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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

Register shortage and termination10/6/2008
  Q: I work in Nevada, a right-to-work state. I was terminated for my register being short $70 and ...
  A: If you can prove the reason is for trying to force you to do something illegal than you can file a ...
Hourly to Salary10/6/2008
  Q: my husband's employer switched him from salary to hourly a couple of years ago. Since that time he ...
  A: There are specific guidelines and employer must follow to classify an employee as exempt (salary). ...
Breaks10/6/2008
  Q: I recently left a New York City establishment where I worked for 17 years and never once were we ...
  A: The New York Laws say that a 30 minute meal break should be given. Other breaks such as in the ...
Contract Employee10/6/2008
  Q: I am a contract employee in the San Francisco Bay Area, California. Here, most employees commute as ...
  A: If they are setting your hours, providing you a place to work, telling you when and when not to come ...
employer deducting time from timecards10/6/2008
  Q: I work in Minnesota. My employer requires a 30 minute unpaid meal break. If an employee does not ...
  A: It is not legal for an employer to take the time off the time cards. They however are required to ...
Vacation time10/6/2008
  Q: I have a few questions about taking vacation time on my job. I work for a Corporation. We were just ...
  A: Florida does not even have a department of labor office. They closed it down. They do not have laws ...
Employment Law10/6/2008
  Q: I was recently laid off from my job due to lack of work. I live and work in Washington State, an ...
  A: You can be an hourly employee and paid on salary. Unless you are an exempt employee you are still ...
in-house job applications10/5/2008
  Q: I just applied for an in house opening, and got a message saying that the job was filled without ...
  A: It depends on whether the job was filled before you applied for it. Sometimes jobs are filled rather ...
Employer recollecting FDIC taxes paided10/5/2008
  Q: I was recently laid off from my job of 12 years and on my final paycheck my employer deducted 615.79 ...
  A: They can collect the gross amount, however, they need to adjust your W-2 with the gross amounts that ...
IL Mnadated Lunch break periods10/5/2008
  Q: I am hearing discrepancies in the amount of hours worked that require a mandated lunch period. I ...
  A: The state of Illinois does not have a law mandating either breaks or lunch breaks. The Federal ...
Doctor's Notes for every sickness10/5/2008
  Q: I work for a company in Illinois and I have been asked to supply a doctors note after missing work ...
  A: 3 days is the most standard that many companies use. The reason they use 3 days is because if you ...
Need help regarding resignation10/4/2008
  Q: I am currently employed with an organization from past 2 months and before joining the organization ...
  A: You should also get a copy of the offer letter from HR even if it is the same as the email for later ...
Purchasing Vacation Days10/4/2008
  Q: Good Day. I am looking for the regulation that governs an employee purchasing vacation time ...
  A: The IRS does not have a rule regarding vacation. They do not regulate vacation time. Some states do ...
Taking me off the clock before I'm done working,and NO Breaks!Help10/4/2008
  Q: I work at a pizza place and the Managers WILL NOT give me a break(I work 6-9 hour shifts).Also,the ...
  A: Breaks depend on the rules for the state you live in. The federal rules do not cover breaks unless ...
termination and with holding pay10/3/2008
  Q: I went on maternity leave. When I went on the leave I had only been employed by the company 11 ...
  A: You have a right to complain on a couple of issues. I would file a claim with the EEOC for pregnancy ...
Timecard submittal10/3/2008
  Q: My employer requires that our timecards be submitted by PM on the last Friday of the pay period. ...
  A: Your payroll needs to be cut off sooner. We cut our payroll off one week and pay the next week. It ...
hourly salary employee10/3/2008
  Q: I work under the class "hourly salary employee" which was created as a result through a class action ...
  A: You would contact the Department of labor about not being paid for the mandatory meetings. You ...
Bounced checks, back paying raise, holding paychecks beyond end of shift:10/3/2008
  Q: I live in Arizona and my employer has lots of issues paying employees. Several people, including ...
  A: I can't help you much, you should be paid on time and you should not have your checks bounce. You ...
Hourly Wages Unpaid10/3/2008
  Q: Is it legal for your employer to only pay you for 7 hours a day, even if you work more? I worked 8 ...
  A: This is illegal. You must be paid for all hours you work over 40 in a week. It cannot be averaged ...
Bathroom Breaks10/2/2008
  Q: My wife's place of employment has been on her back since she came back from matirnity leave 4 ...
  A: This may be in violation of state law, I don't know which state you are in there may be a state law. ...
Withheld wage?10/2/2008
  Q: I'm a choir director at a church, and have been there seven years. There is a sign in sheet at the ...
  A: In the state of California it is illegal to not pay an employee because he does not turn in a time ...
Employment question10/2/2008
  Q: I have an odd question. My wife works for a convienience store. Her store manager changed her ...
  A: I do not know if Vermont has a show up rule. I have called and left a message with the Vermont ...
withholding checks10/1/2008
  Q: I've recently been hired to handle HR at a small business in OK. Although I have no formal HR ...
  A: You cannot withhold checks for this reason. What are you considering required documents for ...
Hourly vs. Salary10/1/2008
  Q: I have been at my job for 5 months now and was hired on with the employer knowing I was attending ...
  A: It is not illegal for them to ask you to check in and out. It is illegal to dock a salaried exempt ...
Exempt Employee10/1/2008
  Q: We are exempt (salaried, management) employees with a California community college whose contract ...
  A: Unions have different rules according to the Union Contracts. Without the Union you must be paid ...
Follow up on "overpayment by employer"10/1/2008
  Q: Someone asked you and you answered "An overpayment is the only type of payment which they can ...
  A: An overpayment cannot be kept legally it is not the employee's money and a mistake was made in ...
Layoff9/30/2008
  Q: My company is eliminating a layer of mgmt which I am a part off (Asst Directors). There are 3 of us ...
  A: If they are restructuring they can take some time to find another position for one that is being ...
overpayment9/30/2008
  Q: My employerer made a mistake last month and began new contract salaries a month early. Therefore ...
  A: An overpayment is the only type of payment which they can legally withhold from your paycheck ...
full time position remove9/30/2008
  Q: i work ross dept store as a full time about 2 year.on june 2008 the store manager remove about 5 ...
  A: I would call the department of labor and talk to them. I don't know of any specific law that is ...
Laid Off Permantly9/30/2008
  Q: A week or two ago the human resourse manger where I work called me into the office and told me they ...
  A: Depression is an illness and it is covered under the ADA (Americans with Disabilities Act). The ...
Overtime9/30/2008
  Q: I work at a service based company. Recently I worked on a installation for a customer that required ...
  A: Each day is considered a 24 hour period. I could not find an answer on the California Department of ...
FLSA9/29/2008
  Q: I see that you do not deal with commissions, but hopefully you can answer my question as there is ...
  A: The company can require anyone to clock in and out..exempt, non exempt, commission, peace rate? ...
Vacation Pay and employee termination9/29/2008
  Q: We had an employee that we terminated before one year of service. After one year of service our ...
  A: Not unless you have said in your policy manual that you will pay them if they terminated. Also if ...
direct deposit (in WA)9/29/2008
  Q: i work for a restaurant (in WASHINGTON STATE) and recently the manager posted a memo that said, ...
  A: Individual states have the option to mandate direct deposit for their employees. What it means in ...
Overtime9/29/2008
  Q: I work at a service based company. Recently I worked on a installation for a customer that required ...
  A: Okay, If you are in California it is a whole new set of rules. Here is the overtime calculation ...
DEDUCT FROM SALARY PAY9/28/2008
  Q: I WORK IN ST. LOUIS MO. IAM A MANAGER. I GET 5 SICK DAYS & 4 WEEKS VACATION. IF WE CALLIN SICK OR ...
  A: I do not know how your company has you classified. Most managers can be classified as exempt. There ...
