mr. Ballas, I was terminated on Monday from my position as a district sales manager with a chemical ... A: Leian: If you have a formal employment contract, termination is likely discussed within it. If not ... | |
| sick days | 10/2/2010 |
| Q: if i have a doctor's slip from a hospital that says "NO WORK". does my employer have the right to ... A: Joe: Under HIPPA laws, typically not. If they have reason to suspect your ability to perform the ... | |
| I work for Amtrak ....Railway labor act in PA | 10/1/2010 |
| Q: I've been there for over 20 years and i continue to this day have the same agrument will my ... A: Catherine: The union contract trumps the state law. The contract should be available to you from ... | |
| Retaliation | 9/30/2010 |
| Q: Mr. Ballas, I was recently fired for insubordination. My boss called me at work to ask why I was so ... A: Artemis: You are correct when you state the company cannot make you work off the clock. If you ... | |
| work discipline | 9/30/2010 |
| Q: I was disciplined severely after being up front with my boss. I "thought" and was pretty sure I ... A: Mark: Without seeing the CBA I cannot say for sure, but I suspect the company may discipline you as ... | |
| Mandatory FMLA Leave/Employee Advance then mutual termination | 9/24/2010 |
| Q: I went on a mandatory FMLA leave for 2 months for open heart surgery. I was told by my supervisor ... A: Catrina: I do not think it lawful fro them to withhold your pay without your express written ... | |
| suspension from work | 9/21/2010 |
| Q: How long can an employer keep you on suspension before letting you know wether or not they are going ... A: Ryan: If you are covered by a union agreement, it may say in there, but it also may be silent on ... | |
| Wrongful Termination Situation | 9/20/2010 |
| Q: I was wondering if there's any way i would have a case and whether it's worth pursuing. I was ... A: Jason: Absent an employment contract there is little that can be done. Severance is not legislated ... | |
| Short Term Disability and FMLA laws | 9/14/2010 |
| Q: I have been on short term disability for 12 weeks at 100%) due to return to work tomorrow. My 2 ... A: Eileen: FMLA is a federal law that provides only for 12 weeks leave per year. Companies may ... | |
| Short Term Disability and FMLA laws | 9/14/2010 |
| Q: I have been on short term disability for 12 weeks at 100%) due to return to work tomorrow. My 2 ... A: Ms. Deaton: I get this question many times. People confuse short term disability income with the ... | |
| Ref: employees quitting without notice | 9/12/2010 |
| Q: Is there any way to restrict employees quitting job without notice of 2 weeks? I have employees ... A: If they work the hours, you must pay them. You cannot withhold earnings as part of any discipline. ... | |
| A couple Nevada job questions | 9/11/2010 |
| Q: I am working/living in Nevada and I have not been receiving check stubs at all, and I want them. ... A: Lindsey: You must get your payroll information from the employer. In most states the company may ... | |
| Suspension pay ? | 9/11/2010 |
| Q: Sir: I was recently suspended from work pending an investigation,one that I assure you will be in ... A: Justin: It depends on company policy. If it is suspension with pay, you will get paid, if without, ... | |
| Virginia termination problem | 9/11/2010 |
| Q: Ballas, I was terminated by my employer of over 7 years on 8/23/10 because I had "made too many ... A: Samantha: Given all you have said, I do not think you have legal recourse for the dismissal. ... | |
| Ref: employees quitting without notice | 9/10/2010 |
| Q: Is there any way to restrict employees quitting job without notice of 2 weeks? I have employees ... A: The only way to restrict this is to give the employee an employment contract that legally binds them ... | |
| attendance/discrimination | 9/9/2010 |
| Q: I have a discrimination question. First, at the time of my evaluation, I was refused a copy of my ... A: Eddie: Only if you can prove the disparate treatment was account your age, gender, religion, ethnic ... | |
| Pre Employment drug screening | 8/24/2010 |
| Q: I was offered a sales job before a back round and drug screening was preformed I haven’t started but ... A: Rey: If you tested positive for THC, I doubt if you will be hired. I think you wait for the lab to ... | |
| Time Clock punch rounding | 8/22/2010 |
| Q: I have a question regarding the rounding of time clock punches in Mass. In the company I work for, ... A: Jen: You can file a wage claim with the state, but the company will know about it eventually. ... | |
| Time Clock punch rounding | 8/22/2010 |
| Q: I have a question regarding the rounding of time clock punches in Mass. In the company I work for, ... A: Jen: Given how the company keeps track of your time, to know what they owe you must keep your own ... | |
| Employment Law: Hair salon commission vs. hourly wage | 8/17/2010 |
| Q: I work in a hair salon. I work on a 100% commission. The employer forces me to be there hours that ... A: Nichole: If your amount of commissions does not equal at least minimum wage for all the hours ... | |
| COBRA | 8/16/2010 |
| Q: We have been carrying COBRA since January 2010, we have made our payments on line thru the website ... A: Kimberly: I would absolutely contact the senior HR Manager with the company and request they ... | |
| COBRA | 8/16/2010 |
| Q: We have been carrying COBRA since January 2010, we have made our payments on line thru the website ... A: Kimberly: Do you know why the July payment did not clear? Was it your mistake? If not your ... | |
| Work Hours | 8/14/2010 |
| Q: Ballas, I work at walmart in norwich,ct.And have worked from 5am to 2pm for about 5 years. Are they ... A: Paul: Yes, they can cut your hours, as they are your employer and may set the hours as they see ... | |
| Rescinded job offer | 8/13/2010 |
| Q: I was recently offered a job in a hospital. I had to have a preemployment physical. The clinic told ... A: Jennifer: It depends on if the restriction is permanent or not, and on the requirements of the ... | |
| What should I do? | 8/11/2010 |
| Q: I just quit my job as a food server. My boss has always reported my tips, what ever he thhinks I ... A: Isabel: I would not do anything at this point unless the reported amount is more in total to what ... | |
| salaried workers | 8/9/2010 |
| Q: My boyfriend works 6 days a week 11 hours a day. He is on salary. HIs salary is based off of 40 ... A: Tandy: If his position is exempt, he can work all they wish him to, provided he is willing to work ... | |
| refusal to give retirement benefits | 8/8/2010 |
| Q: I am eligible for retirements benefits from a former employer, Georgetown U. I have requested the ... A: Mr. Kyle: Send a certified letter, return receipt requested to the Payroll, HR and Presidents ... | |
| "Mandatory Service Fee" | 8/6/2010 |
| Q: Ballas, I work at a Japanese restaurant known for its "all you can eat" option. My boss charges ... A: Wendy: It is impossible for me to say without knowing what the company is charging for. Certainly ... | |
| Background check | 8/5/2010 |
| Q: My question is. I will be applying on line at a company that will do a background check i know for ... A: Geneva: I would apply if I wanted the position. They can choose to interview you or not, their ... | |
| unemployment | 8/3/2010 |
| Q: i would like to know if there is anyone that can help with this question. i was terminated from a ... A: Bridgette: All you can do is protest their position on the matter. If you have any witnesses to ... | |
| medical leave | 8/2/2010 |
| Q: I had an emergency kidney stone removed and was out a week and thenI had to have my gall bladder ... A: Wendi: The short answer is yes. Your company is not covered by FMLA, and even if it were, you ... | |
| hourly compensation | 7/30/2010 |
| Q: My son works at a fast food restaurant that closes at 10:00 PM. He is only paid until 10:30 PM, but ... A: Ms. Martin: This is not legal unless he is a Manager, and on a salary. If so, such position may be ... | |
| child disability | 7/30/2010 |
| Q: Ballas, My question is, what are my options when I am working on a job where my employer refused to ... A: Harline: Your options are stay under the conditions present, or leave the employment of the family. ... | |
| "Starving out" a commissioned employee | 7/25/2010 |
| Q: My husband is an auto body technican. He is paid on commission based on the hours on estimates ... A: Autumn: Unless your husband has an employment contract there is little you can do. If the ... | |
| West Virginia Labor Laws | 7/22/2010 |
| Q: I live in West Virginia and was working for Wal-Mart. I had to quit my job because it was causing me ... A: Diedre: You probably had to sign a document to authorize direct deposit for your pay. That ... | |
| Fmla and vacations | 7/22/2010 |
