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About Shirley McAllister, CPP, PHR
(Top Expert on this page)

Expertise
I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).

Experience
25 years in Payroll and Human Resources

Organizations
SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association)

Education/Credentials
PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

   

You are here:  Experts > Business > Corporate Law > Employment Law

Questions Answered By Expert  Shirley McAllister, CPP, PHR 
In Category  Employment Law

SubjectDate Asked

hours between shifts to avoid overtime11/3/2009
  Q: Is it required that an employee have a full 8 hours between shifts to avoid the employer having to ...
  A: Here is how the California Department of Labor defines a workday: Any consecutive 24-hour period ...
Incorrect Payroll11/3/2009
  Q: I just got my very first pay stub from a temp agency that I worked for from 10/20/2009-10/26/2009. ...
  A: First I would suggest to you that you take your carpool friend with you and talk to the supervisor ...
reduced hours unemployment benefits11/3/2009
  Q: I need to reduce my employee's hours from 40 hours a week to 10; can they apply for unemployment and ...
  A: If an employee's hours are drastically reduced they can apply for unemployment. They will have a one ...
Health Insurance Benefit11/3/2009
  Q: We have a small company wherein we provide health insurance coverage to our 6 full-time employees ...
  A: You do not have to offer coverage to part time employees. We offer 1/2 coverage so our part time pay ...
sick pay11/2/2009
  Q: I recently missed one full week of work due to my son being ill with the H1N1 virus, croup virus and ...
  A: If you are salaried and miss one full week of work you do not need to be paid for it. If you miss ...
Severance denied...11/1/2009
  Q: I was terminated without severance, I will be fighting for it on the basis of wrongful termination. ...
  A: Yes HR is allowed to say an employee has been terminated. If HR feels that communications with that ...
PTO10/30/2009
  Q: At my place of employment, a person can "borrow" PTO from the year ahead. I did this in August, but ...
  A: I never heard of this before. We don't allow borrowing, but if borrowing is allowed I would think it ...
Pay stubs w/reconsilation10/30/2009
  Q: I am employed by Natonal Freight Industries as a truck driver,NFI bought out the company I used to ...
  A: Your employer must give you a pay-stub each pay period which explains how long you worked, how much ...
changing of timecards10/29/2009
  Q: i work in a union shop i am a member of the shop committee that handles grievances and ...
  A: Timecards are legal documents and should not be altered by the supervisor. They should be altered at ...
California Vacation Payout10/29/2009
  Q: I recently quit my job in California. Although our main office in Chicago does not allow for ...
  A: This is how I would calculate it also. The only senerio I can think of is if some of the accrued ...
Timeclock Legality10/29/2009
  Q: The time clock where I work (California) doesn't pay by the minute. Once you get to seven minutes, ...
  A: Yes, it is legal to round up and down to the nearest 15 minutes. That means that you would have to ...
Unpaid Wages10/28/2009
  Q: In September 2009 I was working for a temp agency. I was offered a salary. I workded for their ...
  A: I think you can prove that easy enough, but if you do not have something saying they will pay you ...
Unpaid Wages10/28/2009
  Q: In September 2009 I was working for a temp agency. I was offered a salary. I workded for their ...
  A: Yes you probably can get them to pay the amount they promised if you have a signed contract stating ...
payroll tax being incorrect.10/28/2009
  Q: Ok, so I am curious... I have worked for my boss for about 9 and a half years now. I haven't really ...
  A: What you do is immediately call the Department of Labot in your area. You have them investigate it ...
Pay Days10/28/2009
  Q: Our organization pays twice a month (we are located in VA). When a pay day falls on a Sunday, ...
  A: Wages in the state of Virginia must be paid either before or on the regular scheduled payday. This ...
deductions from vacation pay10/28/2009
  Q: I was terminated from my last job. I had accrued 160 hours vacation pay which I received. My ex ...
  A: It depends on whether it was owed for the month or not. I think your insurance probably terminated ...
Banks holding funds on payroll checks10/28/2009
  Q: Chase bank in California is implementing a policy to hold your payroll check deposit funds and not ...
  A: This is a bank policy, not a payroll policy. If the bank policy is not what you wish than have your ...
paychecks held10/28/2009
  Q: What does this mean? "Anyone turning in late time sheets will have their paychecks held until we ...
  A: Some states give the employer's a time period in which pay checks must be paid. Usually it is every ...
Sick leave10/28/2009
  Q: I read a recent Q&A on your site in which the answer was: "You have to be paid your full salary ...
  A: When it is PTO it is a combined Paid Time Off. It is still a benefit given by the company. At that ...
boss not paying me hours.10/28/2009
  Q: my regular hours are 10 am- 4 pm. sometimes my boss makes me come in early or leave late, so I put ...
  A: You should report it to your local department of labor. This is illegal and it is falsifying a legal ...
Termination pay not received.10/27/2009
  Q: My husband was hired as 100% commission to sell cabinetry for a small business in NV. He sold a job ...
  A: You can either file a claim with the Nevada department of labor for unpaid wages, yes commissions ...
exempt employees10/27/2009
  Q: Our employer has paid for exempt employees insurance for many, many years as a benefit. This month ...
  A: Sorry to tell you but I have never heard of this being a benefit of being exempt. I have been doing ...
Severance pay vs. wages paid instead of advance notice of layoff10/27/2009
  Q: I was laid off from my job of nearly 10 years due to the economy. I was given a 4 week severance ...
  A: They are asking if you received a in lieu of notice payment. If you do not give the employee any ...
Pay Raise10/27/2009
  Q: if I have been promoted and with that promotion they gave me a pay raise, and then after trying it ...
  A: Yes they can demote you. In most companies the pay raise is for the added responsibilities of the ...
vacation pay in California10/27/2009
  Q: I own a small pet store. I finally let go of one employee, who has caused me, and all co-workers ...
  A: you should respond to the Department of Labor that you do not have a vacation policy and do not pay ...
Wage Law10/26/2009
  Q: If we send an employee to a seminar and they go from home to the seminar do we pay them from the ...
  A: The Law says that travel time is paid for all the time that cuts into their regular scheduled time ...
Payroll10/26/2009
  Q: I work for a ESOP contracting company within the telecommunications industry. I am an employee of ...
  A: Vacation and holiday pay is not required by law to be paid. It is given by the employer thus the ...
Milage Pay10/26/2009
  Q: I am IT consultant in Texas, and I work for an small shop, I travel a lot around the city, but my ...
  A: A company can decide to reimburse you or not for mileage on your personal vehicle. The IRS rate is ...
Forced Relocation10/26/2009
  Q: I have been working for a company for 9 months in Michigan and I received a letter that states that ...
  A: The employer is responsible to pay at least the minimum wage at the federal level and if the state ...
salary exempt10/26/2009
  Q: Our company will be shutting down for the week between Christmas and New Years, @ the owners ...
  A: If a plant is shut down a whole week and the exempt employee is off the whole week than he does not ...
wages an pay cheque10/26/2009
  Q: I have a son who worked for a farmer for the fall season, when finding out the other workers were ...
  A: It is not legal for him to hold your son's check. It is true he can file a claim for unpaid wages ...
termination10/24/2009
  Q: I have heard in the State of Texas if I am terminated and not given a reason, I can request in ...
  A: The Texas Payday Law does not address the issue of termination. Texas, however, is as an "employment ...
Payroll Privacy10/24/2009
  Q: When my company sends out our pay stubs, the main office puts them in an envelope. In which my ...
  A: If other employees in the company with whom you are working looked at it than you might have a ...
Hourly pay cut, nj10/23/2009
  Q: My wife works for a pre school center in NJ, they decided last week to cut the pay rate for hourly ...
  A: A lot of companies have had to cut wages because of the recession. I hear this all the time from all ...
Company Change and Vacation Pay10/23/2009
  Q: Throughout this year the company i work for has gone through some major changes. Our Parent company ...
  A: Vacation is not a mandatory payment, it is a fringe benefit given by the company. If a company goes ...
Deferred Paycheck10/23/2009
  Q: I work for a company that has been acquired by another. The new company is changing my paycheck ...
  A: This is legal and it is very common. We do it in our office. We cut pay off a week early and process ...
Rounding Rule10/23/2009
  Q: Can you point me in the direction of where I could find the rounding rule. I know we can change to ...
  A: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.48.htm (b) ``Rounding'' practices. It ...
Am i still entitled10/22/2009
  Q: To receive my vacation pay. I had to go to the store on wednesday of my vacation (it started monday) ...
  A: The employer is required to pay fringe benefits in accordance with written contract or written ...
Holiday Pay for Salaried Employees10/22/2009
  Q: I have a full time salaried employee who is wanting to change her schedule to a 4 day 40 hour work ...
  A: You can do whatever is the policy of the company. You need to write a policy so that all employees ...
expired payroll check10/22/2009
  Q: I'm a former Wal-Mart employee in Arizona. I quit my job there in March to accept a position with ...
  A: Keep the envelope. Call the company and ask them to write you a new check. If they do not write you ...
Florida law regarding monitoring10/22/2009
  Q: McAllister, I don't know if this is within your area of expertise but perhaps you can provide some ...
  A: Visible cameras which are not hidden in any way are generally not illegal if they are in a non ...
manager laws10/22/2009
  Q: I am a manager in a restaurant. I have to work 45 hours for 40 hours of pay. When our old company ...
  A: You are absolutely correct. If you are doing the same jobs as the employees you are not an exempt ...
Changing pay frequency10/21/2009
  Q: Good Morning. I work in California and we are trying to change to a bi-weekly pay cycle from a ...
  A: Okay so you will cut the time off on the 7th a Thursday and pay on the 14th a Thursday. So the pay ...
salery and bonus10/21/2009
  Q: I excepted a job that was 40,000.per year and was guaranteed a 10,000.per year bonus with hours from ...
  A: The labor laws and the Department Of Labor simply state you must be paid the minimum if you are ...
Vacation Accrual10/20/2009
  Q: My question is that With Aerotech, we accrual vacation at 400 hours of work equal 8 hours of ...
  A: Vacation is a fringe benefit given to you by the company. The state of Nebraska says that once ...
exempt employee rights10/20/2009
  Q: The question I have is, isn't slavery illegal in the USA? My employer has in the past three years or ...
  A: Sounds to me like you are doing the work of the clerk and other hourly employees when they are not ...
Repayment of overpayment of wages10/20/2009
  Q: I have been overpaid by my employer by a large sum and was unaware due to poor bookkeeping on my ...
  A: I would ask the employer to reduce the amount of 401K and HSA to recoup the overpayment. If the ...
Punching a time clock10/20/2009
  Q: Our employees have been asked many times to use the time clock provided but yet they keep ...
  A: You are obligated to pay them for all the time they work whether or not they punch out the time ...
destroyed timecards10/20/2009
  Q: I am currently a reassigned tenured teacher with the NYC department of Education. During ...
  A: I would do a couple of things. First I would file a claim for discrimination with the EEOC division. ...
paycheck deductions10/20/2009
  Q: I have a friend is a salaried manager. Her employer just recently stated that if her restaurant ...
  A: It is not legal to deduct money from her paycheck for this reason. It is legal to cut the salary ...
bathroom10/19/2009
  Q: As an employee my sup is asking i right on the board the time i leave the office to use the restroom ...
  A: There are no laws against the employer asking you to do this. The only thing you might look at is if ...
Payroll10/18/2009
  Q: I do some contract work for a home health agency in Florida. We have an agreement that I am to be ...
  A: If you go on the Department of Labor website you will find the Fair Labor Standards Act. It says ...
payroll10/17/2009
  Q: i also work off commission and that was right, but i had a full day missing. is it illegal for my ...
  A: It is illegal for your time to be changed without your approval. You should do what you are doing ...
overtime pay10/17/2009
  Q: Good Day, I have recently quit my job. I was wondering if i can somehow collect the ...
  A: You have to collect the proof of the time you are owed, file a claim with the Department of Labor ...
Employee time and attend record10/17/2009
  Q: I'm a supervisor who approves employee time cards before submission to our payroll department. The ...
  A: This is 100% correct according to the Federal Law "Fair Labor Standards Act". If you can reach the ...
Timecards and pay10/16/2009
  Q: Our company was purchased and our new employer is instituting an online timesheet. (Most of us were ...
  A: Before I get to the legality of paying without a timesheet I would like you to think about ...
Taking time from staff10/16/2009
  Q: Where I work we are given a 7 minuter grace to clock in or out. For example if I start at 8:00 a.m. ...
  A: Yes, this is legal and not only is very generous of the employer to allow it to be paid with annual ...
Paycheck deduction10/16/2009
  Q: My present employer pays 100% of medical and dental insurance premiums for full-time employees. I am ...
  A: Medical 125 is the code for pretaxed insurance . If you are being charged than the company is not ...
Is it possible?10/16/2009
  Q: I recently got a job at a furniture store. I worked there a couple of weeks and then i quit. Now the ...
  A: You need to Contact your local department of labor and they will help you get your money. If an ...
Is it possible?10/16/2009
  Q: I recently got a job at a furniture store. I worked there a couple of weeks and then i quit. Now the ...
  A: He cannot do this it is illegal. He must pay you for the time you worked. If he does not than you ...
Time Card10/16/2009
  Q: Where I work (n in NJ) there are only 4 employees and we do have a time clock but it never worked so ...
  A: She can pay you the holiday pay out if she wishes to do so, but she must also pay you for the work ...
Forced to work longer than scheduled shift10/16/2009
  Q: I work for a private ambulance service in Tennessee, we are the emergency provider for the county in ...
  A: It is true that you must work the hours that the company asks you to work. Since you work with ...
how many days are required for vacation?10/15/2009
  Q: The company that i work for is a 24/7 operation and we receive vacation time, unfortunately i am ...
  A: Yes she has the right to say when vacation may be used and when it may not be used. Vacation is a ...
lunches10/15/2009
  Q: I know that employers are required to give us a 30 min lunch break however what I am concerned about ...
  A: There are several issues to be aware of here. The state says the employer must give you a 30 minute ...
Texas Emp. Law10/15/2009
  Q: If a company provides staff to several locations which work different hours, can one employee have ...
  A: Employee A is working 3 days and getting a holiday. Employee B is working 3 days and getting a ...
background check10/15/2009
  Q: Can you please tell me if there is a way to see WHO HAS checked your criminal background? Thanks,
  A: I don't think there is a way to find that out there are so many ways to check for a criminal ...
Health insurance for small business and W2 hourly employees10/15/2009
  Q: I am considering a move to a W2 hourly employee for a consulting firm, and live in Minnesota. The ...
  A: You may have a qualifying period before you are offered insurance after you begin working, will want ...
Did I quit or was I Fired?10/15/2009
  Q: I had worked for Fish Daddy's in Austin Texas for 2 almost three years as a bartender there. New ...
  A: Sounds like one of those you are suspended...I quit deals. I am sure they will put down that you ...
labor issues10/15/2009
  Q: I have two questions one is my employer will last minute call Mandatory overtime with minutes of ...
  A: Your employer may ask you to work overtime as long as he pays you overtime for the work you do. It ...
Temporary Layoff for Exempt Employee10/14/2009
  Q: My employer (small business) closed the local facility and provided notice that I am temporarily ...
  A: To put it simply, Georgia does not have any laws that require any employer to provide an employee ...
Temporary Layoff for Exempt Employee10/14/2009
  Q: My employer (small business) closed the local facility and provided notice that I am temporarily ...
  A: Commissions owed should be paid to you as they are wages. Vacation is a fringe benefit and it is ...
Follow up Question10/14/2009
  Q: Employment Law/Answered Question Expert Thomas R. Ballas Subject Vacation under New Ownership ...
  A: Guess you have received opinions from all of us on this matter. There is no Pennsylvania labor law ...
madatory time-off10/13/2009
  Q: Recently, all employees were told that there would be five mandatory days off without pay. We were ...
  A: It is legal to do this. Vacation pay is a fringe benefit given to you by your employer. The employer ...
work without pay10/13/2009
  Q: I am an hourly employee in a chiropractic office. My employer has paid the staff member who takes ...
  A: She cannot do this legally. In fact I do not think it is legal for her to do it at all. Yes you ...
Pay Check10/13/2009
  Q: I worked for a home health agency in WV. They are holding my paycheck until I complete a battery of ...
  A: It depends on why you are terminated from the company. If you were fired they must pay you in 72 ...
Work week10/13/2009
  Q: The company I work with changed our hours from 35 hours mon-fri to 36 hours mon-sun. I am curious to ...
  A: It is legal to change the schedule for the company. The government only says the schedule must be ...
Unpaid training10/13/2009
  Q: I am a manager at my brother's newly-franchised restaurant in California. We've been trying to hire ...
  A: It is not legal to do this at any franchise. If they are doing this they are doing something ...
Travel Compensation10/13/2009
  Q: I am a salaried non-exempt employee and travel often for my employer. My employer wants me to ...
  A: They are correct. You need be paid for any hours which are your regular working hours and any hours ...
my 90 day raise10/13/2009
  Q: i was suppose to get my 90 day raise last month 9-8-09 my gm put me on a action plan so she says for ...
  A: Raises are not covered by law. The law says that you must be paid at least minimum wage and overtime ...
Employee living in one state and working for another10/12/2009
  Q: An employee of the company currently lives and works in NV. He will be moving to AZ and will work ...
  A: He lives and works in Arizona. Does not matter for which state the work is done. It is being done in ...
Withholding pay from final paycheck10/12/2009
  Q: Under Florida Law, are employers allowed to withhold a final paycheck upon an employee's termination ...
  A: No a final paycheck may not be held for this reason. This would be an expense of doing business and ...
Payroll time cards10/12/2009
  Q: I would like to know what my rights are regarding the clocking in and out system where i work. ...
  A: It is not legal to do this. I would talk to the HR manager and have him/her address it with the ...
Termination10/12/2009
  Q: I worked for a major hospital in the sacramento area. I had worked there for 2 years. I had been ill ...
  A: Yes you do. Find an attorney that will give you a free consultation and take the case on contingency ...
lunch breaks10/9/2009
  Q: I work for a medical clinic in Texas. I work several 8 to 12 hour shifts without a lunch break. My ...
  A: You should have a 30 minute lunch break. If you cannot take the break you must be paid for the time ...
Vacation Accural Changes10/9/2009
  Q: I work for a company that just recently decided to change the way vacation time is accrued from the ...
  A: The company is allowed to make it's own policy on vacation time as it is not mandatory they pay it ...
NOT GETTING FULL AMOUNT ON MY PAY CHECK10/8/2009
  Q: I WAS NOT PAID MY FULL AMOUNT ON MY PAY CHECK I WORKED 38 HOURS AT 15.50 AN HOUR BUT THEY ONLY PAID ...
  A: You would have to have Fica (social security) and Medicare taxes withheld whether or not you had ...
Heath insurance deducted from final paycheck10/8/2009
  Q: I was recently let go from my previous employer, my check was sent overnight to me several days ...
  A: Contact the company and explain that you should not have been deducted for these benefits as you ...
I got suspended from work10/7/2009
  Q: I got suspended from work from a supervisor that just started working with me. I didn't fill out any ...
  A: You can be suspended without paperwork. Not smart on the part of the company. If you are terminated ...
Pay stubs with direct deposit10/7/2009
  Q: My wife works at retail store at the local mall. She recently changed to direct deposit and no ...
  A: Washington Regulation $49.46.010(2) W.A.C. $296-131-015 says that employees must recive a statement ...
TIME CARDS10/7/2009
  Q: I have only worked for this company for 3 weeks (in Massachuesetts) and now know their "time-card" ...
  A: The FLSA and department of labor says the employer may round up or down to the nearest 15 minutes. ...
discrimation10/7/2009
  Q: i have taken a second job 3 evenings a week working at my local Chinese takeaway,i currently work ...
  A: You should not be treated differently than other employees. If you are than you have a right to know ...
employee falsified final timecard10/7/2009
  Q: I am the director of a nonprofit organization in Virginia, one of my employees quit without notice ...
  A: Since you are not allowed to withhold a final paycheck I would pay the amount that is the correct ...
Pay checks - holding back pay10/6/2009
  Q: We have 2 payrolls - biweekly and weekly. Our weekly employees are paid a week behind. Our salary ...
  A: They should only be a week behind not 3 weeks. You would simply cut them off a week early and they ...
Elimination of Vacation Payout on Termination of Employment?10/6/2009
  Q: Can a company make a policy change which changes the accumulated vacation Pay Out upon Termination, ...
  A: The reason they gave California and some other states is because vacation is governed by state laws ...
Overtime/Double time pay10/6/2009
  Q: Our workweek starts Sunday and ends Saturday. 2 of our employees worked from 4:30PM Saturday until ...
  A: You have to set policy when your workweek starts and stops and that is what it is all the time. Our ...
timesheets10/6/2009
  Q: There was a question to you in February (12th)2009 concerning one employee filling out a timesheet ...
  A: There is not a law that states this in so many words. The Fair Labor Standards Act says that the ...
Salary hours10/6/2009
  Q: I have let my payroll software determine the number of hours a salaried employee works which is ...
  A: Comp time is used by pubic agencies and governmental agencies for salaried employees that work over ...
FMLA how can it be used for me?10/6/2009
  Q: I have a son who has Cystic Fibrosis and work for a company who gives me PTO (paid time off) each ...
  A: This is unfortunate and I wish it were easier for you. However, PTO can be used when you take time ...
Manditory meetings10/5/2009
  Q: My wife is a teachers aid at a privet pre-school. She is required to attend a mandatory meeting once ...
  A: Educational workers are required to attend training meetings as part of their contract. They are not ...
Employer Paid Health Insurance10/5/2009
  Q: My husbands company is in the process of getting some quotes together to offer the employees health ...
  A: The company can require the employee to pay a portion of the premium, but cannot require the ...
Salaried Employee Pay Cut10/5/2009
  Q: I am a salaried employee of a private company. I have a signed contract stating what my annual ...
  A: You could bring a suit against the company for breach of contract, however, I think that it would ...
Lack of payments - Atlanta, GA Small Publicly held Employer10/4/2009
  Q: I have been reading your site and had additional question to ask on non-payment wages and consulting ...
  A: YOu could file a claim for unpaid wages with the department of labor. Also a group of you could ...
Bathroom Breaks10/4/2009
  Q: I am a production manager at an automotive manufacturing plant. My company is non-union. I ...
  A: You cannot have employees clock in and out to use the restroom. What you can do is reward the team ...
employee discipline10/4/2009
  Q: My husband and I recently opened an auto body shop business in January 08 in Texas. He mostly worked ...
  A: Terminate him for cause because he walked out on the job and never returned. If he shows up for work ...
Time Sheets10/2/2009
  Q: I worked for an attorney that did not have any time sheets at all, are employers required by law to ...
  A: you would have had to write down your times in a datebook or a calendar to keep track of your time. ...
Termination due to reduction without severance package10/2/2009
  Q: Is there any Florida "guidelines", or just simple corporate courtesy, for terminating an employee ...
  A: Severence is not a requirement of the labor laws. If severence is paid it is at the option of the ...
Wrongful Termination10/1/2009
  Q: I was employed with a gas station food-mart in Virginia. A customer bought a pack of cigs. An ...
  A: I think this might be considered a hostile workplace. I would go down and file for unemployment and ...
lien to demand payment10/1/2009
  Q: I was a salaried employee and quit my position at the company because I could no longer work for ...
  A: http://www.laborcommissioner.com/docs/WAGE%20CLAIM%20FORM%20New%203-27-08.doc Wage claim form for ...
salary vs. hourly pay for part-time employees10/1/2009
  Q: We are about to offer jobs to two part-time employees and my boss would like to pay them on a salary ...
  A: Since it is the job being done and not the title that determines exempt or non exempt status you ...
company ins and pay stubs10/1/2009
  Q: My husband has never rec'd a paystub on time and when he requested past pay stubs they were promised ...
  A: Contact the insurance carrier your employer had before cancelation and ask for a Cobra notice, let ...
Remote workers and new hire paperwork including I9 forms10/1/2009
  Q: I was wondering if you could provide me with some guidance on best practice. I work for our US ...
  A: I put a copy of the driver's license and social security card with my I-9's. If you could have him ...
New Job-ASlary started after 1st day of month10/1/2009
  Q: I have a question regarding a new job that I will be starting in October. Since I am on salary do I ...
  A: Even if you are salaried when you start a new job it is prorated for the days you work for the first ...
Mileage Reimbursement when working from home office9/30/2009
  Q: Our company had to downsize due to the economy and the small staff is now working from their home ...
  A: In most companies you can turn in these receipts for reimbursement. If the company does not do this ...
uncashed payroll check9/30/2009
  Q: What do you do if you have a terminated employee who never cashes their paycheck and all efforts to ...
  A: Escheat laws in Massachusetts require that unclaimed wages be paid over to the state after three ...
Texas Web-based Time Clock9/30/2009
  Q: My employeer recently changed the way we "punch in" for work. The new system is web based. You ...
  A: It is legal and it is becoming the method that most employers are using, we use it at my company. ...
employer wont pay9/30/2009
  Q: What can i do about not being paid by an employer? Have worked for a couple years, they have not ...
  A: You have a couple of options. You can file a claim for unpaid wages with your local Department of ...
interest owed on unpaid wages9/30/2009
  Q: I have had a cheque owing to me since august 1/08. I am aware that the employer will be earning ...
  A: This would be up to the Ontario Ministry of Labour to determine. I have not heard of interest being ...
Texas Vacaction Use9/30/2009
  Q: I am inquiring about the laws governing the use of vacation time that someone had acquired. ...
  A: Vacation time is a fringe benefit given by the employer. It is not required by law to be given. If ...
COBRA notice and etc.9/29/2009
  Q: My spouse was laid off in May. They keep on telling him they'll call him back as soon as they get ...
  A: Yes, contact the carrier and ask for a Cobra notice, let them know that you do wish Cobra and a ...
Company Pension-Disability / Termination9/29/2009
  Q: I am vested in a Company Pension plan. I was taken out of work by my primary physician, filed and ...
  A: You are allowed 12 weeks of FMLA leave whether or not you are on long or short term disability this ...
Direct Deposit Mistake9/29/2009
  Q: If an employer deletes your direct deposit information and on the date you automatically have been ...
  A: Mistakes happen. Most companies will cover these charges, but all that is required is that you are ...
lunch periods9/28/2009
  Q: I work for a company that does not require you to clock out for your 30 minute lunch period but ...
  A: It is legal to require a lunch period, many states require the company give you a lunch period and ...
95-25.7 Payment to Separated Employee9/26/2009
  Q: Under the US Labor Code 221 (200-222), NCGS Labor Law 95-25.7 Payment to separated employees ...
  A: The law says they cannot deduct the overpayment from your final wages. You must be paid all wages ...
Exempt time keeping.9/26/2009
  Q: I am an exempt employee working for a large company. We are required to go into a time keeping ...
  A: Exempt employees do not get paid by the hour. They can be required to check in and out, but they get ...
wage garnishment9/25/2009
  Q: i work in Illinois and recently my drawer came short. my employee took the shortage out of my next ...
  A: Only certain deductions are allowed under Illinois law. Deductions may be made when: (1) required by ...
Forgotten Timesheet9/25/2009
  Q: My husband’s employer has not paid him for time when he forgot to submit timecards or submitted them ...
  A: It is difficult to get mistakes corrected once they are made. They really should be corrected by the ...
TimeSheet Modification by Employer Requiring Employee Initials9/25/2009
  Q: 30 when they clocked in to 7:00 when they actually began work and found something that I have been ...
  A: It is regulated mostly by the states, but the FLSA says that the employee must be paid for all the ...
pay delay9/25/2009
  Q: I work for a company that came up with a new policy stating that if we forget to clock in our time ...
  A: I have several questions a week on this very topic. I have a hard time understanding why it is so ...
Severance Pay9/24/2009
  Q: We would like to pay a severance amount to someone who was employed with us this calendar year. This ...
  A: It is not a good idea to pay him as a contractor. If the DOL looks at it they will consider him an ...
pay9/24/2009
  Q: I'm a truck driver. I live in Texas,but the company I work for is based out of Arkansas. Which state ...
  A: Your company is in Arkansas they have to obey the labor laws for Arkansas. If you had a job in Texas ...
Cobra9/24/2009
  Q: We are laying off an employee at the end of September 2009. He will be receiving severance pay ...
  A: Who is eligible for a new, second election opportunity for COBRA coverage? Qualified beneficiaries ...
Involuntary Termination9/24/2009
  Q: If an employee gives their employer two weeks notice, and the employer decides to let the employee ...
  A: When the employer does this he changes the quit into a discharge. Here is the answer for ...
employee rights concerning vacation/holiday pay9/24/2009
  Q: It is to my understanding that employers have the right to take away vacation and holiday pay if ...
  A: Florida has no laws whatsoever about vacation time or vacation pay; in fact, Florida has very weak ...
Principal's vindictive actions9/23/2009
  Q: This is my 20th year teaching in California. Three years ago I taught 8th grade non-algebra ...
  A: I am sorry to hear that you are haveing such a hard time. My daughter teaches in Arizona and while ...
Question regarding overtime : )9/23/2009
  Q: I have a roomate whom gets paid hourly and works for a privately owned company with about 7-8 ...
  A: If he is paid hourly than he should receive overtime for all the hours over 40 in any one week. If ...
Manitoba workers rights9/22/2009
  Q: my name is Adam Slovinsky and I live in Winnipeg, MB. Recently my girlfriend has quit her job and ...
  A: contact the Employment Standards Branch: Phone: 204-945-3352; or toll free in Manitoba ...
withholding of paychecks/promp pay9/22/2009
  Q: if you went into work and found that on your scheduled payday your boss had not given you an check ...
  A: Why would yours be mailed and not everyone else's checks? It sounds like he is stalling for time. I ...
sick time9/22/2009
  Q: if you quit your job which is located in calif and you give a 2 week notice and are a salaried ...
  A: There are almost no state or federal labor laws regarding sick pay. No state requires that companies ...