PAY9/28/2008
  Q: IF I AM OVERPAID AND THEY DO AN AUTO-DEPOSIT CAN THEY AUTOMATICALLY GO IN A REVERSE IT AND PUT IN ...
  A: It depends on your bank if they allow the auto reversal or not. If you know that you are overpaid ...
Meetings during lunch hour9/27/2008
  Q: My boss holds mandatory meetings during lunch hour and does not pay us for the time spent in the ...
  A: It would depend on whether you are classified as exempt or non exempt. If you are an exempt ...
full time position remove9/27/2008
  Q: i work ross dept store as a full time about 2 year.on june 2008 the store manager remove about 5 ...
  A: It is not right for them to put employees on part time and take away their benefits and hire new ...
Direct Deposit9/26/2008
  Q: I live in Washington state and I have direct deposit with my employer. I have decided that I no ...
  A: My employees do this all the time. All they have to do is turn off your direct deposit. They are ...
bonus distribution timeframe9/26/2008
  Q: Is there a federal requirement regarding when bonus's have to be distributed after the end of the ...
  A: There is no federal law that requires that a bonus check must be paid to an employee. The federal ...
Timecard altering9/26/2008
  Q: I am an office manager for a medium-sized multi-national corporation, with our shop location in a ...
  A: My suggestion to you is that a cheap timeclock only costs about 200.00. It might be well worth the ...
Payroll Changes9/26/2008
  Q: I've been working for a growing regional financial institution for just short of two years now. Last ...
  A: It is not required to sign any type of contract for employment unless you are in a Union ...
unpaid mandatory meetings9/25/2008
  Q: I work at a restaurant in NYS that requires workers to be there 15 minutes before (everyday that you ...
  A: This is not legal and it is not good business practices or ethics. I would suggest you contact ...
discremination/employer violation?9/25/2008
  Q: I am in the state of Ohio and work at the corporate headquarters for a 15 billion dollar company. I ...
  A: You cannot be terminated because of taking too long to pump milk for your child. This is a ...
Paydays9/25/2008
  Q: My employer has always stated paydays are on the 15th and the last day of the month, Direct deposits ...
  A: You should contact the Division of Labor Standards Enforcement and explain that your employer is not ...
Timecards9/25/2008
  Q: My employer requires me to call in our time to a voicemail box at the end of each day, then our ...
  A: There are no laws that say you must sign your timecard or receive copies of it. There is nothing to ...
DEDUCT FROM SALARY PAY9/25/2008
  Q: I WORK IN ST. LOUIS MO. IAM A MANAGER. I GET 5 SICK DAYS & 4 WEEKS VACATION. IF WE CALLIN SICK OR ...
  A: Managers are exempt employees which means they are exempt from the FLSA and exempt from the overtime ...
Salary Exempt lunch9/24/2008
  Q: I am a Salary Exempt Employee and have a few questions? 1. As salary exempt I am expected to punch ...
  A: Your employer can require you to clock in and out, but he cannot dock you for taking a longer than ...
wage garnishment9/24/2008
  Q: My son-in-law is going though a separation in the State of Florida. There are no legal papers as of ...
  A: Unfortunately the state of Florida is not Employee friendly. They do not even have a Department of ...
lunches/breaks9/24/2008
  Q: I am a contractor who provides hourly OT eligable employees to work for a corporate client. The ...
  A: The state of New Jersey has no provisions for Rest Breaks or Lunch Breaks. Unless the employee is ...
FMLA and Unemployment Compensation Benefits9/24/2008
  Q: I recently injured my foot. It was not a work related injury. I am being treated by an orthopedist ...
  A: I would contact the department of labor and talk to them. If you can do your job your employer ...
Meal Period / Salary reduction /9/24/2008
  Q: I'm a employee in a restaurant in New York - NY. Is my employer obligate to provide us a lunch time ...
  A: Your employer can cut your hours back. If he does not have enough work to keep you busy he may send ...
salaried employee vacation pay9/24/2008
  Q: I will be beginning a job where I will be a "salaried employee" paid for 80 hours every 14 day ...
  A: The laws do not provide for vacation pay either in Federal or in the state of Florida. This is ...
DEDUCT FROM SALARY PAY9/23/2008
  Q: I WORK IN ST. LOUIS MO. IAM A MANAGER. I GET 5 SICK DAYS & 4 WEEKS VACATION. IF WE CALLIN SICK OR ...
  A: If you have used all of your sick pay and all of your vacation and are off work the company does not ...
privacy for time cards9/23/2008
  Q: my husband lets someone else add up his time card at work but their are to many times I thought the ...
  A: Your husband needs to keep a copy of the times he works or a copy of his timecard and check it ...
lunches/breaks9/23/2008
  Q: I am a contractor who provides hourly OT eligable employees to work for a corporate client. The ...
  A: Federal law does not require lunch or breaks. Some state laws do. If you let me know which state I ...
Paycards in PA9/23/2008
  Q: Can employers in Pennsylvania make paycards mandatory/condition of employment? (as long as they ...
  A: What you cannot do in Pennsylvania is charge the employee any fees for the pay cards. They cannot ...
Background Check9/23/2008
  Q: My past employer will not verify the dates of my employment. Is this correct of them? I am having ...
  A: Payroll records have to be kept for 3 years some are kept longer for other agencies. No records are ...
Termination of employment9/22/2008
  Q: My mother has worked at a hospital in Georgia for 15 years. 2 1/2 years ago, she was given a ...
  A: The American's with Disabilities Act does not save her from a budget cut. If jobs are cut and the ...
Timesheets9/22/2008
  Q: I have worked at the same company for over 7 years, and I'm considered an "exempt" salaried ...
  A: The company may as exempt employees to fill out timesheets and they may require them to log in and ...
HOURLY VS SALARY9/22/2008
  Q: I AM AN EMPLOYER IN CA AND I WAS WONDERING IF I CAN TRANSFER MY HOURLY EMPLOYEES TO SALARY
  A: You can pay hourly employees on a salaried basis. They will still be non exempt employees and you ...
Salary Exempt lunch9/22/2008
  Q: I am a Salary Exempt Employee and have a few questions? 1. As salary exempt I am expected to punch ...
  A: They can require you to clock in an out as an exempt employee, that is not illegal. They cannot ...
Late Paychecks9/20/2008
  Q: My paychecks have been late consistently for about a year. I get paid bi-weekly and on average i am ...
  A: A former employee has a claim under the Act for the collection of the monetary equivalent of his/her ...
worked but did not get paid9/19/2008
  Q: I worked for a lady who owned her own franchise of sports coaching for children. I worked for her ...
  A: You can either file a claim for unpaid wages with your local department of labor and they will ...
Labor questionURGENTTHANKS!9/19/2008
  Q: If a salaried employee takes half a day off, is that employee supposed to be paid for the whole day? ...
  A: If a salaried exempt employee takes half a day off he/she must be paid for the entire day. The ...
Late Paychecks9/18/2008
  Q: My paychecks have been late consistently for about a year. I get paid bi-weekly and on average i am ...
  A: You didn't mention your state, however you should right away file a claim for unpaid wages withe the ...
vacation pay9/18/2008
  Q: I have worked for a dry cleaners for 2 years now here in south Texas. I gave them notice 2 MONTHS ...
  A: I am not sure how Workforce Texas would view this as you still had a week left before your vacation ...
Electronic Pay Stubs9/18/2008
  Q: I've read your answer regarding electronic pay stubs. Is the 3 year retention/availability also ...
  A: If you do not keep them and a former employee files a lawsuit against you saying to the Department ...
overtime on twice monthly payroll9/18/2008
  Q: I pay my hourly employees twice monthly. Most payrolls are 80 hours, but obviously some are more ...
  A: Overtime is paid on 40 hours per week for hourly employees per the federal FLSA (Fair Labor ...
Travel time9/18/2008
  Q: My wife is a hourly employee who works for a city governemnt in Virginia. They left on a sunday for ...
