| Subject | Date Asked |
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| Register shortage and termination | 10/6/2008 |
Q: I work in Nevada, a right-to-work state. I was terminated for my register being short $70 and ... A: If you can prove the reason is for trying to force you to do something illegal than you can file a ...
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| Hourly to Salary | 10/6/2008 |
Q: my husband's employer switched him from salary to hourly a couple of years ago. Since that time he ... A: There are specific guidelines and employer must follow to classify an employee as exempt (salary). ...
|
| Breaks | 10/6/2008 |
Q: I recently left a New York City establishment where I worked for 17 years and never once were we ... A: The New York Laws say that a 30 minute meal break should be given. Other breaks such as in the ...
|
| Contract Employee | 10/6/2008 |
Q: I am a contract employee in the San Francisco Bay Area, California. Here, most employees commute as ... A: If they are setting your hours, providing you a place to work, telling you when and when not to come ...
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| employer deducting time from timecards | 10/6/2008 |
Q: I work in Minnesota. My employer requires a 30 minute unpaid meal break. If an employee does not ... A: It is not legal for an employer to take the time off the time cards. They however are required to ...
|
| Vacation time | 10/6/2008 |
Q: I have a few questions about taking vacation time on my job. I work for a Corporation. We were just ... A: Florida does not even have a department of labor office. They closed it down. They do not have laws ...
|
| Employment Law | 10/6/2008 |
Q: I was recently laid off from my job due to lack of work. I live and work in Washington State, an ... A: You can be an hourly employee and paid on salary. Unless you are an exempt employee you are still ...
|
| in-house job applications | 10/5/2008 |
Q: I just applied for an in house opening, and got a message saying that the job was filled without ... A: It depends on whether the job was filled before you applied for it. Sometimes jobs are filled rather ...
|
| Employer recollecting FDIC taxes paided | 10/5/2008 |
Q: I was recently laid off from my job of 12 years and on my final paycheck my employer deducted 615.79 ... A: They can collect the gross amount, however, they need to adjust your W-2 with the gross amounts that ...
|
| IL Mnadated Lunch break periods | 10/5/2008 |
Q: I am hearing discrepancies in the amount of hours worked that require a mandated lunch period. I ... A: The state of Illinois does not have a law mandating either breaks or lunch breaks. The Federal ...
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| Doctor's Notes for every sickness | 10/5/2008 |
Q: I work for a company in Illinois and I have been asked to supply a doctors note after missing work ... A: 3 days is the most standard that many companies use. The reason they use 3 days is because if you ...
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| Need help regarding resignation | 10/4/2008 |
Q: I am currently employed with an organization from past 2 months and before joining the organization ... A: You should also get a copy of the offer letter from HR even if it is the same as the email for later ...
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| Purchasing Vacation Days | 10/4/2008 |
Q: Good Day. I am looking for the regulation that governs an employee purchasing vacation time ... A: The IRS does not have a rule regarding vacation. They do not regulate vacation time. Some states do ...
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| Taking me off the clock before I'm done working,and NO Breaks!Help | 10/4/2008 |
Q: I work at a pizza place and the Managers WILL NOT give me a break(I work 6-9 hour shifts).Also,the ... A: Breaks depend on the rules for the state you live in. The federal rules do not cover breaks unless ...
|
| termination and with holding pay | 10/3/2008 |
Q: I went on maternity leave. When I went on the leave I had only been employed by the company 11 ... A: You have a right to complain on a couple of issues. I would file a claim with the EEOC for pregnancy ...
|
| Timecard submittal | 10/3/2008 |
Q: My employer requires that our timecards be submitted by PM on the last Friday of the pay period. ... A: Your payroll needs to be cut off sooner. We cut our payroll off one week and pay the next week. It ...
|
| hourly salary employee | 10/3/2008 |
Q: I work under the class "hourly salary employee" which was created as a result through a class action ... A: You would contact the Department of labor about not being paid for the mandatory meetings. You ...
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| Bounced checks, back paying raise, holding paychecks beyond end of shift: | 10/3/2008 |
Q: I live in Arizona and my employer has lots of issues paying employees. Several people, including ... A: I can't help you much, you should be paid on time and you should not have your checks bounce. You ...
|
| Hourly Wages Unpaid | 10/3/2008 |
Q: Is it legal for your employer to only pay you for 7 hours a day, even if you work more? I worked 8 ... A: This is illegal. You must be paid for all hours you work over 40 in a week. It cannot be averaged ...
|
| Bathroom Breaks | 10/2/2008 |
Q: My wife's place of employment has been on her back since she came back from matirnity leave 4 ... A: This may be in violation of state law, I don't know which state you are in there may be a state law. ...
|
| Withheld wage? | 10/2/2008 |
Q: I'm a choir director at a church, and have been there seven years. There is a sign in sheet at the ... A: In the state of California it is illegal to not pay an employee because he does not turn in a time ...
|
| Employment question | 10/2/2008 |
Q: I have an odd question. My wife works for a convienience store. Her store manager changed her ... A: I do not know if Vermont has a show up rule. I have called and left a message with the Vermont ...
|
| withholding checks | 10/1/2008 |
Q: I've recently been hired to handle HR at a small business in OK. Although I have no formal HR ... A: You cannot withhold checks for this reason. What are you considering required documents for ...
|
| Hourly vs. Salary | 10/1/2008 |
Q: I have been at my job for 5 months now and was hired on with the employer knowing I was attending ... A: It is not illegal for them to ask you to check in and out. It is illegal to dock a salaried exempt ...
|
| Exempt Employee | 10/1/2008 |
Q: We are exempt (salaried, management) employees with a California community college whose contract ... A: Unions have different rules according to the Union Contracts. Without the Union you must be paid ...
|
| Follow up on "overpayment by employer" | 10/1/2008 |
Q: Someone asked you and you answered "An overpayment is the only type of payment which they can ... A: An overpayment cannot be kept legally it is not the employee's money and a mistake was made in ...
|
| Layoff | 9/30/2008 |
Q: My company is eliminating a layer of mgmt which I am a part off (Asst Directors). There are 3 of us ... A: If they are restructuring they can take some time to find another position for one that is being ...
|
| overpayment | 9/30/2008 |
Q: My employerer made a mistake last month and began new contract salaries a month early. Therefore ... A: An overpayment is the only type of payment which they can legally withhold from your paycheck ...
|
| full time position remove | 9/30/2008 |
Q: i work ross dept store as a full time about 2 year.on june 2008 the store manager remove about 5 ... A: I would call the department of labor and talk to them. I don't know of any specific law that is ...
|
| Laid Off Permantly | 9/30/2008 |
Q: A week or two ago the human resourse manger where I work called me into the office and told me they ... A: Depression is an illness and it is covered under the ADA (Americans with Disabilities Act). The ...
|
| Overtime | 9/30/2008 |
Q: I work at a service based company. Recently I worked on a installation for a customer that required ... A: Each day is considered a 24 hour period. I could not find an answer on the California Department of ...
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| FLSA | 9/29/2008 |
Q: I see that you do not deal with commissions, but hopefully you can answer my question as there is ... A: The company can require anyone to clock in and out..exempt, non exempt, commission, peace rate? ...
|
| Vacation Pay and employee termination | 9/29/2008 |
Q: We had an employee that we terminated before one year of service. After one year of service our ... A: Not unless you have said in your policy manual that you will pay them if they terminated. Also if ...
|
| direct deposit (in WA) | 9/29/2008 |
Q: i work for a restaurant (in WASHINGTON STATE) and recently the manager posted a memo that said, ... A: Individual states have the option to mandate direct deposit for their employees. What it means in ...