| Q: I am an hourly in a union shop. My employer is telling me that if I take 5 days of fmla (not in a ... A: Jerry: If you miss work account a qualifying FMLA reason, (your health, or as caretaker for a ... | |
| FMLA | 7/22/2010 |
| Q: If an employee is on vacation and has an FMLA qualifying event in the week they are on vacation does ... A: Deb: If you are out of work account a qualifying reason under FMLA the company may place you on ... | |
| Fmla and vacations | 7/22/2010 |
| Q: I am an hourly in a union shop. My employer is telling me that if I take 5 days of fmla (not in a ... A: Jerry: The way you state the issue makes me think you have a choice to take the vacation pay, or ... | |
| Suspended without pay | 7/21/2010 |
| Q: I was suspended today from my job without pay pending an investigation regarding a Hipaa violation. ... A: Vicki: Suspension is just that, temporary absence from work unless/until other action taken. I ... | |
| Health insurance deductions | 7/21/2010 |
| Q: Can my employer deduct the company's share of my health insurance premiums from my paycheck? A: Juli: In most states, deductions from paychecks can occur only with the express written permission ... | |
| uniforms for a restaurant | 7/20/2010 |
| Q: ive worked at a restaurant for 3 years. they recently decided to change the uniforms which we have ... A: Nicole: It depends on what state you are in. Some states make it mandatory for the company to pay, ... | |
| Lay Off notice | 7/18/2010 |
| Q: Ballas, I was laid off, not fired, last year, June, 2009, after being with a law firm for over 13 ... A: Joan: Under the circumstances you outlined, no notice is mandated by law. There is a law out there ... | |
| Pay rise | 7/15/2010 |
| Q: I have recently been told in writing that my salary has been reviewed and that I've been given a ... A: Jason: I am unsure of the answer for the United Kingdom, but here in the US the answer is yes, they ... | |
| accrued vacation pay upon layoff | 7/14/2010 |
| Q: I was "temporarily" laid off 2/15/10, with no separation letter, no severance. They told me I could ... A: Judy: It depends on how they define laid off. If covered by an employment or union contract you ... | |
| Promotion = Probation? | 7/14/2010 |
| Q: I am concerned about my promotion. My employer had me take over my supervisor's position. I know it ... A: Tim: It is legal to put the employment details in an offer letter. If you are uncomfortable with ... | |
| delayed paycheck | 7/12/2010 |
| Q: My place of employment was both out by another company and we were scheduled to be paid 06/25 and I ... A: LaConia: If you worked the time, you must be paid for the work. If not, you have a wage claim ... | |
| commisioned sales tarritory | 7/12/2010 |
| Q: My regional sales manager is contemplating taking away a significant sales area from my territory in ... A: Kim: If you are being treated differently than other employees on the basis of your age, gender, ... | |
| Lay off | 7/8/2010 |
| Q: I was laid off from my salaried position yesterday. I have over 200 hours in earned vacation time, ... A: Kaye: Some states view earned vacation time as earned wages, and the laws say that time must be ... | |
| part time employment | 7/8/2010 |
| Q: I work as a project manager, and an hourly employee. This year I have worked 2125 hrs. My boss tells ... A: Jerry: Health and welfare benefits are not governed by state and federal laws. It is up to a ... | |
| Leave issue | 7/5/2010 |
| Q: I am a salaried employee who works 45+ hrs/week. I recently got sick @ work and was told I had to ... A: Sharon: Does not sound fair to me, but state and federal laws do not govern sick leave. Companies ... | |
| FMLA or disability issue | 7/5/2010 |
| Q: Ballas, I work and live in Nebraska. I have been at the same plant for over 12 years. They have no ... A: Murlene: It is discrimination if they treat you differently account your age, gender, religion, ... | |
| sick time | 7/1/2010 |
| Q: I just had surgery which requires that I be off work 6-8 weeks. I have more than enough sick time ... A: Louise: It depends on your company policy. State and federal laws do not mandate sick leave, or ... | |
| family leave | 7/1/2010 |
| Q: my wife works part time and we want to find out if she can get family leave to care for her ... A: Lester: First, the company must be covered by the FMLA law, second, your wife must qualify for ... | |
| Sick | 6/29/2010 |
| Q: I went to work with a minor sore throat. Upon arriving at work, it got worse and I completely lost ... A: Jane: There is not much you can do point. Certainly the manager did not manage the situation well, ... | |
| job training without pay | 6/27/2010 |
| Q: I have been offered a job in a small business but they want me to work there for 1 - 2 weeks to be ... A: Marilyn: If you agree to work without pay, much like a volunteer, it is not illegal. Certainly ... | |
| second job law | 6/26/2010 |
| Q: I have two jobs now for about a year. I work a security job on weekends. Had that job for (three) ... A: David; The employer may set your days of work and your hours, as that is his option. Your option ... | |
| Unemployment - Georgia | 6/25/2010 |
| Q: We are a small Georgia preschool that belongs to a church. We have PT/hourly/contract workers - we ... A: McB: If the person was a true contractor, you should have a contract that identifies him as such, ... | |
| Davis Bacon Act | 6/25/2010 |
| Q: We are a prime contractor on a US Gov construction contract. Our sub did not pay proper fringes. ... A: Eric: My guess is you are on the hook for it, given you are the Prime contractor. I suspect your ... | |
| Pay after two weeks notice | 6/24/2010 |
| Q: If you give your employer a two weeks notice can they legally demote you and pay you less wages for ... A: Mona: Absent an employment or union agreement that says otherwise, they may notice you of a new ... | |
| Commission Sales | 6/21/2010 |
| Q: I was working for a company for the last 2 months and was just starting to close some big deals ... A: Susan: If the deals were completely finished in every way, then you should get the commission ... | |
| Pregnancy Discrimination | 6/20/2010 |
| Q: I was hired an an RN at a hospital. During my second week of orientation I experienced a pregnancy ... A: Ms. Russell: The Pregnancy Act protects employees from being treated differently account their ... | |
| FMLA | 6/18/2010 |
| Q: My father-in-law was recently terminated from his job while still on an FMLA leave, is this legal? ... A: Erin: He may not be terminated while on FMLA if his termination is account his absence from work. ... | |
| Seniority | 6/17/2010 |
| Q: I have been working for a company for almost 11 yrs, I worked in shipping and receiving for 8 and ... A: Michael: No rights have been violated. Only if you have a union contract or employment agreement ... | |
| Hostile Work Environment | 6/10/2010 |
| Q: I approached my HR Manager with a concern of a rumor that was circulating about she and our boss ... A: Ms Dye: You now must decide if you wish to do as instructed. I am not going to tell you to ... | |
| Rest room | 6/10/2010 |
| Q: I work for a company that contracts for BNSF. We are on the tract to cut and remove old rail. I ... A: Sandra: Your request for a rest room facility should be met in some form or fashion. When in ... | |
| pay for required attendence | 6/10/2010 |
| Q: My 22 year old daughter works for a local day care. From time to time, she has been required to ... A: Chuck: Sounds like it is mandatory service to me, and therefore the employee must be paid at least ... | |
| FMLA issue? | 6/8/2010 |
| Q: If your company is making 12 hrs a day mandatory and your family physician has stated for you to ... A: Donna: You could apply for intermediate FMLA to cover the 2 hours, or you could request ... | |
| VACATION DENIAL | 6/7/2010 |
| Q: Is it right for the general manager to deny your vacation because you have to find someone to work ... A: Solita: The company has the right to have employees take vacation according to the requirements of ... | |
| Unfair wage practice | 6/6/2010 |
| Q: I work the second shift (4pm - 12midnight). My organization pay shift differential(s). The morning ... A: Mr. Sousa: I am not a lawyer and I cannot represent you in any matter. It seems to me as though ... | |
| Constructive discharge,harassment,retaliation | 6/6/2010 |
| Q: Ballas, My apology for not articulating my question. Again here is my original situation. Hello ... A: Carlos: There is no law that makes a company provide you vacation, or how a company designs its ... | |
| Suspended | 6/5/2010 |
| Q: I requested 3 vacation days 4 months ago to attend an out of state wedding. This morning my ... A: Steve: Yes. Discipline is not legislated by state and local laws, and is left to the Company. ... | |
| Paycheck denial | 6/4/2010 |