  A: You are correct , travel time outside of normal working hours is time which must be paid. Since it ...
Work for no pay9/17/2008
  Q: I am Pice rate employee, not hourly, in texas. The company I work for requires me to attend a 1 ...
  A: I think the piece rate is a very bad deal for the employee. You are paid by the work put out. That ...
Overtime eligibility and hour requirements9/17/2008
  Q: My official job title is "computer systems analyst", I work in Minnesota, and this is my first ...
  A: The FLSA computer exemption is based on more than the 27.63 per hour. It is actually 455 a week if ...
application paperwork9/17/2008
  Q: What are the legal requirements for retaining doucments related to hiring? Are we required to keep ...
  A: All of the above should be kept for one year per EEOC requirements. You should also have a records ...
direct deposit9/17/2008
  Q: My company I heard has direct deposit for management on salary, don't they have to offer it to ...
  A: It is not mandatory that direct deposit is offered to all employees. The company may offer it or not ...
relatives working for business9/17/2008
  Q: even though they do not work for our company in any way. Is this legal? If not, what is the point of ...
  A: I do not know the company structure but the largest benefit would be if they are employees they get ...
last check held pending exit interview9/16/2008
  Q: I work for a medical billing company - worked. I left on a Monday and didn't come back since I found ...
  A: It is not legal for them to withhold a paycheck in this manner, however, since you are paid now I ...
Payroll Check9/15/2008
  Q: What do you do if you have a terminated employee who never picks up their last paycheck and all ...
  A: Escheat laws in Mississippi require that unclaimed wages be paid over to the state after five years. ...
Wrongful Termination9/15/2008
  Q: On 9-11-08 I told both my bosses where I worked that I needed to leave work due to a migraine and ...
  A: You need to talk to your local Department of Labor. If your friend that heard you tell the boss is ...
Payroll... ?9/15/2008
  Q: Well, I've tried to search for the right person to answer my question. But i don't know which ...
  A: The law simply states that you must be paid minimum wage. There are no laws that say anything nor ...
salaried vs. hourly employees9/15/2008
  Q: I recently joined a firm as a salaried employee, however HR claims that they must take a 1/2 hour ...
  A: These are all true statements. The company is required to give you a lunch break of at least 1/2 ...
HR Level of Confidentiality9/15/2008
  Q: My question is regarding confidentiality of employee information. I had a supervisor that had come ...
  A: There are privacy laws, but the privacy laws of which HIPAA is the largest. These laws only protect ...
payroll deductions9/14/2008
  Q: My husband's job requires him to travel. His company office is located in Maryland. The company ...
  A: The company can make any deductions for personal unauthorized expenses only with the signed ...
Salary9/13/2008
  Q: I am a manager in a small restaurant in marylnad. Three managers here are salaried. We are on a bi ...
  A: It is legal to change the payperiod. The payperiod is short because there are 3 days less in the ...
Hurricane Pay9/13/2008
  Q: I work for a large industrial chemical plant in Louisiana. Prior to the arrival of Hurricane Gustav ...
  A: The company is required to pay the paychecks in a timely manner. This does not extend to any type of ...
Timecards9/12/2008
  Q: I read some of the other Q&A, but just wanted to make sure. So if an hourly employee does not ...
  A: That is correct. Be it right or wrong the government expects the employer to know when his employees ...
mileage for personnel working from home9/11/2008
  Q: We have been asked to deduct the mileage amount it would take for us to travel to the office daily ...
  A: You should be deducting the first trip you make to the first client and the last trip from the ...
Mandatory Vacation9/11/2008
  Q: I am a salary employee and the manufacturing company I work for recently had a forced shutdown. All ...
  A: This is considered a lay off and yes it is legal to lay off some employees and allow some to work. ...
mandatory lunch9/11/2008
  Q: I am a nurse who works at a non profit school. My employer has stated we have to take a lunch ...
  A: Some states mandate a lunch break if you work 8 hours in a day. Probably someone complained and the ...
Interest held on paychecks9/10/2008
  Q: My question concerns: The company my husband and I work for offers Auto Deposit. While a great ...
  A: The checks should all be paid at the same time. The company needs to send in the direct deposit ...
Retro Pay9/10/2008
  Q: Our budget typically goes into effect July 1 with salary increases however this year budget was not ...
  A: No you are not obligated to pay a terminated employee the retro increase because they are terminated ...
forced overtime9/10/2008
  Q: under florida labor laws or us dept. of labor, is there a maximum number of hours an employer can ...
  A: There are no laws federal or in State of Florida limiting the hours you may be asked to work. In ...
Salary Confidentiality Law?9/10/2008
  Q: I work as Director of Development for a non-profit organization in Mississippi. My education and ...
  A: Salary amounts are confidential. Ours are only given out on a need to know basis. You should be ...
employment/pay increase9/10/2008
  Q: I have been working 3 years at this Security company .Are the companies supose to give rasises, and ...
  A: The Fair Labor Standards Act does not provide for raises. The law only provides that the company pay ...
Employeer withholding pay check for no reason9/10/2008
  Q: McAllister and readers I worked at an employment for about a month and half. I left that place with ...
  A: There are a couple of things you can do, it will take time either way. You can file a claim for ...
bad checks9/10/2008
  Q: what do you do when an employer does not have enough funds in the bank, can the bank make you pay ...
  A: This happens and I get a lot of questions on this one. Unfortunately there is no fast or easy fix ...
unpaid wages9/9/2008
  Q: I currently work for a privately held company (has been around for 4+ years) that has had some ...
  A: A couple of things. You can all go together and file a claim with the Department of Employment for ...
Timesheets9/9/2008
  Q: Is it okay to have salaried employees fill out timesheets?
  A: Salaried employees can be required to fill out timesheets. If they are salaried exempt they cannot ...
reduce payrate without notice9/9/2008
  Q: I am a server at a restaurant in NC. I noticed on my paystub my payrate was reduced from $3.13 to ...
  A: Was this maybe a computer error? I would ask management about it, perhaps it is simply a payroll ...
minimum wage9/9/2008
  Q: I am a 19 year old who started working in a Subway in the state of Michigan back in June. My ...
  A: The subminimum or training wage is for those under 18. If you are over the age of 18 you must be ...
delayed paycheck9/8/2008
  Q: I am from California and I work for an authorized retail store. Our "set" schedule of receiving the ...
  A: Filing anonymous can be done, however, it is much better if you all just contact the Labor ...
Extra Paycheck9/6/2008
  Q: I just began a new job. Yesterday, I checked my bank account to make sure the first Direct Deposit ...
  A: You have to pay the money back, it was a mistake and is not yours to keep. However, if you do not ...
Waitressing on a national holiday, earning less than minimum wage in tips9/6/2008
  Q: Ms. McAllister, I recently worked labor day for a restaurant in Western MA. The normal rate of pay ...
  A: The law does not require companies to pay a premium wage 1 1/2 times on the holidays. Many companies ...
Work Week9/6/2008
  Q: We get paid every 2 weeks... Our work week would start on Thurs. to Wed. week 1 and week 2 would ...
  A: The employer is allowed to change the work week. Overtime should still be paid on all hours worked ...
salary question9/5/2008
  Q: I have been on medical leave for 2 weeks i am a salary chef at a restaurant in south florida am i ...
  A: FMLA and other medical leave is unpaid leave. Unless you have some type of disability insurance or ...
paychecks9/5/2008
  Q: mam, i took a job with someone, and worked 3 weeks with them, we worked in town and out of town, he ...
  A: You have two options: #1. File a claim of unpaid wages with your local department of labor. If you ...
Benefits out of last paycheck9/5/2008
  Q: I have a very similar situation but what not discussed in the final check since a resignation was ...
  A: Health insurance is taken out of the final check because it is paid already by the company. Health ...