Vacation check a year later for an employee who no longer works for us9/22/2009
  Q: Last year in July 2008, we had a lay-off and forgot to pay (1) employee his vacation time - everyone ...
  A: Just pay him the 431.60. You do not have to send a 1099 for anything under 600.00 because of the ...
Vacation check a year later for an employee who no longer works for us9/22/2009
  Q: Last year in July 2008, we had a lay-off and forgot to pay (1) employee his vacation time - everyone ...
  A: 16 hours will not stop his unemployment. It may make it smaller by the 16 hours that is all it will ...
Affiliate company and changing payroll and pay days9/22/2009
  Q: I was working for one of the owners affiliate companies. Yesterday they told a few of us employees ...
  A: I am not that awesome, I cannot find help for you. There are no laws saying that notice must be ...
Affiliate company and changing payroll and pay days9/22/2009
  Q: I was working for one of the owners affiliate companies. Yesterday they told a few of us employees ...
  A: Some states do require a notice and some states do not. Holding back a weeks pay is not only legal ...
PTO and overtime9/21/2009
  Q: Can an employer require that employees "flex" out PTO hours when they've worked extra that week? ...
  A: #1. Overtime is not figured on PTO. Overtime is figured on actual worked hours. If you have 30 ...
Follow-up Question9/21/2009
  Q: I am a 60 year old hourly employee working for the same company for over 15 years in California. Due ...
  A: Termination for excessive absenteism will keep you from drawing unemployment. Initially you may be ...
overtime/ comp time9/21/2009
  Q: The company I work for pays our non exempt employees in flex time not overtime. Example; if the ...
  A: They can do it in the same week the time is worked because what they are doing is cutting the hours ...
Hourly employee being called continually at home when sick9/20/2009
  Q: I am a 60 year old hourly employee working for the same company for over 15 years in California. Due ...
  A: It is understandable if you are out a lot and no none else knows the answers they would call you. ...
Working Interview9/20/2009
  Q: I've sent you a question about unpaid training a bit earlier, and not after speaking with a hiring ...
  A: It is called "orientation". Anytime you work you should be paid, but if you complain than they will ...
holding my check9/19/2009
  Q: i quit my job my exboss refuses to give me my check he told me by ohio law that he can hold it up to ...
  A: He is supposed to pay every two weeks, but he is not penalized until after 30 days. ...
Mandatory Hour Lunch Break9/19/2009
  Q: I work in California at a retail store. Our company recently changed its policy to enforce a ...
  A: Lunch break is up to the employer. The state of California will only regulate that the employee must ...
accured vaction time9/18/2009
  Q: We recently changed to a PTO accrual days off system. We have no "formal" policy manual. But, when ...
  A: PTO is at the policy of the company as it is not required by law. Most companies have one policy ...
employee timesheets9/18/2009
  Q: is a supervisor or employer allowed by law to alter or change the information on an employee's ...
  A: Timesheets should not be changed without the employee's approval. This should not be done. If there ...
HRA Account9/18/2009
  Q: I have been employed with the same company for over 3 years and I am enrolled in the health ...
  A: HRA is money that the employer puts into the account. It is not money from the pocket of the ...
Wrongly classified9/18/2009
  Q: My job substantially changed in functions in January of 08. After the changes went into effect, I ...
  A: The FLSA does not say that there must be a pay increase with salaried exempt. Salaried exempt means ...
pay reduction vs. furlough9/18/2009
  Q: My employer has cut 60% of our (exempt/salaried) employees and has reduced the pay of the remaining ...
  A: They should be given to you in writing, but it is not required they are. You must be making at least ...
Hours9/18/2009
  Q: I get scheduled for 40+ hours per week. Some 6 hour shifts, some 8 hour shifts. Lately, he has ...
  A: It is legal to send you home early if business is slow and there is no work. If your hours are cut ...
forced to volunteer, on day off, and without pay.9/18/2009
  Q: I work for an established bank (as a teller) in the state of texas that has numerous branches ...
  A: This is not legal. You cannot be mandated to work on your time off. If it is mandatory than you must ...
employee rights9/18/2009
  Q: Due to the recession my company has taken a turn down hill. They laid off all the part timers, then ...
  A: Vacation and Sick pay are not mandated by the government. That means the company does not have to ...
Time Clocks9/17/2009
  Q: Are there any regulations regarding time clock being set to the correct time? Is it acceptable for ...
  A: The time clock should be set as near as possible to the correct time. Otherwise if someone is tardy ...
salaried employees and time clock9/17/2009
  Q: Public School Teacher in Louisiana. We are being required to clock in and out. In our district, if ...
  A: Educational institutions are different in that they have contracts and unions. If you are a member ...
employer holding check9/17/2009
  Q: My husband resigned from his job on 9/9/09, and was scheduled to be paid for week ending 9/5/09, on ...
  A: Since the work is performed in Maryland than the work would be under Maryland labor laws. You need ...
health deduction9/17/2009
  Q: in Pennsylvania... for the first 4 months i worked for my company, they missed my health insurance ...
  A: They cannot reduce your gross wages below minimum wage for such a deduction and they must have your ...
Floating Holidays9/16/2009
  Q: We have California employees but have a company wide policty that these floating holidays are use or ...
  A: I would not think that a holiday would be considered vacation. I know that PTO is considered the ...
Job Duties9/16/2009
  Q: Is it wrong to have an employee who has the title of File Clerk performing the work responsibilities ...
  A: Payment is the responsibility of the Company. If this person feels they are underpaid than they ...
compulsory charitable giving9/16/2009
  Q: I work for a not-for-profit organization in Indiana. This organization is in the midst of a ...
  A: It is not legal for the company to mandate that you contribute to the cause. you would have to ...
paystubs9/16/2009
  Q: My employer was late by a week giving us our paystubs. And every time they are out of town on ...
  A: They should be handed out with the paychecks. However, what you would have to do is file a formal ...
Possible discrimination9/16/2009
  Q: My wife was laid off recently. Before she was let go, the company hired a manager from different ...
  A: You do not have a case of discrimination unless your wife was let go because of her nationality, ...
PTO Policy change9/16/2009
  Q: My Employer is based in Nebraska and wants to reduce PTO that I have Accrued by 40 hours, is that ...
  A: Vacation pay constitutes wages in the state of Nebraska. It is not legal to take away any time that ...
broken equipment9/15/2009
  Q: Can you make workers financially responsible for breaking work equipment in Illinois?
  A: This is not an allowed deduction under Illinois Law. ...
BEREAVEMENT PAY9/15/2009
  Q: After asking excessively my employer finally gave me a copy of our employee manual. They have been ...
  A: If you are given a manual and you are not given a revision to the manual than it is reasonable to ...
Payroll Deduction9/15/2009
  Q: What are the laws governing payroll deduction of personal use for a company owned vehicle? Is it ok ...
  A: If you are using the company car for personal use like vacations that may be a different story. ...
No pay chacks on pay day9/15/2009
  Q: First thanks in advance for any assistance you can offer. I work for a small publicly traded ...
  A: Here are the rules for payment of wages in California. Since the work is done in California the laws ...
social security numbers9/14/2009
  Q: I work for a small texas city and I have recently found that my employeer throws away information ...
  A: You can inform your employer that any information containing social security #'s or medical ...
missouri employee rights for bounced paychecks9/14/2009
  Q: I live and work in Missouri. Is it correct that my employer (a restaurant) must keep sufficient ...
  A: You should be paid all your wages even if you cash the check after 30 days. You also should expect ...
tipped employees9/14/2009
  Q: I have been a server for over 20 years (currently in Kentucky)and minimum wage has stayed the same ...
  A: Your employer is doing something illegal. You only are required to claim tips you actually receive, ...
401K9/14/2009
  Q: I quit my job two months ago and still have not received my 401K Distribution Paperwork, how long do ...
  A: you are not automatically sent 401K paperwork. You have to call and ask for paperwork to be sent. In ...
exempt status in CA re: time cards9/14/2009
  Q: I'm an exempt employee who is now after 5 years being told to punch a time card. Is this legal in ...
  A: It is legal to ask anyone to punch a time card exempt or non exempt. Lots of companies are starting ...
Days off9/13/2009
  Q: My boyfriend works for his dad and is supposed to work part time since he is now going to college. ...
  A: He needs to talk to his dad and make him understand in a nice way, not a mad way, that he cannot ...
Above the law9/13/2009
  Q: I am a 47 YO female and work for a large "at will" retail chain in NY. For 17 years I have been in ...
  A: I would file a complaint with the EEOC division of the Department of Labor for both age and gender ...
Exempt Employee Holiday Pay Cut9/13/2009
  Q: I work in North Carolina and am considered an exempt employee. My company recently announced that ...
  A: No he cannot cut your salary for that week. He has to pay your salary for the whole week . He can ...
Company was sold9/13/2009
  Q: Our parent company based out of Ohio sold our division to our largest competitor. In the agreement, ...
  A: For unemployment purposes you can decline an offer that is lower than your present employment. For ...
Expense Check9/13/2009
  Q: I live in Oregon, I was forced to sign a written warning at work, or I was fired. I was told this ...
  A: You can call the company and find out when you can expect to receive your final reimbursement check. ...
school or work9/12/2009
  Q: I am a college student. I was working at my job from 3pm - 7 pm everyday. My boss was aware of my ...
  A: It is legal for a business to schedule his hours how he feels fit to do so. Some will accomodate ...
Mandatory uniforms9/12/2009
  Q: Under Indiana law, do employers, especially hospitals, have to provide or pay for uniforms (scrubs) ...
  A: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's ...
unfair suspension9/12/2009
  Q: My son informed me that a boss called him two hours after his shift had ended on a Wednesday and ...
  A: It is called insubordination and it is not illegal. An employee must be willing to work when they ...
fired for something off work9/12/2009
  Q: .i just wanted to know what the laws are for this...i was fired from my job of 8 years for a crash ...
  A: I do not wish to be the bearer of bad news, but whether you drive off or on the site, the insurance ...
Compensation9/12/2009
  Q: My coworkers told me that if they call you into work and then tell you that they don't need you when ...
  A: Although some states require what is known as "show-up pay" (a minimum amount that is paid to ...
payroll9/11/2009
  Q: I am a part-time hourly employee. I work 6 hours a day, but recently worked 6.5 hours due to a ...
  A: The federal laws of the FLSA (Fair Labor Standards Act) says the employee must be paid for all the ...
Unsafe work conditions & no scheduled breaks9/11/2009
  Q: I work as a phlebotomist in Southern IL. I work at a hospital that is severely understaffed at all ...
  A: http://www.state.il.us/agency/idol/ For complaints on working conditions call the Illinois ...
fired for something of work9/11/2009
  Q: .i just wanted to know what the laws are for this...i was fired from my job of 8 years for a crash ...
  A: I know it for a fact that if you recieve a DUI and you drive for someone you will lose your job. In ...
reference from former employee9/11/2009
  Q: My son was fired from his job of 5 yrs in michigan. He has been interviewing for new employment. ...
  A: The proper response is I can give you the hire date, the termination date, and if the employee is ...
Policy Changes.9/10/2009
  Q: I just recently went on a business trip and the policy for traveling as an hourly employee states ...
  A: The government says you only have to be paid for the regularly scheduled work day (8 hours). They ...
Last Paycheck9/10/2009
  Q: I just asked this same question, however I accidentally mistyped the email as a yahoo account when ...
  A: This is illegal for him to do. Not only can he not withhold it from your final paycheck, he cannot ...
Held Pay9/10/2009
  Q: I was terminated from my position as Store manager at a local family owned jewelry store in columbus ...
  A: This is illegal and he cannot do it. He cannot charge you for something that was done while you were ...
Commissions after termination9/10/2009
  Q: We recently had one of our Sales people quit without notice. This sales person had broken many ...
  A: She should be paid for the work which she has completed and the commissions on her completed work, ...
editing payroll9/10/2009
  Q: Under Illinois law: If an employee clocks out at 3:20 PM, can an employer legal edit the time to ...
  A: The federal Fair Labor Standards Act and the Department of Labor says that the employee must be paid ...
access to time sheets9/10/2009
  Q: McAllister, I have reviewed several previous questions you've helped others with, but haven't found ...
  A: The law simply states that the employee must be paid for all the time they work. It is the companies ...
insurance deductions9/10/2009
  Q: I have been employed with the same employer for 13 years and in the last 3 years have become the ...
  A: When the insurance premium increases for the company than the company has to increase the amount to ...
Pay cut and hourly cut9/10/2009
  Q: I work in Dallas Texas for the hotel industry and due to low occupancy and the hotel being so slow ...
  A: It is legal to do this as long as he gives you notice before you work any hours under the new pay ...
employees and cash shortage9/9/2009
  Q: is it illegal to make employees pay up the difference in cash in the register they've worked on? if ...
  A: In most states this is illegal. The company has to consider this a business loss and take it as a ...
traveling in company vehicle9/9/2009
  Q: I live in Pennsylvania, my husband is a remote technician and uses our home as his office (Company's ...
  A: Use by an employee of an employer's vehicle for commuting and other incidental travel is not part of ...
previous answer to concurrent salary/hourly9/9/2009
  Q: I have an exempt salaried employee who needs a second job and would like to work for our company a ...
  A: When an employee is salaried exempt it covers all the work he does for his employer. He may be asked ...
Work uniforms9/9/2009
  Q: In Indiana, can an employer require you to buy work uniforms? I thought the law was if they require ...
  A: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's ...
pay cut9/9/2009
  Q: I live in the state of Texas, what does the local labor board dictate about a pay cut that has been ...
  A: Reductions in the pay rate are legal, but should never be retroactive. Remember that pay cuts of 20% ...
Hours worked9/5/2009
  Q: I work for Sears/K-Mart and they are insisting salaried managers work 14 days 6 days a week. This ...
  A: It does sound crazy to me also, however, there are no limits set on how many hours a salaried exempt ...
Right to Work8/31/2009
  Q: I live in Idaho and it is a right to work state. I have always been told that an employer can fire ...
  A: In a right to work state you do not have to give a reason for termination. It cannot be a ...
Confidentiality8/31/2009
  Q: I am currently on UI in CA. The employer has hired an outside company (non-lawyers) to represent ...
  A: I would contact the California Department of labor . http://www.dir.ca.gov/dlse/DLSE-FAQs.htm ...
overpayment of wages8/30/2009
  Q: i am on disabilty thru my employer they overpaid me with out me knowing they were overpaying me. On ...
  A: I do not believe this is legal to do.The company is not allowed to bring your pay under minimum ...
Mandatory Meetins - Not being paid8/30/2009
  Q: My daughter works at a restaurant as a server. She and her coworkers are asked to attend mandatory ...
  A: If the meeting is mandatory and the employee is an hourly employee they must be paid for the time ...
Clock sheets being changed8/30/2009
  Q: I work for a company that are currently changing times for our clocking in and out. If you clock out ...
  A: The Fair Labor Standards Act say that an employee must be paid for all the time that he/she works. ...
NJ Tier II and end of benefit year8/30/2009
  Q: I live in NJ and have had a lot of difficulty with memory, organization, depression, etc. that I ...
  A: Right now the president has extended benefits so you should be able to get an extention on your ...
payroll questions8/30/2009
  Q: The company I work for sent a fax yesterday regarding a change in payroll policies. We were ...
  A: Vacation is at the option of the company and is not required by law to be given. I do not believe ...
Black out PTO usage8/30/2009
  Q: I'm in California and I had heard a while back that California must grant you your PTO, basically ...
  A: Q. Can my employer tell me when to take my vacation? A. Yes, your employer has the right to ...
final paycheck and deductions8/29/2009
  Q: I left a small company. I worked a notice and am due my final paycheck on Monday. I have received ...
  A: In most states they do not have to pay vacation upon termination. Perhaps you can talk them into ...
I was terminated & have not received my check8/29/2009
  Q: I live in Las Vegas, Nv. I got a telemarketing job selling Human Growth Hormone which is really ...
  A: When you are fired or laid off, wages and compensation earned and unpaid when discharged become due ...
fmla8/28/2009
  Q: I live in texas and my employer recently denied my fmla claim. It was recently approved but my md ...
  A: The state of Texas has nothing to do with FMLA. This is a federal law and not a state law. The ...
hairstylists commission vs. minimum wage8/28/2009
  Q: What is the law in Florida reguarding minimum wage for commissioned stylists. If we work 35 hours ...
  A: It is not a Florida law it is a federal law under the FLSA (Fair Labor Standards Act) that if a ...
Payroll in Arrears8/28/2009
  Q: 19 yrs ago my company paid to date and fot the next 14 yrs continued to do so. 5 yrs ago they ...
  A: I checked all your rules listed at your Department of Labor website. I did not see any laws that ...
Vacation day/ that day8/28/2009
  Q: One of my employees called me on tuesday morning to inform me he is going to Great Adventure for the ...
  A: Connor, Whether a vacation day must be planned for ahead of time is up to company policy. The ...
holiday pay8/28/2009
  Q: If I work 4 days a week ten hours a day and a holiday lands on my day off, do I get 8 hours paid for ...
  A: The law does not say the company must pay you for any holiday hours. If the company does wish to pay ...
exempt pay for short work week8/27/2009
  Q: On occasion, our medical practice has to close one work day due to non-availablity of doctor staff. ...
  A: Scheduling is left up the the management of the company. It is not an employment law issue and is ...
Paycheck a month late..8/27/2009
  Q: My boyfriend was without a job for two and a half months..in which time I was supporting him. He ...
  A: contact the Washington Department of Labor. Their laws say that the employee must be paid at least ...
Restaurant business payroll8/27/2009
  Q: I work at a restaurant in Western New York. I have several questions for you regarding this ...
  A: Section 162 of the New York State Labor Law provides as follows: Time allowed for meals Every ...
exempt pay for short work week8/27/2009
  Q: On occasion, our medical practice has to close one work day due to non-availablity of doctor staff. ...
  A: The business can force the exempt employees to take the day off if the business is shut down. They ...
lateral transfers and pay8/27/2009
  Q: I recently took a job within my company and was informed that I would lose my title and the pay that ...
  A: When you move from one department to another your title and pay may or may not stay the same. It is ...
No bathroom available at work8/26/2009
  Q: I work for a small company in Minnesota. The company is in a building with two other businesses; the ...
  A: This is not legal any employees at any business must have an available restroom. This would be an ...
compasation for time on compuer8/26/2009
  Q: I work for a company called source interlink and I merchandise magazines and books in stores. every ...
  A: You should be paid for the time you spend on the computer for work related issues. You should also ...
Time Sheets8/26/2009
  Q: Jasper County Indiana....I went from full time to laid off to part time in the same position in a ...
  A: The law says that no one can do your time sheet without your approval. If you are standing there and ...
Per Diem Requirements8/25/2009
  Q: Is an employer required to change per diem rates as job locations change or are they allowed to set ...
  A: The employer is allowed to pay accual expenses with receipts given. The employer does not have to ...
Texas Law on Breaks and Lunches8/25/2009
  Q: I work for a call center here in Houston and there are days when they do not allow us to take our ...
  A: The Texas Payday Law does not address the issue of rest breaks or meal breaks. There is no current ...
Unemployment Benefit Qualification8/25/2009
  Q: I was laid off a month ago from Employer A due to lack of work and is currently receiving UI. I got ...
  A: You are not required to take a job with lower pay. The reason the pay is less is because the temp ...
restaurant question...8/25/2009
  Q: I am a server in a restaurant in New Brunswick, New Jersey. I am a good worker, and one of the best ...
  A: No. Nothing can be deducted from an employee's wages other than those items required and/or ...
Bank Charges on Payroll Cashing8/25/2009
  Q: Is there an actual legal code to arm ourselves with deniying banks the right to steal our pay? The ...
  A: I cannot help with this one. There are no laws against charging a fee for cashing a check. If you ...
Teacher - Let go unjustly8/24/2009
  Q: At the end of last school year I received a wonderful evaluation and review, but asked about an ...
  A: Contracts with schools are year to year and they have the option to renew or not to renew. With ...
Copies of pay stubs8/24/2009
  Q: Shirley, I was recently fired form my job. A mother with 3 children, so I went to my Counties ...
  A: Employers are required to state clearly on each employee’s paycheck, pay envelope or other ...
payroll question8/22/2009
  Q: Back in June of 2009 I worked one day for Kelly Temporary Services They did not pay me because they ...
  A: You must be paid for all the time you worked according to the FLSA whether or not you have all the ...
deductions from paychecks8/22/2009
  Q: In the states of south carolina, i was required by my company to attend a training class. I was ...
  A: If you signed a paper saying that you would be required to pay it back than yes it is legal to ...
Salary overpayment & Crossing Year Tax8/22/2009
  Q: McAllister, I was laid off in the end of May, 2009. As of today I received a letter from my former ...
  A: The company can do two ways: #1. They can revise all their annual reports W-2, 941, SIT, FIT, WC, ...
Wages, Deductions, and Time cards8/21/2009
  Q: I work as a Preschool teacher at a daycare in MA. I have noticed that my employer manually changes ...
  A: You should be paid for all the time you work unless you are under contract for a specific annual ...
Salary employees8/21/2009
  Q: If I was hired in as salary pay and i do not punch a clock, should i be getting the same amount ...
  A: You should get the same amount of pay unless you are out for one whole day or more for personal ...
i feel cheated8/21/2009
  Q: first i want to thank you for your help. i live in southern california and i drive a tow truck now ...
  A: I think that you should have stayed where you were sounds like you got the short end of the stick by ...
Labor laws8/21/2009
  Q: I am currently employed and my boss is having financial issues. We have 2 paydays a month, the 5th & ...
  A: You can call the Arizona Department of labor and file a complaint with them that you are not ...
Bathroom Breaks8/21/2009
  Q: McAllister! I live and work in New York City, I work 8 hours per day and 7 hours requires me to be ...
  A: In New York only the meal period is required under Employment Law. Employees who work a shift of ...
Vacation time pproved8/20/2009
  Q: I have worked for a company for 28 years and in 2 weeks I was written up on 4 occasions one which I ...
  A: If you feel you were discriminated against because of your age than you have the right to file a ...
unused vacation time and unemployement8/20/2009
  Q: Do I have to pay an employee his/hers unused vacation days when I lay them off for several weeks? I ...
  A: THe state of Michigan says this is a fringe benefit and it is paid out according to company policy ...
Vacation, sick and personal time accrued8/20/2009
  Q: At my current job, in the state of MO, I have accrued 16 personal hours, 88 sick hours and 75 ...
  A: Missouri has no law requiring paid vacations for private sector employment. This is an issue that ...
Time clocks and paychecks8/20/2009
  Q: I'm in NC. My company just switched to a time clock. We've been instructed that we'll be paid for ...
  A: They can round to the nearest 15 minutes. at 7 minutes it probably does go back to the earlier time ...
Can my employer tell me what to do during my off the clock break?8/19/2009
  Q: I work at a Target in the state of Iowa. Recently my boss told us that we, all Target employees, ...
  A: Your company cannot tell you where to sit during your lunch breaks. They do have control of the 15 ...
Overtime8/19/2009
  Q: I am working as a temp in a company with ton of overtime. I know that they can dictate me to do ...
  A: You do not have to have warning before you are scheduled to work. If you can cancel your plans you ...
Resignation letter8/18/2009
  Q: I have a question regarding resignation letter, I gave my resignation to my employer with two weeks ...
  A: You have a couple of choices. If you have actually worked time you must be paid for the time you ...
Termination in Tennessee8/18/2009
  Q: My wife and I were employed at the same company and recently we were both terminated. I understand ...
  A: In an at will state you may be terminated for no reason at all. The only illegal termination is if ...
Clocking in 1 minute late8/18/2009
  Q: I work in Colorado. This is my first time being late since we moved to a new building which is 15 ...
  A: It is legal to round time to the nearest 15 minutes on both ends, morning and evening. It is not ...
Over-Payment8/18/2009
  Q: On July 10th of this year I put my letter of resignation in for my job and left on very good terms. ...
  A: The first thing I would do is contact them and find out why they not only said that a check was due ...
vacation pay8/18/2009
  Q: I WAS FIRED FROM MY JOB AND I WANTED MY VACATION PAY THAT WAS DUE ME . THEY SAID THEY DON'T PAY WHEN ...
  A: The state of Michigan says the company must pay terminated employees for Fringe Benefits (this would ...
overtime8/17/2009
  Q: i worked for a company in new york for over 20 years and they always paid me overtime.....in 2007 ...
  A: First you need to find out if you were reclassified in 2007 as exempt salaried employee instead of ...
salary minimum in texas and time period to recieve final paycheck8/17/2009
  Q: I worked for a company for 4 days, I was hired on a Thursday my first day of work was Friday, i ...
  A: They should pay the two days at the old rate and the other two days can be at the new rate. You ...
resignment laws8/17/2009
  Q: I am going to give my notice to leave the company I work for but my contract states I must give 6 ...
  A: what does it say they will do if you do not give 6 months notice? Yes it is a legal contract if you ...
partial pay day for salary employee8/16/2009
  Q: I was a salaried employee for a retail company that normally worked 5 days a week, except for Nov & ...
  A: Salaried employees have to be paid all of a day if they work part of a day except for the last day ...
Not being paid proper overtime...8/16/2009
  Q: I am a Shift Team Leader and am involved in shift changes for about 20 minutes at a time prior to my ...
  A: It is legal for the company to round time to the nearest 15 minutes. It is not legal for them to not ...
lunch time law in maryland8/16/2009
  Q: My daughter works for a cell phone store in Maryland and works between 8 to 12 hrs. a day some times ...
  A: Division of Labor and Industry The Maryland Guide to Wage Payment and Employment Standards - Pay ...
Unemployment Insur After Layoff followed by Contract Work8/15/2009
  Q: I was recently laid-off from a salaried position in Connecticut after 5 years. I received 6 weeks ...
  A: If you are engaged in self-employment on a part-time basis (while maintaining your availability and ...
Huge Overpayment of Salary8/15/2009
  Q: Shirley, I am in a terrible situation with my employer. I have been employed with them for just ...
  A: I would first contact the Department of Labor. They may be able to help with the taxes. The company ...
switching my pay from hourly to salary8/15/2009
  Q: I am a manager of a C store in IL and have been bought out a few months ago. My pay was set up for ...
  A: THis is not legal for them to do. What they are doing is cheating you out of overtime. They have to ...
Unemployment Benefits8/14/2009
  Q: I tried to ask you this question earlier, and you responded that you couldn't answer it. I can't ...
  A: Each state has it's own method of figuring the unemployment insurance. There are a lot of factors ...
vacation pay8/14/2009
  Q: I WAS FIRED FROM MY JOB AND I WANTED MY VACATION PAY THAT WAS DUE ME . THEY SAID THEY DON'T PAY WHEN ...
  A: Different states have different rules, but in most states it is whatever the company policy says for ...
Is a company allowed to take out as much as 25% from severance and vacation pay?8/14/2009
  Q: I was laid off July 3 2009. I did receive a severance package. At the time I was unaware that when I ...
  A: Extra paid time such as severance and vacation time is taxed at the supplemental rate of 25% for ...
Vacation & personal time8/14/2009
  Q: I have been laid off from my position at a local family owned business here in Maryland. We have a ...
  A: The Maryland Guide to Wage Payment and Employment Standards - Wages and Compensation - Unused ...
30 hours salary no benefits8/14/2009
  Q: I live in S Mo. I took a position as a property manager of apartments. Upon hiring I was given 30 ...
  A: Missouri has no law requiring paid vacations for private sector employment. This is an issue that ...
Employment requirements seem unfair, but legal?8/14/2009
  Q: My employer pays a flat daily rate (not much at that). Most employees drive a company supplied ...
  A: Unfortunately scheduling of hours is left up to the company and is not regulated by any employment ...
Reduction in leave accrual8/13/2009
  Q: my employer reduced PTO accrual from 240 to 200 hours per year without notification. Basically, ...
  A: The federal government does not regulate PTO time. Some state regulate it to a certain degree and ...
Business Travel8/13/2009
  Q: I have recently accepted a position marketing for a new company that is just opening in town. It is ...
  A: Salaried employees do not receive extra compensation for traveling or for training. If she does ...
Leave time for salary exempt employee8/13/2009
  Q: I have 4 weeks of annualy leave time (includes vacation & sick leave) I am a salary exempt employee. ...
  A: Vacation and sick time are not required by law to be paid or given. If they are given they must be ...
witholding your paycheck8/12/2009
  Q: Can an employer in New York State withold your paycheck because you did not turn in your badge if ...
  A: Your paycheck cannot be held because you do not turn in your badge. If you still have the badge it ...
Cobra8/12/2009
  Q: I was fired within the last week. My former employer offered Cobra for 3 months. I have been told ...
  A: You are correct, the president did pass a stimulus packaged that extended the time through the end ...
Forced Payroll Deductions8/11/2009
  Q: I was employed by a company that wanted each of it's workers to buy a very expensive tool. The ...
  A: I am sorry for you working in Florida, they do not have a Department of Labor. The FLSA (Fair Labor ...
Punching in Early8/11/2009
  Q: There has been some disagreement on this topic. Wondering if you could clarify? Is an employer ...
  A: If the person is punching in early than they are not paid for the time until they start working, the ...
Pay Periods8/11/2009
  Q: I am controller for a company in Massachusetts. We have locations in several states including ...
  A: Prior notice generally means that the employee must be notified of the change before any work is ...
employment contracts8/11/2009
  Q: It is likely too late for me, but here's the deal. I am a manager in the nuclear power industry, and ...
  A: You should check over your employment contracts with an attorney. The Human Resource employee in ...
my boss is changeing my time sheet8/11/2009
  Q: I just started workin at a new company as a dcs for MR clients. Well one night one of my bosses ...
  A: The company has to pay you for all the hours you have worked. If you take off for lunch you do not ...
PTO for salaried employees8/11/2009
  Q: In NC, if a salaried employee typically works about 9 hours per day and only work 1 hour because of ...
  A: PTO is not required to be given to the employees. It is considered a fringe benefit. Because it is ...
Alternate Work Schedule 4/108/10/2009
  Q: We want to start a 4 day 10 hour schedule for a job that is in another county. I know I can set up ...