| Q: I am inquiring about payroll checks. I get paid biweekly on Fridays. My paychecks are dated for the ... A: Taryn: It depends on what state you are in. Some states have minimum frequency of pay, such as ... | |
| Unfair wage practice | 6/3/2010 |
| Q: I work the second shift (4pm - 12midnight). My organization pay shift differential(s). The morning ... A: Edward: It sounds to me you should get the $18.464 for the first shift and time and a half, based ... | |
| injured at work | 6/3/2010 |
| Q: I was injured while working....I asked my boss for help and he said,"You never ask for help u always ... A: Carrie: If you were injured while on the job it should be covered under Workman's Compensation. ... | |
| PA Meals and Breaks Law | 6/3/2010 |
| Q: I was wondering what the current PA laws for the meals and breaks during the working hours? Right ... A: JoAnna: From the PA web site, under employment: What is the Law Regarding Breaks and Meal Periods? ... | |
| Employing a person with depression | 6/2/2010 |
| Q: We are looking at a number of candidates to employ of which one candidate has indicated they suffer ... A: Chris: Certainly depression is treatable, and many people work successfully with the problem. If ... | |
| # of employees per restroom | 6/1/2010 |
| Q: Is there a law requiring certain amount of restrooms per amount of employees? We have only one ... A: Leo: Yes, see below info. Tom Ballas (c) Toilet facilities--(1) General. (i) Except as otherwise ... | |
| Time sheet destroyed by Supervisor | 5/31/2010 |
| Q: Because it was said verbal and was not written that time sheets are not accepted after two days ... A: Prepare a letter explaining what happen, include names of any witnesses you have to what happen. In ... | |
| hours unwillingly reduced | 5/30/2010 |
| Q: My hours are being cut from 40 to 32. My employer has strategically set up hour reductions since ... A: Steve: There is nothing you can do. Employers everywhere are allowed to cut the hours of employees ... | |
| KY - rest breaks and the Railway Labor Act | 5/30/2010 |
| Q: Ballas, I work in Kentucky, in the food service industry. The labor signage says that we are exempt ... A: Anne: I seriously doubt if your company is under the Railway Labor Act. It is possible, if it is ... | |
| Time sheet destroyed by Supervisor | 5/30/2010 |
| Q: Because it was said verbal and was not written that time sheets are not accepted after two days ... A: Rebelladyp: If a company knows you worked the hours, they must pay you. How a company keeps track ... | |
| Cancer Survivor Rights | 5/29/2010 |
| Q: My husband is a cancer survivor since 2007. He has been employed as a General Manager for a fastfood ... A: Pamela: Since it is a franchise this may not work but you may try writing a letter to the owner of ... | |
| California Law - Scheduling | 5/29/2010 |
| Q: My question is a bit of a two-parter. I currently work for a restaurant owner who has very tight ... A: Ms. Conklin: Unfortunately, unless you have a contract or collective bargaining agreement that ... | |
| Cancer Survivor Rights | 5/29/2010 |
| Q: My husband is a cancer survivor since 2007. He has been employed as a General Manager for a fastfood ... A: Pamela: OK. The ADA certainly could apply to his medical condition, presuming the company is ... | |
| Cancer Survivor Rights | 5/29/2010 |
| Q: My husband is a cancer survivor since 2007. He has been employed as a General Manager for a fastfood ... A: Pamela: First, the fact that your husband is a cancer survivor does not factor. No laws that I am ... | |
| FMLA | 5/28/2010 |
| Q: My wife has ovararian cancer and has went thur 2 surgeries and fixing to go thur a 3rd and been ... A: Mr. Swindle: Unfortunately, not much. If they are not bound by FMLA law, they do not have to give ... | |
| vacation pay after quitting job | 5/28/2010 |
| Q: I put in a 3 week notice with my boss, and later asked her if I would be getting my vacation pay on ... A: Leslie: Depends on what state you are in. Most states consider earned vacation as part of your ... | |
| Wage and Hour Law Violations | 5/28/2010 |
| Q: It has come to my immediate attention that myself and my fellow hourly co-workers are not being ... A: Jeff: How a company keeps the time of employees is not legislated. An employee must be paid for ... | |
| Requiring Employees to Arrive to Work Early | 5/28/2010 |
| Q: Mr. Ballas, The company I work for has recently begun requiring its employees to report to work ... A: Ken: A company is required to pay an employee for time worked. If the requirement is to arrive 5 ... | |
| unpaid wages | 5/27/2010 |
| Q: I am a professional nurse. I left a home health agency over 6 weeks ago after they told me that they ... A: Beverly: Your best route is to file a wage claim against the company with the state of Texas. Here ... | |
| Pay Reduction & Work Furlow | 5/26/2010 |
| Q: I work for an "employment at will" company. For the second time in two years, my salary has been ... A: Jody: The compay my reduce the days of the week you work, and by that reduce your pay, unless you ... | |
| FLMA | 5/24/2010 |
| Q: I work for a school district and we have an employee that is on FLMA leave. We are not paying her ... A: Wende: FMLA laws do not cover this. It is strictly up to your company policy for holiday pay. ... | |
| fmla | 5/24/2010 |
| Q: it is a honor to be on this web site. i would like to know what should i do or what could be done. ... A: Red: The question is did you return from FMLA or not. FMLA also has a time limit of 12 weeks per ... | |
| Suspended from work | 5/23/2010 |
| Q: I was suspended from work a week after an incident. The day it happened I was asked to sign a half ... A: Krystal: I have seen companies to this and although it does not seem fair, there is no law against ... | |
| Forced Volunteer Time | 5/22/2010 |
| Q: An EMS agency in my area mandates volunteer time. It has two different staffs, a paid staff as well ... A: Rebecca: I think this is strictly against existing minimum wage laws, especially if you are ... | |
| KY - rest breaks and the Railway Labor Act | 5/22/2010 |
| Q: Ballas, I work in Kentucky, in the food service industry. The labor signage says that we are exempt ... A: Anne: The Railway Labor Act covers railroads and airlines. If you work in food service and are an ... | |
| Wrongful termination/time slip | 5/22/2010 |
| Q: I was just fired from a job at a movie theater. I have two questions regarding the termination. ... A: Emily: Most jobs are at will, meaning you can be dismissed without cause or reason, as long as the ... | |
| Termination Policy - Private Preschool | 5/22/2010 |
| Q: I am writing the Employee Handbook for a private, church-affiliated preschool in Georgia. We need a ... A: Erin: If your application for employment is typical, it states that employees are "at will" meaning ... | |
| Received Bounced Check and Overdraft Fee's from private employer. Paid The check amount, but refuses overdraft damages | 5/21/2010 |
| Q: I'm a freelance editor and I work on various gigs. Currently I'm working on an independent feature ... A: Mr. Shipman: I think you can take him to small claims court for the fees, but it may take a long ... | |
| FMLA and vacation time | 5/20/2010 |
| Q: We live in Kentucky and my husband hurt his back several years ago at work. He's been with the same ... A: Kathy: Sounds as though you husband is eligible for intermittent MLA, meaning he can be excused ... | |
| salary employee overtime | 5/19/2010 |
| Q: My husband works as a salary employee. He works an average of 50 hours a week. He goes to around 5 ... A: Tabitha: The only thing you describe that could be illegal is their taking lost inventory monies ... | |
| 7 min Clock in rule | 5/18/2010 |
| Q: We are under a CBA. Due to a new time reporting system, management has implemented a 7 min clock ... A: C: I know of no such law regarding a 7 minute clock rule.. There are laws that require an employer ... | |
| Physical Disability and moving at the job | 5/18/2010 |
| Q: My husband's was injured (shattered both his heels which now have 9 pins in each) while serving in ... A: Lisa: If your husband is not asking for help because he is fearful of losing his position, there is ... | |
| termination due to depression | 5/17/2010 |
| Q: A family member was terminated from his job last summer from a school district after 6 months for ... A: Norma: If the disability is ongoing and he is diagnosed by a medical provider then he should not ... | |
| pay reduction | 5/14/2010 |
| Q: what is the legal limit on a company for it to cut pay rates across the board and how much of a ... A: Larry: Absent a contract or union agreement, there is no limit on how much pay is cut. As for ... | |
| PTO & FMLA | 5/12/2010 |
| Q: On April 1st, our facility was purchased by another company. The old company is dragging feet in ... A: Robert: You can make a wage claim if you wish, but I am not sure how IL will handle it, given the ... | |