Exempt - record keeping/hrs & breaks9/4/2008
  Q: Our company is located in NYS. We have an exempt emp who doesn't eat much, so she doesn't take ...
  A: We mark exempt 8 hours unless they are gone for the day . If they are gone it needs to be marked, ...
Exempt - record keeping/hrs & breaks9/4/2008
  Q: Our company is located in NYS. We have an exempt emp who doesn't eat much, so she doesn't take ...
  A: She does not work by the hour, but by the job. If she does not take a lunch it is not recorded, it ...
Deductions from payroll9/4/2008
  Q: I need to find something in writing concerning deducting expenses from an employee's paycheck. We ...
  A: You can deduct the amount, however, you need to have the employee's signature on a deduction form ...
Bounced Paycheck9/4/2008
  Q: I live in Texas and my last paycheck has bounced. I no longer work for this company, thank ...
  A: You would contact Workforce Texas and talk to them about it. You will have to file a claim for ...
Wanting to refuse a signed contract9/4/2008
  Q: I have currently been working as a full time Music Director based upon a verbal agreement. I ...
  A: If you are fired for refusing to sign a contract than you may be allowed to draw unemployment. It ...
lunch law9/3/2008
  Q: ok i work at a company where our guys stay out on a truck delivering tents, tables, chairs, esc. I ...
  A: It is illegal to reduce their timecard withhout knowing how much time was taken. Breaks do not ...
vacation pay state of new jersey9/3/2008
  Q: I have been a hairstylist in the same salon for 10 years and have been receiving 2 weeks paid ...
  A: Vacation pay is up to the company to determine. There are no laws that mandate the company pay any ...
mandatory work meetings9/3/2008
  Q: Is my employer required to pay me for mandatory work meetings that are scheduled outside of normal ...
  A: You can be fired for not attending a mandatory meeting. If you are paid non exempt hourly you should ...
Salary Work vs Contract Work9/3/2008
  Q: I am working for this company. I have signed and agreed to a 6 month contract for the amount of ...
  A: If a salaried employee misses a day of work they do not have to be paid for it. If they work any ...
work no pay9/3/2008
  Q: I was hired by Lady of America in Kendall to clean the Gym and commenced work and site manager said ...
  A: This is not legal. If you are working you need to be paid for all the hours you work. If you are ...
Laid off with no severance9/2/2008
  Q: I was working for a large entertainment company in southern California and was recruited by a ...
  A: Paid days off, vacation days, severance pay is not covered under the FLSA nor is it covered under ...
wage claim9/2/2008
  Q: I have been working for a company for 11 months as the General Manager at one of their bars. The ...
  A: Texas laws would apply as you are working in Texas. Federal law would actually apply. You are jpaid ...
Animators Exempt or Non9/2/2008
  Q: Are Animators generally Exempt or Non-Exempt. Can they be Exempt under the "Creative Professional ...
  A: Exempt and non exempt simply mean that literally. Either the employee is exempt from the FLSA and is ...
Pay Rate Employee Rights9/2/2008
  Q: I am an employee of a major clothing retailer, and they gave me a raise effective 6/22. My pay rate ...
  A: Save your check stubs and file a claim for the part of the unpaid wages with your local department ...
Part-time9/1/2008
  Q: I have worked part-time on 2nd shift for a large bank in illinois for the past 9 years. Over the ...
  A: The employer can ask part time people to work extra hours. I am sure you are correct as most ...
Server wages9/1/2008
  Q: I work as a serever in a local restaurant chain. We usually have 10 to 15 servers on the floor ...
  A: If the server's left early they are only paid for the time they were at work and if they were ...
number of hours worked9/1/2008
  Q: Are there any laws that govern the number of 8 hour days an employee may be forced to work ...
  A: The State of North Carolina does not have a law limiting the hours or days an adult over the age of ...
sick leave9/1/2008
  Q: I recently took a sick day from work .I provided my place of empolyment with a doctors note. My ...
  A: It is not a violation of HIPPA to ask your condition. It is a violation of HIPPA if they share it ...
Salary Work vs Contract Work8/30/2008
  Q: I am working for this company. I have signed and agreed to a 6 month contract for the amount of ...
  A: This is not correct unless they are using the 45,000.00 for the annual salary Since you are working ...
payday laws in CA8/30/2008
  Q: I work as a nurse assistant for a small health care practice. My employer pays us every two weeks. ...
  A: You do have a right to be paid now. Contact the California Industrial Commission: ...
Termination laws8/30/2008
  Q: my question is i work at a restaurant and they said they were terminating me...for one they gave me ...
  A: Report this treatment to the California Department of Industrial Relations. ...
expired paycheck8/30/2008
  Q: My daughter is a server in a Florida restaurant. She rec'd a paycheck (min. servers wages) for ...
  A: The check should be replaced. She can either put in a claim for unpaid wages with the Department of ...
I have so many questions that i dont no were to start.8/30/2008
  Q: i work for a management company n my bosses r jewish. They dont believe in our holidays or pay ...
  A: Holidays are not reqired and the company does not have to give time off for the holidays by law. ...
PLEASE SAY U CAN HELP......8/30/2008
  Q: I QUIT MY JOB BECAUSE OF A NEW OWNER THAT MADE THINGS MISERABLE ....I TRIED TO PICK UP MY CHECK FROM ...
  A: You can put in a claim with your state department of labor and they will investigate it. It might ...
Late/Bounced Paycheck in NYS8/29/2008
  Q: My husband works as a truck driver for a company that was hired by FedEx Ground. They are supposed ...
  A: The laws say the employer must be paid each time on the regular scheduled payday and that is federal ...
Change in Pay & Insurance8/29/2008
  Q: I live in Arizona and have two questions. 1. Can an employer cut your salary without notifying you ...
  A: An employer can cut your salary, but you must be paid at least the minimum wage. The employer ...
timecards8/29/2008
  Q: Can you tell me what needs to be on a timecard in order to be in compliance with CA labor laws and ...
  A: Time cards must have the Employee's name and ID # if one is given The date for each day with the ...
holding wages8/26/2008
  Q: I terminated with my employer in the state of South Carolina. The employer is holding my wages ...
  A: When an employee is separated from the payroll, voluntarily or involuntarily, every employer must ...
Pay date obligation8/26/2008
  Q: I am from Texas and my son's employer continually fails to submit payroll to ADP on time. ...
  A: YOur son needs to submit a claim to Texas Workforce that the employer is not meeting his obligations ...
401k withhold not paid8/26/2008
  Q: My employer in Illinois has withheld my 401k contributions from my check, but has not contributed to ...
  A: The 401K is under the ERISA laws. The ESBA (Employee Benefits Security Administration is the DOL ...
Salaried Employees8/26/2008
  Q: If an employee is salaried but occasionally works less than 40 hours per week, can the employer ...
  A: If a salaried exempt employee works part of a day he/she must be paid for the entire day. The ...
help8/26/2008
  Q: a couple of weeks ago i was rushed into hospital and had suffered a bad miscarriage, which then lead ...
  A: This is an invasion of the U.S. Privacy Laws. It would be under the category of Public disclosure ...
Getting the run around from prev employer8/25/2008
  Q: I doing this on behalf of my lil brother he is a minor, 17 years, he was hired by the an airline ...
  A: Here is the statute from the Texas Workforce: § 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. ...
Getting the run around from prev employer8/25/2008
  Q: I doing this on behalf of my lil brother he is a minor, 17 years, he was hired by the an airline ...
  A: The department of labor is the agency that has jurisdiction over these type of issues. Almost every ...
PTO payout8/25/2008
  Q: I live in NYS and I am planning on resigning from my job. I am not sure if I want to just quit or ...
  A: It depends on the employer's policy. New York has no law that forces an employer to pay out PTO ...
days off for exempt employees8/25/2008
  Q: There is a group of exempt employees here that would like to take a day or two off each month that ...