  A: You do not need a signed agreement to change work schedule. You are still under the laws of the FLSA ...
Travel Reimbrusement8/10/2009
  Q: I am a federal employee working at home in Aizona. My office is located in Oregon. Every two ...
  A: If you are driving there and back it would be the same as driving to work and home. No reimbursement ...
Business Travel for Hourly Employee8/10/2009
  Q: My husband is an hourly employee for a company, and is preparing to leave for Haiti for 3 days to ...
  A: Travel is paid for any time that crosses his regularly scheduled workday. If he is scheduled to ...
Cobra8/10/2009
  Q: I was fired within the last week. My former employer offered Cobra for 3 months. I have been told ...
  A: Cobra coverage is for 18 months for reasons of termination other than "Gross Misconduct". If you ...
Recoverable Draw Overpayment8/10/2009
  Q: Shirley, We have an employee that we are changing his status from an employee to an independent ...
  A: There is always a question when and employee is changed to independent contractor status. If the ...
Whistleblower8/10/2009
  Q: after requesting a w-4 several times, as well a I-9, my employer continues to pay me under the ...
  A: You do not receive compensation for reporting your employer. If you are fired for doing so you will ...
pay reduction8/10/2009
  Q: I have been with an agency since January. I know that it is ran rather slipshod. I began at the ...
  A: It sounds like they are manipulating your hours and time to their advantage. I think that the ...
BOSS IS A &*#%!@8/10/2009
  Q: Sorry this question is pretty crazy, Please Help!!! On June 7th 2009 I began working for this ...
  A: He is obligated only to pay you what is in the contract. Even though he did not pay on time the ...
Oppressive Work Environment and ADD8/8/2009
  Q: ina advance, for giving this question consideration. First, I was diagnosed with ADD when I was 25. ...
  A: It is true that ADD is a disability and would fall under the ADA (Americans with Disability Act.)If ...
Change of ownership - terminating employees8/8/2009
  Q: I am in the midst of acquiring a business in California. Layoffs are planned after acquisition in ...
  A: The new owner assumes any ongoing benefits and debt of the aquired company. There is no ...
Full time status8/8/2009
  Q: I work at a small non-profit company that is state regulated. I am a full time college student and I ...
  A: 40 hours is full time. If they give you a problem with this than call the State Department of ...
Punching in Early8/7/2009
  Q: There has been some disagreement on this topic. Wondering if you could clarify? Is an employer ...
  A: The company is obligated to pay for all the time that the employee works. You do have to pay them if ...
Weeks pay withheld8/7/2009
  Q: We live in North Carolina and are owner operators.We are contracted to a company that my husband has ...
  A: Holding back one week on starting is common, we do it here. Holding back another week does not make ...
Moving from Salary to Wage.8/7/2009
  Q: Our company recently moved some employees from Salaried to Wage due to the fact that some employees ...
  A: You are not required to pay comp time to salaried employees. If you wish to do so you may if you are ...
Salary emolyee vs hourly employee8/7/2009
  Q: My spouse worked for a company as a salaried employee and was required to use a time clock, does ...
  A: Many salaried employees are required to punch timeclocks. This does not count as being treated as an ...
paid travel time via an airline8/6/2009
  Q: What hours do you have to compensate for air travel?
  A: What ever hours cut across your regularly scheduled workday. If you work from 8 to 5 and travel ...
Confusing Termination8/6/2009
  Q: I was, until today, a director at a small IT e-learning firm based in Montreal, Canada. I worked out ...
  A: These are the Ontario laws since your were employed in Ontario, Canada. In most cases, when an ...
Lunch8/6/2009
  Q: We have salaried employees who are given 30 minute unpaid lunch periods. Is there a law that says ...
  A: The company has the right to schedule time so it knows when employees will be there and for the ...
Waiting to clock in and a few other questions.8/6/2009
  Q: I'm an hourly employee and work at a restaurant in Austin, Texas. We have set schedules and so we ...
  A: Time changing into and out of uniforms is work time. Walmart is in a lawsuit about this as well as ...
Salaried Employee - Max hours allowed to work?8/5/2009
  Q: My sister is currently a salaried employee at a hotel in Cambridge Massachusetts. She is not ...
  A: Salaried exempt employees are exempt from the Fair Labor Standards act and may be asked to work as ...
mandatory lunch hour8/5/2009
  Q: I live in California. I know my employer has the right to schedule lunch breaks. But what if they ...
  A: Schduling of lunch breaks is left to the company and since the state of california is for employees ...
Forced Payroll Deductions8/5/2009
  Q: I was employed by a company that wanted each of it's workers to buy a very expensive tool. The ...
  A: I would report this to the Department of Labor. First of all it is illegal to get employees to sign ...
Mailing of Paychecks8/5/2009
  Q: Can you tell me if any state prohibits the mailing of any paychecks? Currently, we are trying to ...
  A: Mailing of paychecks is not prohibited, however, you cannot pay the direct deposit poeple on one day ...
Late Pay8/5/2009
  Q: I have an employer that has been late on pay checks frequently; sometimes a week, sometimes 3 weeks. ...
  A: The first thing you should do is talk to the company and tell them that it is making things ...
my new job won't pay me.8/4/2009
  Q: I just started a job and they're telling me they're not going to pay me for the first three weeks. ...
  A: They can hold back two weeks and pay it when you terminate, this is fairly common , but I never ...
Training8/4/2009
  Q: I was recently promoted at my job. After I accepted the position my HR director decided to add some ...
  A: You should have been told about the stipulations at the time you were offered the job. It is not ...
Timesheets-Signing and retention of signed copies8/3/2009
  Q: Shirley, Our corporation has employees in all 50 states and Canada. Must the employee sign off on ...
  A: It is a good idea to have them signed off, that would be the immediate supervisor's job. They are ...
sick leave pay for employee while on probation for job in Florida8/3/2009
  Q: Can an employee collect sick leave pay while on probation for job in Florida?
  A: Being on probation is not being sick. I would not pay sick pay to someone on probation. This is ...
TIME CLOCK CHANGING8/3/2009
  Q: MY EMPLOYER CHANGES MY TIME PUNCHES FOR OVERTIME. SO THAT MY PAYCHECK READS THAT I DID NOT WORK ...
  A: The FLSA (Fair Labor Standards Act) says you must be paid for all the time you work. It is allowed ...
Mandatory pot-luck meeting8/3/2009
  Q: My employer schedules a quarterly staff meeting and pot-luck during lunch time. Staff is required ...
  A: Legally no you cannot be required to attend unless you are paid for it and cannot be required to buy ...
salary employees8/3/2009
  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: If a salaried employee is off a whole week than the company does not have to pay the salary. FMLA ...
mandating8/2/2009
  Q: does an stna have to stay over if they are short on staff, or is it the nurses job, administrators, ...
  A: It does not matter what your title is. If your boss asks you to stay overtime than you need to work ...
final paycheck8/1/2009
  Q: When you quit your job in washington State- when does your employer have to pay your final check? ...
  A: In the state of Washington Termination wages are due to the worker on the next regularly scheduled ...
withholding paycheck7/31/2009
  Q: I live in North Carolina and work for a medicaid funded agency. I have been there for over 5 ...
  A: If you are not paid than you should file a claim with the Department of Labor. Hiring a lawyer will ...
SSN verification7/31/2009
  Q: http://en.allexperts.com/q/Employment-Law-924/2009/4/SSN-verification.htm Answer HR is not allowed ...
  A: We are not allowed to hire an employee without a social security number. If a person wishes to work ...
full-time hours7/31/2009
  Q: I work for a retailer in mass and I normally get 35-40 hrs a week as the inventory. However in the ...
  A: The employer may schedule his workers as he sees fit, it is not regulated by the government. I would ...
milage pay7/30/2009
  Q: i work for dominos in alabama. we get $1.25 out of a $2 delivery charge if we ake one delivery,if we ...
  A: Tipped employees must get minimum wages whether or not they make enough tips to reach the tip credit ...
furloughs7/30/2009
  Q: We are planning to implement reduced schedule/reduced wage "furloughs" one day per month beginning ...
  A: This type of reduction is being used a lot. It is also being tested in the courts, especially in ...
Payroll Deductions7/30/2009
  Q: The Company is about to payroll deductions for non-company paid travel expenses. We have employees ...
  A: Alabama no provisions except prohibited to mandatory take Union Dues Alaska if voluntarily agreed ...
Payroll Deductions7/30/2009
  Q: The Company is about to payroll deductions for non-company paid travel expenses. We have employees ...
  A: Each state has different rules. If you have a written, signed agreement for each deduction from the ...
Documenting time off7/29/2009
  Q: I let my Director know that I would need a few hours off to take care of some personal business. I ...
  A: You must be paid if you work part of a day your whole salary. The governming rules do not care out ...
Mandatory Hire And "FICA"7/29/2009
  Q: I am not sure but I believe I heard there is a law that requires a person to be hired if they work ...
  A: What is on your check is more than likely FICA and Medicare Tax. Federal withholding would have it's ...
Vacation docked for salaried employees7/29/2009
  Q: You provided the following response to a previousAnswer Salaried employees are not based on 40 hours ...
  A: The rules are the rules of exemptions to the FLSA (Fair Labor Standards Act). you can read these ...
Contracted Employees & Discrimination7/29/2009
  Q: In the State of CT, can you hire a group of employees in the same 'class', each one individually ...
  A: If you are hiring contracted employees than you can settle different terms and write them into the ...
pay cut7/28/2009
  Q: My employer recently cut my pay without telling me. is that legal, and if not what can i do about it ...
  A: It is legal to cut your pay. You should be notified before any time is worked under the new pay. ...
suspension7/28/2009
  Q: If I reported a threat to myself by another employee, why would they suspend us both? another ...
  A: Sounds like you have already tried without success. The company has the final word on these types of ...
suspension7/28/2009
  Q: If I reported a threat to myself by another employee, why would they suspend us both? another ...
  A: If there is an argument between two employees often both are suspended until it is investigated or ...
Resignation letter7/28/2009
  Q: I have a question regarding resignation letter, I gave my resignation to my employer with two weeks ...
  A: The employer does not have to allow you to work the two weeks and has decided to terminate you. You ...
CA pay for no work available7/28/2009
  Q: I am located in California and I work at a job where I am paid by production. If you show up for ...
  A: You do know that you can sign up for unemployment and draw it if you are working a reduced amount of ...
salary plus overtime in arizona7/28/2009
  Q: I was given a position as a executive which is a salary position. I continue to do the same job I ...
  A: If you are salaried exempt you are not eligible for overtime. If you do not believe you are exempt ...
hi7/28/2009
  Q: hi im about to be 13 in a month and im looking for a job i would like to know what is the legal ...
  A: You have one more year before you can legally work at anything other than a paper route or mowing ...
vacation pay7/28/2009
  Q: if my employer said back in may i was qualified for 40 hours paid vacation and i told them i would ...
  A: Vacation pay is a fringe benefit given by an employer. It is under the control of the employer and ...
unused vacation pay7/27/2009
  Q: i work in wisconsin and i recently quit my job with no notice. and the handbook doesn't say that i ...
  A: In the state of Wisconsin it depends on Company Policy whether or not vacation is paid upon ...
exempt salaried PTO7/27/2009
  Q: Our full-time employees accrue both sick and vacation hours. If an exempt employee uses all accrued ...
  A: PTO and Vacation are both considered a fringe benefit and the employer has the right to say when it ...
Unused vacation days when laid off7/27/2009
  Q: I live in Illinois and was just laid off. I read one article that stated Illinois is one of the ...
  A: The state of Illinois Department of Labor web site says this: If I quit or am fired, am I entitled ...
Salaried Employee - Exempt from Overtime7/27/2009
  Q: I am a full time salaried employee paid bi-weekly and I am exempt from collecting overtime. I work ...
  A: It is based on your annual wage divided by the number of hours scheduled to work. The 2080 comes ...
Time clock hours7/27/2009
  Q: If an employee is scheduled for an eight and half hours,half being lunch. He clocks in for the day, ...
  A: The employee must be paid for all the time worked and it is the manager's responsibility to make ...
CA PTO laws7/27/2009
  Q: I was assistant manager at a retail store in Orange County, California where we are paid hourly. My ...
  A: PTO and vacation time are regulated by the company. The government considers it a fringe benefit and ...
Vacation, PTO7/26/2009
  Q: My husband works as a driver for a major corporation. He has worked there for almost 6 years. In his ...
  A: Unfortunatley PTO and vacation time off is a benefit given by the company and it is allowed to be ...
salary overpayment7/26/2009
  Q: Would like to know what are the laws if any, regarding re-payment of overpaid wages to an individual ...
  A: They could possibly call it an advance on pay and if so they are allowed to take it from the next ...
Clocking in on time7/25/2009
  Q: I'm a student at a Cosmetology school, we must use a punch clock every day. The clock used to be set ...
  A: That is a strict rule if you are suspended for a few minutes. We give our employees 7 minutes. At 7 ...
Telemarketers getting paid ONLY commission7/25/2009
  Q: My daughter is in Arizona and got a job doing telemarketing. The workers work a six hour shift or ...
  A: It is legal to pay a worker on a commission only basis. When one is applying for a job it is ...
Withholding paychecks7/24/2009
  Q: Can an employer in New York state withhold a salaried employee's paycheck for failing to submit ...
  A: No he cannot. It is the Department of Labor's stance that the employer should know when his ...
Backcharging an employee7/24/2009
  Q: My boyfriend is working for a company that is paying cash. He has repeatedly asked when they are ...
  A: Not a good situation you have gotten into . You can file a claim with the department of labor for ...
Time Cards7/24/2009
  Q: This is an effort to help my mom out with an issue she is having at work. The front desk clerk at ...
  A: The FLSA (Fair Labor Standards Act) says that the employee must be paid for all the time that is ...
required notice and paid vacation7/23/2009
  Q: I live in New York and am looking to leave my job. Our employee handbook says that managment are ...
  A: Under the New York State Labor Law, payment for holidays, sick time or vacation -- i.e. payment for ...
Salary and sick time7/23/2009
  Q: I am a salaried employee. If I show up to work and have to go home sick, do I have to take sick time ...
  A: You have to be paid your full salary unless you are gone one full day for personal reasons. If you ...
Overtime and off the clock work7/23/2009
  Q: Shirley, I have an employee that continually attempts to work overtime (we are located in Texas) and ...
  A: You absolutely can enforce your policy. The first time you talk to the employee you tell him about ...
Paying meal time7/23/2009
  Q: First thank you for your response to my question yesterday re punching in/out for lunches (VA mfg ...
  A: Yes, if they are relieved from all work duties for at least 30 minutes it is unpaid lunch time. ...
Was I unlawfully fired?7/23/2009
  Q: I work at a Hungry Howie's in Michigan. I received a call today on my day off from one of my ...
  A: I actually have a similar case. I have allowed some latitude due to the age of the employee and ...
reduction in pay as penalty7/23/2009
  Q: I have 2 questions. I work in a dental office in florida as a dental assistant. As an hourly ...
  A: None of this is legal. The company is not allowed to do this. It is allowed to round time to the ...
30 notice vs 2 weeks notice7/23/2009
  Q: I am an LPN and have been employed at a nursing home in AZ for nearly 2 years. The corporation's ...
  A: Yes, unfortunately for you they can enforce this policy. PTO, Vacation, Sick Pay time are ...
paydays falling on holidays7/23/2009
  Q: If a payday falls on a holiday or weekend should it be issued to you before the holiday? For example ...
  A: Brian, I have an office in Vancouver and one in Calgary. I do not have one in Ontario. I did call ...
Leaving premises during lunch7/22/2009
  Q: We would like to enforce that our Virginia employees to punch in and out should they leave the ...
  A: There is no issue with asking them to log in and out when they leave the premises for lunch. There ...
Working consective days without a day off7/22/2009
  Q: My fiance has Tuesdays and Saturdays as his days off. Recently, his company scheduled too many ...
  A: Scheduling is left up to the company is not regulated by the government. The only regulations are if ...
Termination Letter7/22/2009
  Q: We have an employee who has not been into work consistenly since June 9th, we have all this ...
  A: I would send the letter to him by registered mail so that he has to sign for it. I would write on ...
Salary wage deduction7/22/2009
  Q: Ma'am: I am currently employed as a Contract Detention Officer with the Federal Government under ...
  A: The exempt employee should be paid his salary even if he is sick one day. The salary of an exempt ...
Furlough is being deducted from my final check and the furlough did not happenn yet7/21/2009
  Q: I just received the calculation for my final paycheck and 3 days of furlough were deducted from the ...
  A: It is not legal to deduct amounts from your check for time off that has not been taken. You will ...
late payments7/21/2009
  Q: I'm an IT professional and I used to work for a small company here in Atlanta Georgia (let's call ...
  A: You have two options. You can file a claim with the Georgia Department of labor and wait for them ...
work threating me even though i have a Dr's note7/20/2009
  Q: i work in a company in Illinois. and i was diagnosed with a a bulging disc in my neck that pinches ...
  A: If you have been with the company for a full year and the company for a whole year you can ask to be ...
have not got 4 weeks wages in 18 weeks7/20/2009
  Q: I have not got payed for 4 weeks work i done back in march and left my because of that, Every time i ...
  A: This is against the law, you must be paid your wages when they are due. You need to put in a claim ...
Lunch breaks7/20/2009
  Q: I have looked into federal and local regulations regarding lunch breaks and still don't seem to have ...
  A: The federal laws do not cover rest periods or lunch periods or breaks. Some state laws do cover ...
Minor not being paid for all hours worked7/20/2009
  Q: My daughter is 16, she has been working for a company since she was 14. in the begining she would ...
  A: The Fair Labor Standards Act (FLSA) says that an employee must be paid for all the time he works, ...
electronic job clock7/19/2009
  Q: Our corporation has recently installed job clocks on our school buses which in itself is a good ...
  A: You might ask them how you are expected to be to work at the correct time if you cannot set your ...
Disibility and Garnishment7/19/2009
  Q: I'm currently receiving short term disability that will soon transfer to long term. Can these ...
  A: I am sorry, I was not that clear. If the checks go through your payroll office and taxes are ...
holding positions for injured employees7/19/2009
  Q: I work as general manager for an independently owned/operated restaurant in Michigan. We have two ...
  A: If you are exempt from FMLA than you do not have to keep the job open for them. The only thing I ...
Missed Punches for Hourly Employees7/19/2009
  Q: We have a big issue with employees not clocking in and out and it causes delay for our timekeeper. ...
  A: You cannot hold pay for missed punches. The Department of Labor says the burden is on the employer ...
holding positions for injured employees7/19/2009
  Q: I work as general manager for an independently owned/operated restaurant in Michigan. We have two ...
  A: You must put them on FMLA which is Family Medical Leave. They have 12 weeks of unpaid leave in which ...
Disibility and Garnishment7/18/2009
  Q: I'm currently receiving short term disability that will soon transfer to long term. Can these ...
  A: This would be determined by your state law. If you state law consideres the amounts for disability ...
salary-exempt partial work day7/18/2009
  Q: Salary-exempt employee for a company in Massachusetts. My "work hours" are technically 8:30 to 5:00 ...
  A: Salaried exempt are paid for partial days worked. Vacation and personal time are considered fringe ...
docked pay7/18/2009
  Q: i recently was out of work for 5 days due to a medical reason, i supplied a note issued by my doctor ...
  A: The company can use your vacation days to cover the time out sick. Vacation is a fringe benefit ...
profit sharing7/18/2009
  Q: I hope you can help me. I was placed on temporary disability earlier this year and am having lots of ...
  A: She cannot keep your profit sharing account money if you are vested in the plan. some plans have a 4 ...
have not recived my paycheck yet7/17/2009
  Q: I got a qustion for you, I got into this company ( Direct Service Group AKA allite Marketing) ...
  A: File a claim for unpaid wages with the Department of Labor. You can also take the employer to small ...
Minor not being paid for all hours worked7/17/2009
  Q: My daughter is 16, she has been working for a company since she was 14. in the begining she would ...
  A: She must be paid for all the hours she works. She cannot be paid for 1/2 the hours she works, it is ...
Late work schedules7/16/2009
  Q: I currently work at a hotel and our work week is Friday through Thursday and my boss is not putting ...
  A: It would be a good business practice for the supervisor to put the schedules out a couple of days in ...
Possible Descrimination Related to Health Care Benefits7/16/2009
  Q: I work for a nonprofit organization. I was hired last September. Our new office manager was hired in ...
  A: It does not sound like you are being treated equal or fairly. However, the discrimination rules are ...
Working past scheduled shift/hourly7/16/2009
  Q: I am an hourly worker at a large retail store in Wisconsin. The store manager indicated that before ...
  A: Under the Federal FLSA regulations it says you must be paid for all the time you work. There are no ...
Holiday and Overtime on the same day7/16/2009
  Q: We had an employee who worked 42hrs in the week and then worked an additional 8hrs on the 4th of ...
  A: We pay our employees double time and a half if they work on the holiday. If the other employees got ...
Exempt employees7/16/2009
  Q: Can an employer require a salaried, exempt manager to work 2 14 hour shifts on weekends in lieu of 2 ...
  A: Salaried exempt employees do not have a normal hourly working period. They are not paid by the hour ...
break periods7/15/2009
  Q: Does my employer have the right to not allow cell phone use or go outside the building, on a short ...
  A: This is at the option of the employer. They could make an exception for salaried employees, ...
Full time vs Part time Employment7/15/2009
  Q: I am a worker in a retail store in WI. I am working 40 to 40+ hours a week. I have talk to my ...
  A: In most companies 30 hours is considered full time, it is in our company,some companies consider 35 ...
medical leave vs FMLA7/15/2009
  Q: Due to our growth, we have recently come under FMLA, but haven't changed it in our handbook. The ...
  A: Type up a one paragraph revision to your handbook and ask all the employees to place it in the ...
hours scheduled vs hours worked7/15/2009
  Q: I am an hourly employee in Ohio and work for a large communications company. I am scheduled for 20 ...
  A: There is no federal law for reporting time pay. Some states do have such a law. In California it is ...
break periods7/15/2009
  Q: Does my employer have the right to not allow cell phone use or go outside the building, on a short ...
  A: The company does have the right to limit short paid breaks. They can have a policy of no cell phone ...
unpaid time off7/14/2009
  Q: I live in Massachusetts and have a question about unpaid time off. I was sick with pneumonia in ...
  A: If you have not been with the company long enough for FMLA there are no laws that protect your job ...
employer refusing to pay me for time i have worked7/14/2009
  Q: how &who do i go to get wages for time i have worked and my employer is refusing too pay me because ...
  A: They are responsible to pay your wages as long as they allow you to work. You need to file a claim ...
payroll check stub7/13/2009
  Q: My employee wants me to suppress printing her routing and account # on her check stub. Her funds ...
  A: The banking information does not need to be printed on the check stub. The name, address, amount of ...
Being Paid for time worked7/13/2009
  Q: I worked for a child day care. My employment was terminated after only two weeks of working. Their ...
  A: It is illegal not to pay you the wages you earned. You must be paid all the amounts you earned. If ...
Ohio - have to accept work when on unemployment?7/13/2009
  Q: Laid off indefinately 5/29 called back to work week of 7/6 called back to work week of 7/13 asked if ...
  A: You could, but with the economy the way it is if you wish to go back to work for the company when ...
Holiday Pay7/13/2009
  Q: Our company policy states that if a holiday falls on a Saturday, employees get the Friday as a ...
  A: No only one day of holiday pay is required. If the employee is salaried exempt the only requirement ...
Salaried employee leaving early7/13/2009
  Q: The nurse in a solo physician office is a salaried employee. The nurse frequently leaves early ...
  A: If a salaried employee works part of a day she must be paid for the entire day. There are a couple ...
Work condistions and breaks7/12/2009
  Q: I just recently moved to Texas and started a job as a pastry chef and I feel as though the ...
  A: The Texas Payday Law does not address the issue of rest breaks or meal breaks. There is no current ...
still not paid7/12/2009
  Q: My wife works for Deer Vally school District in Phx,Az Her last paycheck is mailed at the end of the ...
  A: She should be receiving it soon. My daughter works for Santa Cruz school district and she just ...
Tax withheld on Vacaton payout7/12/2009
  Q: I have recently been laid off. I will receive a pay out of my entire accumalted vacation in a lump ...
  A: The W-4 is generally not used to figure vacation pay. There is a rate called a supplemental wage ...
Pay Reduction7/10/2009
  Q: I live in Ontario Canada Recently my employer changed my status from contractor to a full time ...
  A: I understand that you think it was an employment status change. I am saying to you that you may ...
2wks given and have a vacation available7/10/2009
  Q: Earlier in the year my company took away vacations away from all mangers to save money and no one ...
  A: In the state of Maryland it depends on the policy of the company. If the policy of the company says ...
Pay Reduction7/10/2009
  Q: I live in Ontario Canada Recently my employer changed my status from contractor to a full time ...
  A: If you were a contractor before and you are now an employee it was not just a status change. You ...
2 Questions7/10/2009
  Q: Annual Review: my company does an annual review of all employees. I had to turn in my self ...
  A: The government and labor laws do not regulate raises or performance reviews. The only time this ...
clean up and uniform changing during shift work7/10/2009
  Q: Can a Ohio employer require an employee to change in and out of required uniforms and clean up after ...
  A: No this is illegal and it is federal law. The Fair Labor Standards Act says that an employee must be ...
Payroll Holdback7/10/2009
  Q: I work in a union office. Several years ago we signed an agreement with the company that they would ...
  A: We did go through a similiar experience where we changed our payroll from semi monthly to bi weekly. ...
I was full time, now I work 2-3 days a week7/9/2009
  Q: I was full time, now I work 2-3 days a week, When I am off a full week I collect unemployment, Can ...
  A: Yes you can collect unemployment for the weeks you only work a little, but only if you do not earn ...
work and vacation time7/9/2009
  Q: I work with a company for 9 year and I just recently quit without notice. I want to know if I still ...
  A: In the state of Michigan the laws for payment of vacation pay upon termination say Written ...
LAID OFF WILL NOT PAY VACATION PAY7/9/2009
  Q: I WAS LAID OFF ON JULY 2ND AND AT FIRST THE CEO AND HUMAN RESOURCES TOLD ME THEY WOULD PAY ME MY TWO ...
  A: Illinois says that the company can have a use it or lose it policy. It also says that accrued days ...
Severance and PTO payments in Texas7/9/2009
  Q: A group of us were laid off from a multimillion dollar healthcare company in Texas. We have unused ...
  A: Vacation is not required in Texas, however, if there is a written employment contract or an employer ...
Employer has refused to send payroll check7/9/2009
  Q: My employer has refused to send my last payroll check after I tendered notice to retire. I am a NC ...
  A: You can try and fight for it, but I do not know that you will be successful because even though you ...
LAID OFF WILL NOT PAY VACATION PAY7/8/2009
  Q: I WAS LAID OFF ON JULY 2ND AND AT FIRST THE CEO AND HUMAN RESOURCES TOLD ME THEY WOULD PAY ME MY TWO ...
  A: In most states vacation pay is not required to be paid. It is between the employee and the employer ...
terminating/refusing medical emergency help7/8/2009
  Q: ok so i started my job in January of 09! i informed them as soon as i started i have anxiety and i ...
  A: Here is where you can file a claim in Nebraska. ...
sick pay7/8/2009
  Q: I INJURED MY SELF AT WORK PAYED ON SALARIED SHOULD I GET MY BASIC PAY FOR SO MANY WEEKS ANSWER: ...
  A: This would be a case that would need a Solicitor to review and determine if there is any merit for a ...
sick pay7/8/2009
  Q: I INJURED MY SELF AT WORK PAYED ON SALARIED SHOULD I GET MY BASIC PAY FOR SO MANY WEEKS
  A: Your company will have insurance that covers these type of accidents, usually called a worker's ...
Employer has refused to send payroll check7/8/2009
  Q: My employer has refused to send my last payroll check after I tendered notice to retire. I am a NC ...
  A: Do you have any documents showing that the vacation time was approved by a supervisor or Human ...
Payroll distribution and picking up paychecks7/7/2009
  Q: Is it legal that my employer is taking my paycheck on payday(a Friday) to an offsite area where a ...
  A: If you do not wish to attend the function you can go pick up your paycheck and leave or you can ...
mail pay check7/7/2009
  Q: I have talked to some of my coworkers who do not have direct deposit like I do. Is there any laws on ...
  A: If the employee opts for a mailed check than the check must be mailed out on payday. So if Friday is ...
pay stub question7/7/2009
  Q: I have been employed by this company for a little over 3 months now and have not gotten a pay stub ...
  A: The state of Florida has no provisions for pay statements. The only provision they have is that Farm ...
charging money for time card missed punches?7/7/2009
  Q: I work for a car dealership and our supervisor has put a bucket out that we are to put a dollar in ...
  A: It is illegal if the employee is made to pay the money. If someone does not pay it in than the ...
man/woman pay differences7/7/2009
  Q: I work in Indiana and have been at this company for 3 yrs. I started out in one dept. as part-time. ...
  A: President Obama did sign a law called the Lilly Ledbetter Act. It is a law that says a male cannot ...
worker's taxes?7/7/2009
  Q: My mother-in-law is currently working for a local gas station here in Jackson TN. She does not get a ...
  A: This is not legal. Timecards have to be kept for at least 4 years. She should be paid on the same ...
unpaid vacation7/6/2009
  Q: I was terminated on June 3rd 2009 after working 1 1/2 years. They did not pay me my vacation pay I ...
  A: If they have a policy saying they do not pay out vacation upon termination than they do not have to ...
terminating/refusing medical emergency help7/6/2009
  Q: ok so i started my job in January of 09! i informed them as soon as i started i have anxiety and i ...
  A: I am suprised that you could not find an attorney that would give you a free consultation as there ...
Write up notification?7/6/2009
  Q: My current place of work does not notify a person if they have been written up. This, of course, ...
  A: The employee should be told if he is being written up. A warning whether verbal or written should ...
Not being paid in a timely manner.7/5/2009
  Q: I have worked for a restaurant for 5 years. I am a college student and live on my own with no help ...