| Part-Time to Full-Time Employment | 5/12/2010 |
| Q: I work part-time and care for my disabled spouse. My company now wants to change my position to ... A: Monica: Filing for FMLA is simple, send a letter to the Company. They must conditionally grant the ... | |
| human resouces law | 5/11/2010 |
| Q: I was recently dismissed from my job. There were allegations made against me that I tried to kiss ... A: Mr. Hansbrough: My guess is they changed the date after discussing it with the claimant. If the ... | |
| Being required to take classes off the clock | 5/11/2010 |
| Q: I work in a restaurant in VA and am an hourly employee. Is it legal for my employer to start making ... A: Amanda: Sounds like they should be paid. I would ask the owner to consult with Subways HR ... | |
| Part-Time to Full-Time Employment | 5/10/2010 |
| Q: I work part-time and care for my disabled spouse. My company now wants to change my position to ... A: Monica: You may not have any rights. First, the company must qualify to be covered by FMLA. If ... | |
| Internship | 5/8/2010 |
| Q: I was given a offer letter from a company in NJ for internship with a specific joining date. Just ... A: Henry: I suspect they still can withdraw the offer without giving you a cause of action. Most ... | |
| Privacy rights | 5/7/2010 |
| Q: I was recently terminated from my job of 12 years. What are my privacy rights post employment? What ... A: Susan: Most companies will give only dates of employment, but it really depends on what your ... | |
| FMLA violation? | 5/7/2010 |
| Q: Ballas, My husband used FMLA to get his hip replaced. He returned after 11 weeks to work. He went ... A: Melendia: As of yet the company has not violated FMLA. Certainly they are free to hire another to ... | |
| Being required to take classes off the clock | 5/5/2010 |
| Q: I work in a restaurant in VA and am an hourly employee. Is it legal for my employer to start making ... A: Amanda: If the classes are work related then I think they must pay you. If not, and they are ... | |
| PTO affected by full-time to part-time status change | 5/4/2010 |
| Q: In April of 09, my employment status went from full-time to part-time. I had accrued almost 30 hours ... A: Mr. V: Here is a link to Q%26A's on the subject. At this point, I would file a wage claim for the ... | |
| hostile work environment | 5/4/2010 |
| Q: Can I resign due to a hostile work environment and if so how do I write the letter of resignation? A: Marsha: I would recommend resigning only if you have advised the company of the issues and given ... | |
| vacation pay | 5/4/2010 |
| Q: We are going to have a new owner of the business and i am wondering if you have accrued vacation pay ... A: Matthew: It depends on many variables. Did the old owner go bankrupt? Did the business name ... | |
| Sick Child | 5/2/2010 |
| Q: My husband and I have two small children with a chronic illness. They get sick regularly and ... A: Ms. Koroskenyi: Unless your husband's company is covered by FMLA, and he is eligible for FMLA ... | |
| reason for termination | 5/1/2010 |
| Q: my son worked for an oilfield company for about two years,he failed to sign his safety sheet after ... A: Sue: If the company will not tell you what the other reason was there is nothing you can do about ... | |
| work issue | 4/28/2010 |
| Q: i was working as a site manager but they took me of position and owner put me to work as a audit ... A: Melvin: Employers may move employees to other duties as they wish, even if the employee does not ... | |
| Per Diem | 4/27/2010 |
| Q: I was hired per diem 7 months ago that being said I have been working 40 hours plus a week and also ... A: James: Typically anyone working more than 35 hours per week is considered full time. There are no ... | |
| Relocation payback | 4/27/2010 |
| Q: I worked for a major retailor for 3 months..... I was told that I was not a good fit for the company ... A: Felicia: Hard to say without seeing the contract. Many of these things are binding, some are not. ... | |
| Register short | 4/26/2010 |
| Q: I have two questions. I am a cashier in NJ and if you're drawer is short they make you pay it back. ... A: K: They cannot force you to make up the shortage. From the NJ web site under employment. Tom ... | |
| Question | 4/23/2010 |
| Q: When you leave a job, as a full time employee are you supposed to get your PTO hrs & Personalday hrs ... A: David: Yes, see below from the CA web site under Employment. Hope this helps. Tom Ballas Q. ... | |
| checks | 4/21/2010 |
| Q: its in Idaho it was blue ribbon... A: Doni: From the Idaho web site, under employment. Hope this helps. Tom Ballas When is the last ... | |
| Timesheet Changes | 4/21/2010 |
| Q: Is it legal for an employer to change the employee's time sheet simply because the employer does not ... A: Rich: An employer must pay the employee for the time worked, if they know the employee worked the ... | |
| Sexual Harassment | 4/20/2010 |
| Q: Ballas, I was accused of sexual harassment and terminated without getting a chance to defend ... A: Chris: If you are an exempt or salaried employee, without an employment agreement or a hourly ... | |
| Compensation/Severence Agreement | 4/20/2010 |
| Q: My severance package is a monthly payment consisting of 6 months. It doesn't include a start date. ... A: Jessica: Typically a severance package payment begins on the day after termination. I don't think ... | |
| Work injury | 4/15/2010 |
| Q: I am a dual employee at the school. I drive a bus two hours in the morning and then two hours in the ... A: Tabatha: State and federal laws do not address absenteeism policies for companies. What you ... | |
| FMLA query | 4/14/2010 |
| Q: I am a department manager in Oklahoma. I have an employee who has been granted intermittent FMLA to ... A: Mr. Briggs: FMLA provides an employee's physician must document the medical issues and how long ... | |
| question | 4/14/2010 |
| Q: I am a bargaining unit employee that recently was told my job was being abolished. My employer has ... A: Kate: Impossible for me to know without seeing the Agreement, but if your job is abolished the ... | |
| Expenses | 4/14/2010 |
| Q: I am traveling for work and have an employee responsible credit card that I use to pay my own hotel ... A: Bobby: All this is company policy, as state and federal government laws do not legislate such ... | |
| Employer not giving last check | 4/13/2010 |
| Q: I worked in Kansas City, MO for an apartment complex and I worked for about 3 1/2 months.I was ... A: NeCole: By law, your last paycheck is due within 7 days. Below is the language of the law in MO. ... | |
| Suspension from work. | 4/12/2010 |
| Q: If a company has decided to suspend you from work for 1 day, can they choose which day they want to ... A: Kimberly: Yes, the company can choose which day. Company discipline is driven by company policy. ... | |
| termination | 4/5/2010 |
| Q: can you be fired for having an affair with some married if you work at a hotel? A: Sterns: Most companies employ people on an "at will" basis, meaning you work there because you wish ... | |
| Fired while on Probation | 4/2/2010 |
| Q: I was working as a program coordinator at a small non-profit for two years, and had been put on ... A: Claire: I suspect you still have a chance, provided you tell the story as you presented it here. ... | |
| Bonus Checks. | 3/31/2010 |
| Q: I am a straight commission salesman; the Top selling salesman in the company I work for. I have a 8 ... A: Marc: Typically not legal. If you work under a method of pay, a company is not obligated to ... | |
| Vacation accrual | 3/31/2010 |
| Q: I have taken over the management of a small company in southern California. Employees have been ... A: Tim: Correct. You do not have to do this, you can do what you described. No doubt you will get ... | |
| sick time | 3/31/2010 |
| Q: We have an employee who is now on bed rest until she delivers her baby in September. Her last day ... A: Rebecca: Most companies have employees go on sick leave to continue their pay for that amount of ... | |
| Vacation accrual | 3/31/2010 |
| Q: I have taken over the management of a small company in southern California. Employees have been ... A: Tim: You state some have 300 hours and you have no problem honoring what they have earned, and ... | |
| STD/Discrimination | 3/30/2010 |
| Q: I have fibromyalgia and which has become more severe in the past 6 months. My Dr ordered physical ... A: Amy: Send a certified letter, return receipt requested, or hand carry a request for a leave under ... | |
| Total compensation Form | 3/30/2010 |
| Q: I work for a company in NJ that provides group homes and programs for adults with disabilities. A ... A: Megen: If this is an internal document that is used for company personnel only it is not illegal if ... | |
| Failure to accomodate disability | 3/29/2010 |