  A: If you are salaried exempt the employer is allowed to dock one full day of pay for any day taken for ...
Supervisor going from Salaried to Hourly8/25/2008
  Q: I appreciate your help. MyTwo years ago I went to work for a private school as the transportation ...
  A: They would make this change because they probably had an audit and were told that some jobs need to ...
paychecks throughout the year8/24/2008
  Q: I work in a public school district in SD. We have always been able to have our checks on a 12 ...
  A: I know that the schools in our area only the teachers are allowed to be paid over a 12 month period. ...
PTO policy clarification8/23/2008
  Q: Shirley, I work for a mid-sized investment banking firm in Los Angeles. For the past year I have ...
  A: The way the policy reads any inactive service when you are not working is excluded from PTO accrual ...
overtime pay8/23/2008
  Q: I work for a NY company in a field position. The company pays me mileage but does not pay me for ...
  A: This is legal. If you take off a day during the week and work a Saturday that reduces the hours. The ...
paroll check bounces8/23/2008
  Q: I am from St. Petersburg, Florida. I cashed my payroll check at a local place called Amscot. This is ...
  A: I do not know how bankruptcies work with checks that have already been cashed. I do not think that ...
Paycheck Late8/22/2008
  Q: My fiance and I live in Midland, TX. He quit his job at a gas station after they repeatedly violated ...
  A: You need to file a claim with the workforce texas for unpaid wages. If you wish you can also take ...
Withhold more taxes if employer going bankrupt?8/22/2008
  Q: I have a sense that my employer may be going bankrupt and that one of my next paychecks could ...
  A: If they are not paying you they are also not paying the taxes to the government. I think you should ...
Pay while away on business8/22/2008
  Q: I'm required to leave town for 3 days for a company retreat. I am an hourly employee. The schedule ...
  A: If you are a salaried exempt employee you must be paid your regular salary no more and no less. If ...
time clock & tardiness8/22/2008
  Q: My Illinois company is going to required us to punch a time clock. We are salaried-exempt ...
  A: It is not illegal for a company to have salaried exempt employees punch a time clock. What will ...
Time Clock Usage8/21/2008
  Q: Are there any laws related to one employee clocking out for another employee.
  A: This is called Buddy Punching and it is not allowed. The time card is a legal document required to ...
Direct deposit overpayment8/21/2008
  Q: I worked for a company for around 9 months. In January of this year we had the option if direct ...
  A: It depends on what you signed. Some direct deposit forms have a clause in them that say the funds ...
Salaried Employee Hours8/21/2008
  Q: Recently heard that salaried employee in TX should not be forced to take, for example, (2) hours of ...
  A: This is not true. Vacation and PTO are controlled by the employer as there is no legal law that ...
Vacation Time8/21/2008
  Q: can an employee be made to use a vacation or personal day if they call in sick and have no sick days ...
  A: Vacation and Personal days are controlled by the company. There are no laws that say you must be ...
Direct deposit overpayment8/21/2008
  Q: I worked for a company for around 9 months. In January of this year we had the option if direct ...
  A: It is not legal for them to draw money out of your checking account without your permission. The ...
Previous employer not paying final paycheck and not withholding taxes8/20/2008
  Q: I recently quit a job I was working at with no notice, to accept a position immediately with another ...
  A: It is not legal for him to not pay you and it is not legal for him to not hold taxes out of your ...
Vacation pay at Termination of employment8/20/2008
  Q: A salesman in a Auto Dealership has been fired on 08/14/08 due that he conducted a violation in a ...
  A: #1. It must be an existing company policy and it must be written in the handbook that if an employee ...
vacation8/19/2008
  Q: i am an exempt employee in illinois and get vacation time but in 2007 i used 4 extra days so now im ...
  A: If you used 4 extra days in 2007 your employer borrowed those days from 2008 and you have a minus of ...
2-week notice withdrawl8/18/2008
  Q: there! We have an employee who recently gave a 2-week notice, so we posted, interviewed for, and ...
  A: You have accepted the resignation and filled the position. You are not obligated to the employee ...
Direct Deposit paystubs CA8/18/2008
  Q: I recently started a co in CA and am curious if it required to receive paystubs for direct deposit. ...
  A: Yes you are required to recieve a pay stub. Here is the california rule on paystubs. Pursuant to ...
Working for Free8/18/2008
  Q: I work in an office where we are required to be at work 10 minutes before our scheduled hours so ...
  A: The employer cannot change your timecard once you have punched in it is illegal to do so. They can ...
Direct Deposit Pay Stubs8/17/2008
  Q: My company typically mails our pay stubs a week or more after the direct deposit is made and posted ...
  A: It depends on the state and the company. Some states do not even require pay stubs, some states ...
holding paychecks8/17/2008
  Q: I am a volunteer firefighter in a city that considers its volunteers to be employees. We are paid on ...
  A: That is not a good reason to withhold the pay checks. You can make a claim with the Department of ...
withholding checks8/16/2008
  Q: my question to you is can my previous employer withold my last check? all this takes place in ...
  A: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's ...
holding paychecks8/16/2008
  Q: I am a volunteer firefighter in a city that considers its volunteers to be employees. We are paid on ...
  A: If they are being withheld until the mistake is corrected and than paid and it is a one time error ...
withholding final paycheck8/16/2008
  Q: i am about to go to work for an international company, headquartered in India that is incorporated ...
  A: I could not find anything in the New Jersey statute on withholding deductions from wages that says ...
Is it legal for a business to withold a payceck8/16/2008
  Q: Is it legal for a business to withhold a paycheck if you only worked for one week with this company? ...
  A: http://www.dllr.state.md.us/labor/wagepay/wpremedies.htm the link above takes you to the DOL ...
unjustified termination8/16/2008
  Q: my niece just recently got fired from Nationals Sport bar in Torrance, CA., the reason is that they ...
  A: She will need to get ahold of the California Industrial Relations office and talk to them. She can ...
Paychecks- Is it OK for an employer to pay you late?8/15/2008
  Q: I am an employee for a company based in Indiana and I work in Georgia. Most of the time my pay ...
  A: This is why direct deposit exists so the checks are not at the mercy of the postal service. The ...
writing employee policy8/15/2008
  Q: I am in the process of putting company policy in writing as to what constitutes full time vs part ...
  A: I do not know of a website except for the forums that are similar to this one. I have this all ...
direct deposit8/15/2008
  Q: I believe as an employer in Texas, we have the option of mandating direct deposit...is this correct? ...
  A: well you cannot force an employee to sign the papers. You can fire them for failure to obey the ...
Timely Paychecks8/15/2008
  Q: I work for a company in Atlanta, GA that has several locations although it is family owned. The last ...
  A: The Georgia Department of labor does not have a set of employment laws, instead they have ...
Vacation Time8/15/2008
  Q: If an employee is offered vacation in their contract and has scheduled 2 months in advance to take ...
  A: Sadly there is nothing illegal about a company cancelling vacation time. I think it is wrong, but ...
Schedule change8/14/2008
  Q: I have worked as Personnel Manager for just about 2 years now and made aware that I would only be ...
  A: There are no laws that cover how many hours a company can ask a salaried exempt employee to work. ...
not being paid for hours worked8/14/2008
  Q: I work for a Alpha Healthcare System; we are due for a payday August 15, 2008 and we are due for ...
  A: As long as it will be paid when you terminate it is legal to hold back a week. When the pay period ...
Garnishing wages for shortages8/14/2008
  Q: I am employed by the New York State Racing Association (NYRA) in New York State as a mutuel clerk. I ...
  A: I do not know how the NYRA works, I am in Idaho and New York is not a state I have had any payroll ...
Overpayment of wages and 401K8/14/2008
  Q: I left my previous firm at the end of June and joined a new firm. For some odd reason, I was still ...
  A: It would add to the amount you can contribute. If you have contributed 10,000 you have to add the ...