  A: This is not legal for your boss to do. You must be paid in a timely manner. The company should set ...
Is a forced demotion and pay cut discrimination?7/5/2009
  Q: My employer informed me last week that my job title was being changed and my salary reduced by 23%. ...
  A: This could be considered age discrimination unless the company can prove it was for performance ...
Wages in restaurants & tip pool7/4/2009
  Q: I have a couple of questions for you. First of all, I work in a restaurant and "open" in the morning ...
  A: If you work and recieve tips your employer is allowed to pay you the 2.13 per hour. It does not ...
termination with no notice7/4/2009
  Q: I was picked up for OUI charge 45 days ago. I continued to work for a sandwich shop. My boss put ...
  A: He can only give the truth in a reference. If he tells anything that is not the truth than he can be ...
Law about receiving check on day of lay-off?7/3/2009
  Q: Friend, good work ethics,not notified, laid off when reported for work one day. Two men walked him ...
  A: There are no laws broken here, but he should be paid in the time frame that is listed in the rules ...
MY CHECK IS COMING SHORT!7/2/2009
  Q: LAST PAYCHECK MY CHECK WAS SHORT 4HRS. AND I TOLD MY OFFICE MANAGER AND HE SAID THAT HE WAS SORRY ...
  A: You need to talk to your HR or Payroll representative and find out why your check is short 4 hours. ...
employment termination for medical condition (hepC) in food industry7/2/2009
  Q: I work for Larimer County Community Corrections in Colorado. We have a client that is working for ...
  A: The company may ask for medical certification for fitness to work if the employee has been ill more ...
FMLA question7/2/2009
  Q: our organization consists of multi companies, for which there are multi payrolls. Combined we have ...
  A: FMLA applies to all public agencies, including state, local and federal employers, local education ...
Direct Deposit7/2/2009
  Q: Can an employer in the state of california charge the employee for direct deposit?
  A: The employee must authorize the direct deposit and must be allowed to choose the financial ...
Employer changed from salary to hourly without notice/does not pay on time7/2/2009
  Q: I work for a landscaping company in Michigan and when I was hired, I was told I was a salaried ...
  A: First of all the job should have been an hourly job. Even if you get a salary that does not mean you ...
Saturday work7/1/2009
  Q: I work in a warehouse in California and the manager scheduled us to work 4 hours this past ...
  A: Usually you would be compensated for 1/2 of the scheduled hours for that day. You were scheduled for ...
Vacation Pay out after termination7/1/2009
  Q: I have recently been let go from my job in Wisconsin. I had 131 hours of unused vacation time. I ...
  A: Yes they can if their handbook says you must be there a year in order to be paid out vacation pay. ...
NY Law governing paid / unpaid internships7/1/2009
  Q: Where can I find a downloadable copy of the NY law governing paid/unpaid interns? Also, Both the ...
  A: I think that the links below will help you out. There is not a specific law on the books that ...
Holiday pay7/1/2009
  Q: I work Mon-Thurs at my company and am considered a full time employee. Our employment manual states ...
  A: The labor laws do not cover vacation time. This is considered a fringe benefit that is given to you ...
work week vs pay period7/1/2009
  Q: I'm employed in California My employer States that the work week is Tues thru Mon..However we work ...
  A: The workweek can start with any day the employer wishes to start it. it is up to the employer on ...
Can my employer clock me out?6/30/2009
  Q: I work for a small franchise, about 11 people, and when we close up shop, my manager on duty picks a ...
  A: This is not acceptable. You should be clocking in and clocking out. The managers can adjust time but ...
Late Pay due to Vacation6/30/2009
  Q: :) I work in MA at an Internet Publishing Company, and the company is only open Monday-Friday. When ...
  A: Massachusetts is a little different than most states. Most states say that the employer must choose ...
FMLA6/30/2009
  Q: I have a question regarding FMLA, when my baby is born I will be about 30-45 days shy of my one year ...
  A: To be eligible for FMLA benefits, an employee must: • work for a covered employer; • have worked for ...
calculation of unused vacation time6/30/2009
  Q: Company policy is to pay unused vacation time at time of termination. How is that caculated? Annual ...
  A: If the employee is hourly it is 8 hours times the hourly rate times the days due. ...
breaks and lunches6/30/2009
  Q: As with many, my employer is cutting back hours. I am scheduled for a 5hr 45min workday rather than ...
  A: If you work 6 hours than you are paid for 6 hours. If lunch breaks are worked and not taken they ...
Part-Time/Full-Time6/29/2009
  Q: I have been working for my employer since August 2008. I was hired in at part-time with the ...
  A: If you are working full time you should be classified as full time and have all the benefits of a ...
Overtime & Making up holidays6/29/2009
  Q: I am an exempt employee (CPA) and my office recently asked us to work a mandatory 45 hour work week ...
  A: Salaried exempt do not work hours. They are paid a salary which is always the same to do a job. The ...
returning from FMLA i am expected to wrk at a diff loc 30 min further.able to collect if i resign ?6/27/2009
  Q: have been on FMLA for5 mnths due to high risk pregnancy with twins,so the 12 wk time they have to ...
  A: If you have exhausted FMLA the company no longer is required to hold your job for you. They may ...
short pay6/27/2009
  Q: i work for kfc gb, i am a duty manager, for a few weeks now me and the 3 other duty managers at our ...
  A: You can contact ACAS at Acas helpline: 08457 47 47 47. They will help you decide the best way to ...
ON CALL RATE6/26/2009
  Q: Here goes i work as project manger for a company who provide supported living for people with ...
  A: Your pay will not change, but the hotel should be paid for and you should be given an allowance for ...
Withholding the first paycheck?6/26/2009
  Q: My husband has just started with a new construction company after being laid-off for nine months. ...
  A: You contact the department of labor if he is not paid for all the wages. They cannot withhold pay ...
distribution of paycheck stubs6/26/2009
  Q: Is it illegal for a company to only distribute payroll stubs online? Does an individual employee ...
  A: It is legal to do this if every employee has a computer and a printer they can use to print it off, ...
salary6/26/2009
  Q: my question is i am on salary at this time and my supervisor is upset that i am going back to ...
  A: Any employer at any time can make any employee hourly. It does not matter what job you do the ...
time waiting...do we pay?6/25/2009
  Q: i work for a telemarketing company. there are days when an employee will be pulled off the phones ...
  A: If they are asked to wait than they should get paid for waiting. If it is their option to leave and ...
Salaried employee must make up time6/25/2009
  Q: I work for a company in Texas. I am a salaried advertising assistant. My company does not provide ...
  A: If you are salaried exempt this is not legal. If you are exempt from overtime and are not paid ...
holiday pay6/25/2009
  Q: I get paid holidays at my job and i will be working 40 hours next week and there is a holiday on ...
  A: Some companies give an alternative day off if the holiday falls on a non work day and some do not. ...
Can my employer withhold paychecks?6/25/2009
  Q: I live in FL and the laws here are not very helpful! I put in my two weeks notice one week ago ...
  A: They cannot legally hold your paycheck. The federal government FLSA says you must be paid for all ...
Mandatory Hours for Salary Exempt Employees6/24/2009
  Q: Can an employer mandate how many hours per day and week a salary exempt employee has to work in ...
  A: An employer can ask a salaried exempt employee to work as many hours as it takes to get the job ...
salaried employees clock in/ out6/24/2009
  Q: I saw a similar question asked to you, but I am still confused. Where I work (public Texas school) ...
  A: The company may ask employees to clock in and out, it is not illegal for them to do so. Doesn't ...
Comp Time and Mandatory Vacation6/24/2009
  Q: I am being laid off of my job and requested a print out of my hours. I am a salaried employee who ...
  A: Unless you are a public or governmental employee it is illegal to save overtime. Comp time is not ...
direct deposite error6/23/2009
  Q: If an employer makes a direct deposit mistake into an ex employees account(in benefit of the ex ...
  A: There is no law that protects someone from being overpaid. If you were overpaid you should have ...
Uncashed payroll check deadlines6/23/2009
  Q: How long does an employer need to wait before they can void a payroll if it is not cashed by the ...
  A: Each state has it's own ESCHEAT laws. After the period of time listed by that state the payroll ...
hours and salaries persons6/22/2009
  Q: I know most of the time salaried persons work more than 40 hours per week, however I know of a ...
  A: Salaried employees are paid by the job and not by the hour. It really doesn't matter as long as the ...
time clocks.6/22/2009
  Q: I have punched a time clock at most of the jobs I have held in my life, so I am confused as to the ...
  A: She can have the timeclock people set the clock to round to the nearest 15 minutes if she cannot do ...
Harassment6/22/2009
  Q: A direct report came to me to complain that our manager said unwanted/unprofessional things to her ...
  A: I hope you have documentation. This is not your responsibility, it is the responsibility of Human ...
manager's meals6/22/2009
  Q: As a manager who is paid hourly, is it legal to force me to take an unpaid half-hour lunch when I am ...
  A: If you clock back in than you are paid for the time. Yes it is okay to expect that of a manager, ...
deducting meals from wages6/22/2009
  Q: Is it legal to deduct a half-hour meal period from employee's wages when they have not taken the ...
  A: It is not alright just to deduct the meal period if it is not taken than the time should be paid to ...
Change in pay structure6/21/2009
  Q: I have been working for a service company for over 3 yrs making a commission based wage and only ...
  A: The employer may change your payment method as long as you are earning at least minimum wage and ...
annual increase6/20/2009
  Q: I work on a contract that gives my company a 5% increase each year but I signed an employment ...
  A: If you signed a contract for a 3.5% increase that is all that they are required to give you under ...
Time cards6/19/2009
  Q: As a truck driver (tractor-trailer) we are constantly being threatened by our supervisor ...
  A: Timesheets are not to be tampered with they are legal documents. The logs are legal documents and ...
incorrect paycheck6/18/2009
  Q: How long does a private company in Illinois have to make good on a pay check that is short hours. I ...
  A: Many companies add the incorrect amount to the next regular payroll check. You need to call your ...
Return to work - Medical Leave6/18/2009
  Q: I am salary-exempt employee returning to work part-time after being on medical leave. My HR manager ...
  A: Yes, as long as you are on part time because of the medical condition they may deduct FMLA hours ...
distribution of paychecks6/18/2009
  Q: I was under the impression that paychecks MUST be distributed in an envelope. Is that true?
  A: There is no specific law that says paychecks must be distributed in an envelope. Most companies do ...
wages for kitchen staff6/18/2009
  Q: I work at a pizza shop that has five tables in it. Although we do get paid min wage the owners keep ...
  A: You must be paid at least minimum wages. If you make tips than you can be paid a lower wage but if ...
Cashier shortages in Georgia6/17/2009
  Q: My wife works at a fast food chain. The managers do not let her count her drawer to begin the day. ...
  A: Unless the employee counts the money before the till is started and after it is finished for the ...
need advice6/17/2009
  Q: i have recently quit a job and the owner of the business has been withholding my check and or checks ...
  A: You have a couple of options. You can file a claim with your local Department of Labor and wait for ...
vacation pay6/17/2009
  Q: I live in the state of PA. I recently quit my job and would like to know if there is any kind of ...
  A: There is no Pennsylvania labor law which requires an employer to pay an employee not to work. ...
terminating an employee on med leave6/16/2009
  Q: Pete is on medical leave (work comp) for 8 weeks. We replaced him temporarily with Rich. Rich does ...
  A: You would be better off not to do this at least not until he returns from leave. It could be viewed ...
Late change to workweek schedule6/16/2009
  Q: Our company is in CALIFORNIA and the workweek starts on Saturday. Hourly employees worked on ...
  A: California labor law says overtime is anything more than 8 hours in one day. If you worked more than ...
Employer altering hours worked records6/15/2009
  Q: My employer is altering the hours I work in the computer record system. Is this an employer ...
  A: The employer is allowed to round time on timesheets to the nearest 10 or the nearest 15 minutes ...
final paycheck, Georgia6/12/2009
  Q: I resigned from my company about 2 weeks ago. Regular direct deposit was supposed to be today. ...
  A: Often employers and workers disagree over final amounts due. The Fair Labor Standards Act requires ...
TIME CLOCK REQUIRED BY LAW?6/12/2009
  Q: I WORK IN A MEDICAL OFFICE WITH A TOTAL OF 5 EMPLOYEES INCLUDING THE DR. WE DO NOT HAVE A TIME ...
  A: A time clock is not required, but timesheets are. The office you work at should be keeping weekly ...
Last Paycheck6/12/2009
  Q: My husband quit his job because they cut his pay in half. It has been 4 weeks and they still have ...
  A: He should have received his final pay check at least by the next regular payperiod if not before. He ...
Salaried employee work day/week6/12/2009
  Q: If I understand correctly a salaried employee should get the same salary if they work 80 or 30 ...
  A: Salaried exempt employees are not paid by the hour thus it does not matter how many hours are ...
Uniform deductions in TX6/12/2009
  Q: Is it legal for a Texas employer to force an employee to pay ½ the cost of a uniform that only ...
  A: Deductions should not be made without authorization from the employee: Sec. 61.018. DEDUCTION FROM ...
breaks n lunch for 8 hour shift6/11/2009
  Q: what are the pa laws on how many breaks you get during an 8 hour shift ?
  A: Breaks are not required to be given under PA law if you are 18 or over. If you are given a break ...
HELD PAYROLL CHECK?6/11/2009
  Q: I HAD AN ADVANCE WITH MY COMPANY. THAT I WAS PAYING BACK. I GOT TERMINATED. THEY DECIDED TO HAVE ALL ...
  A: You have two options. You can put in a claim with the Department of Labor , wait for the ...
Delayed Hourly Pay6/10/2009
  Q: I work for a large nationwide company. I am hourly and we get paid every other Friday. We were ...
  A: It is not legal if it happens all the time. I think if it is a one time systems error and if they ...
Offered payout to leave my job!!6/10/2009
  Q: I worked in a large private company until today. I had a really bad attendance record due to ...
  A: It is unfortunate that you were unhappy with your Manager and that you unfortunately had attendence ...
payroll dates falling on holidays6/10/2009
  Q: What is the Federal ruling on paydates that fall on a holiday (ex. 1/1/09). Are we required to date ...
  A: There is not a federal ruling that regulates this. All the law says is that the employee must be ...
Holiday pay6/10/2009
  Q: I have an employee handbook that states I get paid for 7 1/2 holidays per year, with each holiday ...
  A: If the company policy states that you are paid for 7 1/2 holidays per year than you should be paid ...
Unknowingly terminated6/10/2009
  Q: I was laid off from a seasonal resort on April 8, 2009 in CA. Like many others that were laid off, ...
  A: This is very unfortunate that they are being vindictive against their employees. You can report it ...
Holiday pay6/10/2009
  Q: A friend in TN recently got fired from his job of over a year for tardiness, he had an agreement ...
  A: Vacation time in the state of Tennessee is not regulated by law and is not required to be paid upon ...
pay check6/10/2009
  Q: My boss recently changed the office policy regarding pay checks. We now receive our checks 3-5 ...
  A: You should have a set day for payday and your check should be recieved each payday on the same day. ...
Base Pay for Hourly Employees6/9/2009
  Q: Is there a standard for using a base pay system to pay hourly employees. My company was using a ...
  A: This is the exact formula that we use and that everyone I know uses also. We pay our salaried ...
Possible discrimination, privacy issues?6/9/2009
  Q: I apologize for the length of this question, but I have multiple issues I would like addressed. I ...
  A: My suggestion to you would be if you cannot talk to HR than the only other place to go is to the ...
Firing6/9/2009
  Q: Can you be fired from a job because you did not report an injury that occurred on the job when you ...
  A: They can deny you unemployment benefits for this incident if they judge that it was what caused you ...
laid off and won't pay my vacation time6/8/2009
  Q: They came to me and stated they were out of money and would not need my services anymore (one day ...
  A: It depends on which state you work in and the policy of the company. Have they paid out vacation ...
Compulsory Direct Deposit - CO6/8/2009
  Q: Can a company make direct deposit for payroll mandatory in Colorado?
  A: Colorado- From Colorado Division of Labor http://www.coworkforce.com/lab/AB.pdf Colorado employers ...
Workplace rights6/8/2009
  Q: In a 12 hour shift am Ilegally alowed any breaks during my shift alalowed. I a lunch
  A: Most jurisdictions in Canada (British Columbia, Manitoba, New Brunswick, the Northwest Territories, ...
Vacation accrual maximum reduced from 2x to 1.5x6/6/2009
  Q: I have a question regarding my company's change in vacation accrual policy in an attempt to reduce ...
  A: U.S. Federal law does not regulate vacation time. It is considered a fringe benefit given to you by ...
Continuing Education required but not being paid to attend6/6/2009
  Q: My employer has been required by the FDA and ACR (American College of Radiology) to provide 8 hours ...
  A: If you are paid by the hour and you are required to take a seminar than you must be paid your wages ...
Verbal warning6/5/2009
  Q: I was given a written warning about tardy's today. The form stated that I was given a Verbal warning ...
  A: Verbal warnings are first or second warnings and are all verbal which is why they are called verbal ...
severance6/5/2009
  Q: I have been on disability for 2 yrs now due to surgery on my elbow. It wasn't a work related injury. ...
  A: You would not be better off getting a lawyer because you have not been treated unfairly. Your were ...
doctors note6/5/2009
  Q: we were recently informed that we will get written up for calling in sick and we need a doctors note ...
  A: It is whatever is written in your employee handbook. I have 5 days written in my employee handbook ...
Firing6/5/2009
  Q: Can you be fired from a job because you did not report an injury that occurred on the job when you ...
  A: You can be fired for this because you have broken company policy. I am sure your company has a ...
vacation days or unemployment benefits6/4/2009
  Q: My company policy is as follows: They will shut down the for one week and we the employees must use ...
  A: If the plant is shut down for a week you can file for unemployement benefits, but there is a waiting ...
Terminated w/ Resignation Letter6/4/2009
  Q: I was recently terminated from a job in Colorado. This was the first time I had ever been terminated ...
  A: If you quit you cannot draw unemployment. If you are terminated you can if you are not terminated ...
exempt employees and time cards6/4/2009
  Q: In CA, are exempt employees required to turn in time cards? My employer is requiring we turn in a ...
  A: There is no law against the company requiring salaried employees to fill out time sheets. It is ...
Mandortory Vacation time6/4/2009
  Q: As an employer, we offer 2,3,4 and 5 weeks vacation. My question is (1) employees that have 3 or ...
  A: There is not a mandatory vacation law. Vacation is considered a fringe benefit of the company. It is ...
vacation pay & last week worked6/4/2009
  Q: South Carolina- My girlfriend quit her job on Friday after being out sick for tue(Mon was a holiday) ...
  A: Some states require the payout of sick and vacation time SC is not one of them. You can sue in ...
Required overtime pay for salaried position6/3/2009
  Q: MY husband is considered a salaried employee by his company and is paid for 44.5 worked per week. ...
  A: Salaried exempt employees are not paid by the hour but by the job. There is no limit to the amount ...
health insurance deductions6/3/2009
  Q: I am paid bi-weekly and received three paychecks in May. Payroll deducted health insurance premiums ...
  A: It depends on how they have their payroll set up. I divide the annual payroll deduction for ...
Direct Deposit Laws6/3/2009
  Q: I was wondering if there has been a new federal law recently passed regarding how quickly direct ...
  A: I don't know about any federal laws that state this. The banking industry requires a certain amount ...
Unused Time/No Company Policy (MI)6/3/2009
  Q: I am a former employee for a Michigan company. When I started work my employer told me it does not ...
  A: Vacation and Sick time are left up to the employer. It is between the employer and the employee. It ...
Vacation Pay for employees not working...6/3/2009
  Q: Can an employee insist on getting paid for holidays they are not scheduled to work? The company is ...
  A: Legally you do not have to pay for holidays. The FLSA rules do not cover holidays, this is by ...
time and a half6/2/2009
  Q: If your employer pays you every two weeks, does anything you work over 40 hours in the first week ...
  A: Each week stands alone. You should be paid overtime on all hours over 40 hours in any one week. No ...
Alteration of time records by supervisor6/1/2009
  Q: I have a friend that is a hourly employee (teacher) for a private school. She is contracted to work ...
  A: The problem is that the employee should have been told that this is not permissible. The school is ...
Paying out unused Personal Holidays6/1/2009
  Q: Are there any federal regulations that require us to pay out unused personal holidays to employees ...
  A: I am not sure what you are referring to when you state a Sovereign nation which emulates federal ...
salary clock-in, clock-out on call 7 days a week6/1/2009
  Q: i am a network administrator for a large auto dealership. i am on call seven days a week. i will ...
  A: It is not illegal for the company to require salaried employees to clock in and out. It is legal and ...
Un-employment benefits and consulting after lay-off6/1/2009
  Q: I was recently laid-off. As part of the severance package, I was given a two-month consulting ...
  A: Each week when you report in your unemployment wages you will list all the amounts earned for that ...
Payroll problems5/31/2009
  Q: I've worked for this company for nearly six months and there has not been any problem with me ...
  A: It is legal for your boss to mail out checks in the mail as long as they are postmarked on payday. ...
Denied a job in Tennessee due to having Rheumatoid Arthritis.5/31/2009
  Q: I went to a job interview for a welding position (which I have done for years) a couple of months ...
  A: This is highly illegal. You have been discriminated against under the American Disabilities Act. You ...
fmla5/31/2009
  Q: I was on an approved fmla leave when I received a phone call from my managers. They called to see ...
  A: It is not a violation to call you or to have you come in if you are able to discuss plans for your ...
Payroll shortage5/29/2009
  Q: I was terminated and they shorted me a day's pay. They say that I forgot to punch out but I had ...
  A: You need to have the supervisor that brought you back send in your hours to payroll so they can pay ...
temporary shutdown5/29/2009
  Q: We are closing our manufacturing plant for 2 weeks some people are using vacation some are not. Can ...
  A: There is a waiting week for Unemployment during which no work can be performed or no vacation pay ...
Job Offer5/29/2009
  Q: The president of a Pa university that I had previously worked called me to offer a position (Dir of ...
  A: You do not have anything in writing stating that you have been given the position, and you have ...
lunch break5/29/2009
  Q: I was asked to sign a paper that stated I put a patient in danger, because I didn't help the patient ...
  A: If a patient was indeed in danger because you did not help on your lunch break and you have a policy ...
re: salaried employees5/28/2009
  Q: I was just released last week by Ritz Camera, which has liquidated 50% of their stores nationwide. ...
  A: Yes this is legal. Vacation time is accrued time and if the policy sets it as such it is usually ...
Executive payroll deductions5/28/2009
  Q: My husband was a SVP with a company in Florida at the time of his death in June, 2008. In January ...
  A: If it was deducted that somewhere it was authorized. I can almost guarantee that. In some ...
sick pay5/28/2009
  Q: My employer of 4 years gives each employee 40hrs of sick pay the first of every year. He now has ...
  A: It depends on in which state you are and what the company policy says about accrued time. Most ...
Federal and State Withholding5/28/2009
  Q: I have just learned that my employer has failed to pay the money withheld from my paychecks to both ...
  A: There is a law called the "Whistleblower Law" that protects you from being fired for reporting such ...
Federal and State Withholding5/28/2009
  Q: I have just learned that my employer has failed to pay the money withheld from my paychecks to both ...
  A: The first thing you need to do is contact the California State Department of Labor. You also need ...
Employment Law5/28/2009
  Q: If someone works on a construction site (highway) and the crew does something wrong unknowingly, can ...
  A: He can be suspended and if you are in a right to work state he can be fired without a reason. If I ...
Breaks for Salaried employees5/28/2009
  Q: I am a salaried manager in casual dining. Our company is going non-smoking, including on their ...
  A: Salaried employees are not paid by the hour. If they work part of a day they must be paid for the ...
Raise take away/Retaliation?5/28/2009
  Q: My Employer gave some of the people some of the people I work with a raise. I told my co-worker that ...
  A: It is not illegal for you to discuss your salary, federal laws prohibit companies from retaliating ...
Fired in Texas5/27/2009
  Q: I was fired in May from a marketing agency for having 3 errors over a 1 year period. The errors ...
  A: Texas does not require vacation and holiday pay to be paid. They require the employers to set policy ...
FT to Part Time5/27/2009
  Q: Can an employer force a shift to part-time? If the part time position is refused is this considered ...
  A: The employer can put all or part of a shift on part time. If there is a drastic change in your hours ...
Bully manager5/27/2009
  Q: McAllister, My name is Peter Driedger. My Position is Sanitation Manager and I have a hard time ...
  A: Document all the times and have your employees report it and document that. Schedule a meeting with ...
Why5/27/2009
  Q: Why is the U.S. Department of labor letting employers violate federal law? Federal laws, regulations ...
  A: Federal law does not prohibit tip pooling and many states have laws providing for tip pooling. The ...
Executive payroll deductions5/27/2009
  Q: My husband was a SVP with a company in Florida at the time of his death in June, 2008. In January ...
  A: Many companies charge the employee for coverage over 50,000 because if they pay it than they have to ...
Withholding/Delaying Pay5/27/2009
  Q: My employer wants to institute a new policy where our pay is withheld and delivered the number of ...
  A: This is not legal. The employer is supposed to set paydays for the company and all the employees are ...
re: salaried employees5/27/2009
  Q: I was just released last week by Ritz Camera, which has liquidated 50% of their stores nationwide. ...
  A: If you are salaried and work any part of a day than you must be paid for the entire day. I do not ...
Holding pay after Termination5/27/2009
  Q: I was terminated from a bus company in MD. The problem is....the boss gave me an advance in pay ...
  A: This is not legal, he cannot keep your final checks. He can only take out the 20.00 out of each ...
Employer missed payroll5/26/2009
  Q: I work for a small company, 40 employees, and my boss did not pay us last week. I have asked for a ...
  A: You can file for unemployment because you cannot be expected to work without pay. For the pay owed ...
Schedule vs actual work5/25/2009
  Q: My son is working for a retail food chain. He shows up at his scheduled time. Most days his ...
  A: It is not legal. If he is asked to be to work by a certain time than he should either be allowed to ...
Holding a paycheck5/24/2009
  Q: I live in MD. An employer I know receives the pay checks on Fridays but refuses to give them to his ...
  A: If he hands them out on Monday every week than that makes Monday the payday and yes he can establish ...
clocking in and out5/24/2009
  Q: I am having an issue where i am not getting paid for hours worked. I have spoken to my boss about it ...
  A: The supervisor needs to call payroll and tell them that due to a systems error your timesheet is ...
vacation accured to be paid after i quit5/23/2009
  Q: I quit my job. I had 1 week accrued that I did not use, I worked for the company for 1 year and 8 ...
  A: Q: Does an employer have to offer its employees vacation pay? If so, what are the guidelines? A: ...
Unused vacation Pay5/22/2009
  Q: I was recently laid off from my job and was given severance pay as well as unused vacation pay. I ...
  A: Your vacation pay was a supplemental payment. It is taxed on the supplemental wages which is almost ...
holding paycheacks5/22/2009
  Q: is it leagl to hold an emplotees paycheack after quiting off getting fired in the state of navada
  A: Here is the statutes for the state of Nevada: ...
PTO pay out5/22/2009
  Q: I resigned from a hospital here in Phoenix, and they have not paid me my PTO (ETO) in our case. I ...
  A: In Arizona PTO does not have to be paid out. It is up to the policy of the employer. If the ...
holiday pay5/21/2009
  Q: What is the law requarding the hourly pay when required to work on a company paid holiday? And what ...
  A: Hourly employees only have to be paid for the time they are actually working. They do not have to be ...
Payroll check privacy5/20/2009
  Q: Is it legal in the state of Illinois to print the full social security number of the employee on the ...
  A: I know of no laws in Illinois that would make this illegal. I know that it is in discussion in many ...
Paid Breaks5/20/2009
  Q: While working in retail in New Jersey, I worked 9 hours with no break, although our labor management ...
  A: It very well could fall under a whistle blower law. You would need to call the Department of Labor ...
Salary Reduction5/20/2009
  Q: I was hired as a sales manager and been on the job 9 months and now my employer wants to demote me ...
  A: No actually President Obama passed a new law called the Lilly Ledbetter law. It is not legal to pay ...
outstanding work/withholding pay5/20/2009
  Q: Can we hold a paycheck (In Ohio) where the terminated employee has not completed her notes ...
  A: You cannot withhold a paycheck. It is illegal to withhold an employee's payroll check. I would ...
Direct Depsosit -Required in WA state5/20/2009
  Q: When I started I initially elected getting direct deposit and about 6 months in then I changed my ...
  A: In the state of Washington an employer may choose to require direct deposit as the method of payment ...
FMLA pro-rated pay for Exempt employees5/20/2009
  Q: I work in NC and am on intermittent FMLA. I was recently informed by my supervisor that from now on, ...
  A: FMLA (Family Medical Leave Act ) is unpaid time. The company does not have to pay for time taken off ...
My mom was fired and was given an ignorant reason5/20/2009
  Q: My mom was fired from her job because according to the manager and supervisor she was "conflicting". ...
  A: Your mother should call the Department of Labor and talk to them. They may allow her to draw ...
holding pay checks5/19/2009
  Q: can we hold employee's pay check's if they do not turn in all of the required paper work that we ...
  A: No you cannot hold pay checks. It is illegal to withhold the payroll checks of an employee. You ...
Paystub disclosure of earned/used time per policy5/19/2009
  Q: Kansas - Must my employer disclose my earned/used sick days, personal days and vacation days on my ...
  A: The law does not require it to be on the pay stubs. I would keep my own spreadsheet with my days ...
unpaid time off5/19/2009
  Q: I live in chicagi ill and work as a salary employee. we recently were forced to take all of our ...
  A: That is not true and if he forces you to do that than you can file a claim for unpaid wages with the ...
serverence pay5/19/2009
  Q: my husband was injured on the job and is on workers comp. His boss has told him that he is being ...
  A: I thought that you were either in the UK or from the UK. We do not use the term Redundant in the ...