| Q: After a collapsed lung and hospitalization, my roommate went back to work and was told to do heavy ... A: George: If the employer has more than 15 employees in the location your roommate works then the ... | |
| miscalculated retirement payment | 3/27/2010 |
| Q: I retired from the Permanente Medical Group effective 8/1/2009. I received a supplemental retirement ... A: Dennis: It sounds as though you need legal advice. It depends on if you signed any documents upon ... | |
| Lunch breaks/equal pay | 3/26/2010 |
| Q: This is a two part question.FirstMy company has been enforcing me to take a lunch break against my ... A: Rodney: The company sets the work hours, therefore may instruct employees to take a lunch period, ... | |
| laws regarding health and being seated at work | 3/26/2010 |
| Q: I have been employed as an artist in a faux finishing studio for the past 3 years. I enjoy the work ... A: Sandy: It depends on how many employees the business has. If more than 15, the company is subject ... | |
| payroll deductions | 3/25/2010 |
| Q: The human resources at my husbands workplace says he can't take his word that his debt being paid ... A: Christina: Give the employer an instruction in writing to discontinue the withholding from the ... | |
| Mandatory course for work to be taken on my days off d/t lack of staff to cover my shift. | 3/23/2010 |
| Q: The new hospital I am working for is wanting the RNs to get their ACLS (advanced cardiac life ... A: Renee: Most hospitals will pay for such time, although many may pay only straight time, not OT. I ... | |
| FMLA | 3/22/2010 |
| Q: An employee takes a medical leave, at the request of the doctor, from the 18th to the 18th, is gone ... A: J: If the company wants to get tough it can cancel the leave given the papers were not received ... | |
| Being sick at work | 3/22/2010 |
| Q: I work at a fast food restaurant and i was puking and they would not let me leave. is that even ... A: Charlie: It is not illegal. That said, if you are too sick to work at a fast food restaurant, you ... | |
| Business Travel | 3/19/2010 |
| Q: My company is now dictating that all airline travel occur during non-business hours, even though the ... A: Tom: Presuming you are on an "exempt" position, that is a position exempt from overtime, there is ... | |
| unpaid training | 3/19/2010 |
| Q: I started my new job about 2 weeks ago. I was not informed that there would be any unpaid training ... A: Jackie: Under some circumstances it is legal. If you are actually an employee you should be paid ... | |
| Pay deduction | 3/18/2010 |
| Q: I am paid based off of a base salary and commission of gross profit monthly. I do not acquire ... A: Erin: If you do not acquire sick leave then the company does not have to pay you anything ... | |
| Involuntary payroll deduction | 3/16/2010 |
| Q: I work for a temporary staffing agency located outside of the state where I live. I gave them the ... A: David: Typically not. They should not make you pay this charge and they cannot withhold it from ... | |
| Insurance Premium Cost | 3/16/2010 |
| Q: I work in Florida for a company which recently laid off 35 of their 40 employees. I am one of the ... A: Stephanie: When companies get in financial trouble and cannot pay premiums there are many variables ... | |
| Employer Withholding Taxes | 3/15/2010 |
| Q: My wife works for a local casino here in Reno, NV and when we went to do our taxes, we realized that ... A: David: Withholding is driven by info claimed by the employee. If your wife told the employer to ... | |
| intermittently FMLA certification | 3/15/2010 |
| Q: Does employers have the right to ask for the past years medical reports, test results, etc as a part ... A: Angel: Employers are allowed to ask for pertinent medical records that are concerned with the ... | |
| Family Berevent Leave | 3/14/2010 |
| Q: My Dad recently passed aay and the company I work for did not give me time off for this? Is that ... A: Cheryl: It is not illegal to refuse to allow someone off for a funeral, even if it is a parent. ... | |
| clocking in and clocking out | 3/12/2010 |
| Q: Recently the admin staff at my company got a new boss. The new boss is requiring us to clock in and ... A: Nancy: You must be paid for time worked. How a company keeps the time is not governed, but you ... | |
| Clocking in and out | 3/10/2010 |
| Q: We have employees in California who currently work 12 hour shifts. We give them two 15 min break and ... A: Barbara: There are many variables, including what type of work the employee is involved in. Here ... | |
| Vacation earned | 3/8/2010 |
| Q: Our compÀny has been sold, is either company required to pay accrude vacation time. Company is in ... A: Greg: The only way to determine this is to ask HR. Put it to them like this: Since vacation here ... | |
| SPI | 3/7/2010 |
| Q: I am on SPI,I am not a member of a union but in a management position.I would appreciate any ... A: Nancy: Here is a link to the LLFPA, plus you can Goggle it and get more info. I do not know what ... | |
| mandatory meeting off the clock | 3/6/2010 |
| Q: i live in Arizona and have several mandatory staff meetings which i have to pay for gas to get to ... A: Dustin: In large part it depends on the position you hold at the company. Some positions are ... | |
| Discrimination based on city | 3/4/2010 |
| Q: I recently attended a job fair where I had the chance to talk to prospective employers. Several of ... A: Ben: It is not illegal. Employers may not discriminate on the basis of age, gender, race, ... | |
| volunteer layoff | 3/4/2010 |
| Q: Can you still draw unemployment after your severance runs out if you opt to accept the volunteer ... A: Sandy: It depends on the terms of your separation. Many times employees "volunteer" to be laid off ... | |
| Wronfull Suspension from Work | 3/3/2010 |
| Q: I am asking on behalf of my husband who is a Fire Chief for a small town in Colorado. About a week ... A: Melony: I would have to know the terms of his contract to be sure but if it is silent on discipline ... | |
| Non seperation issue | 3/1/2010 |
| Q: I would like to know why my benefits are on "hold" all of the sudden due to a "non separation ... A: Cheryl: I am not sure what your company means by "non separation issue". It may be there has been ... | |
| Serverance / EEOC Claim | 2/28/2010 |
| Q: I was an officer in an ESOP owned company. I & the President did not hit it off on some ethical ... A: Mr. Cimino: I would not sign the check if it represented monies that you would receive had you ... | |
| Waitress food breaks | 2/27/2010 |
| Q: My daughter sometimes works a double shift as a waitress.( 16 hours) Does her employer in Pa. not ... A: Candance: It depends on how old she is. If she comes under Child Labor Laws what you describe is ... | |
| 7 minute timeclock rule | 2/26/2010 |
| Q: Im in missouri and my supervisor emailed me with this new rule (below). I thought I could time in 7 ... A: Don: The rule is legal. Companies must pay employees for time worked. How the employer tracks the ... | |
| lay-offs vacation check | 2/26/2010 |
| Q: I recently got laid off and i had 3 day of vacation time left on my check. They wont cut me the ... A: Jake: Depends on the company policy on vacation and what state you work in. If the policy is to ... | |
| mandatory direct deposit | 2/26/2010 |
| Q: Are there any exceptions to the Nebraska law that lets employers mandate direct deposit of wages? ... A: Marcia: I can't find a law on it in Neb, but can tell you that in most states the employee must ... | |
| Temporary Lay Offs | 2/25/2010 |
| Q: What are the laws for temporary layoffs in the listed states below? Is there a time limit as to how ... A: Linda: You can lay off employees for as long as you wish, understanding of course that if you do ... | |
| payroll stubs | 2/24/2010 |
| Q: I work in retail and get paid an hourly rate plus sales incentives per sale I make. Every sale has a ... A: Jenn: Yes, you can request it, and they should provide it to you, as it is part of the information ... | |
| Commission Employees | 2/23/2010 |
| Q: My boyfriend works for a mortgage company. When he was hired, he was paid a salary ($22,000 per ... A: Alyssa: Typically, employees must be paid at least minimum wage for hours worked. So, if you work ... | |
| re: payroll stubs | 2/23/2010 |
| Q: i have direct deposit, and in my contract for work it does not say that i have to sign for my ... A: Eileen: In most states employers must provide a stub or the information to you. To know for sure ... | |
| re: payroll stubs | 2/22/2010 |
| Q: i have direct deposit, and in my contract for work it does not say that i have to sign for my ... A: Eileen: An employer must pay you for the time worked. If there is a policy or request you sign for ... | |
| overloaded with work | 2/21/2010 |