Over payment after termination by direct deposit8/13/2008
  Q: We had an employee that was terminated on a Wednesday and we did a "live" check for her final pay. ...
  A: You cannot retrieve the amount from the bank account. If the check you gave him has not cleared you ...
salary exempt8/13/2008
  Q: I work for a company and I a salary exempt ee. My question is that hr says that we must work 40 ...
  A: Unfortunately unless you are under 18 there are no laws limiting the amount of hours an employer can ...
Overpayment of wages and 401K8/13/2008
  Q: I left my previous firm at the end of June and joined a new firm. For some odd reason, I was still ...
  A: The net amount does not include the 401K contribution. They cannot retrieve it once it is invested ...
Fired Because I refuse to work with mice8/13/2008
  Q: I was working as a Security Guard. I refused to work on the job in a fenced in area after a few ...
  A: If you cannot do the job, than they can terminate your employment. Most states are at will states ...
not being paid for hours worked8/13/2008
  Q: I work for a Alpha Healthcare System; we are due for a payday August 15, 2008 and we are due for ...
  A: A week can be held back. We do that here at our company. Every new employee has a week held back. ...
Hourly pay while out of town8/12/2008
  Q: In the past, the company I work for has always paid a minimum of 8 hours per day to any employee who ...
  A: It is contained in the FLSA (Fair Labor Standards) regulations which is a Federal wage act. ...
wrongful termination.8/12/2008
  Q: My fiance'(Carol) was fired from his job as a truck driver, we don't actually know why he was ...
  A: Call the Department of Labor in Georgia and tell them what happened and put in a claim for unpaid ...
Employer refuses to pay for missed punches until following pay period8/11/2008
  Q: I work for a large hospital in the Minneapolis metro area. I do not work a union position, but I am ...
  A: The company cannot legally do this. They have to pay all the time worked by the payday for that time ...
pay check disbursement8/11/2008
  Q: Scheduled paydays are every 10th and 26th. What happens if our scheduled pay day falls on a ...
  A: You should be paid the day before, that is how most business's pay. There is not really anything in ...
Cashier Shortages8/10/2008
  Q: I work at a grocery store as a cashier in Livonia, Michigan, and for the past year and a half, ...
  A: This is not legal. If you give written concent it is , but it must be without fear of reprisal or ...
got laid off...8/10/2008
  Q: Great site you have here! My name is Graham and I was laid off the other day for what was noted on ...
  A: You are lucky in that you are in the state of California. This state is the most employee friendly ...
Child Labor Laws8/10/2008
  Q: I am 13 and I am from Missouri. By next summer I will be 14, old enough to be eligible to work (with ...
  A: Since the work is being done in Kansas I think that Kansas labor laws are in force. The laws of the ...
Company Health Benefit Cancelation8/10/2008
  Q: My brother in law's company just terminated the health insurance coverage for his entire family, the ...
  A: If the benefits are cancelled he should be notified before they are cancelled. Did the company ...
Suspension8/9/2008
  Q: while getting ready for work, I received a phone call from the day supervisor. He stated that I had ...
  A: If you go down and sign up for unemployment the employer will be forced to give a reason why you are ...
I resigned - the checks keep coming8/9/2008
  Q: I turned in a 4 week notice, and resigned. My last day was on a Wednesday which was the first week ...
  A: I would not cash any further checks and would send them back. You know that you are not entitled to ...
didnt get paid for hours worked8/9/2008
  Q: who can i get to help me get wages that worked for?i was doing in-home health care through the ...
  A: First of all you need to explain the circumstances to your supervisor or whomever you report to and ...
PAID TIME OFF8/7/2008
  Q: My company offers us 10 days of paid time off per year. My manager is stating that we MUST use 1 day ...
  A: PTO and Vacation time are the same. Whether it is Paid Time Off or Vacation time it is still given ...
unemployment appeal texas8/7/2008
  Q: My employer is appealing my unemployment by changing their original answer of why they fired me. ...
  A: You could try the approach that it was a common practice and was not enforced by the company. You ...
Vacation Pay rights when terminated8/7/2008
  Q: I recently got terminated from my job of 6 1/2 years. I had no prior warning or documentation of ...
  A: An Ohio employer is not required by law to give its employees any vacation, holiday or other paid ...
overpayment calculation upon termination8/7/2008
  Q: from oct 2007 to feb 2008, my insurance company (employer) claims to have overpaid my $43,000 due to ...
  A: I would not pay it back and I would contact the department of labor and talk to them about it. It ...
PAID TIME OFF8/6/2008
  Q: My company offers us 10 days of paid time off per year. My manager is stating that we MUST use 1 day ...
  A: Please do not shoot the messenger, but yes it is legal. California nor the Federal government ...
Suspension8/6/2008
  Q: while getting ready for work, I received a phone call from the day supervisor. He stated that I had ...
  A: This is not the correct way to work with an employee. I would call the company and ask to speak to ...
Overpayment of Wages8/6/2008
  Q: A recent payroll problem caused us to reissue payroll. The original direct deposit was reversed and ...
  A: You can add to the W-2 and when you do your 941 put it down on the section that says income not ...
Collecting unemployment Compensation in the State of RI8/6/2008
  Q: I own a small business Sub Chapter S Corp. Restaurant. We close every year the first two weeks of ...
  A: Draws are against the capital in the company. At the end of the year when your accountant does the ...
Collecting unemployment Compensation in the State of RI8/6/2008
  Q: I own a small business Sub Chapter S Corp. Restaurant. We close every year the first two weeks of ...
  A: The owner of a business is not eligible for unemployment. Most owner's do not take a wage and a W-2, ...
Clocking in and out8/6/2008
  Q: We were recently told at work (i'm in Missouri)that if we fail to clock in or out, a personal or ...
  A: The law is that you must be paid for all the time you work. If you forget to check in and out you ...
deduction from final paycheck.8/5/2008
  Q: We are a limo company in Connecticut. We advance all new drivers $400.00 to 800.00 cash for gas, ...
  A: The Department of Labor considers commission and tips to be payment for work. The payment on a final ...
unpaid lunch breaks8/5/2008
  Q: I am an hourly associate who punches a timeclock. I do not punch in or out for lunch. I was told ...
  A: If you are working during your lunch period and they allow you to do so than you should be paid for ...
my training weeks paycheck8/4/2008
  Q: i went to 5 days ( about 17 - 18 hours ) of orientation and training - then following monday I ...
  A: An employee without a written employment contract for a definite period of time who quits without ...
unfair treatment by employer8/4/2008
  Q: as a part time employee he has attention deficit disorder and he is supposed to be a part time ...
  A: Your son should be paid as a full time employee if he is working full time and not partly in cash. ...
Break Periods8/4/2008
  Q: A friend of mine works 16 hours a day at a hosital in Arizona. The hospital is going to make ...
  A: That is a long shift. Unfortunately neither the Federal Government nor the State of Arizona require ...
hourly rate/salary rate8/2/2008
  Q: My employer in Riverside County, California took me from salaried to hourly. To come up with an ...
  A: Are those your average hours? I figure it a little differently but similar. I take the hours worked ...
timeclocks8/2/2008
  Q: My husband works at a company that does not have time clocks. is it illegal for a company to not ...
  A: It is not illegal not to have time clocks, many companies do not have them, especially in ...
I want to know is am supposed to get paid overtime!8/2/2008
  Q: I wanted to know if am supposed to get paid overtime? On July 17th I worked from 5:00pm until 6:00am ...
  A: In California, the general overtime provisions are that a nonexempt employee 18 years of age or ...
Personal TIme8/2/2008
  Q: I recently resigned my salaried positon in California. My benefits included vacation time and ...
  A: This depends on what the policy is for your company. If your company pays out personal time to ...
Texas Payday Law8/1/2008
  Q: ....I came across your cite while having a small issue at work....If (in the great state of Texas) ...