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| Overtime | 9/29/2008 |
Q: I work at a service based company. Recently I worked on a installation for a customer that required ... A: Okay, If you are in California it is a whole new set of rules. Here is the overtime calculation ...
|
| DEDUCT FROM SALARY PAY | 9/28/2008 |
Q: I WORK IN ST. LOUIS MO. IAM A MANAGER. I GET 5 SICK DAYS & 4 WEEKS VACATION. IF WE CALLIN SICK OR ... A: I do not know how your company has you classified. Most managers can be classified as exempt. There ...
|
| PAY | 9/28/2008 |
Q: IF I AM OVERPAID AND THEY DO AN AUTO-DEPOSIT CAN THEY AUTOMATICALLY GO IN A REVERSE IT AND PUT IN ... A: It depends on your bank if they allow the auto reversal or not. If you know that you are overpaid ...
|
| Meetings during lunch hour | 9/27/2008 |
Q: My boss holds mandatory meetings during lunch hour and does not pay us for the time spent in the ... A: It would depend on whether you are classified as exempt or non exempt. If you are an exempt ...
|
| full time position remove | 9/27/2008 |
Q: i work ross dept store as a full time about 2 year.on june 2008 the store manager remove about 5 ... A: It is not right for them to put employees on part time and take away their benefits and hire new ...
|
| Direct Deposit | 9/26/2008 |
Q: I live in Washington state and I have direct deposit with my employer. I have decided that I no ... A: My employees do this all the time. All they have to do is turn off your direct deposit. They are ...
|
| bonus distribution timeframe | 9/26/2008 |
Q: Is there a federal requirement regarding when bonus's have to be distributed after the end of the ... A: There is no federal law that requires that a bonus check must be paid to an employee. The federal ...
|
| Timecard altering | 9/26/2008 |
Q: I am an office manager for a medium-sized multi-national corporation, with our shop location in a ... A: My suggestion to you is that a cheap timeclock only costs about 200.00. It might be well worth the ...
|
| Payroll Changes | 9/26/2008 |
Q: I've been working for a growing regional financial institution for just short of two years now. Last ... A: It is not required to sign any type of contract for employment unless you are in a Union ...
|
| unpaid mandatory meetings | 9/25/2008 |
Q: I work at a restaurant in NYS that requires workers to be there 15 minutes before (everyday that you ... A: This is not legal and it is not good business practices or ethics. I would suggest you contact ...
|
| discremination/employer violation? | 9/25/2008 |
Q: I am in the state of Ohio and work at the corporate headquarters for a 15 billion dollar company. I ... A: You cannot be terminated because of taking too long to pump milk for your child. This is a ...
|
| Paydays | 9/25/2008 |
Q: My employer has always stated paydays are on the 15th and the last day of the month, Direct deposits ... A: You should contact the Division of Labor Standards Enforcement and explain that your employer is not ...
|
| Timecards | 9/25/2008 |
Q: My employer requires me to call in our time to a voicemail box at the end of each day, then our ... A: There are no laws that say you must sign your timecard or receive copies of it. There is nothing to ...
|
| DEDUCT FROM SALARY PAY | 9/25/2008 |
Q: I WORK IN ST. LOUIS MO. IAM A MANAGER. I GET 5 SICK DAYS & 4 WEEKS VACATION. IF WE CALLIN SICK OR ... A: Managers are exempt employees which means they are exempt from the FLSA and exempt from the overtime ...
|
| Salary Exempt lunch | 9/24/2008 |
Q: I am a Salary Exempt Employee and have a few questions? 1. As salary exempt I am expected to punch ... A: Your employer can require you to clock in and out, but he cannot dock you for taking a longer than ...
|
| wage garnishment | 9/24/2008 |
Q: My son-in-law is going though a separation in the State of Florida. There are no legal papers as of ... A: Unfortunately the state of Florida is not Employee friendly. They do not even have a Department of ...
|
| lunches/breaks | 9/24/2008 |
Q: I am a contractor who provides hourly OT eligable employees to work for a corporate client. The ... A: The state of New Jersey has no provisions for Rest Breaks or Lunch Breaks. Unless the employee is ...
|
| FMLA and Unemployment Compensation Benefits | 9/24/2008 |
Q: I recently injured my foot. It was not a work related injury. I am being treated by an orthopedist ... A: I would contact the department of labor and talk to them. If you can do your job your employer ...
|
| Meal Period / Salary reduction / | 9/24/2008 |
Q: I'm a employee in a restaurant in New York - NY. Is my employer obligate to provide us a lunch time ... A: Your employer can cut your hours back. If he does not have enough work to keep you busy he may send ...
|
| salaried employee vacation pay | 9/24/2008 |
Q: I will be beginning a job where I will be a "salaried employee" paid for 80 hours every 14 day ... A: The laws do not provide for vacation pay either in Federal or in the state of Florida. This is ...
|
| DEDUCT FROM SALARY PAY | 9/23/2008 |
Q: I WORK IN ST. LOUIS MO. IAM A MANAGER. I GET 5 SICK DAYS & 4 WEEKS VACATION. IF WE CALLIN SICK OR ... A: If you have used all of your sick pay and all of your vacation and are off work the company does not ...
|
| privacy for time cards | 9/23/2008 |
Q: my husband lets someone else add up his time card at work but their are to many times I thought the ... A: Your husband needs to keep a copy of the times he works or a copy of his timecard and check it ...
|
| lunches/breaks | 9/23/2008 |
Q: I am a contractor who provides hourly OT eligable employees to work for a corporate client. The ... A: Federal law does not require lunch or breaks. Some state laws do. If you let me know which state I ...
|
| Paycards in PA | 9/23/2008 |
Q: Can employers in Pennsylvania make paycards mandatory/condition of employment? (as long as they ... A: What you cannot do in Pennsylvania is charge the employee any fees for the pay cards. They cannot ...
|
| Background Check | 9/23/2008 |
Q: My past employer will not verify the dates of my employment. Is this correct of them? I am having ... A: Payroll records have to be kept for 3 years some are kept longer for other agencies. No records are ...
|
| Termination of employment | 9/22/2008 |
Q: My mother has worked at a hospital in Georgia for 15 years. 2 1/2 years ago, she was given a ... A: The American's with Disabilities Act does not save her from a budget cut. If jobs are cut and the ...
|
| Timesheets | 9/22/2008 |
Q: I have worked at the same company for over 7 years, and I'm considered an "exempt" salaried ... A: The company may as exempt employees to fill out timesheets and they may require them to log in and ...
|
| HOURLY VS SALARY | 9/22/2008 |
Q: I AM AN EMPLOYER IN CA AND I WAS WONDERING IF I CAN TRANSFER MY HOURLY EMPLOYEES TO SALARY A: You can pay hourly employees on a salaried basis. They will still be non exempt employees and you ...
|
| Salary Exempt lunch | 9/22/2008 |
Q: I am a Salary Exempt Employee and have a few questions? 1. As salary exempt I am expected to punch ... A: They can require you to clock in an out as an exempt employee, that is not illegal. They cannot ...
|
| Late Paychecks | 9/20/2008 |
Q: My paychecks have been late consistently for about a year. I get paid bi-weekly and on average i am ... A: A former employee has a claim under the Act for the collection of the monetary equivalent of his/her ...
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| worked but did not get paid | 9/19/2008 |
Q: I worked for a lady who owned her own franchise of sports coaching for children. I worked for her ... A: You can either file a claim for unpaid wages with your local department of labor and they will ...
|
| Labor questionURGENTTHANKS! | 9/19/2008 |
Q: If a salaried employee takes half a day off, is that employee supposed to be paid for the whole day? ... A: If a salaried exempt employee takes half a day off he/she must be paid for the entire day. The ...
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| Late Paychecks | 9/18/2008 |
Q: My paychecks have been late consistently for about a year. I get paid bi-weekly and on average i am ... A: You didn't mention your state, however you should right away file a claim for unpaid wages withe the ...
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| vacation pay | 9/18/2008 |
Q: I have worked for a dry cleaners for 2 years now here in south Texas. I gave them notice 2 MONTHS ... A: I am not sure how Workforce Texas would view this as you still had a week left before your vacation ...
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| Electronic Pay Stubs | 9/18/2008 |
Q: I've read your answer regarding electronic pay stubs. Is the 3 year retention/availability also ... A: If you do not keep them and a former employee files a lawsuit against you saying to the Department ...
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| overtime on twice monthly payroll | 9/18/2008 |
Q: I pay my hourly employees twice monthly. Most payrolls are 80 hours, but obviously some are more ... A: Overtime is paid on 40 hours per week for hourly employees per the federal FLSA (Fair Labor ...
|
| Travel time | 9/18/2008 |
Q: My wife is a hourly employee who works for a city governemnt in Virginia. They left on a sunday for ... A: You are correct , travel time outside of normal working hours is time which must be paid. Since it ...
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| Work for no pay | 9/17/2008 |
Q: I am Pice rate employee, not hourly, in texas. The company I work for requires me to attend a 1 ... A: I think the piece rate is a very bad deal for the employee. You are paid by the work put out. That ...