Rental of Security Guard Uniforms5/19/2009
  Q: I own a security guard company. The NJ labor Board says that the uniforms I am renting to my ...
  A: Kent, I actually do have help for you. You buy the uniforms, you do not rent them to the employees. ...
unemployment benefits denied5/18/2009
  Q: My husband was terminated without any previous reprimands or notices for posting a personal file to ...
  A: He was dismissed for misconduct for posting the personal file on the computer. I do not think an ...
delayed pay5/18/2009
  Q: My brother works for a small firm. The boss/owner is very seldom there. The employees used to see ...
  A: http://www.texasworkforce.org/twcinfo/contactus.html All the contact information is at the above ...
Nursing on call supervisor5/18/2009
  Q: Decision by nursing administration to have nurse managers be "on call" for weekends Cell phone ...
  A: You should be paid for any time that you respond to an on call phone call. Not for the time you are ...
work without pay5/18/2009
  Q: I work for a Comfort Inn located in MI. Those of us who work the front desk are required to make ...
  A: From the Michigan Department of labor. Does my employer have to pay me for training time? Agency: ...
not getting paid after i quit5/15/2009
  Q: I quit my job about 2 weeks ago. It is a small family owned business and the guys daughter runs the ...
  A: You should be paid at least by the next payday. If you are paid monday you will be paid before you ...
wrong harassment5/15/2009
  Q: McAllister, Where can I get A lawyer for a wrongly accused of harassment and what to do in case ...
  A: Look in your local telephone book for an attorney. Find one which will give you one free ...
Pay cut notification5/14/2009
  Q: Monday the 11th our company, located in minnesota, implemented an accross the board pay cut to ...
  A: It definately is not right. I think that they should give notification before cutting pay and it ...
withholding paycheck5/14/2009
  Q: is it legal for employer in florida to withhold paycheck for employee's failure to clock out?
  A: It is not legal to withhold a paycheck for not clocking out. The state of Florida does not have a ...
Unfair suspension5/13/2009
  Q: An employee at my place of employment did something stupid and blatantly wrong. I was not involved ...
  A: It is only legal if they have suspended all those involved. They may suspend all parties in an ...
Salary employee5/13/2009
  Q: I am a salary employee, I have been working anywhere from 35, 40, 50, 55 or 60 hours per week for ...
  A: Salaried employees work by the job and not by the hour. The employer should not be watching the ...
Terminations5/13/2009
  Q: I have been terminated.5-3 I am concerned that I was not paid my final wages on time. The company is ...
  A: With regards to Vacation the company does have the right to say when it may or may not be taken as ...
Final pay check after termination5/13/2009
  Q: I was terminated 6 weeks ago from a sales job that paid a base salary plus commissions. The company ...
  A: You should have been paid any amounts due by your next regularly scheduled pay period. If you are ...
Layoff, recalled & back pay5/13/2009
  Q: I was laid off 3/5/09, I am a salaried(exempt)employee, bi-wkly paid with an annual salary. I was ...
  A: You need to contact your local Department of Labor and see if they can help you with this. I do not ...
Salary and required hours.5/13/2009
  Q: I am a salaried employee and want to know if their are laws governing what my employer can require ...
  A: There are no laws governing how many hours a salaried employee may be asked to work. Salaried ...
tuition reimbursement5/12/2009
  Q: If I work until August 30th, I won't have to repay my tuition reimbursement. If I give my two weeks ...
  A: I do not know of a graceful way of being fired. Usually the reasons I fire people are not ...
Salary5/12/2009
  Q: I was hired has a manager in a Missouri casino in Jan 09. I was told by my boss that the position ...
  A: They can pay you what you agree to as long as it is at least minimum wage. The laws do not cover ...
Write ups that do not seem Fair5/12/2009
  Q: This past Saturday i woke early in the morning to find the ceiling in my apt. was leaking a lot of ...
  A: I think it is unreasonable to expect you to work if your apartment is leaking and you need to move ...
tuition reimbursement5/12/2009
  Q: If I work until August 30th, I won't have to repay my tuition reimbursement. If I give my two weeks ...
  A: I think that I would stretch it out and give the two weeks notice on September 1 so you would have ...
Which state for OT laws5/12/2009
  Q: I work for a company that just changed my position from an Exempt position to Non-Exempt. I am a ...
  A: The company should follow the federal overtime laws since you are working in multiple states. ...
Time sheets5/11/2009
  Q: I worked for a company in California and I was hurt. I never got paid, yet I have a time sheet with ...
  A: The work comp claim should have been filed within a few hours of your accident. It is not legal for ...
Unlawfully terminated from my health insurance?5/11/2009
  Q: I worked May 1st, 2009 as my final day of employment for my old boss. My final paycheck was ...
  A: They either have to cover you under the insurance, of they have to give you cobra coverage for this ...
Unemployment Appeal Hearing,5/7/2009
  Q: I am in the terrible situation of having giving notice at my previous job due to my employers ...
  A: There are attorney's that will talk to you one consultation for free. If they feel you have a case ...
No pay stubs/accounting available5/7/2009
  Q: Several weeks ago, my husband was suspended without pay and then discharged. We received one partial ...
  A: You can put a claim for unpaid wages in for wages which have not been paid with the Texas workforce ...
Forgot to clock in and out5/7/2009
  Q: I am a R.N. in California and recently I forgot to clock in and out for my 12 hr shift. There is no ...
  A: This is not true. The employer is responsible to pay the employee even if he/she forgets to clock ...
Holiday Pay-Salaried Worker5/6/2009
  Q: I am under the impression that salary employees (exempt workers) ARE required to be paid for ...
  A: The FLSA does not require payment for time not worked, such as vacations, sick leave or holidays ...
Salaried Hours5/6/2009
  Q: I was originally hired as an exempt employee at 40+ hours per week (CA). Due to a chronic medical ...
  A: I can not see where any laws have been broken. You said that you reduced your pay and workweek to 32 ...
Final pay check timing for a school district5/6/2009
  Q: my wife received notice that her last day will be May 31, 2009, she works for a local school ...
  A: http://www.dir.ca.gov/dlse/FAQ_Paydays.htm I did not see anything at the above site on the ...
Exempt EEs / Holidays5/6/2009
  Q: We now have several people who are exempt working a part-time schedule or compressed work week. Do ...
  A: If you have in your handbook or policy that you will play a specific number of days holiday pay in ...
over time5/6/2009
  Q: I've worked with this company for 4 and a half years now i am leaving the job and moving out of ...
  A: If you are salaried exempt you cannot claim overtime. If you work as hourly and are paid by the ...
Being paid last in the office5/6/2009
  Q: I am writing because I work for Community Mental Health, a social service non-for profit agency. ...
  A: Contact your local Department of Labor. They are required to pay all their employees on pay day. ...
Minnesota-Hennepin County vacation pay5/6/2009
  Q: I was given a permanent lay-off as of 04/30/09 by Scherer Bros Lumber of Brooklyn Park,MN. I was an ...
  A: PTO and Vacation time are considered fringe benefits. Legally they do not have to pay it . They do ...
Return to Work5/5/2009
  Q: I broke my ankle at home due to a fainting spell on Dec 15 2008. I accidentally told my employer ...
  A: Not good to tell too much. You would have been better off sticking with the one fainting spell and ...
overpayed vacation5/5/2009
  Q: i work in california.my company did a audit of there payroll system and found they overplayed ...
  A: If they have overpayed vacation than they can deduct the amount overpayed from current vacation ...
getting paid on time.5/5/2009
  Q: I have a concern about my current employer. I work at a retail store and get paid by salary plus ...
  A: If you are not recieving your pay at all than you can file a claim with the labor department. Most ...
Vacation Pay for Salaried Employee5/5/2009
  Q: My husband is a chef in New Jersey and he is looking to get some time off. He has heard rumors from ...
  A: It is not a law that the company give vacation time. It would depend on the policy of the company. ...
vacation time5/5/2009
  Q: i have asked my employer for a weeks vacation, 24 hours paid vacation 16 hours unpaid. i have been ...
  A: The government does not regulate vacation time. Some states regulate it to a point that if it is ...
Printing Garnishments on Paycheck Stubs5/5/2009
  Q: The majority of our employees are from California. I remember a while ago there was some legal ...
  A: You are correct , we call it G1 or G2 for garnishment and s1 or s2 for child support. I do not ...
wage deductions5/4/2009
  Q: If an employee leaves our company and owes money for tuition or borrowed vacation time and does not ...
  A: In most states you are not allowed to deduct from their final paychecks for these reasons. It is not ...
number of hours worked while pregnant5/4/2009
  Q: Is there a limit to the number of hours your employer can make you work in a day or in a pay period? ...
  A: There is no limit on the amount of hours that the employer can ask you to work, however, if she is ...
COMMISSIONED WAGES5/4/2009
  Q: MY SON-IN-LAW WORKS FOR A WRECKER SERVICE. HE WORKS MONDAY THROUGH FRIDAY AT THE JOB SITE OFFICE BUT ...
  A: If he has to sit and wait for calls to come in and cannot go and do anything else like he would ...
Mileage reimbursement5/3/2009
  Q: My girlfriend was fired from her job as a funeral arranger and part of her duties included running ...
  A: It is a possibility if she cannot prove the mileage and the phone records. The court can get the ...
Illinois 20 minute meal break5/3/2009
  Q: I work as an hourly asst. manager in retail. The store is located in Illinois. We work alone on ...
  A: Illinois code says: An employee who is to work 7 1/2 continuous hours or more shall be provided an ...
taking money out of my pay5/3/2009
  Q: 5 weeks ago i was a supervisor at a donut shop, i was making 10 hour well after 5 weeks of getting ...
  A: They can change the pay from 10 to 8.5. They cannot take deductions from your check for the back ...
furlough for salaried employees5/2/2009
  Q: first off, we are in the state of colorado. My wife is a salaried manager at a catering company ...
  A: Randy, The law says the salaried employee must be paid their regular salary if they work any part ...
Salaried employees and sick time5/2/2009
  Q: I am an exempt employee at a company where it is not uncommon to work 50+ hour work weeks. Although ...
  A: If you are salaried exempt than you should be paid for the whole day if you work only part of the ...
10995/1/2009
  Q: I was hired on as what appeared to be a w2 employee at $52k/yr. The first month was to be a trial ...
  A: First the law says that you must be paid at least minimum wage, it does not cover any larger amounts ...
Cobra Program- I want help5/1/2009
  Q: I lost my job on May 31, 2007. I received a severance package for 31 weeks and I paid my insurance ...
  A: All workers who are involuntarily terminated between September 1, 2008 and December 31, 2009, with a ...
Salary5/1/2009
  Q: If I was hired on a salary basis and I also receive PTO can my pay be deducted if my PTO does not ...
  A: NO you cannot be docked for partial days at all. If you show up and work part of the day than you ...
lunch breaks5/1/2009
  Q: I am in the State on Tennessee, I am wondering if you are required to work 8 hours a day, what is ...
  A: In researching state laws on the topic of lunches and breaks, I learned that Tennessee is one of a ...
salary vs hourly5/1/2009
  Q: i am a unit manager in a nursing home. i supervise greater than 25 people. i was salaried and am now ...
  A: Anyone can be paid as hourly. There are restrictions as to who can be paid as salaried, but no ...
Scheduling.4/30/2009
  Q: Often times my manager doesn't post the schedule until the week of. Several times I have had to call ...
  A: Scheduling of hours is left up to the company, it is not regulated by law. It sounds like your ...
overtime law4/30/2009
  Q: We are paid bi weekly and the 2nd paycheck has our commission pay and our regular pay together. I ...
  A: I have not heard of any changes in the law concerning overtime. It is the same according to the ...
Breaks in an 8 hour shift4/30/2009
  Q: I Would like to know how many breaks are allowed in an 8 hour shift
  A: The federal government does not regulate breaks. This is state regulated and different states have ...
Vacation pay for temporary contractors4/29/2009
  Q: In Canada, if a contractor (temporary worker) is being payrolled through an agency, is it law that ...
  A: If the contractor (temp worker) is through an agency than he/she is the employee of the agency until ...
per diem4/27/2009
  Q: does a company have to pay per diem if they send you out of state to work.
  A: The company does not have to pay you a per diem. You can pay and then turn in the receipts for ...
Accrued unsued PTO taxing4/27/2009
  Q: I am currently working in CA and is resigning. I have about 350hrs of PTO. My employer is paying ...
  A: The company is not obligated to give a raise to anyone at any time. Raises are not regulated by the ...
Accrued unsued PTO taxing4/27/2009
  Q: I am currently working in CA and is resigning. I have about 350hrs of PTO. My employer is paying ...
  A: It depends on whether the employer adds it on the final payroll check and taxes it as one whole ...
earned vacation time4/26/2009
  Q: If I have earned vacation time and my employer, because of poor scheduling, does not want me to take ...
  A: Unfortunately in most states vacation is considered a fringe benefit and is controlled by the ...
Exempt Employees Punching In and Out4/25/2009
  Q: McAllister, I work in California for a private business. I am an exempt employee that puts in well ...
  A: Salaried Exempt employee are not eligible for overtime. They are not paid by the hour. They are paid ...
forced to pay for uniforms4/25/2009
  Q: i live in Michigan at a pizza store and they are now making us pay for part of the uniform. lots of ...
  A: Any deduction required by law (i.e. taxes, friend of the court payments) and union dues. All other ...
overtime pay4/25/2009
  Q: The company I work for has the seven minute rule for clocking in and out. In other words they pay ...
  A: It is illegal to change the timecard so that you do not get overtime. The law (FLSA) says you must ...
Final Paycheck4/24/2009
  Q: Due to enrollment shortages I was laid off and the school district, employer, is withholding my ...
  A: If they have paid you other checks they must pay you now. It does not cost anything to file for a ...
Bounced paychecks and held backpay4/24/2009
  Q: Shirley, I work at a small, family owned company (in Georgia) and have been here for 4 months. As ...
  A: http://www.dol.state.ga.us/ui_rules.htm ...
My boss is a jerk4/24/2009
  Q: I've worked for this small one owner company for 12 years and up until last year was on salary. I ...
  A: The law simply states that you must be paid at least the minimum wage for all hours worked and ...
couple of friends not paid for their work4/24/2009
  Q: I have a brother-in-law and a couple of friends of his that have been working for a privately owned ...
  A: This is not legal and it is not morally right. Unfortunately without alerting the authorities I ...
Unauthorized payroll deduction4/24/2009
  Q: My husband is a truck driver, he got stuck in some mudd and a tow truck was called to pull him out. ...
  A: It depends on company policy at the time that your husband was hired he should have been told about ...
Salaried employees4/24/2009
  Q: we have a restaurant and 2 of our cooks want to be on salary because they need to make a certain ...
  A: This is a non exempt job. It is not illegal to pay a certain salary each month to these employees, ...
application for employment4/24/2009
  Q: are applications for employment confidential or can an employer give a copy of your employment ...
  A: Unless it contains medical information covered under the HIPPA act than it is not confidential. ...
reduceing hours & unemployment4/23/2009
  Q: I am a full time hourly employee in Pennsylvania for three years. Who is being sent home and told we ...
  A: You can sign up for unemployment whenever your hours are cut. You do not have to be totally laid off ...
Handwritten time cards4/23/2009
  Q: Weekly we fill out a time card for our hours worked. At the bottom of the sheet is a place that we ...
  A: If a timecard is changed by a supervisor it should be authorized by the employee by the employee ...
changing a subordinates timesheet4/23/2009
  Q: One of the department supervisors in our company changed the timesheet of a subordinate without her ...
  A: Under the FLSA the timesheet is the official record and the legal document for the Department of ...
Not Getting Paid4/22/2009
  Q: My Employer Has Not Paid Out Weekly Pay Checks For The Last 5 Weeks, There Is About 70 Employees On ...
  A: I cannot believe that any employee works for 5 weeks without pay. That is remarkable to me. You ...
Unpaid wages4/22/2009
  Q: I was recently laid off due to lack of work. I was an exempt employee and in my contract the ...
  A: This sounds like a real mess. Is there still anyone in the office in your location? If there is you ...
Unpaid wages4/22/2009
  Q: I was recently laid off due to lack of work. I was an exempt employee and in my contract the ...
  A: If you received an electronic pay stub did you check to see if the check was electronically ...
Salary4/22/2009
  Q: If I was hired on a salary basis and I also receive PTO can my pay be deducted if my PTO does not ...
  A: Salaried employees must be paid for all the days they work and for partial days worked. They can be ...
overtime, sick pay consequences4/22/2009
  Q: i was off on fmla from Monday to Thursday i get paid bi-weekly and i came back on Friday the final ...
  A: Sick pay is not regulated by the Federal government. It is regulated in some states. In most of the ...
overtime4/22/2009
  Q: i was off on fmla from Monday to Thursday i get paid bi-weekly and i came back on Friday the final ...
  A: If your time starts on Saturday than you should be paid for 5 regular days and two days of overtime. ...
Advance recovery4/22/2009
  Q: I had asked the below queries to Thomas but since he does not have expertise on these matters I am ...
  A: If you said that you owe the advance and they corresponded that you did not not owe it than no it ...
health care benefits4/22/2009
  Q: I have a question regarding medical benefit deductions. I process payroll each pay period and ...
  A: Here is what the WAge and Hour division of the Department of Labor in West Virginia has to say. It ...
health care benefits4/22/2009
  Q: I have a question regarding medical benefit deductions. I process payroll each pay period and ...
  A: I do not know which state you are in, but I do not think this is legal to do. It is legal to hold ...
Advance recovery4/22/2009
  Q: I had asked the below queries to Thomas but since he does not have expertise on these matters I am ...
  A: Usually advances are recoverable by the company. This is a different situation since you have ...
pto wages4/21/2009
  Q: can a employer pay less then your hourly wage for pto ?
  A: It would depend on which state you are in. Some states have rules on PTO and some do not. In most ...
Time Clocks4/21/2009
  Q: What are the laws regarding changing punch in /punch out times on employee's time cards within our ...
  A: It is illegal to go in and change time card punches. You need to tell this employee and all ...
Changing Pay Periods4/21/2009
  Q: My company pays weekly, each Wednesday. They are going to change that, and pay half of the ...
  A: No problems with switching paydates as long as everyone is paid the correct wages for the weeks they ...
SSN verification4/21/2009
  Q: As an employer what is the law concerning social security card verification for employment? How do ...
  A: HR is not allowed to ask for the social security card for the I-9 form or for hiring. Payroll can ...
rounding time clocks4/21/2009
  Q: When I punch in at 8:01, it rounds up to 8:15. When I punch out at 5:14, it rounds down to 5:00. I ...
  A: You are being cheated out of time. Legally it should round the same on both ends. 8:01 should round ...
Holiday Pay4/21/2009
  Q: e are a non-profit. Our employee manual says 6 paid Holidays.Employees who normally work 12 shifts ...
  A: I have seen this done both ways. I pay 8 hours for holiday regardless. The 12 hours a day people ...
Unemployment Benefits4/20/2009
  Q: I was laid off in May 2007 as a Regular, Full Time employee where I was employed for 9 years ...
  A: You will probably not be able to draw from an employer that you worked for two years ago. I doubt ...
Withholding pay from CA employee's paycheck4/20/2009
  Q: If a current employee gives written consent to having money that is owed back to the company ...
  A: The website you need to visit is the FAQ section for Deductions from the Calfornia Department of ...
ferlough days4/20/2009
  Q: My employer has mandated that all employees take 5 furloughed days between 4/1 & 10/1, this year. A ...
  A: The law does not say you have to be paid on Holidays. They legally do not have to pay you for them. ...
payroll taxes4/20/2009
  Q: I work for a small business in Oklahoma. One of my coworkers recently noticed that there appeared to ...
  A: It does appear she is paying both her part and the employer's part of the Fica/Medicare taxes. She ...
final paycheck4/20/2009
  Q: I recently lost my job. I was awaiting my final paycheck not expecting my full salary since I didn't ...
  A: First lesson is use email or mail. Always get it in writing. Also when terminating immediately ...
IC vs. employee question4/20/2009
  Q: We are a management consulting firm and have a few FT consultants on staff but also hire, on an as ...
  A: First of all if they work less than the amount needed for benefits they would not be eligible for ...
Mandatory Meeting4/20/2009
  Q: I am a serve at a restaurant and I put in two weeks vacation time to go to training for the forestry ...
  A: Yes there is. What I would suggest is to talk to the Owner and let him know that you were on ...
Pay stub tax deduction narratives4/18/2009
  Q: Are employers legally required, in the state of TX, to give narrative explanation on a pay stub for ...
  A: The Texas Minimum Wage Act (Sec. 62.003) requires employers to provide an earnings statement to ...
Vacation Pay4/17/2009
  Q: I was working as a sales rep for McLeodUSA, a phone company, when PAETEC, another phone company ...
  A: There are only a few state that regulate vacation. One that does is California. I don't know which ...
Unpaid vacation4/17/2009
  Q: Shirley, The company I work for does not pay for vacation time. What are their rights regarding ...
  A: Vacation pay is not required by law. Because it is a fringe benefit given by the employer than the ...
Drive off out of payroll4/17/2009
  Q: I work for a company and there are two employees on shift at all times. A customer came in and was ...
  A: You can call and talk to your local Department of labor. They would have to look at any state rules ...
Late Payroll4/16/2009
  Q: What are the penalties to the employer for late payroll? If any? If an employee gets upset for not ...
  A: You do have a right to expect to be paid on payday. Sometimes there are reasons a payroll might be ...
florida4/16/2009
  Q: can you please send me more specific information regarding floridas laws for cash register ...
  A: You are having trouble finding them because Florida does not have a Florida Department of Labor ...
time clock4/16/2009
  Q: my employer is threatening if we don't remember to clock in or out we will not be paid at all. I ...
  A: It is not legal. The Department of labor says that you must be paid even if you forget to clock in ...
schedualing laws4/16/2009
  Q: if i am called in for work and i punch in , they only needed me 15 min. should i get more pay than ...
  A: South Carolina does not have a call back rule. Some states have a two hour call back rule where if ...
Employee expense, order of deduction4/16/2009
  Q: I can't seem to find the info I'm looking for. My question is, what order are deductions taken from ...
  A: I think this is an odd way to calculate wages. Most employees are on a standard hourly wage. This ...
Final paycheck claim4/16/2009
  Q: I'm in Houston, TX. my husband quit his job, one of the reasons was because lately he was getting ...
  A: He cannot do this legally. Yes, you can put in a wage claim for unpaid wages for the remainder of ...
Forced Vacation Pay and Negative Forced Vacation Pay4/16/2009
  Q: The company I work for located in Illinois, is going to close every Friday in May in order to bring ...
  A: The company can tell you when you may use vacation pay as it is a fringe benefit given to you by the ...
Employee time4/15/2009
  Q: Assuming that an employer has a "point" system for attendance; are employees that exceed the points ...
  A: Not coming to work on time or missing too much work is most generally considered a willful ...
termiantion and final check4/15/2009
  Q: Is Los Angeles County exempt from this law? I am wondering if they are based on the following ...
  A: In a Union contract since it is a contractual agreement the rules are what are written in the ...
Missed time card punches4/15/2009
  Q: I am a non-exempt employee working for an employer located in Arkansas. Non-exempt employees are ...
  A: The company must still pay the employee if they forget to punch in or out. If they forget to punch ...
Lunch Breaks4/15/2009
  Q: I work at a hotel overnight, and I am the only employee on duty.I have been told I must clock out ...
  A: You do not have to be able to leave to get lunch. If you have 30 minutes to eat lunch and are ...
PTO and getting it paid out.4/14/2009
  Q: I recently quit working at a job where I had accrued PTO for vacation/sick leave. I also accrued ...
  A: State of Ohio does not require that PTO or vacation time be paid out. You can only collect it if ...
Withholding wages as coercion4/14/2009
  Q: I am a pilot for a single-owner corporation, compensated by a base salary plus performance bonus for ...
  A: You do have a right to file a complaint with HR. You have a right to complain to the Department of ...
lay-off/buy out no vacation pay4/14/2009
  Q: My company which was owned by another in the same state, was going to close our company's doors. ...
  A: An Ohio employer is not required by law to give its employees any vacation, holiday or other paid ...
Vacation Caps4/13/2009
  Q: Is it legal for an employer to force an employee to take vacation time once they have reached their ...
  A: California is different than most states and has it's own rules. It is more employee friendly than ...
tipping salaried employees4/13/2009
  Q: I work for a Not-for-Profit Country Club in Washington State as a server. The Club has recently ...
  A: The head chef is not eligible for tips. Only employees eligible to receive tips are eligible to ...
signing electronic time card4/13/2009
  Q: I was told by my employer that it is a law that I electronically sign my electronic time card. I ...
  A: You should initial any changes made to the original timecard unless it is for rounding. The employer ...
un paid checks4/13/2009
  Q: I have been unable to deposit or cash 11 pay checks from the company I work for. These checks come ...
  A: Quit file for unemployment. Call your Department of labor and put in a claim for unpaid wages. You ...
Unpaid Wages4/13/2009
  Q: I recently left a job (in the state of Alabama) after only 2 weeks working there. I left because on ...
  A: First thing you should do is sign up for unemployment. If you quit because you were not paid it is ...
Pay Reduction, Location Change4/12/2009
  Q: I have worked for my employer for 1 1/2 years as a full time employee. I am a resident of GA (the ...
  A: Doesn't matter where the company is headquartered, the employment laws are where the work is ...
time card4/12/2009
  Q: I work a a place where almost everyone is required to punch the clock,except one employee she does ...
  A: This is a disciplinary problem and not a legal problem. The person in charge needs to take care of ...
BEING LET GO, BUT HAVE 1-2 WEEKS4/11/2009
  Q: MY BOSS, INFORMED ME TODAY THAT I HAVE 1 - 2 WEEKS BEFORE I AM BEING LET GO. I HAVE 5 VACATIONS DAYS ...
  A: Vacation pay: It depends on his policy. If it says he pays on termination than he must do so. If it ...
Full Time employee not getting fulltime hours4/10/2009
  Q: I've been working full time for my company(retail key holder in mall) just under a year and they are ...
  A: Yes they can cut hours for all employees if they need to in order to keep their company going. The ...
Vacation Caps4/10/2009
  Q: Is it legal for an employer to force an employee to take vacation time once they have reached their ...
  A: Vacation time is not regulated by the Federal government. It is regulated by each state if it is ...
Payment Withholding4/10/2009
  Q: We have an employee in our agency, for all intent purposes the employee is a temporary employee. We ...
  A: Temp employees are not required to pay into the pension system. Only regular full time employees pay ...
are timeclocks mandatory4/10/2009
  Q: I have been told that it is the law in massachusetts that hourly workers must use a timeclock. We ...
  A: The law is that timecards must be kept and shown if there is a department of labor audit. They can ...
Employer terminated my payroll one week before terminating me.4/10/2009
  Q: I just found out that my former employer actually stopped paying my salary on March 27th...but they ...
  A: If you were supposed to get two weeks severence than you should also be paid for the tme you worked ...
Recent layoff - different severance packages4/10/2009
  Q: I was laid off a couple of days ago. I was given a severance package of 2 months worth of pay and ...
  A: The legal issue would be different laws in California pertaining to severence and in Texas ...
LUNCH BREAKS4/9/2009
  Q: I HAVE BEEN EMPLOYED AT A WINERY FOR 20 YEARS. NEW OWNERSHIP TOOK OVER 3 YEARS AGO. IN THE 20 YEARS ...
  A: If the company asks you to punch in and out than you have to punch in and out. You have to follow ...
breaks during work4/8/2009
  Q: I was reading your response to another question. I just wanted to make sure I understand. We are not ...
  A: Texas does not require that employer's give breaks. The employer can mandate lunch meetings or any ...
Overtime or Flex-Time4/8/2009
  Q: Our company works 38.75 hours a week or 7.75 hours a day. If an employee is non exempt and is asked ...
  A: I don't know what you are referring to as Flex time. Our Flex time is the employee can leave early ...
Payroll overpayment4/8/2009
  Q: Shirley, I have a former employee who was paid $3200 in salary in 2008. It was not discovered until ...
  A: Here is what it says about wage repayment in Circular E on page 29. Repayment of prior year wages: ...
not getting paid4/8/2009
  Q: I started working for a company that goes door to door selling cable services. I started work on ...
  A: Put in a claim for unpaid wages with the Oklahoma Department of Labor. They will investigate and if ...
Inappropriate Relationship w/ Client4/8/2009
  Q: I have a friend that has a New York based spa business. It was discovered that an employee had an ...
  A: Write a good policy right now and stick to it. This is improper and if the client wanted to they ...
Corporation4/7/2009
  Q: Can the Vice President of a corporation also work as the human resource director of that ...
  A: I don't think there is any law preventing this, but it could very well be a bad move as it could be ...
Resignation in California4/7/2009
  Q: I recently resigned from a local non-profit organization. i received my final pay check and ...
  A: The company has 30 days to send out Cobra information and you have 45 days to elect to take it. ...
Final pay w/accrued Vac, Sick, and Exec pay4/6/2009
  Q: I worked for a city for 27.8 years, they were offering a so called golden handshake to those older ...
  A: It is all on one check and it is taxed at the supplemental rate. The Fica and Medicare would be the ...
Pay Rates4/6/2009
  Q: After being out for a week on bereavement, I come back to work to find out my department had closed, ...
  A: They can do this. They should have contacted you, but it would have made no difference if they had ...
Damages done during the job4/6/2009
  Q: I own a service, maintenance, mods, and repair shop for motorcycles that is still in it's fledgling ...
  A: I can only tell you what the law says and it says you cannot dock him wages or deduct damages from ...
failure to receive paycheck4/6/2009
  Q: My last pay period ended on March 31 and it is now April 6th and I have not received my paycheck. ...
  A: Each state has different rules, but there should be set paytimes and the pay should be paid on those ...
withholding paychecks4/6/2009
  Q: My 17 year old daughter just started a retail job. She has been employed with them for 16 days. ...
  A: Most places hold one week back on new employees to get payroll set up. They are paid one week in ...