  A: Texas workforce Commission payday laws have no provisions for paying out in the event of a holiday. ...
payrate8/1/2008
  Q: Is an employer allowed to down grade an employees payrate with out notification or reason what so ...
  A: An employer can change an employee's payrate but he must let the employee know before any work is ...
mandatory meeting8/1/2008
  Q: Our organization (product development) is having a mandatory offsite meeting. It is 2 hours away ...
  A: The company can mandate meetings, however, this seems a little unreasonable to mandate such a long ...
Clock in law8/1/2008
  Q: I have an employer who is starting to not pay an employee for hours worked if the employee does not ...
  A: It is not legal to pay the employee, however, if the employee does not clock in and out how does the ...
unique case of unpaid salary and claims8/1/2008
  Q: The company's HQ is based in Alabama. They started a Hong Kong office a few years ago. I was hired ...
  A: The headquarters in is Alabama. You can take them to court and sue them in a civil suit for unpaid ...
Healthcare was not taken out8/1/2008
  Q: Shirley, I live and work in Arizona. My employer offered me health insurance January of 2007. I was ...
  A: The amount is owed by you and since you are responsible for making sure your check is correct it is ...
can a company change payroll dates8/1/2008
  Q: I work in TN at an hourly rate of $12.00. My company is constantly griping about overtime. We have ...
  A: The company can change the payroll dates , as long as they give notice to employees before any work ...
work7/31/2008
  Q: Is it ok for the owners to treat one employee better than any other. I work with some one that ...
  A: There is no law that tells the employers how they must run their business. The law states that you ...
employee's pay7/31/2008
  Q: What do you do if you have a terminated employee who never picks up their last paycheck and all ...
  A: Ohio Revised Code Chapter 169 states that accounts become unclaimed when, over a specified period of ...
last paycheck7/31/2008
  Q: I quit my job and turned in a one week notice. I even found them someone to replace me so they ...
  A: I would contact the company and ask that they pay the two days owed. The state of Louisiana does not ...
Change in pay structure7/31/2008
  Q: Does an employer have the right to change from an hourly pay structure to commission only with 1 ...
  A: It may be grounds for collecting unemployment. It would depend on how your department of labor in ...
time cards7/31/2008
  Q: I work in Florida I would like to know. Do you have right to request copies of your time cards? If ...
  A: Unfortunately Florida is not an employee friendly state. They closed their department of labor and ...
Raise take-away7/31/2008
  Q: My general manager gave me a raise of 9 dollars an hour after becoming an official shift manager ...
  A: There are no rules that say you must be paid a raise or that it cannot be taken away. The only ...
employer failure to pay7/31/2008
  Q: my wife quit her job on june 27th (in the middle of her shift) . she was supposed to be paid the ...
  A: Your wife will need to file a minimum wage complaint form with the investigators from the county in ...
mandatory breaks7/30/2008
  Q: Shirley, I work in alabama and my company was thinking about moving to a 10hr work day mon-thru.I ...
  A: Alabama has no laws concerning breaks at all. Not rest breaks nor meal breaks. Federal law does not ...
Paid for Mandatory Meeting7/30/2008
  Q: I work in the Accounting Dept. at a law firm and our boss called a Mandatory Meeting that took place ...
  A: They can require you to go to a mandatory meeting on your lunch hour if lunch is provided. It is a ...
Salary exempt director vacation pay7/30/2008
  Q: My husband joined his present company as a salaried director at the end of March. We had already ...
  A: Unless the new company agreed to pay him for the vacation they do not have to pay for a vacation ...
fuel reimbursement7/29/2008
  Q: My company does not reimburse for mileage. However, if we have to attend a training or we are ...
  A: You can keep track of any mileage not reimbursed for work purposes. This does not count driving from ...
vacation and breaks7/29/2008
  Q: I have heard that the state of Texas does not require breaks no matter how long your shifts are, and ...
  A: Vacation is not required, it is a benefit given by the company. They can take it away, but they must ...
Commission payout after being laid off7/28/2008
  Q: I was laid off from my virtual Sales and Marketing Management job on June 5th. I am due commission ...
  A: Your time does not change. The company policy would still be applicable to these commissions. The ...
payroll checks and check cashing7/27/2008
  Q: I am sure that I read somewhere that employers are required to give employees paid time to cash ...
  A: Employers are not required to give employees paid time to cash their payroll checks, that must be ...
Withholding pay as independent contractor7/27/2008
  Q: In June 2006, I was hired by a mystery shopping service provider to manage their program. I was ...
  A: You could try putting in a claim with your local Department of Employment. I don't know how ...
Californa Labor Law7/26/2008
  Q: What is the current California Labor Laws regarding Partial Day Deductions for Exempt Employees? Is ...
  A: Exempt employees are paid a salary regardless of what day of the week, month or year. It does not ...
Late/bounced paycheck, negative sick time ARIZONA7/26/2008
  Q: I am looking for help/information regarding the following: I had worked for my company 2.5 years. ...
  A: Here is what Arizona state law says about withholding from an employee's paycheck. An employer may ...
accrued vacation pay at term7/26/2008
  Q: Reference: 5/13/08 earned vacation pay Florida. This is for Montana which happens to have a law ...
  A: You are correct, company policy dictates when vacation pay is earned. The company also may change ...
hourly employee rules7/26/2008
  Q: My employer has a policy that if you are not there at least 15 min before your shift starts that you ...
  A: This is not correct. If you are required to be to work 15 minutes early than you must be paid for ...
not getting paid7/25/2008
  Q: my granddaughter started her first job approximately 4 weeks ago. her payday was to have been ...
  A: You are correct. Have her call her local Department of Labor and they will call the employer and ...
Sudden, Unexpected and Unplanned Job Change7/25/2008
  Q: I am a supervisor for the State of California, so I am not represented by the union. I have been ...
  A: This sometimes happens when new management takes over. It is not illegal for them to change your job ...
Salaried Employee7/25/2008
  Q: Can my employer change an exempt salaried employee to an hourly employee? If so, does the hourly pay ...
  A: Employers may change a salaried exempt to an hourly if and when they choose. They must give the ...
salaried employees7/25/2008
  Q: As a salaried (not hourly) paid member of management, is there any law dictating the maximum number ...
  A: Salaried employees are paid by the job and not by the hour. Hours do not matter when salaried exempt ...
Salary Employees7/25/2008
  Q: I sign a contact stating that I was salary employee at xxxxx amount per annual year. One week I am ...
  A: Salaried exempt employees are not eligible for overtime pay! If you are being paid overtime and if ...
Short pay7/25/2008
  Q: Having worked the majority of my adult life in accounting, I felt that something was wrong with my ...
  A: Are you being paid by the hour or salaried exempt? If you are salaried exempt your wages are figured ...
overpayment7/25/2008
  Q: We have overpaid several union employees for short turn around, and underpaid them for night shift ...
  A: You are entitled to recoup all overpayments of wages, as long as you can clearly show that your ...
per diem7/24/2008
  Q: I am on a temp contract job for 6 months, which is approx 200 miles from my tax home. I am working ...
  A: I would say that the finace department or the auditor is asking for receipts. Usually those need to ...
Hostile Work Environment7/24/2008
  Q: here is my situation: I am a paralegal in the Seattle area, and last November, I was recruited away ...
  A: Most generally all the information that HR gives out to those contactiong us for job references are ...
Paper payroll check sent through the mail7/24/2008
  Q: The company I work for is an international company based in Illinois. My work site is in the state ...
  A: It is not responsible for the mail service. The company is responsible to see that direct deposit ...
retail in MA7/24/2008
  Q: I work in retail in Massachusetts. I arrived to work today, and before punching in was told to go ...
  A: The regulation in question, 455 C.M.R. §2.03(1)(a) provides, in pertinent part: [a]n employee who, ...