| Q: I work at a Skilled Nursing Facility. I am currently the Accounts receivable and billing ... A: Debra: Since you have told her this directly and she still behaves the same I am not sure you can ... | |
| after hour requirements | 2/17/2010 |
| Q: at my job that are trying to give us more education to make us better operators they want us to go ... A: Laura: If this education occurs during the work day, you should be paid for it. Certainly they ... | |
| MO Salaried Overtime/On-Call Laws | 2/17/2010 |
| Q: In Missouri, are there any laws about what is acceptable for an employer to demand for hours outside ... A: Dale: If you are over 16 years old there are no limits regarding work hours, unless there is an ... | |
| cummission rights | 2/14/2010 |
| Q: my girlfriend works at petsmart grooming salon. they are hourly till they reach a set amount in ... A: Mr. Dickerson: In most states, the amount of money one earns, via hourly and commissions must equal ... | |
| final paycheck held for 2 weeks still nothing | 2/12/2010 |
| Q: I was a salaried employee and my previous has not paid me for days worked or my earned time of ... A: Ralph: Texas laws apply, and on the web site attached below is language that says you should have ... | |
| final paycheck held for 2 weeks still nothing | 2/11/2010 |
| Q: I was a salaried employee and my previous has not paid me for days worked or my earned time of ... A: Ralph: Most states have laws that address this issue, and make it mandatory for separated employees ... | |
| On-Site Manager Employment Contract | 2/10/2010 |
| Q: Are the following enforceable in a CA on-site manager employment contract: -termination claue ... A: I would prepare a letter and ask for a meeting with the principles in charge of this area. Make the ... | |
| Not paid for all my time | 2/10/2010 |
| Q: I took a short-term contract position with a vendor to a local government. I was asked to train the ... A: Dan: If you do not have a written contract spelling out the scope of work and the pay for that work ... | |
| withholding 1 weeks paycheck/asbestos | 2/10/2010 |
| Q: I have worked for my employer for 7 yrs., myself and my co-worker are the employees. Within this ... A: Mr. Lampley: Many states have laws on frequency of pay, but some do not. I would have to know what ... | |
| Husband's boss making odd demands on his employees | 2/10/2010 |
| Q: My husband told me this morning he is not looking forward to work at all. I am 28, my husband's 31, ... A: Ms. Johanssen: The behavior is unacceptable and creates several sexual discrimination issues. If ... | |
| Employer Keeping Insurance Premiums | 2/9/2010 |
| Q: What laws protect employees who have had premiums payroll deducted for pre-tax insurance program and ... A: Julia: The situation you describe indicates the employer could be guilty of fraud. Additionally, a ... | |
| tips how do you | 2/9/2010 |
| Q: how do you add an employees tips to ther pay check so that they can be taxed on them? A: Sir: Instruct employees to turn in the tips to management so you can account for the amount and ... | |
| Breaks | 2/1/2010 |
| Q: Can you please tell me what the state law requirements are for breaks and lunches? How many hours do ... A: Terry: Michigan law does not require a break for adult workers. From the Michigan web site: ... | |
| Demotion | 1/31/2010 |
| Q: I was working at a company for 3 years before I went overseas for 10 months as a student. When I ... A: Donovan: I am not an expert in Australian labor laws but my guess is your demotion is not illegal. ... | |
| Unemployment benefits | 1/30/2010 |
| Q: This is my story. I've been receiving unemployment benefits since 2008. In the beginning of 2009 I ... A: Alan: I am no tax expert, but I think your stock market losses can be used to offset stock market ... | |
| employment law for commissioned employees | 1/29/2010 |
| Q: I read this question and answer and I have a similar situation:"I work for a hair salon and spa in ... A: Dan: They key here is wether or not your position is exempt from overtime or not. Without knowing ... | |
| Volunteer Work while off-duty | 1/28/2010 |
| Q: Can an employer limit the amount and kind of volunteer activities that and employee participates in ... A: Kenny: There is no way for me to know definitely one way or another. I doubt if it is illegal if ... | |
| Volunteer Work while off-duty | 1/27/2010 |
| Q: Can an employer limit the amount and kind of volunteer activities that and employee participates in ... A: Kenny: I would hate to tell you no, they cannot do so, when I don't know what state you are in, ... | |
| Vacation Pay question | 1/27/2010 |
| Q: My wife was laid off from her job. The workplaces policy on vacation was they would give it to you ... A: Joshua: If your wife signed the severance agreement that states this money would be withheld, I ... | |
| Volunteer Work while off-duty | 1/27/2010 |
| Q: Can an employer limit the amount and kind of volunteer activities that and employee participates in ... A: Kenny: Yes, under certain circumstances. If you work in a safety sensitive position, such as a ... | |
| No grace period | 1/27/2010 |
| Q: my job used to have a 6 min grace period. then they went down to 4 mins. now they tell us we no ... A: Josephine: Is is legal. State and federal laws do not legislate how a company handles tardiness. ... | |
| unusual overpayment situation | 1/26/2010 |
| Q: I was terminated in 2002 without cause and after a 5 year fight, won my job back in 2007. Unknown to ... A: Mr. Achey: If you owe dollars account overpayment, they cannot withhold the pay you earn without ... | |
| holding final pay | 1/25/2010 |
| Q: I'm being laid off from school district in California. It's been clear that this is going to be ... A: Paul: There are variables, but generally you must be paid out promptly. Here is a web site from ... | |
| Employees changing the time on their timecards. | 1/25/2010 |
| Q: Is it illegal for employees to change the time on their timecard? My time clock stamps the time and ... A: Dairy Farmer: It is not illegal. That said, as the employer, you control the instructions ... | |
| want to swith over from Shot Term Dis/FML to workmens comp | 1/24/2010 |
| Q: I am not sure if I can switch over from my STD/FML to workmens comp due to the circumstance of my ... A: Wardell: If you injured your back while on duty and under pay, that should be covered under ... | |
| VACATION TIME | 1/23/2010 |
| Q: I WORK AT WASTE MANAGEMENT IN ORLANDO....MY SUPERVISORS ARE MAKING EVERYBODY THAT WORKS THERE TAKE A ... A: David: The short answer is yes. Vacation is neither mandated nor legislated by state or federal ... | |
| Direct Deposit in PA | 1/21/2010 |
| Q: My employer is switching to direct deposit and said that if I don't fill out the forms I won't get ... A: Brooke: Apologies. I cannot access the PA web site to find the answer to your question. Usually, ... | |
| commission | 1/21/2010 |
| Q: Can a timeshare resort hold my commissions for six months? Then after six months not pay me my ... A: Joe: There is nothing you can do to get documents that you signed, as they are the property of the ... | |
| suspension from work | 1/20/2010 |
| Q: I was suspended yesterday because the federal marshal came to my job to serve me a warrant on ... A: Leeann: Yes, they can do so, unless you have an employment or union agreement that prohibits them ... | |
| Harassment | 1/20/2010 |
| Q: I have a person I work with. We was just friends, things turned for the worst when she had in her ... A: Nicholas: I would simply advise her you are through with the relationship. If she continues to ... | |
| Bullying | 1/20/2010 |
| Q: Can we talk back to our superior(s)? (when being disrespected) What can you do if your superior ... A: Frank: If you get a review you disagree with, you should always respond in writing to the ... | |
| Overtime VS Commissions | 1/19/2010 |
| Q: My company recently changed most of us from an exempt position to hourly wages. They will now pay ... A: Brenda: How a company pays its employees is up to the company, absent a union agreement or ... | |
| Salaried worker | 1/18/2010 |
| Q: My wife works for a company as a salaried manager. In a typical week she is required to work 60+ ... A: E. J. To answer specifically, I would have to know what state you are in. Most states do not ... | |
| forcing part time employees to full time or termination | 1/17/2010 |
| Q: I am a resident of Illinois and I have been employed as a part time office worker for 9 years. ... A: Grayce: The employer is allowed to set the terms of employment if there is not a union or ... | |
| No Payment and hour reduction | 1/12/2010 |
| Q: I live in Texas and work for a non-profit organization. In September my hours were reduced from 50 ... A: Wilhemina: You should immediately file a wage claim against the employer, who is violating several ... | |
| FMLA outside sales | 1/12/2010 |