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| Overtime eligibility and hour requirements | 9/17/2008 |
Q: My official job title is "computer systems analyst", I work in Minnesota, and this is my first ... A: The FLSA computer exemption is based on more than the 27.63 per hour. It is actually 455 a week if ...
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| application paperwork | 9/17/2008 |
Q: What are the legal requirements for retaining doucments related to hiring? Are we required to keep ... A: All of the above should be kept for one year per EEOC requirements. You should also have a records ...
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| direct deposit | 9/17/2008 |
Q: My company I heard has direct deposit for management on salary, don't they have to offer it to ... A: It is not mandatory that direct deposit is offered to all employees. The company may offer it or not ...
|
| relatives working for business | 9/17/2008 |
Q: even though they do not work for our company in any way. Is this legal? If not, what is the point of ... A: I do not know the company structure but the largest benefit would be if they are employees they get ...
|
| last check held pending exit interview | 9/16/2008 |
Q: I work for a medical billing company - worked. I left on a Monday and didn't come back since I found ... A: It is not legal for them to withhold a paycheck in this manner, however, since you are paid now I ...
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| Payroll Check | 9/15/2008 |
Q: What do you do if you have a terminated employee who never picks up their last paycheck and all ... A: Escheat laws in Mississippi require that unclaimed wages be paid over to the state after five years. ...
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| Wrongful Termination | 9/15/2008 |
Q: On 9-11-08 I told both my bosses where I worked that I needed to leave work due to a migraine and ... A: You need to talk to your local Department of Labor. If your friend that heard you tell the boss is ...
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| Payroll... ? | 9/15/2008 |
Q: Well, I've tried to search for the right person to answer my question. But i don't know which ... A: The law simply states that you must be paid minimum wage. There are no laws that say anything nor ...
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| salaried vs. hourly employees | 9/15/2008 |
Q: I recently joined a firm as a salaried employee, however HR claims that they must take a 1/2 hour ... A: These are all true statements. The company is required to give you a lunch break of at least 1/2 ...
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| HR Level of Confidentiality | 9/15/2008 |
Q: My question is regarding confidentiality of employee information. I had a supervisor that had come ... A: There are privacy laws, but the privacy laws of which HIPAA is the largest. These laws only protect ...
|
| payroll deductions | 9/14/2008 |
Q: My husband's job requires him to travel. His company office is located in Maryland. The company ... A: The company can make any deductions for personal unauthorized expenses only with the signed ...
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| Salary | 9/13/2008 |
Q: I am a manager in a small restaurant in marylnad. Three managers here are salaried. We are on a bi ... A: It is legal to change the payperiod. The payperiod is short because there are 3 days less in the ...
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| Hurricane Pay | 9/13/2008 |
Q: I work for a large industrial chemical plant in Louisiana. Prior to the arrival of Hurricane Gustav ... A: The company is required to pay the paychecks in a timely manner. This does not extend to any type of ...
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| Timecards | 9/12/2008 |
Q: I read some of the other Q&A, but just wanted to make sure. So if an hourly employee does not ... A: That is correct. Be it right or wrong the government expects the employer to know when his employees ...
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| mileage for personnel working from home | 9/11/2008 |
Q: We have been asked to deduct the mileage amount it would take for us to travel to the office daily ... A: You should be deducting the first trip you make to the first client and the last trip from the ...
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| Mandatory Vacation | 9/11/2008 |
Q: I am a salary employee and the manufacturing company I work for recently had a forced shutdown. All ... A: This is considered a lay off and yes it is legal to lay off some employees and allow some to work. ...
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| mandatory lunch | 9/11/2008 |
Q: I am a nurse who works at a non profit school. My employer has stated we have to take a lunch ... A: Some states mandate a lunch break if you work 8 hours in a day. Probably someone complained and the ...
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| Interest held on paychecks | 9/10/2008 |
Q: My question concerns: The company my husband and I work for offers Auto Deposit. While a great ... A: The checks should all be paid at the same time. The company needs to send in the direct deposit ...
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| Retro Pay | 9/10/2008 |
Q: Our budget typically goes into effect July 1 with salary increases however this year budget was not ... A: No you are not obligated to pay a terminated employee the retro increase because they are terminated ...
|
| forced overtime | 9/10/2008 |
Q: under florida labor laws or us dept. of labor, is there a maximum number of hours an employer can ... A: There are no laws federal or in State of Florida limiting the hours you may be asked to work. In ...
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| Salary Confidentiality Law? | 9/10/2008 |
Q: I work as Director of Development for a non-profit organization in Mississippi. My education and ... A: Salary amounts are confidential. Ours are only given out on a need to know basis. You should be ...
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| employment/pay increase | 9/10/2008 |
Q: I have been working 3 years at this Security company .Are the companies supose to give rasises, and ... A: The Fair Labor Standards Act does not provide for raises. The law only provides that the company pay ...
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| Employeer withholding pay check for no reason | 9/10/2008 |
Q: McAllister and readers I worked at an employment for about a month and half. I left that place with ... A: There are a couple of things you can do, it will take time either way. You can file a claim for ...
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| bad checks | 9/10/2008 |
Q: what do you do when an employer does not have enough funds in the bank, can the bank make you pay ... A: This happens and I get a lot of questions on this one. Unfortunately there is no fast or easy fix ...
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| unpaid wages | 9/9/2008 |
Q: I currently work for a privately held company (has been around for 4+ years) that has had some ... A: A couple of things. You can all go together and file a claim with the Department of Employment for ...
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| Timesheets | 9/9/2008 |
Q: Is it okay to have salaried employees fill out timesheets? A: Salaried employees can be required to fill out timesheets. If they are salaried exempt they cannot ...
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| reduce payrate without notice | 9/9/2008 |
Q: I am a server at a restaurant in NC. I noticed on my paystub my payrate was reduced from $3.13 to ... A: Was this maybe a computer error? I would ask management about it, perhaps it is simply a payroll ...
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| minimum wage | 9/9/2008 |
Q: I am a 19 year old who started working in a Subway in the state of Michigan back in June. My ... A: The subminimum or training wage is for those under 18. If you are over the age of 18 you must be ...
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| delayed paycheck | 9/8/2008 |
Q: I am from California and I work for an authorized retail store. Our "set" schedule of receiving the ... A: Filing anonymous can be done, however, it is much better if you all just contact the Labor ...
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| Extra Paycheck | 9/6/2008 |
Q: I just began a new job. Yesterday, I checked my bank account to make sure the first Direct Deposit ... A: You have to pay the money back, it was a mistake and is not yours to keep. However, if you do not ...
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| Waitressing on a national holiday, earning less than minimum wage in tips | 9/6/2008 |
Q: Ms. McAllister, I recently worked labor day for a restaurant in Western MA. The normal rate of pay ... A: The law does not require companies to pay a premium wage 1 1/2 times on the holidays. Many companies ...
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| Work Week | 9/6/2008 |
Q: We get paid every 2 weeks... Our work week would start on Thurs. to Wed. week 1 and week 2 would ... A: The employer is allowed to change the work week. Overtime should still be paid on all hours worked ...
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| salary question | 9/5/2008 |
Q: I have been on medical leave for 2 weeks i am a salary chef at a restaurant in south florida am i ... A: FMLA and other medical leave is unpaid leave. Unless you have some type of disability insurance or ...
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| paychecks | 9/5/2008 |
Q: mam, i took a job with someone, and worked 3 weeks with them, we worked in town and out of town, he ... A: You have two options: #1. File a claim of unpaid wages with your local department of labor. If you ...
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| Benefits out of last paycheck | 9/5/2008 |
Q: I have a very similar situation but what not discussed in the final check since a resignation was ... A: Health insurance is taken out of the final check because it is paid already by the company. Health ...
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| Exempt - record keeping/hrs & breaks | 9/4/2008 |
Q: Our company is located in NYS. We have an exempt emp who doesn't eat much, so she doesn't take ... A: We mark exempt 8 hours unless they are gone for the day . If they are gone it needs to be marked, ...
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| Exempt - record keeping/hrs & breaks | 9/4/2008 |
Q: Our company is located in NYS. We have an exempt emp who doesn't eat much, so she doesn't take ... A: She does not work by the hour, but by the job. If she does not take a lunch it is not recorded, it ...
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| Deductions from payroll | 9/4/2008 |
Q: I need to find something in writing concerning deducting expenses from an employee's paycheck. We ... A: You can deduct the amount, however, you need to have the employee's signature on a deduction form ...