Termination4/5/2009
  Q: Situation: A manager failed to report an incident that took place in a store with cameras the day it ...
  A: Each store is it's own entity. If it were to go to court the only evidence would be the store in ...
Employee education contracts4/5/2009
  Q: I work in Georgia for a maintenance organization that is required to have on staff factory trained ...
  A: They cannot take it from a final check and they cannot take any amount that will put your wages ...
Delayed paychecks4/4/2009
  Q: I get paid bi-weekly and lately the corporate office keeps telling us one more day until the ...
  A: The law says that you must be paid on your payday and that is when you should be paid. I would ...
Employment / termination4/4/2009
  Q: but here it is anyway. I have been with the same company for 16 years in outside sales of technical ...
  A: It is illegal for them to force you to take an inside sales job so they can hire someone younger for ...
Unemployment $ now, same company offers $7 less hour and work biweekly4/4/2009
  Q: I'm laid off in Alabama, on unemployment benefits and my old employer who laid me off, calls me up ...
  A: You do not have to accept a job at lower pay. If you do not accept the job, than you will continue ...
Exempt Minimum Hours4/4/2009
  Q: I have a Supervisor, exempt employee, with a Doctor's excuse/script, for a medical condition that ...
  A: If he has a doctor's excuse than the company must make a reasonable accomodation as long as he is ...
Being wrote up for requesting time off!4/4/2009
  Q: I was wondering I talked to my supervisor about a question I had and the subject of attendance came ...
  A: Business decisions such as schedules are left up to the employer unless they infringe on your ...
Providing Benefits for Employees4/4/2009
  Q: I work for a company headquartered in Maryland. We are a new company and want to provide health ...
  A: Maryland law does not require the award of benefits. Examples include vacation leave, sick leave, ...
Paycut4/3/2009
  Q: I have recently received a pay cut of approximately $400 a month. I am barely getting by on what I ...
  A: Yes if you quit because of this dramatic of a pay cut you should be able to draw unemployment. You ...
reporting of time worked4/3/2009
  Q: I work for an engineering firm in Michigan and I gather and record all of the employee time sheets. ...
  A: She is not correct. The company may require all employees to fill out a timesheet and report time ...
vacation pay after termination4/3/2009
  Q: I worked for this company in mass. for 12 years and I had 3 weeks vacation time after the 7 year ...
  A: Employers who choose to provide paid vacation to their employees must treat those payments like any ...
Required Notice of termination in Employment Agreement4/3/2009
  Q: In California, an at-will state, if I sign an employment agreement that both the employer and ...
  A: In an at will state there are really no consequences. You will be paid on the next regular payday. ...
Unpaid meal4/3/2009
  Q: If you are a server at a restaurant, and a customer walks out on their bill, can the restaurant ...
  A: The laws are different in different states. It is not the same in all states. In Florida you do not ...
Mo paycheck for 5 weeks!4/2/2009
  Q: My husband works for an electrical company going through hard economical times. Recently they ...
  A: You are entitled to be paid his wages. If the company goes into bankruptcy than it would go under ...
unemployment4/2/2009
  Q: If I get a pink slip stating I'm layed off starting the following Monday and I leave 4 hours later ...
  A: It could be said that you quit because you were upset over being layed off and yes in this instance ...
Benefits for Full-time status4/2/2009
  Q: I have worked for my current employer for almost 4 years. There was a 4 month period where I was ...
  A: It is legal if it is what is written into the company policy and what the rule is for other ...
Time Card Fixing4/2/2009
  Q: I work at a place where overtime is not allowed. Anything over 40 hours is paid out as overtime, ...
  A: Employers are allowed to round the time to the nearest 15 minutes or the nearest 10 minutes. So if ...
Payroll overpayment4/2/2009
  Q: Shirley, I have a former employee who was paid $3200 in salary in 2008. It was not discovered until ...
  A: Since he is no longer an employee and you cannot collect the amount in this year or adjust the ...
FMLA issue4/2/2009
  Q: McAllister, My husband is being monitored by a doctor for various health issues, none of which ...
  A: No you do not have to fill out these forms. You are not ill and while you can take FMLA to care for ...
Do I have a right to ask my employer pay me back the PTO that I am accrued?4/1/2009
  Q: My position was terminated on 3/23/2009. I worked for the company about 8 months. A month ago, ...
  A: Texas laws do not require PTO be given or paid. They do say that if the employer gives PTO he must ...
vacation time for employee who quit without notice4/1/2009
  Q: I had a nurse who quit in the middle of her shift on 3/4/09 and says that I owe her for her unused ...
  A: This employee cannot be punished for leaving in a huff. The time must be handled the same as it is ...
Issues with Payroll4/1/2009
  Q: Let me give you a little history with my situation. In Sept 2008 I was approached by my old employer ...
  A: It sounds like you were looking for greener grass and it didn't happen. Sometimes we have to weigh ...
Denied PTO for Dr Appt use4/1/2009
  Q: I have recently been revoked my previlages in the workplace to arrange my schedule to accomendate 5 ...
  A: If you are salaried they must let you leave early as if you work part of the day you must be paid ...
Transfer From Salaried to Hourly/vice-versa4/1/2009
  Q: I have processed payroll for 4 different companies and am currently newly employed at a 5 star hotel ...
  A: They cannot transfer employees back and forth between salaried and houly whenever they wish to do ...
follow-up to change to fee for service3/31/2009
  Q: OriginalMy employer (a private agency) in North Carolina recently changed it's pay from salary to ...
  A: If you are not a contract employee you cannot be paid this way. As a regular employee you must be ...
Bonus Pay3/31/2009
  Q: I work in a call center and our management laid out a bonus plan for employees to receive a bonus ...
  A: I wish I could help you, however, the law is very clear. The law requires one thing in regards to ...
Salary Exempt Issues3/31/2009
  Q: I am a retail manager in Florida and am "Salary Exempt" as I earn the exact same pay regardless of ...
  A: Yes you do. You can file a complaint of an FLSA violation with the Department of Labor there are ...
Salary Exempt Issues3/31/2009
  Q: I am a retail manager in Florida and am "Salary Exempt" as I earn the exact same pay regardless of ...
  A: Sounds like the employer is paying you as a salaried exempt and working you as an hourly employee. ...
Non-exempt Supervisors3/30/2009
  Q: I am in Texas. We have several tiers of employees. Can we treat our assistant level supervisors ...
  A: All hourly must be treated alike. If you want them to be treated as salaried you must reclassify ...
Electronic pay stubs3/30/2009
  Q: Shirley, I have a question pertaining to the state of Michigan. My current employer has decided 1, ...
  A: It is legal to decrease your salary 10% but you must have notice before you do any work at the new ...
Conflict of Interest3/30/2009
  Q: What are the laws or guidelines on hiring relatives as employees? I know someone who has their ...
  A: It is a bad business decision to hire relatives, it is not illegal. What would get the employer into ...
Benefits due3/30/2009
  Q: My company just went through a re-re-org, and I believe in excess of 15 associates were impacted. My ...
  A: Severence pay is at the discretion of the company. There are no legal grounds for severence pay. It ...
Pregnancy Discrimination/retaliation3/29/2009
  Q: I am pregnant and have worked for the same company for several years. At the beginning of my ...
  A: FMLA time is 12 weeks in duration. It can be used a little at a time. You many only use 12 weeks in ...
Salaried to Hourly3/29/2009
  Q: This past year I have been changed to hourly wages from salary. I realize the benefits of the change ...
  A: There is nothing you can do. The employer can change anyone to hourly there are no restrictions that ...
Worker Classification - Hairdressers3/28/2009
  Q: You answered a question dated 3/5/08 in which you outlined several compensation arrangements in ...
  A: You could have an employee paid by the hour. (Hourly employee) (W-2) You could have an employee ...
Tampering With TIme Clock3/28/2009
  Q: I would like to know if the following action by the employee breaks any laws and what type of ...
  A: You set the employee down and tell him straight up. This is not acceptable, it is cause for ...
unemployment3/28/2009
  Q: I live in new jersey and have done my best to research the unemployment process on my own but am ...
  A: You need to go in to the Unemployment office and talk to someone and get it straightened out. The ...
withholding wages3/27/2009
  Q: In arkansas I am a commissioned employee i recently Quit my employer and he withheld money out of ...
  A: If money has been withheld from your check which you did not authorize and which should not have ...
Shady Compensation, small business3/27/2009
  Q: This seems shady to me. Is my employer breaking the law? Here are the facts: I work in a small ...
  A: He is breaking the law. You must be paid for every hour you work, overtime for all hours worked ...
Probation period starting after a year and a half of work3/27/2009
  Q: Please I need a clarify in this matter. I´ve been working for the company more than a year and a ...
  A: Of course I do not know everything about the situation. I can tell you that it appears you and the ...
pay reduction3/27/2009
  Q: If an employer permanently reduces your pay by 10% or more due to ecomic conditions, are you ...
  A: Unless the pay cut is below the minimum wage you would not qualify for unemployment if you were to ...
Exempt Employee salary deductions for time missed at work3/27/2009
  Q: I am a Texas exempt employee. We receive 6 days PTO a year and accrued vacation time. If work is ...
  A: It is legal to deduct PTO or vacation time from salaried employees since this is considered a fringe ...
Pay rate reduction3/26/2009
  Q: My employer has announced an accross-the-board permenant pay-rate reduction citing current economic ...
  A: Yes it is legal as long as your wages do not go below the minimum wage. Not only is it legal but it ...
Unused PTO Payouts3/26/2009
  Q: My co (in TN) has a policy that at the end of the year any unused PTO time that an employee has ...
  A: That is a tough one. The state does not require the time be paid out. It is a fringe benefit and is ...
Payroll switch and payback?3/26/2009
  Q: I have a boss who is involved in at least 3 companies. My contract is with 'Company A' in NJ. Two ...
  A: This really sounds like a fine mess. I think that the Department of Labor will need to step in and ...
Unemployment Comp3/26/2009
  Q: Can a person who is working at Johnson and Wales or RI School of Design collect unemployment comp if ...
  A: Most generally teachers at educational institutions are not eligible for unemployment benefits. The ...
Payroll switch and payback?3/26/2009
  Q: I have a boss who is involved in at least 3 companies. My contract is with 'Company A' in NJ. Two ...
  A: None of this sounds on the up and up. He cannot issue checks now retroactive from February. I would ...
Payroll3/26/2009
  Q: I have been with my employer for 8 years. They have just decided to with hold one weeks pay from ...
  A: It is legal to withhold one weeks pay. Most companies do it when the employee is first hired. I hold ...
Abandonment of Job3/25/2009
  Q: We operate care facilities for development disabled in California. We provide 24/7 care. The only ...
  A: Her check can be paid on the next regularly scheduled payday since she quit by abandoning her job. ...
Unemployment benefits?3/25/2009
  Q: I work for a staffing company in Alabama. We to temporary and long term work all over the united ...
  A: Alabama: You must have wages in at least two quarters of your qualifying period (base period). The ...
Unclaimed Payroll checks3/25/2009
  Q: In the state of Alabama the law is after 1 year to send the funds to the state. Now, what should ...
  A: You void the checks, fill out the Escheat forms and send the money in to the State. On your ...
48 hour written notice3/25/2009
  Q: I decided to quit my job, because I'm moving out of state. I turned in my 2 week notice, and honored ...
  A: You are correct they should pay you within 48 hours upon written notice. Here is the Idaho ...
Differences in Insurance Premiums3/25/2009
  Q: I work for a non-profit organization that offers health insurance to its employees and pays a ...
  A: It is legal if the policy is written and it is known to all employees when they start working for ...
FLSA - Mandatory Furloughs3/24/2009
  Q: Can an organization (local gov't) require exempt employees to take mandatory furlough days without ...
  A: This is happening everywhere, especially in California. Several Unions are questioning it and a ...
Unemployment benefits?3/24/2009
  Q: I work for a staffing company in Alabama. We to temporary and long term work all over the united ...
  A: The states have an amount that the employee must earn in order to qualify for unemployment. It is on ...
Full time exempt employee3/24/2009
  Q: Can my employer require me to clock in and out as an exempt employee? Can they dock me for partial ...
  A: If you are full time exempt and work part of a day you must be paid for the entire day. If you are ...
Possible criminal activity3/24/2009
  Q: I work remotely for a legitimate business in another state without problems, and have done so for ...
  A: I would not be working under this situation as you could possibly be in legal trouble. I would ...
non disclousre3/24/2009
  Q: I am (was ) an at will employee. I did Not sign a non compete. I work in a realitivly small and ...
  A: Do you have any written emails or anything on paper that would show that you actually resigned and ...
LAID OFF3/24/2009
  Q: MY DAD HAS WORKED THE SAME JOB FOR 25 YEARS THEN GOT LAID OFF. HE WAS THE ONLY NON-FAMILY MEMBER ...
  A: Unemployment goes by periods. It is an insurance not a retirement. The president extended ...
Relationship at work3/23/2009
  Q: My partner and I work in the same office for a security company. We have a relationship and work ...
  A: This is not about the two of you having holidays together. This is about an employee leaving an ...
Unpaid Lunch Break3/23/2009
  Q: I have a question about unpaid lunch breaks in Texas. I work an 8 hour day, plus have an 1 hour ...
  A: The Texas Payday Law does not address the issue of rest breaks or meal breaks. There is no current ...
severance vs. unused vacation pay3/23/2009
  Q: I was laid off from my company in February and given a severance package, which ended up being ...
  A: Here is what the Department of Labor says the law is which says they have to pay you the vacation ...
Smoking in Workplace3/23/2009
  Q: I work at a small family owned company in Texas where quite a few of the employees smoke. During ...
  A: I understand your concerns and I agree that second hand smoke is not good especially with your ...
severance vs. unused vacation pay3/23/2009
  Q: I was laid off from my company in February and given a severance package, which ended up being ...
  A: It depends on what was in the severence package and how it was worded. Did you read it over before ...
Vacation time and florida laws3/22/2009
  Q: My questions is this, I know FLSA and DOL have no set rules in regards to vacation time and ...
  A: If the employer makes an agreement with an employee he should honor it. Yes, he should pay you the ...
requesting 9 earned vacation days as my last 2 checks before I retire3/22/2009
  Q: I have been working for this company over 10 years. I applied for my soc. sec. as my birthday is in ...
  A: If they do not wish to pay the time out and do not have a policy that says they will they could let ...
falure to pay me ontime3/22/2009
  Q: i worked two weeks for ac commercial company and expected my pay check like everyone else and it ...
  A: The first thing you should do is call Payroll and find out why you did not recive a check. Do they ...
Payday Date Change3/21/2009
  Q: I work for a company and receive my paycheck on the 1st of every month. I received an e-mail from my ...
  A: I have searched both the Oregon Department of Labor rules and the Oregon Statutes. I can find no ...
Permanent change of hours3/21/2009
  Q: I'm a California registered nurse working in a non-profit hospital. There are less than a dozen ...
  A: The employer has a right to set your work schedule. The only thing you could do is to transfer to a ...
docking pay3/21/2009
  Q: Im a roofer i get payed hourly my boss docked me 8 hours pay because he felt a job should have only ...
  A: He cannot dock your pay in this way. You must be paid for all the hours which you have worked. Put ...
Salary3/21/2009
  Q: Is there such a thing as "sort of on salary"? As the company I work for pays it's managers at a ...
  A: You are not salaried exempt if they are treating you as hourly. File a claim for misclassified ...
Mandatory workplace meetings in Washington state3/20/2009
  Q: If an employer calls a mandatory meeting under the pretense that if you do not attend you will no ...
  A: If you are hourly non exempt than you must be paid for a mandatory meeting whether you might lose ...
Layoff payroll3/20/2009
  Q: I was layed off yesterday, and have no faith that the company will properly pay me. How long will I ...
  A: State law requires the employer to pay an employee all wages due him or her within 48 hours of the ...
Layoff payroll3/20/2009
  Q: I was layed off yesterday, and have no faith that the company will properly pay me. How long will I ...
  A: You have to be paid for the whole week. You need to wait until after the deadline for the company ...
Bereavement and Holiday pay while unemployment?3/20/2009
  Q: Last month my husband was laid off due to lack of work. We live in Michigan (no surprise there!) and ...
  A: Michigan has a Payment of wages and Fringe Benefits Act. In regards to fringe benefits the act says ...
Vacation time and florida laws3/20/2009
  Q: My questions is this, I know FLSA and DOL have no set rules in regards to vacation time and ...
  A: The vacation time is given by the employer. He can tell you when and when you cannot take it. If he ...
PTO3/19/2009
  Q: My company has a PTO policy. As a salaried employee can they require us to use our PTO for any time ...
  A: The law says that salaried employee must be paid for the whole day if they work part of the day. The ...
Daughter's first job3/19/2009
  Q: Recently, my 17 year old daughter obtained her first job at a Jamba Juice restaurant. She loves it ...
  A: The Colorado Department of Labor Website with fact sheets for employees: ...
Daughter's first job3/19/2009
  Q: Recently, my 17 year old daughter obtained her first job at a Jamba Juice restaurant. She loves it ...
  A: Federal law does not provide for breaks or for lunch periods. State laws provide for breaks and ...
Medical Deductions3/19/2009
  Q: I found out today my employer has not deducted my medical insurance benefit, I understand they do ...
  A: They have paid the benefits to the insurance company on your behalf. you do have to pay them back. ...
Daughter's first job3/19/2009
  Q: Recently, my 17 year old daughter obtained her first job at a Jamba Juice restaurant. She loves it ...
  A: Write a written letter to the manager asking that he make a reasonable accomodation for the pump in ...
HR rounding3/19/2009
  Q: So at my place of employment the time worked is calculated in 6 minutes periods. The timesheet ...
  A: It is legal to round to the nearest 10 minutes or the nearest 15 minutes. It must be done both ...
Pay reductions3/18/2009
  Q: I work in California for a large company (300,00 in the US alone). They cut pay to all US workers ...
  A: Salaries can be reduced to both hourly and salaried employees. The employee must be told of the ...
Meal period Not taken, then adjustment made after the fact3/18/2009
  Q: My husband works for a small pest control company in California. The employees are told they must ...
  A: The law does say that if he works through lunch than he must be paid for the time. It is found at ...
Law governing accrued PTO entitlement after lay off3/18/2009
  Q: I was recently made redundant and the severance contract states that I will only get 40 hrs of ...
  A: Under the Texas Payday Law an employer is not required to offer fringe benefits such as vacation ...
Timecards3/17/2009
  Q: I am trying to figure out what we can do about employees that do not turn in their timecards. We do ...
  A: You are required to pay them regardless of whether or not they turn in a timecard. I am in charge of ...
Cashier shortage in NYC3/17/2009
  Q: I work as a cashier in a supermarket in NYC making minimum wage. If my drawer is short, can my ...
  A: Section 193 of the Labor Law states: 1. No employer shall make any deduction from the wages of an ...
CFRA and FMLA3/17/2009
  Q: I have two employees not married but about to have a birth of a child. Both are qualified for FMLA ...
  A: The rules are for Paternity and Maternity. The 12 weeks is the same. If they both use it they can ...
layoff and unpaid vaction3/17/2009
  Q: My husband is losing his job due to the shop closing, he has over 3 weeks vacation and has been told ...
  A: If there is an agreement between the employee either verbal or written that the vacation pay will be ...
time clock and lunch breaks3/17/2009
  Q: Is a time clock that automatically takes out 30 minutes for lunch against the labor law in ...
  A: The reason that the timeclock is forcing you to take a lunch is because the law says the company ...
Changeing paydays3/17/2009
  Q: I work for a large restrant based out of TN(I work for them in GA) The company payday is Friday of ...
  A: It is not legal to hold checks until Tuesday if payroll is on Friday than you should be paid on ...
salaried forced to work every saturday and sunday3/17/2009
  Q: I'm a salaried employee classified as supervisor. I visit different home improvement stores and ...
  A: You must work the hours that the employer schedules you to work. You do not have a choice in what ...
School District workplace bully3/16/2009
  Q: McAllister, I recently had to take a leave of absence due to my hostile work environment, which led ...
  A: I actually think it would be in your best interest to seek employment elsewhere and find a job that ...
Taxes3/16/2009
  Q: My husband's W-4 is set to "Married and 1". He discovered he was deducted at "Single and 0" the ...
  A: It cannot be refunded as it is sent in to the government already. It will be refunded to you when ...
Accured Vaction3/16/2009
  Q: I used my vacation time for FY09 before I accrued it and I quit my job because my husband is being ...
  A: I do not know the civil laws for Connecticut so I do not know if after you terminate the employer ...
Accured Vaction3/16/2009
  Q: I used my vacation time for FY09 before I accrued it and I quit my job because my husband is being ...
  A: It depends on a couple of things. It depends on Company Policy and on the state in which you work. ...
increase in hours3/15/2009
  Q: My employer is a small non-profit in Oklahoma. I am the director and currently work 30 hours a ...
  A: If you are 40 hours a week you do become a full time employee. You must be paid for all the work you ...
about MED1253/15/2009
  Q: understand what is it for. I received my last pay stub with a salary deduction with the amount of ...
  A: MED 125 would signify a deduction to pay for medical premiums. Typically the company pays for the ...
Salary vs. Hourly Compensation3/14/2009
  Q: I have recently accepted a job here in texas agreeing on a hourly paid wage. I have worked for this ...
  A: You can find information on the U.S. Department of labor website under the FLSA (Fair Labor ...
I got fired3/14/2009
  Q: I got fired from a job in ms and the payday was friday and he fired me that day but wouldnt give me ...
  A: Your state of Mississippi labor department website did not state a time for paying terminated wages. ...
Raise promised after certification3/14/2009
  Q: I was offered a generous raise by the company president, witnessed by the HR rep, to become ...
  A: Payroll laws do not cover raises. The payroll laws only say that you must be paid at least minimum ...
second jobs3/14/2009
  Q: Shirley, Right now, I work for a retail party goods store. I am an assistant manager. I was asked by ...
  A: Getting permission is not saying that you cannot work two jobs. The company just wants to know that ...
unemployment to commission3/14/2009
  Q: I am currently collecting unemployment in Washington state and am eligible for 6 more months. I am ...
  A: You do not have to report until you earn commissions. Even if you earn income than you can still ...
Company Bought out3/14/2009
  Q: The company I am employed by was bought out, and I became an employee to this new company. We had ...
  A: The first thing you need to do is check and see if they are holding back a week's pay. When this ...
payroll date vs payroll distribution date3/13/2009
  Q: Can a payroll check be distributed on Friday if the check is dated Thursday, the day before the ...
  A: Checks are distributed on the paydate. Our checks are often dated on Thursday and paid on Friday. ...
Retro Pay Adjustment3/13/2009
  Q: We are moving our salaried employees to one merit increase date. All salaried employees will receive ...
  A: If you do not specify the diffrence on the stub and do not do a separate check than you can just add ...
overpayment3/13/2009
  Q: 07 this is the first i have herd of an overpayment i have phoned up and asked for a breakdown do i ...
  A: They can ask you to pay it back. Do not volunteer to do so. If you do not than they have to take you ...
unemployment to commission3/13/2009
  Q: I am currently collecting unemployment in Washington state and am eligible for 6 more months. I am ...
  A: When you start receiving wages you have to report them to the Unemployment office. If you do not ...
Requested Law Reference for Reading/Research3/12/2009
  Q: Shirley, Would you please point me in the direction of the law which covers paying exempt, salaried ...
  A: The law is the FLSA portion for exempt employees. It says they must be paid, it does not say from ...
Timeshhet Times3/12/2009
  Q: Our company uses the following time break down for our timesheets. Minutes worked: 0 - 5 tenths ...
  A: The company is actually following the law. The law says the company may round time to the nearst ...
unlawful final check deductions3/12/2009
  Q: what can i do? My employer deducted medical insurance from my final check.Then canceled my insurance ...
  A: I think that you should consult an attorney. Nothing should have been withheld from your check for ...
withholding first two weeks of pay3/12/2009
  Q: My fiance works for a company that provides engineers for office buildings. The office building ...
  A: This is a standard practice. Holding back two weeks simply means they are paid two weeks in arrears. ...
Hours/ pay3/11/2009
  Q: Florida: Is it right for a company to pay you cash for your salary (commission based) Have you work ...
  A: If you agree to work for commissions only than you only get paid if you earn commissions. If you ...
salaried paycheck3/11/2009
  Q: I went to work for a facility as $65.000 per year salaried. I worked 6 days. How should they pay ...
  A: I figure the salaried daily wage by using the following formula. 52 weeks in a year so 52xdays per ...
Employer will not pay3/11/2009
  Q: my employer owes me for two weeks of pay. Normally I get paid every Friday, however two Fridays went ...
  A: What you need to do now is go right away to the Unemployment Office and file for unemployment. ...
disablility and vacation pay3/11/2009
  Q: is it a canadian government policy that if you are on disability you are unable to get your ...
  A: In Canada the employer must pay you a percentage of your gross wage as vacation time. The employer ...
PS: Unemployment Denial3/11/2009
  Q: Per my previous question......I forgot to mention that my son works in Illinois Thanks
  A: Regardless of which state in which work is done every employee that is denied benefits is eligible ...
Unemployment Denied3/11/2009
  Q: My son has worked for the same company for 7 years. The job he was doing demanded 2 people but the ...
  A: Your son has the right to appeal the decision. He should file an appeal with the Unemployment office ...
Wife laid off shortly after announcing pregnancy - discrimination?3/10/2009
  Q: My wife was recently notified that she is being laid off from her salaried position in a large ...
  A: In a normal time it might be very suspect and an EEOC case might have some validity. Where layoff ...
Required Vacation for Exempt Salaried Emp.3/10/2009
  Q: I am an exempt salaried employee working as an engineer for a manufacturing company. Because of the ...
  A: Vacation is considered a fringe benefit given by the employer, it is not required by law. Because of ...
Ohio / Employee Health Contribution3/10/2009
  Q: I work for a small Co. Last year required to pay 40% of health care, after tax dollars deducted ...
  A: Every employee should pay the same for self, the same for dependents. We have a scale. The employer ...
Not paid for all hours worked followup3/10/2009
  Q: I am a retired senior citizen working for an employer for additional income and my problem is, I ...
  A: You can file a claim with the Department of Labor, but they cannot have someone terminated. They can ...
Not paid for all hours worked3/9/2009
  Q: I am a retired senior citizen working for an employer for additional income and my problem is, I ...
  A: If you are not paid all your wages you can file a claim with the department of labor , but it will ...
Please help3/9/2009
  Q: My situation is as describe below, please provide your opinion on this. My former employer A (I ...
  A: They cannot backdate paystubs and print them out. I keep copies of all paystubs on file, many ...
What constitutes willful act for violations of Labor Codes3/9/2009
  Q: A terminated employee makes several requests for unpaid wages to her employer and each request was ...
  A: It would take a determination by the Department of Labor to find out if the employer's actions are ...
Unemployment Claim denied3/9/2009
  Q: and thank you for your time. I voluntarily resigned from my primary employer in October 2008 in ...
  A: Your unemployment claim was denyed because you quit the original job to work at the new job. It was ...
bad paychecks3/9/2009
  Q: what can a person do when the employer has issued payroll checks that come back as NSF. This is ...
  A: I don't know how Wisconsin works, but I know in Idaho, Oregon, Washington, Nevada, Utah, and Arizona ...
unlawful final check deductions3/9/2009
  Q: what can i do? My employer deducted medical insurance from my final check.Then canceled my insurance ...
  A: They should not have withheld any money from your check for future cobra coverage which you had not ...
being recalled from a vacation3/8/2009
  Q: My husband was recently informed at work (he works for a local town government in the highway ...
  A: It says he has to make an effort, it does not say if he cannot return. I do not believe that if he ...
hours worked without clocking out3/8/2009
  Q: In Texas, what is the law about how many hours can be worked for an hourly employee without ...
  A: Here is your answer from The Texas Workforce Division of the Department of Labor. After what length ...
PTO3/8/2009
  Q: If an employee has built-in overtime, say a 48 hour work week, and they take a PTO day, are they ...
  A: The law says that employees must be paid overtime for all hours worked over 40. PTO is not worked ...
exepmt for one paycheck3/7/2009
  Q: I am expecting a lump sum payout because my company and union came to an agreement and they owe us ...
  A: It is 10. If you claim more than 10 exemptions your W-4 is sent in to the IRS and they may determine ...
Pay stub information3/7/2009
  Q: I have a friend who has a child support garnishment against his wages. On his pay stubs they are ...
  A: The child support deductions should be listed on the check as something other than advances. ...
not paid for overtime worked3/6/2009
  Q: I worked a regular 40 hour work week and then another 30 to 40 hours of overtime in the same week. ...
  A: If you are non exempt than you must be paid for all the hours you work and overtime for all hours ...
Vacation Pay3/6/2009
  Q: If I am layed off or fired from my job does my employer owe me unused vacation pay? I am working in ...
  A: Since you are working in Texas their employment rules are the ones that have jurisdiction over your ...
bad paychecks3/6/2009
  Q: what can a person do when the employer has issued payroll checks that come back as NSF. This is ...
  A: First you need to go to the person in charge of the company and find out why this is happening and ...
Layedoff while on maternity leave3/6/2009
  Q: I have worked for Home Depot for 2 years. I went into Preterm labor on January 1, 2009 and gave ...
  A: It is illegal for the company to discriminate against you because of a pregnancy. It is even worse ...
Breaks3/5/2009
  Q: I work two jobs for the same company. Both are hourly positions. At times, I work 8 hours and then ...
  A: The second meal period can be waived by the employee if both the employee and the employer agree and ...
unpaid wages3/5/2009
  Q: i was a bar and restaurant manager,and my employer was not paying me my wages for four weeks, now he ...
  A: You need to go down and sign up for unemployment at your unemployment office for your local region. ...
separation notice3/5/2009
  Q: Good morning. I currently work for the IRS and I have accepted a position in another agency. The ...
  A: Two weeks is sufficient notice. If you work in an "At Will" state no notice is required. The only ...
1099 employee3/5/2009
  Q: My husband works for a small company, in fact it is just him and his boss. He did receive W-2's ...