| Q: headquartered in NY, says outside sales people do not qualify for FMLA. I am an outside sales ... A: Jeanne: My guess is they are telling you the company is not covered by FMLA account they do not ... | |
| contract not renewed | 1/10/2010 |
| Q: Is there any case where the employment contract was not renewed because the employee had an ... A: Cos: If they will not discuss it with you on any level, you may want to consider filing a complaint ... | |
| WORK SCHEDULE | 1/9/2010 |
| Q: My wifes company is forcing her to show up to work on Sunday at 6am for a 2 hour meeting, then she ... A: CORD It is not illegal. Companies may set the time for mandatory meetings. Employees have to ... | |
| contract not renewed | 1/9/2010 |
| Q: Is there any case where the employment contract was not renewed because the employee had an ... A: Cos: Typically, one can be dismissed without cause or reason. If the person has a known (to the ... | |
| STD/FMLA/Vacation | 1/9/2010 |
| Q: A coworker of mine was out for 7 weeks in 2009 due to a heart attach. He was out on STD. Based on ... A: Kathryn: FMLA protects your health care benefits and your employment. It does not protect your ... | |
| Lunch breaks | 1/8/2010 |
| Q: Can your place of unemployment force you to take a lunch hour or 1/2 if you work an 8 hour day? A: Cheryl: It may depend on what state you are in, so I have to know that first. In most states, the ... | |
| FMLA after 12 weeks | 1/8/2010 |
| Q: I injured my self Oct.19 and ruptured the tendon in my right ankle. Had surgery on Oct. 26. It is ... A: Kevin: The employer is not under any obligation to return you to work. FMLA protects your position ... | |
| From salary to hourly | 1/7/2010 |
| Q: When I started working at my current company, I was hired on a salary basis. $48000 a year and once ... A: Veronica: Absent an employment agreement that says otherwise the employer may change the terms of ... | |
| Termination of Employment | 1/7/2010 |
| Q: I live in Texas and had worked for my employer for two years. This was my first offense there.... ... A: Kim: Texas is an "at will" state, meaning one works for a company because he wishes to, and because ... | |
| employment law for commissioned employees | 1/7/2010 |
| Q: I work for a hair salon and spa in indiana,My question is can we be made to come in during our off ... A: Dorothy: If you are an employee, paid by commission, your commission must equal the number of hours ... | |
| rights of independent contractors | 1/6/2010 |
| Q: I was hired as an independent contractor, and soon found that my boss hired me as such to pay less ... A: Kelly: It does indeed sound like you are being treated as an employee. Here is a link to help ... | |
| Commissions paid | 1/6/2010 |
| Q: I was employed with a company who paid base salary plus commission. I resigned to take another ... A: Gail: If the company policy on commissions was that you had to forfeit commissions account ... | |
| TX Labor Law- Shortened Lunch | 1/6/2010 |
| Q: I have a friend who just went under a probation period today for job related issues. In this ... A: Krissy: Yes, the company may give lunch periods as it sees fit. What they cannot do is treat your ... | |
| fmla | 1/5/2010 |
| Q: Recently I asked for FMLA from my employer for being seriously ill. In our company handbook it ... A: Season: I am sure you can find a lawyer who will tell you he can be successful with a lawsuit, but ... | |
| Last paycheck with held | 1/5/2010 |
| Q: I still owe my former employer money. I recently have parted from this job due unlawful business ... A: Carla: You must be paid if you worked. From the WI web site: Wage Payment Chapter 109, Wisconsin ... | |
| Cancer and Employment | 1/4/2010 |
| Q: Ballas: Thank you for taking the time to answer my question. I will try to be as brief as possible ... A: Lisa: COBRA is typically 18 months, at the employees expense. However, if one is awarded SS ... | |
| Cancer and Employment | 1/4/2010 |
| Q: Ballas: Thank you for taking the time to answer my question. I will try to be as brief as possible ... A: Lisa: Let me answer your questions first. 1. I would certainly sit down with the Boss again to ... | |
| Banned cell phone at work | 1/3/2010 |
| Q: Our employer has suddenly created a new clause to the company policy prohibiting personal cell ... A: Gene: Yes, it is permissible. Certainly it is a strict policy, and I would respectfully request of ... | |
| Scheduling and HR in hourly part-time position | 1/2/2010 |
| Q: Good day sir, 1. I was hired for a major hotel in CT as a bartender/server. I have since been ... A: Joshua: It certainly does not seem fair, but what you describe is not illegal, in my opinion. Bad ... | |
| Direct Deposit | 12/31/2009 |
| Q: If schedule pay date falls on a federal holiday, is it the employers responsibility to have direct ... A: Brenda: While that is typically what is done, it is not legislated by state and federal laws. Most ... | |
| can employer keep last check and tips | 12/30/2009 |
| Q: I was fired from a job and my employer refused to give me my tips from the day or issue my last ... A: Ashley: It is your earning and you should get paid. Here is the same question posted on the GA web ... | |
| Removed from work unvoluntarily, forced into Employee Assistance Program after sexual harassment report | 12/27/2009 |
| Q: I am a flight dispatcher for a US airline. Recently things have been rocky at work. There had been ... A: Christi: If you have already filed a complaint with the labor board, I suggest you keep good notes ... | |
| employer requirement disclosure | 12/25/2009 |
| Q: Does an employer have to reveal any and all requirements for employment to a prospective employee? I ... A: Alan: A company may establish hiring criteria as they see fit, as long as it is not based on age, ... | |
| paid straight commission | 12/24/2009 |
| Q: I am a sales rep that picks up and places orders i get paid commission on what i sale but i don't ... A: Orlando: Certainly the company can dictate when you get credit for the commission sale, state and ... | |
| Benefit Deductions | 12/23/2009 |
| Q: My employer is withholding benefit deductions from my payroll check weekly. I just filed a claim ... A: Van: If they withheld the money from you check, but did not pay the premiums for the insurance, ... | |
| restroom law | 12/23/2009 |
| Q: by law how many times can you go to the restroom doing a 11hour shift? A: Jessica: Such things are not addressed in state and federal laws. If frequency is an issue, ... | |
| Being paid Straight Commission | 12/22/2009 |
| Q: My husband was terminated 5 months ago after 9 years, his job is classified as outside sales. He ... A: Tammy: It depends on the hearing. If they prove their case, their dismissal will be sustained by ... | |
| Employee rights in small company | 12/22/2009 |
| Q: Ballas, Are there any laws that protect employees of very small organizations? I work for a trade ... A: Scott: If your company does not come under FMLA, and it apparently does not, then you are not ... | |
| Federal Lay off laws | 12/22/2009 |
| Q: Can you tell me what the lay off rules are for both hourly and salaried employees in the state of ... A: Jim: It depends on several variables. You are thinking of the WARN Act, here is a link that ... | |
| Being paid Straight Commission | 12/22/2009 |
| Q: My husband was terminated 5 months ago after 9 years, his job is classified as outside sales. He ... A: Tammy: Absent an employment agreement or union contract, my guess is your husband may be dismissed ... | |
| compinsation | 12/21/2009 |
| Q: I work for a phone book company and am paid on a compensation basis only for yellow page adds, ... A: Ms. Pinnock: If these were mandatory meetings your pay for the week that you attend must equal at ... | |
| firing and no-compete clause | 12/18/2009 |
| Q: A friend of mine lost his job today, because he was fired, and according to the reason for the ... A: Virginia: It is impossible for me to say for sure without seeing the agreement, but I doubt if he ... | |
| forced payroll deduction | 12/16/2009 |
| Q: My husband works for an auto repair shop in Las Vegas, NV. He repaired a vehicle recently by ... A: Theresa: It is not legal. Here is a link to the Nevada Q%26A on labor law which reads in part: Q. ... | |
| How to terminate a law suit happy employee | 12/16/2009 |
| Q: We have an employee who constantly argues with other employee until they curse her out. She has done ... A: Ms. Lawson: If you work in an "at will" state, and many states are at will, then you may not need a ... | |
| Employer withholding paycheck | 12/16/2009 |
| Q: I work as a paramedic in Texas. My company has a policy that if you don't have your timesheet in by ... A: Brenda: In Texas, the following applies: Rights, Duties and Obligations Each employee who is ... | |
| health insurance | 12/15/2009 |