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| Bounced Paycheck | 9/4/2008 |
Q: I live in Texas and my last paycheck has bounced. I no longer work for this company, thank ... A: You would contact Workforce Texas and talk to them about it. You will have to file a claim for ...
|
| Wanting to refuse a signed contract | 9/4/2008 |
Q: I have currently been working as a full time Music Director based upon a verbal agreement. I ... A: If you are fired for refusing to sign a contract than you may be allowed to draw unemployment. It ...
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| lunch law | 9/3/2008 |
Q: ok i work at a company where our guys stay out on a truck delivering tents, tables, chairs, esc. I ... A: It is illegal to reduce their timecard withhout knowing how much time was taken. Breaks do not ...
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| vacation pay state of new jersey | 9/3/2008 |
Q: I have been a hairstylist in the same salon for 10 years and have been receiving 2 weeks paid ... A: Vacation pay is up to the company to determine. There are no laws that mandate the company pay any ...
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| mandatory work meetings | 9/3/2008 |
Q: Is my employer required to pay me for mandatory work meetings that are scheduled outside of normal ... A: You can be fired for not attending a mandatory meeting. If you are paid non exempt hourly you should ...
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| Salary Work vs Contract Work | 9/3/2008 |
Q: I am working for this company. I have signed and agreed to a 6 month contract for the amount of ... A: If a salaried employee misses a day of work they do not have to be paid for it. If they work any ...
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| work no pay | 9/3/2008 |
Q: I was hired by Lady of America in Kendall to clean the Gym and commenced work and site manager said ... A: This is not legal. If you are working you need to be paid for all the hours you work. If you are ...
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| Laid off with no severance | 9/2/2008 |
Q: I was working for a large entertainment company in southern California and was recruited by a ... A: Paid days off, vacation days, severance pay is not covered under the FLSA nor is it covered under ...
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| wage claim | 9/2/2008 |
Q: I have been working for a company for 11 months as the General Manager at one of their bars. The ... A: Texas laws would apply as you are working in Texas. Federal law would actually apply. You are jpaid ...
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| Animators Exempt or Non | 9/2/2008 |
Q: Are Animators generally Exempt or Non-Exempt. Can they be Exempt under the "Creative Professional ... A: Exempt and non exempt simply mean that literally. Either the employee is exempt from the FLSA and is ...
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| Pay Rate Employee Rights | 9/2/2008 |
Q: I am an employee of a major clothing retailer, and they gave me a raise effective 6/22. My pay rate ... A: Save your check stubs and file a claim for the part of the unpaid wages with your local department ...
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| Part-time | 9/1/2008 |
Q: I have worked part-time on 2nd shift for a large bank in illinois for the past 9 years. Over the ... A: The employer can ask part time people to work extra hours. I am sure you are correct as most ...
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| Server wages | 9/1/2008 |
Q: I work as a serever in a local restaurant chain. We usually have 10 to 15 servers on the floor ... A: If the server's left early they are only paid for the time they were at work and if they were ...
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| number of hours worked | 9/1/2008 |
Q: Are there any laws that govern the number of 8 hour days an employee may be forced to work ... A: The State of North Carolina does not have a law limiting the hours or days an adult over the age of ...
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| sick leave | 9/1/2008 |
Q: I recently took a sick day from work .I provided my place of empolyment with a doctors note. My ... A: It is not a violation of HIPPA to ask your condition. It is a violation of HIPPA if they share it ...
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| Salary Work vs Contract Work | 8/30/2008 |
Q: I am working for this company. I have signed and agreed to a 6 month contract for the amount of ... A: This is not correct unless they are using the 45,000.00 for the annual salary Since you are working ...
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| payday laws in CA | 8/30/2008 |
Q: I work as a nurse assistant for a small health care practice. My employer pays us every two weeks. ... A: You do have a right to be paid now. Contact the California Industrial Commission: ...
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| Termination laws | 8/30/2008 |
Q: my question is i work at a restaurant and they said they were terminating me...for one they gave me ... A: Report this treatment to the California Department of Industrial Relations. ...
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| expired paycheck | 8/30/2008 |
Q: My daughter is a server in a Florida restaurant. She rec'd a paycheck (min. servers wages) for ... A: The check should be replaced. She can either put in a claim for unpaid wages with the Department of ...
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| I have so many questions that i dont no were to start. | 8/30/2008 |
Q: i work for a management company n my bosses r jewish. They dont believe in our holidays or pay ... A: Holidays are not reqired and the company does not have to give time off for the holidays by law. ...
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| PLEASE SAY U CAN HELP...... | 8/30/2008 |
Q: I QUIT MY JOB BECAUSE OF A NEW OWNER THAT MADE THINGS MISERABLE ....I TRIED TO PICK UP MY CHECK FROM ... A: You can put in a claim with your state department of labor and they will investigate it. It might ...
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| Late/Bounced Paycheck in NYS | 8/29/2008 |
Q: My husband works as a truck driver for a company that was hired by FedEx Ground. They are supposed ... A: The laws say the employer must be paid each time on the regular scheduled payday and that is federal ...
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| Change in Pay & Insurance | 8/29/2008 |
Q: I live in Arizona and have two questions. 1. Can an employer cut your salary without notifying you ... A: An employer can cut your salary, but you must be paid at least the minimum wage. The employer ...
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| timecards | 8/29/2008 |
Q: Can you tell me what needs to be on a timecard in order to be in compliance with CA labor laws and ... A: Time cards must have the Employee's name and ID # if one is given The date for each day with the ...
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| holding wages | 8/26/2008 |
Q: I terminated with my employer in the state of South Carolina. The employer is holding my wages ... A: When an employee is separated from the payroll, voluntarily or involuntarily, every employer must ...
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| Pay date obligation | 8/26/2008 |
Q: I am from Texas and my son's employer continually fails to submit payroll to ADP on time. ... A: YOur son needs to submit a claim to Texas Workforce that the employer is not meeting his obligations ...
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| 401k withhold not paid | 8/26/2008 |
Q: My employer in Illinois has withheld my 401k contributions from my check, but has not contributed to ... A: The 401K is under the ERISA laws. The ESBA (Employee Benefits Security Administration is the DOL ...
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| Salaried Employees | 8/26/2008 |
Q: If an employee is salaried but occasionally works less than 40 hours per week, can the employer ... A: If a salaried exempt employee works part of a day he/she must be paid for the entire day. The ...
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| help | 8/26/2008 |
Q: a couple of weeks ago i was rushed into hospital and had suffered a bad miscarriage, which then lead ... A: This is an invasion of the U.S. Privacy Laws. It would be under the category of Public disclosure ...
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| Getting the run around from prev employer | 8/25/2008 |
Q: I doing this on behalf of my lil brother he is a minor, 17 years, he was hired by the an airline ... A: Here is the statute from the Texas Workforce: § 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. ...
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| Getting the run around from prev employer | 8/25/2008 |
Q: I doing this on behalf of my lil brother he is a minor, 17 years, he was hired by the an airline ... A: The department of labor is the agency that has jurisdiction over these type of issues. Almost every ...
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| PTO payout | 8/25/2008 |
Q: I live in NYS and I am planning on resigning from my job. I am not sure if I want to just quit or ... A: It depends on the employer's policy. New York has no law that forces an employer to pay out PTO ...
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| days off for exempt employees | 8/25/2008 |
Q: There is a group of exempt employees here that would like to take a day or two off each month that ... A: If you are salaried exempt the employer is allowed to dock one full day of pay for any day taken for ...
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| Supervisor going from Salaried to Hourly | 8/25/2008 |
Q: I appreciate your help. MyTwo years ago I went to work for a private school as the transportation ... A: They would make this change because they probably had an audit and were told that some jobs need to ...
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| paychecks throughout the year | 8/24/2008 |
Q: I work in a public school district in SD. We have always been able to have our checks on a 12 ... A: I know that the schools in our area only the teachers are allowed to be paid over a 12 month period. ...
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| PTO policy clarification | 8/23/2008 |
Q: Shirley, I work for a mid-sized investment banking firm in Los Angeles. For the past year I have ... A: The way the policy reads any inactive service when you are not working is excluded from PTO accrual ...
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| overtime pay | 8/23/2008 |
Q: I work for a NY company in a field position. The company pays me mileage but does not pay me for ... A: This is legal. If you take off a day during the week and work a Saturday that reduces the hours. The ...