  A: He should not be 1099 and should be W-2. The employer cannot just change him from a W-2 to a 1099 ...
Paycheck3/5/2009
  Q: I am a salary employee in Michigan. My employer is now 5 weeks behind giving me a paycheck stating ...
  A: You cannot work for free, if your employer cannot pay you than go and file for unemployment until ...
salary manager/breaks3/4/2009
  Q: As a salaried manager in NY am I entitled to any break periods during an 11 hour shift? We were told ...
  A: Breaks are not required under New York law. If they are given they must be paid for. Each employee ...
Am I a 1099 employee?3/4/2009
  Q: I am a hospitality recruiter bound by a non-compete clause for one firm. I have been trained with ...
  A: If you think that you were, or are, an employee and you would like the IRS to issue a determination, ...
firing an employee3/4/2009
  Q: I need to fire an employee. Can I do this over the phone? I had asked this employee to meet with me, ...
  A: You can fire her over the phone. I would suggest you do the following: Document in writing each ...
Payroll deduction for missing deposit3/4/2009
  Q: My husband is currently a manager at an authorized dealer for a large cell phone company. When he ...
  A: Unless the company filed a theft report with the police department and listed him as the thief I do ...
From salary to hourly without notice3/4/2009
  Q: I am in the state of Mississippi. I recently learned that I have been changed from a salaried ...
  A: If you feel this was done because of the pregnancy and it is an attempt to only pay out 60% instead ...
bonus and profit sharing3/3/2009
  Q: We are about to pay out our bonus and profit sharing for 2008 to our employees. We are a Delaware ...
  A: Bonus checks are taxed at the 25% supplemental federal rate and your state supplemental rate. It is ...
Broken Equiptment3/3/2009
  Q: Can you make workers financially responsible for breaking work equipment? Is that legal? ANSWER: ...
  A: Here is what the law is in Utah. The employer can deduct if it is done due to negligence on the part ...
money deducted from final paycheck3/3/2009
  Q: I have a friend who is a paralegal, and a single mom. She was offered a position with another law ...
  A: They should only deduct the amount that she would have paid and had not paid for the month. They ...
tips3/3/2009
  Q: My employer takes our tips out of his payroll. for instance. if my hourly wages equal 200.00 for ...
  A: He should be paying you a tip wage whatever it is for your state. He can then use the tips to bump ...
laws of regular pay and perdiem pay3/3/2009
  Q: my husband is working for an employment service, he started out making a certain wage and equal ...
  A: When working for an employment service the employee is paid the amount that the company he/she is ...
WAS3/3/2009
  Q: I was just recently terminated from a At Home Position from a company from Colorado. I reside in ...
  A: I would normally say Pennsylvania because that is where the work was performed. However, I don't ...
Unemployment Benefits3/3/2009
  Q: About a year and a half ago, I applied employment at a company in Florida. After they decided to ...
  A: Unfortunately ignorance is not excuse. It always is a good idea to read what you sign so you will ...
unable to pay on time3/3/2009
  Q: is there any money due from the employer to the employee for not being able to give out paychecks on ...
  A: Is the employee is salaried exempt and they are off for personal reasons they are not paid. If the ...
Broken Equiptment3/3/2009
  Q: Can you make workers financially responsible for breaking work equipment? Is that legal?
  A: As a general rule no, most states do not allow this. I am not positive that all state rules say no, ...
no written notice3/2/2009
  Q: I have worked with my previous employer for about 15 months. She had left me a message on my ...
  A: You do not have to have a written notice to be terminated. Why was your EDD claim denyed? Were you ...
payroll deduction3/2/2009
  Q: I work as a server in chicago and their is an issue concerning benefits. I have noticed that on my ...
  A: Employers are not required to take medical insurance out pretaxed. In fact they are not allowed to ...
salary and hourly wages3/2/2009
  Q: i am an exempt employee also working hourly wages in ny. In a month with low hourly income can my ...
  A: Exempt employees are exempt from the overtime provisions of the FLSA (Fair Labor Standards Act). ...
salary and hourly wages3/2/2009
  Q: i am an exempt employee also working hourly wages in ny. In a month with low hourly income can my ...
  A: Not if it is for the same company it cannot be. You can either be salaried or hourly you cannot be ...
ACH payment due date3/2/2009
  Q: Our employer has recently started offering Direct Deposit of wages. Prior to this they would issue ...
  A: This is okay, it is standard. Banks are not generally open to do direct deposit on the weekend. The ...
Do I have to travel and work away from home?3/2/2009
  Q: I work for AT&T. I was originally hired into AT&T Wireless many years ago. That company was bought ...
  A: It would be touch and go whether you would be allowed to collect unemployment benefits if you ...
salary and hourly wages3/1/2009
  Q: i am an exempt employee also working hourly wages in ny. In a month with low hourly income can my ...
  A: The answer is you cannot be both. You are either salaried exempt or you are hourly. The company ...
Unclaimed payroll check3/1/2009
  Q: I recently got a letter claiming I had an unclaimed payroll check. The letter says to call the ...
  A: I would not give them your personal information. If you worked there they already have the ...
changing oral agreements3/1/2009
  Q: I am a Nuclear Medicine Technologist about to accept a temporary position in Fairbanks, AK from a ...
  A: If the recruiter is backing you up than yes, if he is not it is your word against his unless you ...
WAS "Terminated"3/1/2009
  Q: I was just recently terminated from a At Home Position from a company from Colorado. I reside in ...
  A: You contact the Colorado Department of labor, sign up for unemployment and the process will begin. ...
Exempt/PTO2/28/2009
  Q: State = NC. I'm an exempt employee expected by my company to work 46 hours a week. We also have ...
  A: Hours should not matter if the employee is an exempt employee. If you work part of a day you must be ...
Resignation2/28/2009
  Q: I was working for a company (Company A) that was recently purchased. Based on past history of the ...
  A: You can argue the point, but if you accept employment with another company while still working it is ...
NC Exempt employee laws2/28/2009
  Q: What is the law for an exempt employee (professional as computer analyst) in NC regarding hours ...
  A: I could understand the reasoning if you were hourly so that no overtime had to be paid. I do not ...
Can I deduct money owed for services rendered from employee's last paycheck?2/28/2009
  Q: I have an employee who I am considering to terminate. I have provided services to this employee and ...
  A: No I do not believe you can deduct this from an employee's final check. I says below that you ...
employees other job2/28/2009
  Q: I had an employee ask me about unemployment because she was let go of her second job. I did not ...
  A: It is gossip to discuss other's business and not recommended that you do so. Personal business is no ...
to many jobs not enough time?2/27/2009
  Q: i was hired in 2007 as a m.r. clerk my employer has since added 2-3 other jobs to my daily work ...
  A: About the only thing you can do is talk to him about it. With so many layoffs in this time of ...
No Work..Time off2/27/2009
  Q: I work in CA. full time and recently had a payroll deduction of 10% and my hours have been cut. The ...
  A: It is considered a layoff. I don't think they are trying to get you to quit, I think they probably ...
Told to resign or be fired but paid healthcare for 1 month2/27/2009
  Q: Feb 11 I was told that I had the option to resign or be fired. I chose to resign and it was ...
  A: Yes, you paid for insurance for the whole month, you should still have insurance. Send your ...
Working over 55 hours as a salary employee2/26/2009
  Q: I was wondering, if you are a salary employee, and your employer wants you to work 60+ hours a week, ...
  A: Most salaried are exempt employees and hourly are non exempt. By exempt I am referring to the FLSA ...
Holiday Pay2/26/2009
  Q: In regards to holiday pay, does the state of Ohio follow the federal regulations and guidelines?
  A: The decision to offer paid holidays or to pay a premium rate for working on holidays will be ...
salary employee2/26/2009
  Q: I am a salary employee. My paystub reflects 40hrs per week. My manager says I have to work 50 hrs ...
  A: If you are salaried exempt than you are exempt from the FLSA labor law. Being salaried exempt means ...
Travel Pay2/26/2009
  Q: Can my employer pay me a separate rate before and after an eight hour day? For example, I often ...
  A: The very first thing I will say is that California has the most lenient and beneficial rules for ...
Employer's use of PTO2/26/2009
  Q: I am a salaried employee in California. My employer docks my PTO for any amount of absence -- 15 ...
  A: It is correct. PTO is not required by law in California. If it is given California considers it ...
Flex Scheduling vs. Overtime2/25/2009
  Q: Our department would like to pilot a flexible work schedule in order to help our employees better ...
  A: Payroll is correct. The FLSA rules are that the employee must be paid overtime for all hours worked ...
Salary2/25/2009
  Q: I work at a hotel in New Jersey, as a supervisor at the front desk we are obligated to work 9hs a ...
  A: Salaried non exempt are paid for the job. If you leave early they cannot dock you the time because ...
unpaid lunch break2/25/2009
  Q: I work for a large national Co.I am an hourly employee. My manager has just this week installed a ...
  A: Breaks are not required by law, but the law says that if you are not paid for the break you must be ...
duties on/off the clock2/25/2009
  Q: I am a server in a restaurant in California. My manager requires me to do my paperwork, tip ...
  A: Any tipped profession is required to declare tips, that would include busboys, although I am not ...
Time clock2/25/2009
  Q: My employer has just installed a time clock and they are telling me that if i clock in 15 minutes ...
  A: It is illegal for them to alter the time on your timecard or in the computer. They can round to the ...
Payroll Deductions2/24/2009
  Q: Is an employer able to deduct parking tickets from an employee's pay check without the employee's ...
  A: You are not allowed to deduct amounts for parking tickets or anything other than government mandated ...
MT pay stubs2/24/2009
  Q: I have recently relocated to MT for a job. All pay has been directly deposited with a stub that has ...
  A: Paystubs are required and should be given to you with your paycheck. Salaried exempt employees may ...
Question about controversial book in workplace2/23/2009
  Q: A individual in our office was asked to do a team building event to promote excitement in the office ...
  A: It is against the law to discriminate against an employee because of their religious beliefs. You ...
bounced checks2/23/2009
  Q: about a month and a half ago I started working for a professional cleaning company, small and ...
  A: If you do not know how to contact her than I don't know how you will be able to collect your money. ...
Mandatory time off without pay2/23/2009
  Q: I work in Michigan and, instead of reducing our workforce, we have been told that we will all have a ...
  A: They are allowed to tell you which days you can take off. You can probably work with them to take ...
1099 vs. w-22/23/2009
  Q: I am currently working in Michigan as a hairdresser in a small salon. When I was hired on, I was ...
  A: You should be treated the same as the other staff. You should tell the owner that you want those ...
Uniforms2/23/2009
  Q: When I started work I had to pay 15$ for my shirt. But then I heard somewhere that you shouldn't ...
  A: If the shirt has a logo on it and is specifically a uniform and you cannot wear it other places than ...
Lack of a Lunch Break2/23/2009
  Q: Shirley, I work for a company in the state of Missouri that has a work schedule that does not ...
  A: Sorry, but you live in the state of Misery as my parents called it when they moved out west when I ...
pay check2/23/2009
  Q: I work in Florida for a company based out of California,I receive my check in the mail because I ...
  A: They are not trying to bully you into Direct Deposit, although it is much easier and more cost ...
Salary changed to Hourly2/22/2009
  Q: I have been with a wholesale produce company going on 6yrs. We are based out of Detroit,Michigan. I ...
  A: I would contact your local division of the Department of Labor and explain to them what you have ...
changed from hourly to salary.2/22/2009
  Q: I was recently changed from hourly to salary. I noticed it on my paycheck and then later received ...
  A: In order to change you to salary from hourly your job had to be reclassified as an exempt position. ...
Illinois law for part time employees re: sick leave2/22/2009
  Q: I have recently been approached by my supervisor regarding the number of days I've called in sick ...
  A: Illinois is an "AT WILL" state. That means that you can be fired at will and the company does not ...
"back pay" owed2/22/2009
  Q: I am currently employed & "sitting" on paychecks at a struggling company. 1) If my employer shuts ...
  A: You need to file a claim of unpaid wages with the Department of Labor for the check which you are ...
hours worked in a day in ohio2/22/2009
  Q: My daughter is a x-ray technician in ohio. She works 12 hours and is on call the next 12. Can her ...
  A: Written contracts are not required for every job. Your daughter needs to have a talk with her ...
Wage Claim2/22/2009
  Q: I am a 1099 employee commercial truck driver. For one month, my employer has been withholding my ...
  A: Unfortunately if you are an independent contractor receiving a 1099 you need to take the company to ...
Job Hostily and Stress2/21/2009
  Q: I worked for a company for almost two years and my employer was unbearable. Starting in November of ...
  A: It is not legal to change your wages without notice and only while drawing unemployment. It is also ...
Manatory Vacation2/21/2009
  Q: My husband was told by his employer that he had to take a mandatory vacation for 1 week maybe 2 ...
  A: Yes he can. He should have signed up the first week. Their is a waiting week before he can draw ...
social sercurty frud2/20/2009
  Q: my son has been having a problem since 2005 with somebody using his ss number to work. we made ...
  A: This is identity fraud and I have heard some horror stories. It is very hard to get it stopped. I ...
confused2/20/2009
  Q: i own a salon in canada and have a emlpoyee who is on commission and is a hairstylist who is not ...
  A: You are not doing something wrong. You should set up a system where there is an equal division of ...
hourly pay2/20/2009
  Q: My husband work at a restaurant where he is paid 10.00 hr.Sometimes when the restaurant needs a bus ...
  A: If he is working in a tipped environment than he gets 3.25 an hour, but if he does not make enough ...
Salary, PTO, and Docking2/20/2009
  Q: I work for a company in Utah. I am paid salary, but when Hired, was told that I was Straight Salary ...
  A: If you are salaried you must be paid for the whole day if you work part of the day. You cannot be ...
Paystatement Distribution2/19/2009
  Q: my company went to online paystatements or stubs and no longer mails them out...is there any rules ...
  A: As long as you have access to a computer and can get a statement that way they are not required to ...
Estimated Hours Worked2/19/2009
  Q: I live in AZ. I recently started with a company where I punch a time clock. On bi-weekly Wednesdays, ...
  A: You should be paid for the actual hours worked. Time should be cut off on the last day they figure ...
black balled2/19/2009
  Q: i worked at u.s.f holland witch is owned by y.r.c.corp witch owns road way and yellow freight i was ...
  A: I don't know a lot about the trucking business although my husband is a truck driver. What I do know ...
Labor law ca2/19/2009
  Q: Could you please explain in easy to understand terms ca labor code 224. it is confusing.
  A: Section 224 has to do with which deductions can and cannot be deducted from an employee's wages. It ...
Vacation pay - New Jersey2/18/2009
  Q: I've read the several responses where New Jersey does not require an employer to pay out unused ...
  A: If the company has paid other terminating employees than he cannot discriminate against you and not ...
not receiving payroll on time2/18/2009
  Q: i am suppose to receive my check every friday or saturday. Instead it takes an extra 6-7 days for me ...
  A: The company is obligated to mail the check out by payday. When it is mailed out than it really is ...
salaried compensation2/18/2009
  Q: I was recently changed to salaried exempt from hourly. I am salaried at 20hr/week, 40hr/pay period ...
  A: If you are salaried exempt it means you are exempt from the FLSA act and there is no limit to the ...
Fake Money2/18/2009
  Q: I am a server at a very busy restaurant that serves a buffet on the holidays. On Valentines Day a ...
  A: Jen, It might help me to know in which state you are working. Some states do not allow deductions at ...
Payroll error2/18/2009
  Q: I work for a union, in Illinois, and the contractor was paying me one pay rate since August of 2008, ...
  A: Yes, I would argue this with the company. It is not your fault you were given the wrong pay rate. ...
witholding 2 weeks pay2/18/2009
  Q: We work for a Crown Corporation and became permanent employees in 2003, before that we were ...
  A: This is common in the workplace. I hold only a week back on new employees, but many companies hold ...
sexual herrasment2/18/2009
  Q: Fran,yes my wifes boss is the owner of the company.And she has been writing it all down time and ...
  A: I am not Fran, but since this is on my list to answer I will suggest to you what you whom you should ...
paid time off2/17/2009
  Q: I've been working with my company for a year and a half. On my recent paycheck stub it stated that i ...
  A: I would ask to see the policy that says that 7 hours a day is part time work. At our company part ...
Paychecks Routinely Withheld2/17/2009
  Q: The home health agency I work for routinely holds, or threatens to hold, paychecks if employees get ...
  A: Paychecks cannot be held for this reason or for any other reason. The only reason to hold a paycheck ...
Salired Employees2/16/2009
  Q: I read a question you answered about taking off part of a day to take care of personal business. Is ...
  A: If you are salaried exempt and you work part of a day you must be paid for the entire day. The ...
FULL TIME HOURS...2/16/2009
  Q: A FEW QUESTIONS...Seems like this is a shifty company I work for. I am a salary worker, but last ...
  A: Salaried exempt employees do not work by the hour. They work by the job. They can work 50 or 60 ...
hours and days off2/16/2009
  Q: I and some friends work in Colorado. Some of us are hourly employees of a company, some salaried. ...
  A: In a few states, there is a one day in 7 rule that says you must have off one day in 7. Not so many ...
Vacation Pay, layoff in Minnesota2/16/2009
  Q: Our employer never had a written policy regarding vacation time, but has regularly allowed cashing ...
  A: The practice of paying out accrued vacation time does set a precident and if others are paid out you ...
hours and days off2/15/2009
  Q: I and some friends work in Colorado. Some of us are hourly employees of a company, some salaried. ...
  A: The workweek is actually 7 consecutive days. The schedule within those 7 consecutive days is up to ...
work hours2/14/2009
  Q: I was hired as a teacher at a private drug abuse center. I have worked there for 2 years. I was told ...
  A: Yes you can be terminated for not working the hours that are scheduled for your position. Can you ...
schedule vs. actual time reported2/13/2009
  Q: I work for a small company in NW ohio. I am scheduled to work at 10:30 am until 7:30 pm. At time of ...
  A: Okay, I understand that you are being asked to come in two minutes earlier and will be leaving 2 ...
Falsified timesheets2/13/2009
  Q: I work in California in the medical field and time sheets were due recently (ours are filled out by ...
  A: not time sheet information. If any information was compromised it was the error of the person ...
Contract Fulfillment2/12/2009
  Q: I offered someone an hourly wage of $14/hr and it was conditioned on a one year committment, they ...
  A: If you offered them 14.00 I would pay them the 14.00. There is a verbal contract there even if you ...
workers comp2/12/2009
  Q: My fiance was hurt on the job (contract work) and has been out of work for 3 weeks. He was going to ...
  A: He would have been better off with Worker's Comp because not only does worker's comp pay wages but ...
FMLA and Disability questions2/12/2009
  Q: I am in the teaching profession at the high school level. This is my second year at my current job. ...
  A: If you resign your position than you no longer work for the district and you would not be eligible ...
Legality of someone else filling out timecards2/12/2009
  Q: I work in a corporate legal office of 14 attorneys and 20 support staff. Everyone not salaried must ...
  A: The employees should be filling out their own timesheets. The employer is allowed to give ...
PTO cap at year end for California2/12/2009
  Q: What is the law for how many hours an employer can cap the accrual rate for PTO at, for year end? We ...
  A: Your California Labor Relations considers vacation the same as wages. The company does not have to ...
administrative hiring date error2/11/2009
  Q: An administrative error caused an incorrect hiring date to be entered and as a result "undue" ...
  A: Please explain, I do not understand how an incorrect hiring date could cause extra medicare tax to ...
Forced Electronic payroll2/11/2009
  Q: My Calif. company is recently forcing people who do not use direct deposit to accept their paychecks ...
  A: I will answer the question you asked about Direct Deposit. No the state of California does not allow ...
Minimum hours paid2/11/2009
  Q: I was wondering if there is a minimum nuber of hours my employer can schedule/pay me for if I work ...
  A: Whatever their workweek is it should be 7 consecutive days. This is what the FLSA (Fair Labor ...
Pay reduction2/10/2009
  Q: Recently a fellow employee at my work opened my pay stub and saw what i made hourly, this employee ...
  A: I think the person that opened your pay stub should be written up for taking your personal property ...
pay check withheld2/9/2009
  Q: I was recently employed with a truck driving company in utah I live in Arizona. I had an accident ...
  A: They will probably keep the 400.00 for the damage to the truck, but they should not keep your last ...
1099 Employee2/8/2009
  Q: I have been working at my job for almost four years. Until the end of 2006, I was paid off the books ...
  A: I do not know the work you are doing or the arrangement or classification of the position. I do ...
sick time for salaried employees2/6/2009
  Q: Our company requires us to have sick time available or we are docked in pay ... but we are not paid ...
  A: If you are off one full day for personal reasons and do not have sick pay than you can be docked ...
harrassment and pay withheld2/6/2009
  Q: . I have been out sick for a month. My pay check is being held because I am ill, there is plenty of ...
  A: You should not be harrassed for being ill. You should be allowed to draw sick pay and your check ...
CALCULATION OF HOURLY COMPENSATION2/6/2009
  Q: MY EMPLOYER IS USING A COMPUTOR SYSTEM BASED TIME CLOCK, BUT THEY ROUND TO THE FIFTEEN, SO I PUNCH ...
  A: One minute does not seem right at all . We roung to the nearest 15 minutes as does many companies. ...
mandatory pto for sick days and a ding2/5/2009
  Q: can a company make you use your pto when you call in and then give you a ding at the same time. ...
  A: This is legal and it is also very common in the workforce. The government does not "Yet" regulate ...
Mandatory vacation time2/5/2009
  Q: My department is moving to a different floor. While the movers are physically moving our items, we ...
  A: Vacation and PTO time is not required by law. It is a fringe benefit given by the employer. The ...
Direct Deposit voucher2/5/2009
  Q: I have a student who works for Wawa in PA. He states that he doesn't receive a direct deposit ...
  A: This is from PA Labor and Industry FAQ ...
got laid off and need legal counsel2/4/2009
  Q: I was laid off this past money and I just received my severance package in the mail today. The ...
  A: That is standard language on a severence agreement. Read through it and see if it says anything ...
Fraudulent Time Card Punches2/4/2009
  Q: I understand "buddy punching" is not allowed on a timecard as the timecard is a legal document and ...
  A: Businesses must pay workers for all hours worked. It is not legal for a supervisor or employer to ...
Warn Act2/4/2009
  Q: My Husband was recently laid off from a company in TX last week effective immediately.The reason was ...
  A: The warn act only applies to large corporations laying off a large amount of workers. It would not ...
Employer withheld taxes but didn't pay in2/4/2009
  Q: My former employer refused to pay my last check because it was overtime and he would only pay me ...
  A: I would contact the same people you contacted in court for the wages settlement and tell them about ...
funeral pay2/4/2009
  Q: i just had my x-husband die. i took off three days. can i get atleast one day for this in pay? 2-i ...
  A: It would be up to the company if they would pay you for a day for the funeral. Some companies have ...
Bi-monthly payroll2/3/2009
  Q: Recently the firm I work for gave us an extra check last year only saying that they had missed two ...
  A: When there is a leap year involved it is one day and it is only once every 5 years. I still don't ...
time between turning in payroll and payday.2/3/2009
  Q: I am the department head in a small KY company where I have several hourly employees, who are paid ...
  A: In March my timesheets are collected on th 7th and payroll is paid on the 14th, that is one week, ...
Bi-monthly payroll2/3/2009
  Q: Recently the firm I work for gave us an extra check last year only saying that they had missed two ...
  A: Whether days were missed would actually depend on when the pay period ended and when the paydays ...
Overpayment of wages after termination2/3/2009
  Q: An employee receives 4 final checks in the mail after termination. When the mistake is discovered ...
  A: 4 checks is a pretty large mistake. First the employer should find out why 4 checks were sent out ...
work bonus2/3/2009
  Q: As an incentive my boss offered me a monthly bonus. We compare the total collections from each ...
  A: All moneys including bonus checks are considered wages and taxable. They should have been taxed and ...
non payment for hours worked2/3/2009
  Q: My wife and I have been working for a construction company for the past eight years. our work week ...
  A: If you are not paid for working than you can file for unemployment as you cannot work for free. You ...
Payroll policy change2/2/2009
  Q: On 12/10/08 my company decided to change their payroll policy from every other week to bi-monthly. ...
  A: If you have received your total salary for 2008 than you are not owed anything more if you are ...
Payroll policy change2/2/2009
  Q: On 12/10/08 my company decided to change their payroll policy from every other week to bi-monthly. ...
  A: The new pay period will incorporate more than 80 hours a pay period. Dec 14, 15, 16 should be paid ...
Changing my Timecard2/2/2009
  Q: first off. I work in New York City at a drug store and I just found out that my store manager has ...
  A: I would have the people with cut hours send a letter to the Department of Labor in your state, if ...
Changing my Timecard2/2/2009
  Q: first off. I work in New York City at a drug store and I just found out that my store manager has ...
  A: HR should not have called him but should have done an investigation and questioned everyone involved ...
Salaried Non-Exempt vs. Hourly2/2/2009
  Q: If someone is considered a salaried non-exempt and only get paid half-time for overtime and then ...
  A: Salaried exempt do not receive overtime, they are not eligible for overtime at all. Salaried ...
Changing my Timecard2/2/2009
  Q: first off. I work in New York City at a drug store and I just found out that my store manager has ...
  A: It is against the law to retaliate against an employee for filing a claim against the employer. It ...
my store supervisor2/2/2009
  Q: I work as a cashier in a supermarket in Michigan and I have a growing problem with the store ...
  A: The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. Discrimination ...
pay stub2/1/2009
  Q: I understand some states do not need to issue pay stubs. Would that depend on the company's state ...
  A: The state in which you work is the state in which payroll rules apply. The Texas Minimum Wage Act ...
last paychecks1/31/2009
  Q: when an employee is terminated from a job...when does the employer have to have his last paycheck ...
  A: Georgia is an employment at will state. This generally means that either party without notice and ...
Not getting paid for hours worked1/31/2009
  Q: I have been working for a company since June of 08 and for about the last two months I have sent my ...
  A: If you are not getting paid your correct wages than you need to speak to the payroll department and ...
State taxes for 1099's1/30/2009
  Q: Our company (LLC)is based in PA. We find contractors from all over the US to work in various ...
  A: This is always a confusing topic. The American Payroll Association has seminars on this subject for ...
Lay-off date changes1/30/2009
  Q: My company decided to relocate their accounting offices to another city and I + several other ...
  A: Ask for it in writing. Tell the company that if they wish you to stay you need it in writing that ...
last paychecks1/30/2009
  Q: when an employee is terminated from a job...when does the employer have to have his last paycheck ...
  A: Bill, This is a state law. The states each have their own laws that determine when a final check ...
Work Without Pay1/30/2009
  Q: Our company has instituted a "no overtime" policy. I can't get help and I can't get my work done in ...
  A: It is against the law for you to work without pay. You cannot volunteer to do it for free. If you ...
Commission pay1/30/2009
  Q: I work for a company in Ohio as a commission only sales person. Every year territories are ...
  A: It does not hurt to ask and get your answers so you know how the plan works. I would go to Human ...
base pay1/30/2009
  Q: I am a union hourly shift worker (12 hr shifts)we work rotating shifts days and nights, 2 times a ...
  A: Overtime is not considered base pay. Base pay is your hourly wage that you are paid. When they pay ...
not getting paid for work i did1/30/2009
  Q: I use to work at Aeropostle in myrtle beach and I've gotten my last paycheck and everything is fine ...
  A: There are a couple of things you can do. First you can file a claim for unpaid wages with your ...
Unemployment Hearing... Please Help1/29/2009
  Q: I was terminated from my employer in Florida. I received 3 letters of discipline within a year. I ...
  A: I would say to try and find another job right away. Intentional or not even the two non intentional ...
Worked free for experience1/28/2009
  Q: Is it illegal in any country to work free without being paid, just to gain experience? I had worked ...
  A: This happened 10 years ago and the company has employed you for the past 5 years. I think it is a ...
Resignation1/28/2009
  Q: I have at-will agreement with my former employer in Texas. I gave two-week notice about my ...
  A: The at will means that either person can terminate at will which is whenever they wish to do so. ...
Wage Act1/28/2009
  Q: I am not sure if you can answer but I will ask anyway. I am located in Lincoln, NE. The company I ...
  A: The Nebraska Supreme Court recently determined that "accrued vacation time," which is part of an ...
Pay Stubs1/28/2009
  Q: I live in Virginia. I have worked for a small company (6 employees) for 4 1/2 yrs. I have received ...
  A: Your local department of labor would enforce the labor laws. In most states deductions cannot be ...
vacation time payment rules1/27/2009
  Q: We offer 40 hours of sick time/year and 80 to 160 of vacation time based on legnth of service. We ...
  A: Salaried employees are not based on 40 hours a week and not on 8 hours a day. They are not based on ...
pay reduction1/27/2009
  Q: I work in Florida. My employer has substantially reduced my pay. The only explanation is that the ...
  A: It is not against the law for an employer to reduce wages. The law only says that you must be paid ...
Failure to clock in and out1/27/2009
  Q: We have employees in Missouri and Arkansas who continually fail to clock out. We have retail ...
  A: They still have to be paid even if they do not clock out. It is not legal to not pay them. The ...
vacation pay1/27/2009
  Q: Does an employer still have to pay you your unused vacation pay if you quit without a notice or a ...
  A: Whether or not you are paid vacation pay depends on which state you work in and the policies of the ...
FLSA violation1/26/2009
  Q: I work as a paralegal in Colorado. In our policy manual, attorneys and paralegals are considered ...
  A: Salaried exempt employees are paid by the job and not by the hour. If hours are cut on Friday than ...
deducting 3 hours of pay1/26/2009
  Q: I asked why my hours were short 3 hours that I had worked. I was told that because labor was high ...
  A: This is illegal, employees cannot be docked pay because salary is high. If the employee works he ...
FSLA , Vacation Pay at termination of Employment1/26/2009
  Q: I have resigned my position at work and my employer is requiring me to take three days of Vacation ...