| Q: I get paid bi weekly and have my health insurance deducted. They are on a 26 week deduction ... A: Joe: Get someone in HR to tell you how much per year you have to pay for health insurance. That ... | |
| Not under FMLA, what are our rights? | 12/15/2009 |
| Q: Ballas, My wife has worked now for a company in Houston, TX for over 6 years that only has around ... A: Nick: Here is a link to info on the Pregnancy Discrimination Act, which says they must protect the ... | |
| banks charging fees to cash payroll checks | 12/14/2009 |
| Q: The laws regarding payroll check cashing seem conflicted. Julie williams of The Office of ... A: Dave: I don't think it unusual for a bank to charge a fee for cashing a check for a non account ... | |
| clock out issies | 12/12/2009 |
| Q: I work for a plumbing company in california..My employer told me I dont have a clock out time.My ... A: Melvin: It looks like they are treating you as a commissioned employee when you are really an ... | |
| Maternity Leave | 12/11/2009 |
| Q: I have been working at my current job since September 2009 and I work part time; so from what I ... A: Jennifer: Here is a link to questions regarding the Pregnancy Discrimination Act. I would tell her ... | |
| bosses how break the law | 12/11/2009 |
| Q: my company is charging us for uniforms but i choose to wash my own does he have the right to charge ... A: Thomas: From the NJ web site for employers: Q. Can I make deductions for uniforms or uniform ... | |
| Volunteers and I-9 form | 12/10/2009 |
| Q: I help coordinate the volunteer program for a large hospice organization and a new volunteer raised ... A: Terry: The below info should help with your questions. No equivalent form that I am aware of. ... | |
| clock out issies | 12/10/2009 |
| Q: I work for a plumbing company in california..My employer told me I dont have a clock out time.My ... A: Melvin: Are you an actual employee, or a contractor? If a contractor, then it may be legal, if ... | |
| payrate change after I left project | 12/9/2009 |
| Q: I was working for a company on a 6 week project. I left the project early because the company rep I ... A: Tiffany: If you have proof the rate of pay was $68 per hour before you left and he has cancelled ... | |
| Mandatory meetings | 12/9/2009 |
| Q: Should I be paid for mandatory meetings? My boss says since the company pays for dinner we will not ... A: Stacy: Most state laws do not address this. The DOL takes the position below regarding mandatory ... | |
| Two Employment Law Questions | 12/7/2009 |
| Q: 1) If you are an hourly employee and scheduled to work till 4pm but your boss is making you stay ... A: Jenny: 1) It is not illegal to have an employee work overtime. 2) Your boss is entitiled to know ... | |
| FMLA - Return to Work | 12/7/2009 |
| Q: Good Afternoon, I took FMLA leave to care for my sick child. I took 2.5 weeks off. My job is ... A: Charlie: It does not sound legal. I think you know the law says your position must be protected or ... | |
| Does a Salary employee become an hourly worker once they are laid off? | 12/7/2009 |
| Q: I have a question that I feel is costing me alot of money in lost wages. Is a laid off employee ... A: Jack: If your duties are such that your position is exempt, then you remain exempt. Many times ... | |
| Does a Salary employee become an hourly worker once they are laid off? | 12/6/2009 |
| Q: I have a question that I feel is costing me alot of money in lost wages. Is a laid off employee ... A: Jack: The position duties drive if you are exempt from overtime laws or not. Here is a link to ... | |
| Hair Salon commission vs hourly wage | 12/4/2009 |
| Q: For the state of Illinois if an employee is 100% commission and the employer forces her/him to be ... A: Annette: I believe if a commissioned employee's pay does not equal the number of hours worked times ... | |
| withholding a loan from check | 12/4/2009 |
| Q: If I have in writing an agreement that the employee will pay back a certain amount, giving me ... A: Angela: It depends on how the agreement is worded. If it states only a specific amount each pay ... | |
| independent contractor or employee | 12/3/2009 |
| Q: my daughter works in a hair salon in Florida. she had been there almost 3 years when she was forced ... A: Brenda: I would have to see it to be sure, but if she is being treated like you say, I would think ... | |
| Vacation Carry-overs | 12/3/2009 |
| Q: I live in Tarrant County, Texas and I work for Staples. There is a confusion amomg some of the staff ... A: Mr. Oti: The Texas law says the company is allowed to establish its own policy on this issue. Go ... | |
| Workplace slander | 12/2/2009 |
| Q: Something has happened to a friend of mine that involves me. With her boss telling my boss in the ... A: Brian: There is no law against telling someone why a person was dismissed from work, although it is ... | |
| RESTROOM ACCESS | 12/2/2009 |
| Q: My boyfriend works in a restaurant and recently he received a notice that employees are no longer ... A: Monica: Not legal. Here is the reference to support. Tom Ballas 29 CFR 1910.141(c)(1)(i) ... | |
| Withholding pay | 12/1/2009 |
| Q: My Husband was hired by a company 11/1/2009. They have yet to pay him stating that his I-9 paperwork ... A: Dolores: There are many variables in Alaska that drive the answer to this question. Here is a link ... | |
| Withholding pay | 12/1/2009 |
| Q: My Husband was hired by a company 11/1/2009. They have yet to pay him stating that his I-9 paperwork ... A: Dolores: Frequency of pay is sometimes legislated by the State, so the answer depends on where he ... | |
| Internal Application Rejected | 12/1/2009 |
| Q: I have been working for a company for the past 5 years and on the path for Supervisor when I was a ... A: David: I would seek out the real decision maker and ask for a meeting to discuss. Take with you a ... | |
| time off/mandatory meeting | 12/1/2009 |
| Q: I work for a small business in CT. On 10/26 I requested December 1 off and was told by the office ... A: Danielle: You can appeal to you Supervisor, but it does not sound as though it will work. ... | |
| Exempt Status | 11/26/2009 |
| Q: I am considered an exempt employee. I am a home care administrator and work full time in an office. ... A: Shelly: If the position is exempt, it is typically on salary. If that is not the case, I would ... | |
| sick pay | 11/25/2009 |
| Q: I was full time and i went to part time they didnt tell me that i wasnt going to be able to keep my ... A: Verionca: Certainly they should have told you this before you went part time. I would contact the ... | |
| mandating | 11/24/2009 |
| Q: when working your original shift, if someone calls out for the next shift, is it mandatory for you ... A: Bethany: Absent an employment agreement or union contract that states you do not have to stay, your ... | |
| Customer service employee rights | 11/22/2009 |
| Q: What are my rights if I have a customer being excessively rude to me over the counter? What if that ... A: Leslie: I would seek advice from your Supervisor on company policy regarding how you should react ... | |
| days in a 40hr work 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. ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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: ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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. ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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". ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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", ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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, ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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: ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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, ... | |
| 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. ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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. ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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, ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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? ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
| 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 ... | |
Employment Law
Answers by Expert:
Thomas R. Ballas
Top Expert on this page
Expertise
I will take questions about EEOC complaints, ADA, FMLA and most Human Resource issues. I am an expert in the Railway Labor Act and collective bargaining agreements.
Experience
I have 36 years experience in the rail industry, 16 as the lead company negotiator for all Section Six talks.
Education/Credentials
BA in Psychology, PHR and SPHR Certifications.
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