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| paroll check bounces | 8/23/2008 |
Q: I am from St. Petersburg, Florida. I cashed my payroll check at a local place called Amscot. This is ... A: I do not know how bankruptcies work with checks that have already been cashed. I do not think that ...
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| Paycheck Late | 8/22/2008 |
Q: My fiance and I live in Midland, TX. He quit his job at a gas station after they repeatedly violated ... A: You need to file a claim with the workforce texas for unpaid wages. If you wish you can also take ...
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| Withhold more taxes if employer going bankrupt? | 8/22/2008 |
Q: I have a sense that my employer may be going bankrupt and that one of my next paychecks could ... A: If they are not paying you they are also not paying the taxes to the government. I think you should ...
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| Pay while away on business | 8/22/2008 |
Q: I'm required to leave town for 3 days for a company retreat. I am an hourly employee. The schedule ... A: If you are a salaried exempt employee you must be paid your regular salary no more and no less. If ...
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| time clock & tardiness | 8/22/2008 |
Q: My Illinois company is going to required us to punch a time clock. We are salaried-exempt ... A: It is not illegal for a company to have salaried exempt employees punch a time clock. What will ...
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| Time Clock Usage | 8/21/2008 |
Q: Are there any laws related to one employee clocking out for another employee. A: This is called Buddy Punching and it is not allowed. The time card is a legal document required to ...
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| Direct deposit overpayment | 8/21/2008 |
Q: I worked for a company for around 9 months. In January of this year we had the option if direct ... A: It depends on what you signed. Some direct deposit forms have a clause in them that say the funds ...
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| Salaried Employee Hours | 8/21/2008 |
Q: Recently heard that salaried employee in TX should not be forced to take, for example, (2) hours of ... A: This is not true. Vacation and PTO are controlled by the employer as there is no legal law that ...
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| Vacation Time | 8/21/2008 |
Q: can an employee be made to use a vacation or personal day if they call in sick and have no sick days ... A: Vacation and Personal days are controlled by the company. There are no laws that say you must be ...
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| Direct deposit overpayment | 8/21/2008 |
Q: I worked for a company for around 9 months. In January of this year we had the option if direct ... A: It is not legal for them to draw money out of your checking account without your permission. The ...
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| Previous employer not paying final paycheck and not withholding taxes | 8/20/2008 |
Q: I recently quit a job I was working at with no notice, to accept a position immediately with another ... A: It is not legal for him to not pay you and it is not legal for him to not hold taxes out of your ...
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| Vacation pay at Termination of employment | 8/20/2008 |
Q: A salesman in a Auto Dealership has been fired on 08/14/08 due that he conducted a violation in a ... A: #1. It must be an existing company policy and it must be written in the handbook that if an employee ...
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| vacation | 8/19/2008 |
Q: i am an exempt employee in illinois and get vacation time but in 2007 i used 4 extra days so now im ... A: If you used 4 extra days in 2007 your employer borrowed those days from 2008 and you have a minus of ...
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| 2-week notice withdrawl | 8/18/2008 |
Q: there! We have an employee who recently gave a 2-week notice, so we posted, interviewed for, and ... A: You have accepted the resignation and filled the position. You are not obligated to the employee ...
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| Direct Deposit paystubs CA | 8/18/2008 |
Q: I recently started a co in CA and am curious if it required to receive paystubs for direct deposit. ... A: Yes you are required to recieve a pay stub. Here is the california rule on paystubs. Pursuant to ...
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| Working for Free | 8/18/2008 |
Q: I work in an office where we are required to be at work 10 minutes before our scheduled hours so ... A: The employer cannot change your timecard once you have punched in it is illegal to do so. They can ...
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| Direct Deposit Pay Stubs | 8/17/2008 |
Q: My company typically mails our pay stubs a week or more after the direct deposit is made and posted ... A: It depends on the state and the company. Some states do not even require pay stubs, some states ...
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| holding paychecks | 8/17/2008 |
Q: I am a volunteer firefighter in a city that considers its volunteers to be employees. We are paid on ... A: That is not a good reason to withhold the pay checks. You can make a claim with the Department of ...
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| withholding checks | 8/16/2008 |
Q: my question to you is can my previous employer withold my last check? all this takes place in ... A: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's ...
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| holding paychecks | 8/16/2008 |
Q: I am a volunteer firefighter in a city that considers its volunteers to be employees. We are paid on ... A: If they are being withheld until the mistake is corrected and than paid and it is a one time error ...
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| withholding final paycheck | 8/16/2008 |
Q: i am about to go to work for an international company, headquartered in India that is incorporated ... A: I could not find anything in the New Jersey statute on withholding deductions from wages that says ...
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| Is it legal for a business to withold a payceck | 8/16/2008 |
Q: Is it legal for a business to withhold a paycheck if you only worked for one week with this company? ... A: http://www.dllr.state.md.us/labor/wagepay/wpremedies.htm the link above takes you to the DOL ...
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| unjustified termination | 8/16/2008 |
Q: my niece just recently got fired from Nationals Sport bar in Torrance, CA., the reason is that they ... A: She will need to get ahold of the California Industrial Relations office and talk to them. She can ...
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| Paychecks- Is it OK for an employer to pay you late? | 8/15/2008 |
Q: I am an employee for a company based in Indiana and I work in Georgia. Most of the time my pay ... A: This is why direct deposit exists so the checks are not at the mercy of the postal service. The ...
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| writing employee policy | 8/15/2008 |
Q: I am in the process of putting company policy in writing as to what constitutes full time vs part ... A: I do not know of a website except for the forums that are similar to this one. I have this all ...
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| direct deposit | 8/15/2008 |
Q: I believe as an employer in Texas, we have the option of mandating direct deposit...is this correct? ... A: well you cannot force an employee to sign the papers. You can fire them for failure to obey the ...
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| Timely Paychecks | 8/15/2008 |
Q: I work for a company in Atlanta, GA that has several locations although it is family owned. The last ... A: The Georgia Department of labor does not have a set of employment laws, instead they have ...
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| Vacation Time | 8/15/2008 |
Q: If an employee is offered vacation in their contract and has scheduled 2 months in advance to take ... A: Sadly there is nothing illegal about a company cancelling vacation time. I think it is wrong, but ...
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| Schedule change | 8/14/2008 |
Q: I have worked as Personnel Manager for just about 2 years now and made aware that I would only be ... A: There are no laws that cover how many hours a company can ask a salaried exempt employee to work. ...
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| not being paid for hours worked | 8/14/2008 |
Q: I work for a Alpha Healthcare System; we are due for a payday August 15, 2008 and we are due for ... A: As long as it will be paid when you terminate it is legal to hold back a week. When the pay period ...
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| Garnishing wages for shortages | 8/14/2008 |
Q: I am employed by the New York State Racing Association (NYRA) in New York State as a mutuel clerk. I ... A: I do not know how the NYRA works, I am in Idaho and New York is not a state I have had any payroll ...
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| Overpayment of wages and 401K | 8/14/2008 |
Q: I left my previous firm at the end of June and joined a new firm. For some odd reason, I was still ... A: It would add to the amount you can contribute. If you have contributed 10,000 you have to add the ...
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| Over payment after termination by direct deposit | 8/13/2008 |
Q: We had an employee that was terminated on a Wednesday and we did a "live" check for her final pay. ... A: You cannot retrieve the amount from the bank account. If the check you gave him has not cleared you ...
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| salary exempt | 8/13/2008 |
Q: I work for a company and I a salary exempt ee. My question is that hr says that we must work 40 ... A: Unfortunately unless you are under 18 there are no laws limiting the amount of hours an employer can ...
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| Overpayment of wages and 401K | 8/13/2008 |
Q: I left my previous firm at the end of June and joined a new firm. For some odd reason, I was still ... A: The net amount does not include the 401K contribution. They cannot retrieve it once it is invested ...
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| Fired Because I refuse to work with mice | 8/13/2008 |
Q: I was working as a Security Guard. I refused to work on the job in a fenced in area after a few ... A: If you cannot do the job, than they can terminate your employment. Most states are at will states ...
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| not being paid for hours worked | 8/13/2008 |
Q: I work for a Alpha Healthcare System; we are due for a payday August 15, 2008 and we are due for ... A: A week can be held back. We do that here at our company. Every new employee has a week held back. ...