  A: Vacation pay is a fringe benefit. It is not required to be given by law, but it is given by the ...
Federal & State withholding1/26/2009
  Q: In the beginning of 2008 my company was taking Federal and State taxes out of my paycheck, then ...
  A: You are liable for the taxes it is on your income. It is the employee's responsibility to check ...
Payroll schedule1/26/2009
  Q: I work for a company in Houston Texas and we currently had our pay schedule changed. Was there a law ...
  A: I could find no law within the State of Texas statutes that address's this question. Since there is ...
w-2's1/26/2009
  Q: McAllister. I worked for Steak and Ale. They filed chapter 7 in July of 2008 without any notice to ...
  A: You can contact the IRS at their online website. They will tell you what to do if you need to file ...
Vacation pay.1/25/2009
  Q: Because of a hostile working environment, I recently left my job. I worked one day in January, then ...
  A: It depends on the state you live in and the vacation policy of the company. If you have a contract ...
no notice1/25/2009
  Q: I live in an "at-will" state where an employer can fire employees at any time for any reason. But ...
  A: There are a few reasons why notice is not given: #1. Unfortunately when notice is given to an ...
unemployment question1/24/2009
  Q: "I filed in November of 2008 for unemployment benefits when I was laid off from my sons business. I ...
  A: The New Jersey Unemployment laws as well as the Federal Unemployment laws have said that a father ...
Unpaid Commissions1/24/2009
  Q: I resigned from my employer the first of January 2009. They owed me over $12K in commissions for ...
  A: You need to find out from them what the deductions were for. Insist that they give you something ...
Califorina time and a half holiday question1/24/2009
  Q: what holidays do employees get time and a half? and do they have to work full time to qualify?
  A: There is no requirement by law to pay a premium pay for work done on a holiday. It is considered a ...
vacation pay after termination1/23/2009
  Q: I was fired on 01/13/2009 for a no call, no show, on 01/13/2009. I have a slip that granted me 5 ...
  A: Whether or not vacation pay is paid depends on state rules. For the most part they go on the policy ...
Withholding reimbursement pay for disciplinary reasons1/23/2009
  Q: Working for a non-profit agency in California, a new policy came out stating that the company would ...
  A: If you are not reimbursed mileage by your employer you may use the mileage documentation to take it ...
Withholding reimbursement pay for disciplinary reasons1/23/2009
  Q: Working for a non-profit agency in California, a new policy came out stating that the company would ...
  A: Reimbursement is not considered salary or wages. None of the employment laws covering wages will ...
Hiring freeze + mismanagement = stress and mismatched responsibility/pay scale/job description1/23/2009
  Q: Before the hiring freeze I was verbally approved to take over a position after someone left. We ...
  A: You need to talk to HR and see if they can help. An attorney cannot help you as there is no ...
employee file1/22/2009
  Q: I had heard that a person is entitled to a copy of the contents of their employee file, not only ...
  A: Florida does not require that the employer show the employee their personnel file except "Employees ...
Unpaid Overtime Wages1/22/2009
  Q: I recently was advised of the FairPay Rule that states that the minimun salary to be excluded from ...
  A: I don't know if you will be able to now go back and collect on overtime wages or not. You would have ...
vacation days1/22/2009
  Q: Can a company force an hourly employee to take two vacation days to go to a doctor's appointment?
  A: Vacation time is a fringe benefit given by the employer. It is not something that the law says the ...
Vacation pay1/22/2009
  Q: I have worked for a company for 18 years. Each January 1st my vacation resets. As of January 1,2009 ...
  A: It makes a difference if you are working in Wisconsin. In Wisconsin if the employer has paid other ...
Vacation pay1/21/2009
  Q: I have worked for a company for 18 years. Each January 1st my vacation resets. As of January 1,2009 ...
  A: This would depend on which state you are working in because there are no federal laws regulationg ...
Grandfathered Vacation Time1/21/2009
  Q: I live and work in Colorado. My company changed to a PTO policy last year and allowed employees to ...
  A: The statement below is a copy of the Colorado Statute which pertains to vacation pay. It says that ...
Breaks1/21/2009
  Q: I work for a call center in NY, we have been advised that we cannot take a break to use the ...
  A: OSHA rules say that bathroom breaks must be given when necessary. It is not legal for them to deny ...
salaried managers1/20/2009
  Q: I am on salary and have paid people in the past to work for me so I would not have to make up my ...
  A: This is not a legal practice and should not have been done. It is illegal to clock in and out on ...
Salary Pay re: Time off1/20/2009
  Q: ..I recently started working for a company and I'm paid as a salary employee. I had to take 3 days ...
  A: Salaried exempt employees must be paid for any day that they work part of a day. They can be docked ...
Nonpayment of earned compensation1/20/2009
  Q: My employer claims he has no money to pay for the last two months of my work - yet I believe he has ...
  A: There are a few options available to you. First of all you can file for unemployment since you have ...
Cut Wages1/20/2009
  Q: I am currently employed as a salaried employee. My company feels they should deduct a days pay from ...
  A: Hours cannot be deducted from a salaried exempt employees pay if they leave early. They are paid by ...
Non-exempt vs. Exempt employees1/19/2009
  Q: Can you explain what records an employer is required to keep on an exempt employee? Can an employer ...
  A: An employer can require an exempt employee to clock in and out but cannot act on the hours as if the ...
Age Discrimination1/19/2009
  Q: St. of Fl - I was recently let go due to so called "budget cuts". Two other people (both w/poor job ...
  A: It could take some time for the EEOC to determine if you have a case. If there are others that have ...
Age Discrimination1/19/2009
  Q: "I understand that a person has 300 days to file regarding age discrimination. I was passed over for ...
  A: You would need to file your claim with the EEOC. They will investigate the claim. If they find that ...
PTO1/19/2009
  Q: "I have read the company employee hand book and it states the following, "The company provides paid ...
  A: It depends on whether or not they have paid other employees that terminated for their PTO. If they ...
Age Discrimination1/19/2009
  Q: "St. of Fl - I was recently let go due to so called "budget cuts". Two other people (both w/poor job ...
  A: If there are layoff's you would have a hard time proving that it was for age discrimination rather ...
Unemployment and reduced hours1/19/2009
  Q: My sister-in-law was working at at check cashing place and working 40 hours. They cut her hours to ...
  A: If her hours are reduced she can draw unemployment for having her hours reduced. The only way she ...
PTO1/18/2009
  Q: Am I entitled to be paid for my PTO acquired after I'm terminated from employment? ANSWER: That ...
  A: In the state of Texas the law reads that you are paid upon termination for this type of fringe ...
Changing Payroll Without Prior Notification1/18/2009
  Q: Is it legal in California for an employer to change the payroll from weekly to bi-monthly without ...
  A: The employer needs to let the employees know about the change before any work is performed on the ...
laid off & w-21/18/2009
  Q: I live in Michigan and was laid off in February 2008. The company closed it's doors for good in ...
  A: I would wait until after January 31st and a little while longer to give the W-2 time to reach you. ...
Fair Labor Act Laws in Arizona for Pregnant Women1/18/2009
  Q: Here's my story in short - I am seven months pregnant and my boss just told me today that he decided ...
  A: I would call the department of labor and file a pregnancy discrimination claim. I would also hire ...
Age Discrimination1/18/2009
  Q: St. of Fl - I was recently let go due to so called "budget cuts". Two other people (both w/poor job ...
  A: You may have a case for age discrimination. My suggestion would be to find an attorney with ...
Pregnancy Discrimination1/16/2009
  Q: I am in the early stages of pregnancy. I work in California in management, and have worked for my ...
  A: It is not legal for him to discriminate against you and terminate you because of a pregnancy. If he ...
PTO1/16/2009
  Q: Am I entitled to be paid for my PTO acquired after I'm terminated from employment?
  A: That would depend on a couple of things. #1. The PTO laws are different for each state. It would ...
vacation cash out and payroll deductions1/16/2009
  Q: My employer's policy is to cash out accrued vacation upon separation. Is this cash out subject to ...
  A: Yes if vacation is cashed out upon separation all the same deductions as payroll exist. In addition ...
Salary Review1/15/2009
  Q: I was recently declined a raise. I was told in the meeting that though I had performed ...
  A: It is not against the law for the employer not to give a raise. The law simply states that you must ...
where you're headquartered vs where you work and PTO payout1/14/2009
  Q: We are looking at adjusting our PTO payout on termination policy and I am finding that following ...
  A: There are no federal laws regarding PTO and termination, the only laws are state laws. The laws ...
family medical leave/vacation1/14/2009
  Q: At our company employees earn vacation monthly, either 1/2, 1, 1 1/4, or 1 1/2 days per month ...
  A: They cannot do this, they must put you on FMLA if you are eligible for FMLA. They can require that ...
Final Paycheck1/14/2009
  Q: We have an employee who has resigned. During her employment the company has given her tuition ...
  A: This is not legal to do. You may only deduct one payment out of each of her last paychecks. you ...
Exempt - PTO1/14/2009
  Q: state = NC I am an exempt employee, and I generally work 45-50 hours per week during the busy times ...
  A: Salaried exempt employees are not paid by the hour. PTO time is used in full days and half days not ...
Multiple Violations(I think)1/13/2009
  Q: I live in Michigan. I recently left employment with a 5 store secondhand retail chain. After ...
  A: This sounds like a terrible place to work, however, the Michigan Department of Labor is the agency ...
Severance Agreements1/13/2009
  Q: Shirley, In general, do you recommend that salaried employees sign a Severance Agreement or should ...
  A: Read over the severence agreement and if you are in agreement with what is said and have no problems ...
Holiday pay and Overtime1/13/2009
  Q: I actually worked 49 hours during the week with Christmas in it. I received my check and found that ...
  A: Holiday pay is not counted toward overtime. You should be paid for 40 hours regular time , 8 hours ...
salaried employes1/12/2009
  Q: My husband is paid on salary and the company he works for decided to close the day after New Years ...
  A: There are different places you can find the information, but this is the one that explains it the ...
Mailing a check1/12/2009
  Q: If an employee quits by no call/ no show, am I required to mail her check to her? It has been here ...
  A: Unless you want her to put in a claim for unpaid wages with the Department of labor I would mail the ...
Mandatory Shut down days1/12/2009
  Q: My wife's company has notified their respective employees that they will be conducting random shut ...
  A: They are eligible to draw unemployment. You have a waiting week, than you have a percentage which ...
Holiday pay for people who work four ten hour shifts1/12/2009
  Q: I work four ten hour shifts weekly as a sonographer (Ultrasound) in a hospital however I am a ...
  A: It is legal. The company policy says that you are paid for _______amount of holidays. They are paid ...
Full Time empl. status and PTO benefits1/11/2009
  Q: Can an employer dictate staff clock 40 hours of work time to qualify for benefits? And if staff ...
  A: No this is not okay. It should be the same for all employees. If it is only for those with ...
Bad payroll checks1/11/2009
  Q: Within the past few months I was laid off from my restaurant job. It closed due to poor management. ...
  A: You are responsible to pay the check cashing place, although the check should have been good , it ...
hiring discrimination1/9/2009
  Q: I work for a small business in Oklahoma who is currently hiring for a specific position. We have an ...
  A: If there is not way that she could meet the qualifications of the job than document it. Document the ...
Bank Fees on Payroll Checks1/9/2009
  Q: The bank which our employee checks are drawn on is charging 6.00 for cashing employee checks - thus ...
  A: The issuing bank should not charge a fee to cash a check for someone if they go to the bank on which ...
Half day increments for PTO1/9/2009
  Q: I was just informed that in the State of California you are not allowed to take your PTO time in ...
  A: This is not true unless there is something new I don't know about. PTO is given to the employee by ...
changing pay periods1/8/2009
  Q: My company was bought out by a bigger company. The new company changed our pay periods from bi ...
  A: You should have been told before any work was done under the new company. It is not right to put you ...
Final Pay Stub1/8/2009
  Q: I was recently laid off from my job in Tennessee. My final paycheck was deposited into my account ...
  A: Tennessee law does not say that a pay stub is required. They do not address it in their payroll ...
laid of while ill1/7/2009
  Q: I live in Ontario and have been working in a company over 1 yr. Recently, I became ill and have been ...
  A: I would contact Human Resources Canada and talk to them about it. I do not believe that it is legal ...
Payroll Errors1/7/2009
  Q: I work in Wisc. for an airline based in Texas. I (and many other employees) are habitually cheated ...
  A: If you all go to Workforce Texas and file a complaint than they will probably do something. My ...
hourly employee pay.1/7/2009
  Q: I am a small business owner in Virginia, and I furnish vehicles for use by my crews. They drive the ...
  A: Generally you do not have to pay for the time to drive to work and home again. It might get ...
Privacy review issues1/7/2009
  Q: I am a professional with extensive management background and have come across Something very ...
  A: There is a law that says you may take a co worker with you to such a hearing, but it is not mandated ...
re: Being paid on time in general and during Hollidays1/6/2009
  Q: My pay dates are the 1st and the 16th. My employer has paid us late on several occasions. During a ...
  A: You may have had taxes taken out on the Draw, but it was called commission payment and not a draw. ...
pay stubs needed from business that is closed down1/6/2009
  Q: I am a former employee for a resteraunt that is no longer open. My problem is that I need my last ...
  A: The company is the only place that would have a copy of the pay stub. If you cannot contact someone ...
Tution Reimbursements and final check1/6/2009
  Q: In California if you give two weeks notice can your company legaly withold your final pay check to ...
  A: No they cannot do this. There is a stipulation that if you did not give 72 hours notice before you ...
False reporting1/5/2009
  Q: I was offered to be a partner in a dry cleaning business here in TN. The partner, said I would ...
  A: The Tennessee Department of Labor are the ones that enforce the labor laws. Each state has different ...
termination of vacation, sick and holiday benifits1/5/2009
  Q: I have been working at the same job 3 years and every year i take my vacation in January. Last week ...
  A: Vacation is considered a "Fringe benefit". It is not the same as insurance benefits. It is something ...
Final Pay in State of VA1/5/2009
  Q: If my last day of work was in December, doesn't my employer have to pay me in December 2008. My ...
  A: Your employer is allowed to pay you on the next regular payday. It will not cause more social ...
benefits and payroll1/5/2009
  Q: My company is changing its policies in 2009. They are going to pay 50% of benefits. They way they ...
  A: The benefits should not be taken from the hourly amount. They should be deducted from the check ...
direct deposit1/4/2009
  Q: Three weeks prior to my payday I submitted a change of direct deposit to my company. I had closed ...
  A: This is why I do prenotes on any new accounts. I make sure it goes through and issue a paper check ...
PTO listed as Holiday Pay1/3/2009
  Q: My husbands company has a Paid time off policy of 23 day per year. However on his pay stubs they ...
  A: If it is a mistake and they just simply typed in the wrong account, yes they are allowed to fix a ...
overtime pay in NC1/1/2009
  Q: Yes I recently started working for a hotel, and we are on a 80 hour work week. Sometimes I clock in ...
  A: The overtime should be figured on a 40 hour week. If you worked over in one week that you should be ...
memployees1/1/2009
  Q: I am starting a new job in California where I have just moved. I read your previous answer to ...
  A: I do not deal with commissioned only employees, but since you are also earning a base pay you should ...
Payday lands on holiday12/31/2008
  Q: If a payday falls on a holiday can an employer pay you later then your normal payday? Since ...
  A: What day is your normal payday? If it is on Friday than the 2nd is the correct payday. Although ...
Payroll while on business trip12/31/2008
  Q: My job (Texas) requires that I travel frequently to perform my duties. Many times, I have been in ...
  A: The law does not require a company to offer direct deposit. A check is a legal way to pay an ...
Overpayment of wages - final pay - CA12/31/2008
  Q: I submitted my letter of resignation on 12/17/2008 and my last day of work was 12/24/08 (did not ...
  A: They can deduct an overpayment from your account. I would make sure that they know they have ...
Check Release | Texas12/30/2008
  Q: Good Morning, I work for a school in Dallas, TX and have an issue with "live" paychecks being ...
  A: The federal credit law says that it is illegal to give out a post dated check. Sometimes I give out ...
payroll being cut12/30/2008
  Q: I recently got laid off from a job that I had been at for 4-4 and half years.My salary had been the ...
  A: First you need to call the company and find out if it is a mistake and if they will cut another ...
Medical Ins. dropped12/30/2008
  Q: My old employer stopped paying for medical coverage and never told employees. I am stuck with ...
  A: Call the Department of labor and tell them that you wish to file a non compliance with Cobra claim. ...
Half Day Paid Time Off laws in California12/29/2008
  Q: I was hoping you would help clarify what the laws in California are regarding half days for ...
  A: PTO is paid by the employer. The salaried employee must be paid for the entire day if they work part ...
Legal Obligations to reinstated Employees12/29/2008
  Q: I work for Circuit City which as everyone knows is having huge financial issues. Well the store I ...
  A: Do not sign anything. They are trying to get out of paying you unemployment. Tell the department ...
Non-payment of wages12/29/2008
  Q: I worked at a company as their receptionist for over 6 months and on November 25th we gathered for a ...
  A: I suggest you check in with the department of labor and see if they have heard anything from the ...
partial unemployment and sick time12/29/2008
  Q: I am working part time for a company that demoted me and cut my hours from 40 a week to 4 a week. ...
  A: If your hours are cut you are not absent from work when work is available. If your hours are cut ...
Legal Obligations to reinstated Employees12/28/2008
  Q: I work for Circuit City which as everyone knows is having huge financial issues. Well the store I ...
  A: PTO is something which is considered a fringe benefit and in most states except for California you ...
Vacation Deduction12/22/2008
  Q: I am a salaried employee in Texas. Four months ago I took 16 hours PTO and according to my paycheck ...
  A: They can only deduct them one time. Have them prove to you that they have not been deducted. If ...
Last check withholding WI12/22/2008
  Q: I have googled my current situation and it is basically the same as read here. ...
  A: If you were advanced money on your wages than the company is allowed to recoup the advance. This is ...
Lunch Breaks12/22/2008
  Q: I am a nurse, recently our administration started to take 30 minutes out of each shift for lunch and ...
  A: The Fair Labor Standards Act says that you must be paid for all the time you work. If you work ...
Employer owes back wages in excess of $10k12/22/2008
  Q: My current employer in AZ has missed multiple pay periods over the last 2 months. I have researched ...
  A: Pay cuts are legal, you do not have to sign anything for a pay cut, the company simply must tell you ...
salary reduction12/22/2008
  Q: I presently earn a salary and commission.I work in the automotive field.The service department I ...
  A: The company can cut pay as long as you are notified before you have done any work under the new ...
late payroll checks12/20/2008
  Q: My wife works for a restaurant waiting tables. They get their paychecks by weekly, some days the ...
  A: If talking to the company management does not help, you can contact the Department of labor and see ...
Vacation pay12/20/2008
  Q: I recently took vacation in September for the year of 2007. October 25th of 2008 I would have ...
  A: The Nebraska Supreme Court recently determined that "accrued vacation time," which is part of an ...
terminationated from a school bus job in ohio12/19/2008
  Q: I was terminated for the vague reason of not completing the required 90days. Yet I was fired before ...
  A: If you worked until Friday than your final check could be paid on the 2nd of January as that is the ...
Holiday Pay12/19/2008
  Q: The day after Thanksgiving is a "paid" holiday for our company, so in the past if any employee ...
  A: You are not required to do so, however, if you pay some for not working and some have to work it ...
Delayed Paychecks12/18/2008
  Q: Due to bad weather, our paychecks are delayed. What are the regulations in CA in regards to ...
  A: California laws say that payroll must be paid on the paydates, however, if it is due to a delay in ...
Lunch Punches12/18/2008
  Q: We are a medical practice. Administrative staff works 8a-5p and clinical staff works 8:30a-5:30p. ...
  A: The lunch period is for their benefit. It is hard to get them to take it. You cannot deduct it ...
PTO Policy Change12/18/2008
  Q: I work for a small California non-profit corporation. There is one exempt employee and four ...
  A: Vacation and PTO time is considered a fringe benefit. The employer can pay it to you when he wishes. ...
salary employee12/18/2008
  Q: is there a law stating that an salaried employee to be compensated for time over 45 hrs. a week?
  A: If you are salaried exempt you work by the job and not by the hour. You can be asked to work for any ...
Signing time sheets12/18/2008
  Q: Does an employee have the 'right' not to sign a time sheet until the time has been worked? Time ...
  A: No one can be forced to sign anything they do not want to sign. However, if you do not sign and ...
Holiday - exempt employee Texas12/17/2008
  Q: Our hospital has 6 holidays. Exempt employees were told they would now have to use their PTO for ...
  A: PTO is considered a fringe benefit given to employees. Because it is not wages employers may tell ...
direct deposit laws12/17/2008
  Q: Is it true that a company must request either a voided check or letter from my bank with routing ...
  A: It is not a law, it is a policy. If you work for the company than you must follow company policy in ...
Wages12/16/2008
  Q: I live in Florida. I recently left my sales position to relocate. I was paid an hourly wage. We were ...
  A: It is not legal, however, it may be easier to return the shirts. you worked in Florida. They do not ...
termination or abandonment12/15/2008
  Q: I work as a Physician Assistant in the state of Florida. I am 60 days into my 90 day probationary ...
  A: This is unfortunate. I think I would talk to an attorney just see what he would say about it. You ...
garnishment12/14/2008
  Q: I have been on permenent dissability since april of 2007,can an employer garnish your last vacation ...
  A: What is the garnishment for? If it is for child support or for a court ordered garnishment he can ...
consective work days without time off12/13/2008
  Q: I have worked for a new car auto dealer in Las Vegas for 3 years as a Service Writer. Our normal ...
  A: Can all the employees go to the management and talk to them. Perhaps the ones working every other ...
Two weeks notice12/13/2008
  Q: I put in my two weeks notice written and verbal. Three days before my two weeks was up the manager ...
  A: She does not have to allow you to work the 3 days and she does not have to pay you for them. You ...
minnimum wage/unpaid checks12/12/2008
  Q: I actually have 2 questions. 1) I worked for a resturant where somedays I would leave making no ...
  A: It is the federal FLSA law that says you must be paid at least minimum wage whether or not you earn ...
Exempt PTO time12/12/2008
  Q: Is it legal to require an exempt employee to use PTO when they are out of the office for a couple of ...
  A: The salaried exempt employee must be paid a full day when he/she works part of a day. The law does ...
tip pooling laws12/12/2008
  Q: While you replied that "Tip pooling is a state law not a federal law. The state sets the laws for ...
  A: Tips are considered wages. State law decides how these wages are earned and paid. Tip Pooling is a ...
Hours Worked by Salary Exempt Emloyee12/12/2008
  Q: I am a salary exempt supervisor. I am told by payroll that my salary is based on 2088 hours per week ...
  A: If you are salaried exempt than you are not working any amount of hours. You are paid an annual ...
Insurance premium deductions12/12/2008
  Q: How much notice does an employer have to give to employees when it intends to increase the employees ...
  A: It should be done during open enrollment. That is when the new charges are given to the employees. ...
Excessive bathroom breaks12/12/2008
  Q: Can an employee be required to clock out for bathroom breaks? This employee abandons her position ...
  A: OSHA requires bathroom breaks whenever needed. It sounds like this could be an employee issue for ...
illegal deductions12/12/2008
  Q: Iam an over the road truck driver with my own truck i am currently signed on with Mason and Dixon ...
  A: You need to take copies of the paperwork that showed it was the amount agreed upon and send it to ...
worked 1.25 hours in a day, salary?12/11/2008
  Q: I am an employer in Texas and recently terminated a worker based on failing a drug test. He worked ...
  A: If salaried employees work part of a day they must be paid for the whole day. Yes, you have to pay ...
paid time off NOT vacation time12/11/2008
  Q: can you state as an employer to PTO to employee when to use in state of California?
  A: The state of California says that PTO must be treated the same as vacation time. Here is what is ...
Recieving pay stubs12/11/2008
  Q: I am a nurse at a hospital and was recently informed that I will no longer receive my pay stubs by ...
  A: It is legal to distribute pay stubs electronically, however, you must have access to a computer , ...
Paid Time Off for Exempt Employees12/11/2008
  Q: The company is considering closing on Dec 26th and Jan 2nd, can we deduct vacation hours from EXEMPT ...
  A: Exempt employees can be asked to use vacation pay for the time off. They must be paid, but it ...
Vacation pay12/11/2008
  Q: I work with Spherion, a staffing company. Under their guidelines and policies, after 1 year of ...
  A: If they changed Federal ID #'s they are a new company. If they are using the same ID# and just ...
Submitted resignation letter, than hours were cut12/11/2008
  Q: I have been a full time, 40 hr/wk hourly employee working for a hotel in Florida. I submitted my 2 ...
  A: The employer can let you go the minute you hand in your resignation if he so wishes to do so. ...
salary reduction12/10/2008
  Q: I am a salaried retail store manager in the state of Missouri. I was injured at work and have filed ...
  A: Your employer can pay you less for the lesser duties. However, you can collect partial disability ...
Compliance of HR12/10/2008
  Q: QuestionCan an HR Director deduct money from your paycheck without notifying the employee? The ...
  A: It is legal and correct for any one in the job of Human Resources to round time to the nearest 10 or ...
Salary vs overtime12/10/2008
  Q: A co-worker was in an hourly position, making overtime. Now the employer wants her to become ...
  A: The employer can change the employee to Salaried if her job meets the requirements for an exemption ...
Exempt employees required to fill out a time card12/9/2008
  Q: We have manager/mechanics that supervise and one that owns stock in our company. We always pay ...
  A: Exempt employees can be required to fill out time sheets, however, they cannot be paid or docked by ...
overpayment of salary12/9/2008
  Q: In June 2008, our Canadian company overpaid an employee by approximately $17,000 gross. Because the ...
  A: This is a company error and it went undetected for 6 months. I wouldn't hold much hope out that you ...
vacation pay cash-out for lay off12/9/2008
  Q: my boyfriend has just been laid off. According to his last 3 months of pay stubs he has 80.00 hours ...
  A: The law does not require vacation time to be paid out unless the company has a policy that says they ...
laid off after 60 days of employment12/9/2008
  Q: My husband was offered and took a job last September and without notice was told two months later ...
  A: There is nothing you can do to get them to pay him extra pay. At will means either party can ...
Compliance of HR12/8/2008
  Q: QuestionCan an HR Director deduct money from your paycheck without notifying the employee? The ...
  A: HR and Payroll can round the time to the nearest 10 minutes or 15 minutes on the timesheet. Either ...
Involuntary Termination of Employment12/8/2008
  Q: I was terminated on Friday and it is now Monday but I have no paycheck. I've read they have 24 hours ...
  A: An employee who is discharged must be paid all of his or her wages, including accrued vacation, ...
Paying out PTO Upon Termination12/8/2008
  Q: My company is in the state of Florida and we are trying to find out what the state law requires on ...
  A: The state of Florida has no statute requiring the payout of PTO or vacation time at termination. ...
Fairness in termination12/7/2008
  Q: I was recently terminated for violating company policy that has been violated by many other ...
  A: Patty it sounds like you may have a gender based discrimination claim. If the other employee is male ...
Bonus12/7/2008
  Q: I have been with Walmart for 10 months and I went on maternity leave October 21st and I had my baby ...
  A: You should still get a bonus the same as everyone else. However if it is tied to productivity and ...
Discrimination wrongful discharge12/6/2008
  Q: What is the statue of limitation for wrongful discriminatory discharge? I was wrongfully discharged ...
  A: What you can do is find an attorney that will give you a free consultation and take the case on ...
PTO - carryover of hours from one year to next12/6/2008
  Q: I work for a nationwide medical transcription service, MedQuist, and accrue PTO hours throughout the ...
  A: The state of Illinois does not require that PTO be paid. If the company does pay PTO than they must ...
salary overpayment, education12/6/2008
  Q: I am a teacher in New York state and was overpaid in June of 2008. I want to know how much I need to ...
  A: They put the amount of taxes withheld on your W-2, including the overpayment of fica/medicare. You ...
summary of Hours Worked12/5/2008
  Q: I work in a Kansas Nursing Home as an LPN.Several mistake have been made by our Human Resource's ...
  A: This is not true. You must be paid for your time worked even if the time is not recorded. However, ...
Bi-Monthly TimeSheets12/5/2008
  Q: Shirley- I work for a law firm in GA and we are needing a bi-monthly timesheet for calculating OT. ...
  A: There is no easy way to track overtime with a bi-monthly or semi-monthly as it is commonly refered ...
salary overpayment, education12/5/2008
  Q: I am a teacher in New York state and was overpaid in June of 2008. I want to know how much I need to ...
  A: They can file a form to get back the amount they matched the fica and medicare but they cannot get ...
Former Employer Delaying Profit Sharing Rollover12/4/2008
  Q: I left a former employer 3 years ago. In July 2008, I submitted a written request to rollover my ...
  A: No such luck. Your rollover will be the amount that is in your account when the rollover actually ...
employee termination12/4/2008
  Q: I have been trying to find the right information on the followingWe had a employee that was ...
  A: Salaried employee does not include vacation pay. Just because an employee is salaried does not mean ...
Pay for hours worked12/4/2008
  Q: I live in FL. Does an employer have to pay you if you trained for 2 or 3 days, and then quit? I was ...
  A: Yes, you should be paid for the time you worked. Good luck getting the money from the company. ...
Is it legal????????12/4/2008
  Q: Back in August the 21st I was up for my annual raise. I was on my boss about it before the time came ...
  A: First of all there is no law on the books anywhere that says the employer must give you a raise. If ...
Payroll check cashing at bank12/4/2008
  Q: Recently, one of our employees deposited a p/r check in her bank account in NJ/NY. Normally she has ...
  A: The bank can hold a check for 7 days, especially since she had direct deposit and had never cashed a ...
Temporary Layoff12/3/2008
  Q: Can an employer (in Michigan) temporarily layoff a group of hourly employees over the holiday and ...
  A: Unfortunately Vacation pay is a fringe benefit given by the employer and he has control over when it ...
salaried (exempt) employee layoff12/3/2008