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| Hourly pay while out of town | 8/12/2008 |
Q: In the past, the company I work for has always paid a minimum of 8 hours per day to any employee who ... A: It is contained in the FLSA (Fair Labor Standards) regulations which is a Federal wage act. ...
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| wrongful termination. | 8/12/2008 |
Q: My fiance'(Carol) was fired from his job as a truck driver, we don't actually know why he was ... A: Call the Department of Labor in Georgia and tell them what happened and put in a claim for unpaid ...
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| Employer refuses to pay for missed punches until following pay period | 8/11/2008 |
Q: I work for a large hospital in the Minneapolis metro area. I do not work a union position, but I am ... A: The company cannot legally do this. They have to pay all the time worked by the payday for that time ...
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| pay check disbursement | 8/11/2008 |
Q: Scheduled paydays are every 10th and 26th. What happens if our scheduled pay day falls on a ... A: You should be paid the day before, that is how most business's pay. There is not really anything in ...
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| Cashier Shortages | 8/10/2008 |
Q: I work at a grocery store as a cashier in Livonia, Michigan, and for the past year and a half, ... A: This is not legal. If you give written concent it is , but it must be without fear of reprisal or ...
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| got laid off... | 8/10/2008 |
Q: Great site you have here! My name is Graham and I was laid off the other day for what was noted on ... A: You are lucky in that you are in the state of California. This state is the most employee friendly ...
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| Child Labor Laws | 8/10/2008 |
Q: I am 13 and I am from Missouri. By next summer I will be 14, old enough to be eligible to work (with ... A: Since the work is being done in Kansas I think that Kansas labor laws are in force. The laws of the ...
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| Company Health Benefit Cancelation | 8/10/2008 |
Q: My brother in law's company just terminated the health insurance coverage for his entire family, the ... A: If the benefits are cancelled he should be notified before they are cancelled. Did the company ...
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| Suspension | 8/9/2008 |
Q: while getting ready for work, I received a phone call from the day supervisor. He stated that I had ... A: If you go down and sign up for unemployment the employer will be forced to give a reason why you are ...
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| I resigned - the checks keep coming | 8/9/2008 |
Q: I turned in a 4 week notice, and resigned. My last day was on a Wednesday which was the first week ... A: I would not cash any further checks and would send them back. You know that you are not entitled to ...
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| didnt get paid for hours worked | 8/9/2008 |
Q: who can i get to help me get wages that worked for?i was doing in-home health care through the ... A: First of all you need to explain the circumstances to your supervisor or whomever you report to and ...
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| PAID TIME OFF | 8/7/2008 |
Q: My company offers us 10 days of paid time off per year. My manager is stating that we MUST use 1 day ... A: PTO and Vacation time are the same. Whether it is Paid Time Off or Vacation time it is still given ...
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| unemployment appeal texas | 8/7/2008 |
Q: My employer is appealing my unemployment by changing their original answer of why they fired me. ... A: You could try the approach that it was a common practice and was not enforced by the company. You ...
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| Vacation Pay rights when terminated | 8/7/2008 |
Q: I recently got terminated from my job of 6 1/2 years. I had no prior warning or documentation of ... A: An Ohio employer is not required by law to give its employees any vacation, holiday or other paid ...
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| overpayment calculation upon termination | 8/7/2008 |
Q: from oct 2007 to feb 2008, my insurance company (employer) claims to have overpaid my $43,000 due to ... A: I would not pay it back and I would contact the department of labor and talk to them about it. It ...
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| PAID TIME OFF | 8/6/2008 |
Q: My company offers us 10 days of paid time off per year. My manager is stating that we MUST use 1 day ... A: Please do not shoot the messenger, but yes it is legal. California nor the Federal government ...
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| Suspension | 8/6/2008 |
Q: while getting ready for work, I received a phone call from the day supervisor. He stated that I had ... A: This is not the correct way to work with an employee. I would call the company and ask to speak to ...
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| Overpayment of Wages | 8/6/2008 |
Q: A recent payroll problem caused us to reissue payroll. The original direct deposit was reversed and ... A: You can add to the W-2 and when you do your 941 put it down on the section that says income not ...
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| Collecting unemployment Compensation in the State of RI | 8/6/2008 |
Q: I own a small business Sub Chapter S Corp. Restaurant. We close every year the first two weeks of ... A: Draws are against the capital in the company. At the end of the year when your accountant does the ...
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| Collecting unemployment Compensation in the State of RI | 8/6/2008 |
Q: I own a small business Sub Chapter S Corp. Restaurant. We close every year the first two weeks of ... A: The owner of a business is not eligible for unemployment. Most owner's do not take a wage and a W-2, ...
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| Clocking in and out | 8/6/2008 |
Q: We were recently told at work (i'm in Missouri)that if we fail to clock in or out, a personal or ... A: The law is that you must be paid for all the time you work. If you forget to check in and out you ...
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| deduction from final paycheck. | 8/5/2008 |
Q: We are a limo company in Connecticut. We advance all new drivers $400.00 to 800.00 cash for gas, ... A: The Department of Labor considers commission and tips to be payment for work. The payment on a final ...
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| unpaid lunch breaks | 8/5/2008 |
Q: I am an hourly associate who punches a timeclock. I do not punch in or out for lunch. I was told ... A: If you are working during your lunch period and they allow you to do so than you should be paid for ...
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| my training weeks paycheck | 8/4/2008 |
Q: i went to 5 days ( about 17 - 18 hours ) of orientation and training - then following monday I ... A: An employee without a written employment contract for a definite period of time who quits without ...
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| unfair treatment by employer | 8/4/2008 |
Q: as a part time employee he has attention deficit disorder and he is supposed to be a part time ... A: Your son should be paid as a full time employee if he is working full time and not partly in cash. ...
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| Break Periods | 8/4/2008 |
Q: A friend of mine works 16 hours a day at a hosital in Arizona. The hospital is going to make ... A: That is a long shift. Unfortunately neither the Federal Government nor the State of Arizona require ...
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| hourly rate/salary rate | 8/2/2008 |
Q: My employer in Riverside County, California took me from salaried to hourly. To come up with an ... A: Are those your average hours? I figure it a little differently but similar. I take the hours worked ...
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| timeclocks | 8/2/2008 |
Q: My husband works at a company that does not have time clocks. is it illegal for a company to not ... A: It is not illegal not to have time clocks, many companies do not have them, especially in ...
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| I want to know is am supposed to get paid overtime! | 8/2/2008 |
Q: I wanted to know if am supposed to get paid overtime? On July 17th I worked from 5:00pm until 6:00am ... A: In California, the general overtime provisions are that a nonexempt employee 18 years of age or ...
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| Personal TIme | 8/2/2008 |
Q: I recently resigned my salaried positon in California. My benefits included vacation time and ... A: This depends on what the policy is for your company. If your company pays out personal time to ...
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| Texas Payday Law | 8/1/2008 |
Q: ....I came across your cite while having a small issue at work....If (in the great state of Texas) ... A: Texas workforce Commission payday laws have no provisions for paying out in the event of a holiday. ...
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| payrate | 8/1/2008 |
Q: Is an employer allowed to down grade an employees payrate with out notification or reason what so ... A: An employer can change an employee's payrate but he must let the employee know before any work is ...
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| mandatory meeting | 8/1/2008 |
Q: Our organization (product development) is having a mandatory offsite meeting. It is 2 hours away ... A: The company can mandate meetings, however, this seems a little unreasonable to mandate such a long ...
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| Clock in law | 8/1/2008 |
Q: I have an employer who is starting to not pay an employee for hours worked if the employee does not ... A: It is not legal to pay the employee, however, if the employee does not clock in and out how does the ...
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| unique case of unpaid salary and claims | 8/1/2008 |
Q: The company's HQ is based in Alabama. They started a Hong Kong office a few years ago. I was hired ... A: The headquarters in is Alabama. You can take them to court and sue them in a civil suit for unpaid ...
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| Healthcare was not taken out | 8/1/2008 |
Q: Shirley, I live and work in Arizona. My employer offered me health insurance January of 2007. I was ... A: The amount is owed by you and since you are responsible for making sure your check is correct it is ...
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| can a company change payroll dates | 8/1/2008 |
Q: I work in TN at an hourly rate of $12.00. My company is constantly griping about overtime. We have ... A: The company can change the payroll dates , as long as they give notice to employees before any work ...
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| work | 7/31/2008 |
Q: Is it ok for the owners to treat one employee better than any other. I work with some one that ... A: There is no law that tells the employers how they must run their business. The law states that you ...
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| employee's pay | 7/31/2008 |
Q: What do you do if you have a terminated employee who never picks up their last paycheck and all ... A: Ohio Revised Code Chapter 169 states that accounts become unclaimed when, over a specified period of ...
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| last paycheck | 7/31/2008 |
Q: I quit my job and turned in a one week notice. I even found them someone to replace me so they ... A: I would contact the company and ask that they pay the two days owed. The state of Louisiana does not ...
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| Change in pay structure | 7/31/2008 |
Q: Does an employer have the right to change from an hourly pay structure to commission only with 1 ... A: It may be grounds for collecting unemployment. It would depend on how your department of labor in ...
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| time cards | 7/31/2008 |
Q: I work in Florida I would like to know. Do you have right to request copies of your time cards? If ... A: Unfortunately Florida is not an employee friendly state. They closed their department of labor and ...
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| Raise take-away | 7/31/2008 |
Q: My general manager gave me a raise of 9 dollars an hour after becoming an official shift manager ... A: There are no rules that say you must be paid a raise or that it cannot be taken away. The only ...
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| employer failure to pay | 7/31/2008 |
Q: my wife quit her job on june 27th (in the middle of her shift) . she was supposed to be paid the ... A: Your wife will need to file a minimum wage complaint form with the investigators from the county in ...
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| mandatory breaks | 7/30/2008 |
Q: Shirley, I work in alabama and my company was thinking about moving to a 10hr work day mon-thru.I ... A: Alabama has no laws concerning breaks at all. Not rest breaks nor meal breaks. Federal law does not ...
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| Paid for Mandatory Meeting | 7/30/2008 |
Q: I work in the Accounting Dept. at a law firm and our boss called a Mandatory Meeting that took place ... A: They can require you to go to a mandatory meeting on your lunch hour if lunch is provided. It is a ...
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| Salary exempt director vacation pay | 7/30/2008 |
Q: My husband joined his present company as a salaried director at the end of March. We had already ... A: Unless the new company agreed to pay him for the vacation they do not have to pay for a vacation ...
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| fuel reimbursement | 7/29/2008 |
Q: My company does not reimburse for mileage. However, if we have to attend a training or we are ... A: You can keep track of any mileage not reimbursed for work purposes. This does not count driving from ...
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| vacation and breaks | 7/29/2008 |
Q: I have heard that the state of Texas does not require breaks no matter how long your shifts are, and ... A: Vacation is not required, it is a benefit given by the company. They can take it away, but they must ...
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| Commission payout after being laid off | 7/28/2008 |
Q: I was laid off from my virtual Sales and Marketing Management job on June 5th. I am due commission ... A: Your time does not change. The company policy would still be applicable to these commissions. The ...
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| payroll checks and check cashing | 7/27/2008 |
Q: I am sure that I read somewhere that employers are required to give employees paid time to cash ... A: Employers are not required to give employees paid time to cash their payroll checks, that must be ...
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| Withholding pay as independent contractor | 7/27/2008 |
Q: In June 2006, I was hired by a mystery shopping service provider to manage their program. I was ... A: You could try putting in a claim with your local Department of Employment. I don't know how ...
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| Californa Labor Law | 7/26/2008 |
Q: What is the current California Labor Laws regarding Partial Day Deductions for Exempt Employees? Is ... A: Exempt employees are paid a salary regardless of what day of the week, month or year. It does not ...
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| Late/bounced paycheck, negative sick time ARIZONA | 7/26/2008 |
Q: I am looking for help/information regarding the following: I had worked for my company 2.5 years. ... A: Here is what Arizona state law says about withholding from an employee's paycheck. An employer may ...
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| accrued vacation pay at term | 7/26/2008 |
Q: Reference: 5/13/08 earned vacation pay Florida. This is for Montana which happens to have a law ... A: You are correct, company policy dictates when vacation pay is earned. The company also may change ...
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| hourly employee rules | 7/26/2008 |
Q: My employer has a policy that if you are not there at least 15 min before your shift starts that you ... A: This is not correct. If you are required to be to work 15 minutes early than you must be paid for ...
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| not getting paid | 7/25/2008 |
Q: my granddaughter started her first job approximately 4 weeks ago. her payday was to have been ... A: You are correct. Have her call her local Department of Labor and they will call the employer and ...
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| Sudden, Unexpected and Unplanned Job Change | 7/25/2008 |
Q: I am a supervisor for the State of California, so I am not represented by the union. I have been ... A: This sometimes happens when new management takes over. It is not illegal for them to change your job ...
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| Salaried Employee | 7/25/2008 |
Q: Can my employer change an exempt salaried employee to an hourly employee? If so, does the hourly pay ... A: Employers may change a salaried exempt to an hourly if and when they choose. They must give the ...
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| salaried employees | 7/25/2008 |
Q: As a salaried (not hourly) paid member of management, is there any law dictating the maximum number ... A: Salaried employees are paid by the job and not by the hour. Hours do not matter when salaried exempt ...
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| Salary Employees | 7/25/2008 |
Q: I sign a contact stating that I was salary employee at xxxxx amount per annual year. One week I am ... A: Salaried exempt employees are not eligible for overtime pay! If you are being paid overtime and if ...
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| Short pay | 7/25/2008 |
Q: Having worked the majority of my adult life in accounting, I felt that something was wrong with my ... A: Are you being paid by the hour or salaried exempt? If you are salaried exempt your wages are figured ...
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| overpayment | 7/25/2008 |
Q: We have overpaid several union employees for short turn around, and underpaid them for night shift ... A: You are entitled to recoup all overpayments of wages, as long as you can clearly show that your ...
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| per diem | 7/24/2008 |
Q: I am on a temp contract job for 6 months, which is approx 200 miles from my tax home. I am working ... A: I would say that the finace department or the auditor is asking for receipts. Usually those need to ...
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| Hostile Work Environment | 7/24/2008 |
Q: here is my situation: I am a paralegal in the Seattle area, and last November, I was recruited away ... A: Most generally all the information that HR gives out to those contactiong us for job references are ...
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| Paper payroll check sent through the mail | 7/24/2008 |
Q: The company I work for is an international company based in Illinois. My work site is in the state ... A: It is not responsible for the mail service. The company is responsible to see that direct deposit ...
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| retail in MA | 7/24/2008 |
Q: I work in retail in Massachusetts. I arrived to work today, and before punching in was told to go ... A: The regulation in question, 455 C.M.R. §2.03(1)(a) provides, in pertinent part: [a]n employee who, ...
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| Manditory meetings for hour wages | 7/23/2008 |
Q: I work as a doorman in a restaurant/bar in California. I am paid an hourly rate. Recently all the ... A: If you are asked to attend a mandatory staff meeting it is paid time. You should not be asked to ...
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| possible time card/FLSA violation | 7/23/2008 |
Q: My boyfriend works in an NJ location for a national retail chain. Recently, he and a co-worker ... A: The employer should not be changing the timecard, this is not legal to do without the authorization ...
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| notice prior to resignation | 7/23/2008 |
Q: Since I don`t have any conditions specified for the notice period required in my contract, knowing a ... A: Two weeks notice is standard notice to give to employers. It is not even required in California ...
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| break laws for minors | 7/23/2008 |
Q: i understand that Pennsylvania does not have a law for breaks for employees, but you mentioned that ... A: The federal law provides special rules for minors under 16 years of age. There are a lot of ...
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| paycheck overpayment | 7/23/2008 |
Q: I was overpaid a couple weeks ago and have ask the company to take a third of my check instead of ... A: They can recollect the overpayment, but they cannot take more than what would leave you at minimum ...
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| where? | 7/22/2008 |
Q: I'm 14 and i need a job to save up for a car and fix my dirt bike. Do you have any suggestions on ... A: It appears you can do farm work such as hoeing, detasseling corn, golf caddy. I think also you would ...
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| Lunch breaks for salaried employees | 7/22/2008 |
Q: Recently, my employer has stated that every employee (all are salaried) must take the lunch hour ... A: It is legal for the company to regulate your lunch hour. Some states do not even regulate lunch ...
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| Exempt to Non-Exempt Issues | 7/22/2008 |
Q: I am considering seeking an attorney's advice, but would prefer not to go that route. However, my ... A: Sonya, If the positions were incorrectly classified and have been corrected than you could go after ...
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| work | 7/22/2008 |
Q: do you have to work on sunday if you are not mandtory A: You usually work whatever schedule your company sets for you to work. I am not sure what you are ...
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| Unlawful Termination | 7/22/2008 |
Q: I was recently fired from my job of 15 years for being ill with kidney problems. This is a long ... A: It is unlawful to termiante someone for a medical problem, however, it must be proven that you were ...
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| hi | 7/21/2008 |
Q: please answer wat u can" thanks! hi,i get ssdi from the SSA and am wondering if <and in general < ... A: Child support agencies have access to all records. IRS has access to all records and SSA has access ...
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| Unpaid clocking in 5 minutes early? | 7/21/2008 |
Q: My employer (in Texas) requires we clock in no early than 5 minute before shift (but they want us ... A: If you are asked to be there 10 minutes early than you should be paid for being there 10 minutes ...
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| Opting out of health insurance plan | 7/19/2008 |
Q: I am a full time salaried employee. I do not take my company's health insurance plan because my ... A: The company is not required to pay you for opting out of the health plan even though it pays some of ...
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| Chances of my pay being withheld? | 7/19/2008 |
Q: I live in Hawaii, and recently quit my job. Here are the circumstances: - I gave notice in May ... A: There are no grounds for withholding your paycheck. If you quit instead of being fired the company ...
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| Salary Exemption | 7/18/2008 |
Q: I need help classifying Exempt and NonExempt Salaried Employees. Sales - Our sales people may or may ... A: If you have such a policy you still have to pay the overtime if you know ther person is working. If ...
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| Salary Exemption | 7/18/2008 |
Q: I need help classifying Exempt and NonExempt Salaried Employees. Sales - Our sales people may or may ... A: You can make anyone non exempt there are no fines or penalties. You do not have to make an employee ...
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| Payroll Check returned Non suffiecent funds | 7/18/2008 |
Q: Los Angeles County, My husbands payroll check was returned non sufficient funds from the ban and the ... A: Tell the company that it must be paid within the next few days or you are contacting the Labor Board ...
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| Withhold check because I'm not on direct deposit? | 7/18/2008 |
Q: I am working a job over the summer and chose not to get on direct deposit because the direct deposit ... A: They cannot withhold your check because you do not have direct deposit. Some states allow ...
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| 1099 versus w-2 | 7/18/2008 |
Q: I have been working at a small trucking company in Michigan. I have been trying to explain the owner ... A: Perry, You sound like an employee to me. Here is the web page from the IRS that explains to ...
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| escheatment of check | 7/18/2008 |
Q: . I am working in a BPO handling a Payroll division of one of our clients. I saw one check of an ... A: States each have different escheatment rules. Once the check is sent into the state the company ...
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| holiday pay | 7/18/2008 |
Q: I would like to ask, that what is the minimum payed holiday you need to get as an employee legaly? ... A: Starting off with the basics, every province in Canada entitles an employee to vacation time after ...
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| Payday | 7/17/2008 |
Q: Our company has scheduled paydays on Fridays. For those who have direct deposit, their checks are ... A: The payday is on Friday for everyone. Your companies direct deposits are going in earlier because ...
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| holiday pay | 7/17/2008 |
Q: I would like to ask, that what is the minimum payed holiday you need to get as an employee legaly? ... A: If you are working in Canada legally for an employer than you should be paid the same Canadian ...
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| Overtime Pay and Commission | 7/17/2008 |
Q: How do you calculate overtime pay when an employee is paid weekly, but commissions are paid on a ... A: You have to add the commissions to the hourly rate and divide by the number or hours worked in the ...
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| Required Unpaid Training | 7/16/2008 |
Q: Good Afternoon and thank you for taking the time to read my question. My daughters father, Raul ... A: This sounds very suspicious to me also. Employees must be paid for all the time they work and it ...
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| Employment Agreement for Minor | 7/16/2008 |
Q: I have another question related to my hiring a 15 year old for a summer internship position. Thanks ... A: Charles, I couldn't find one for you , so I adapted a Trainee one for you. I think I took all ...
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| Discrimination??? | 7/16/2008 |
Q: I understand it is correct that an employer can force employees to use vacation time to pay for time ... A: Salaried employees must be paid for partial days off. The Department of Labor does not care if they ...
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| Exempt status in relation to required minimum of hours worked | 7/15/2008 |
Q: I am an exempt employee serving as an area director for a franchised restaurant company. My ... A: Treating salaried employees such as hourly employees can void the exemption and render the employee ...
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| Garnishments and Short-term disability | 7/15/2008 |
Q: I am currently on short-term disability through my employer in a city in Arizona. I have two ... A: The amount you described is the Federal Garnishment law. Arizona does follow the federal ...
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| garnishment | 7/15/2008 |
Q: Is there a proper why to deliver garnishment paper work to employer? I feel as though my paper work ... A: In my opinion this is not okay, but it is up to the company to set up a policy or they will leave it ...
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| garnishment | 7/15/2008 |
Q: The mother works out of 2 Friendly's Ice Cream restaurants. One in RI and other in CT. The ... A: Once a court order for garnishment has been filed the company has to honor it until it is paid out ...
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| GA DOL was no help | 7/14/2008 |
Q: I have not received my final check for one day of pay as a salaried employee. My last day of work ... A: The amount is small enough that the one thing I can advise you to do is take the company to small ...
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| Child Support Garnishment on Severance | 7/14/2008 |
Q: We recently separated and employee from our company who has a child support garnishment order form ... A: Child support is universal throughout the U.S. and it is applicable to any pay, severence, vacation, ...
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| final paycheck after termination | 7/14/2008 |
Q: I have a question that I really need answered and I can't seem to locate it anywhere so I am writing ... A: In California if you are terminated wages are to be paid immediately upon termination. As far as ...
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| Confidentiality | 7/14/2008 |
Q: At my regularly scheduled one-on-one meeting last Friday, my manager was, at my request, going ... A: It sounds to me like an unfortunate and unintentional blunder on the part of the supervisor. Go to ...
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| Tuition | 7/13/2008 |
Q: I entered into an agreement with my employer to have them cover the cost of my tuition. I made a ... A: You may be responsible. It would depend on whether or not the job changes constituted a breach of ...
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| Final Check Overpayment / Should Have Been Hourly? | 7/13/2008 |
Q: Five months after being laid off with no severance of any kind, I'm being told that I was over paid ... A: Specific criteria exist to define exempt salaried positions. If you were misclassified and should ...
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| Commission penalty legal | 7/13/2008 |
Q: The company I work for in Minnesota recently made a change to a salary and commission pay scheme. ... A: The law says you must be paid all your wages earned for the time worked. I am not sure if that ...
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| exempt salary employee | 7/13/2008 |
Q: i am an exempt salaried employee...my employer requires that i work overtime hours (without pay) ... A: It is right to a point. PTO is a benefit given to you by the company, it is not mandated by the ...
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| Penalized twice for calling off and getting vacation days taken away | 7/11/2008 |
Q: I work for a small company consisting of less than 50 employees, and we do not have a union. We do ... A: It is not required by law that the company give vacation or personal days. If the company does they ...
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| Failure to pay direct deposit. | 7/11/2008 |
Q: My company has two locations one in VA and the other in CA. And all payroll is done by the CA office ... A: No it is not legal to not pay the VA employees. All employees must be paid on the assigned pay ...
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| clocking out for lunch | 7/11/2008 |
Q: In Massachusetts a half hour lunch break is required to be offered for six hours of work. This can ... A: I do not know about a waiver that the employee can waive their lunch hour. It may be, but I could ...
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| Tip jar to pay register shortage? | 7/11/2008 |
Q: I work in a small business (foodservice) in New York. We generally have three to five employees ... A: It is illegal to use the tip jar to cover the register. Tips are considered wages and wages may not ...
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| Changing Employee Timecards | 7/10/2008 |
Q: I have been working for a company for a little over 1 year. I have recently noticed that our payroll ... A: You have a few concerns here. I will do what I can to address them. Timecards are legal documents. ...
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| Question Regarding Paid Breaks | 7/10/2008 |
Q: I live in Kentucky and work for a restaurant. KRS 337.365 reads: 337.365 Rest periods for employees. ... A: The only thing they can do is prohibit smoking on thier premises which means you need to g |