Manditory meetings for hour wages7/23/2008
  Q: I work as a doorman in a restaurant/bar in California. I am paid an hourly rate. Recently all the ...
  A: If you are asked to attend a mandatory staff meeting it is paid time. You should not be asked to ...
possible time card/FLSA violation7/23/2008
  Q: My boyfriend works in an NJ location for a national retail chain. Recently, he and a co-worker ...
  A: The employer should not be changing the timecard, this is not legal to do without the authorization ...
notice prior to resignation7/23/2008
  Q: Since I don`t have any conditions specified for the notice period required in my contract, knowing a ...
  A: Two weeks notice is standard notice to give to employers. It is not even required in California ...
break laws for minors7/23/2008
  Q: i understand that Pennsylvania does not have a law for breaks for employees, but you mentioned that ...
  A: The federal law provides special rules for minors under 16 years of age. There are a lot of ...
paycheck overpayment7/23/2008
  Q: I was overpaid a couple weeks ago and have ask the company to take a third of my check instead of ...
  A: They can recollect the overpayment, but they cannot take more than what would leave you at minimum ...
where?7/22/2008
  Q: I'm 14 and i need a job to save up for a car and fix my dirt bike. Do you have any suggestions on ...
  A: It appears you can do farm work such as hoeing, detasseling corn, golf caddy. I think also you would ...
Lunch breaks for salaried employees7/22/2008
  Q: Recently, my employer has stated that every employee (all are salaried) must take the lunch hour ...
  A: It is legal for the company to regulate your lunch hour. Some states do not even regulate lunch ...
Exempt to Non-Exempt Issues7/22/2008
  Q: I am considering seeking an attorney's advice, but would prefer not to go that route. However, my ...
  A: Sonya, If the positions were incorrectly classified and have been corrected than you could go after ...
work7/22/2008
  Q: do you have to work on sunday if you are not mandtory
  A: You usually work whatever schedule your company sets for you to work. I am not sure what you are ...
Unlawful Termination7/22/2008
  Q: I was recently fired from my job of 15 years for being ill with kidney problems. This is a long ...
  A: It is unlawful to termiante someone for a medical problem, however, it must be proven that you were ...
hi7/21/2008
  Q: please answer wat u can" thanks! hi,i get ssdi from the SSA and am wondering if <and in general < ...
  A: Child support agencies have access to all records. IRS has access to all records and SSA has access ...
Unpaid clocking in 5 minutes early?7/21/2008
  Q: My employer (in Texas) requires we clock in no early than 5 minute before shift (but they want us ...
  A: If you are asked to be there 10 minutes early than you should be paid for being there 10 minutes ...
Opting out of health insurance plan7/19/2008
  Q: I am a full time salaried employee. I do not take my company's health insurance plan because my ...
  A: The company is not required to pay you for opting out of the health plan even though it pays some of ...
Chances of my pay being withheld?7/19/2008
  Q: I live in Hawaii, and recently quit my job. Here are the circumstances: - I gave notice in May ...
  A: There are no grounds for withholding your paycheck. If you quit instead of being fired the company ...
Salary Exemption7/18/2008
  Q: I need help classifying Exempt and NonExempt Salaried Employees. Sales - Our sales people may or may ...
  A: If you have such a policy you still have to pay the overtime if you know ther person is working. If ...
Salary Exemption7/18/2008
  Q: I need help classifying Exempt and NonExempt Salaried Employees. Sales - Our sales people may or may ...
  A: You can make anyone non exempt there are no fines or penalties. You do not have to make an employee ...
Payroll Check returned Non suffiecent funds7/18/2008
  Q: Los Angeles County, My husbands payroll check was returned non sufficient funds from the ban and the ...
  A: Tell the company that it must be paid within the next few days or you are contacting the Labor Board ...
Withhold check because I'm not on direct deposit?7/18/2008
  Q: I am working a job over the summer and chose not to get on direct deposit because the direct deposit ...
  A: They cannot withhold your check because you do not have direct deposit. Some states allow ...
1099 versus w-27/18/2008
  Q: I have been working at a small trucking company in Michigan. I have been trying to explain the owner ...
  A: Perry, You sound like an employee to me. Here is the web page from the IRS that explains to ...
escheatment of check7/18/2008
  Q: . I am working in a BPO handling a Payroll division of one of our clients. I saw one check of an ...
  A: States each have different escheatment rules. Once the check is sent into the state the company ...
holiday pay7/18/2008
  Q: I would like to ask, that what is the minimum payed holiday you need to get as an employee legaly? ...
  A: Starting off with the basics, every province in Canada entitles an employee to vacation time after ...
Payday7/17/2008
  Q: Our company has scheduled paydays on Fridays. For those who have direct deposit, their checks are ...
  A: The payday is on Friday for everyone. Your companies direct deposits are going in earlier because ...
holiday pay7/17/2008
  Q: I would like to ask, that what is the minimum payed holiday you need to get as an employee legaly? ...
  A: If you are working in Canada legally for an employer than you should be paid the same Canadian ...
Overtime Pay and Commission7/17/2008
  Q: How do you calculate overtime pay when an employee is paid weekly, but commissions are paid on a ...
  A: You have to add the commissions to the hourly rate and divide by the number or hours worked in the ...
Required Unpaid Training7/16/2008
  Q: Good Afternoon and thank you for taking the time to read my question. My daughters father, Raul ...
  A: This sounds very suspicious to me also. Employees must be paid for all the time they work and it ...
Employment Agreement for Minor7/16/2008
  Q: I have another question related to my hiring a 15 year old for a summer internship position. Thanks ...
  A: Charles, I couldn't find one for you , so I adapted a Trainee one for you. I think I took all ...
Discrimination???7/16/2008
  Q: I understand it is correct that an employer can force employees to use vacation time to pay for time ...
  A: Salaried employees must be paid for partial days off. The Department of Labor does not care if they ...
Exempt status in relation to required minimum of hours worked7/15/2008
  Q: I am an exempt employee serving as an area director for a franchised restaurant company. My ...
  A: Treating salaried employees such as hourly employees can void the exemption and render the employee ...
Garnishments and Short-term disability7/15/2008
  Q: I am currently on short-term disability through my employer in a city in Arizona. I have two ...
  A: The amount you described is the Federal Garnishment law. Arizona does follow the federal ...
garnishment7/15/2008
  Q: Is there a proper why to deliver garnishment paper work to employer? I feel as though my paper work ...
  A: In my opinion this is not okay, but it is up to the company to set up a policy or they will leave it ...
garnishment7/15/2008
  Q: The mother works out of 2 Friendly's Ice Cream restaurants. One in RI and other in CT. The ...
  A: Once a court order for garnishment has been filed the company has to honor it until it is paid out ...
GA DOL was no help7/14/2008
  Q: I have not received my final check for one day of pay as a salaried employee. My last day of work ...
  A: The amount is small enough that the one thing I can advise you to do is take the company to small ...
Child Support Garnishment on Severance7/14/2008
  Q: We recently separated and employee from our company who has a child support garnishment order form ...
  A: Child support is universal throughout the U.S. and it is applicable to any pay, severence, vacation, ...
final paycheck after termination7/14/2008
  Q: I have a question that I really need answered and I can't seem to locate it anywhere so I am writing ...
  A: In California if you are terminated wages are to be paid immediately upon termination. As far as ...
Confidentiality7/14/2008
  Q: At my regularly scheduled one-on-one meeting last Friday, my manager was, at my request, going ...
  A: It sounds to me like an unfortunate and unintentional blunder on the part of the supervisor. Go to ...
Tuition7/13/2008
  Q: I entered into an agreement with my employer to have them cover the cost of my tuition. I made a ...
  A: You may be responsible. It would depend on whether or not the job changes constituted a breach of ...
Final Check Overpayment / Should Have Been Hourly?7/13/2008
  Q: Five months after being laid off with no severance of any kind, I'm being told that I was over paid ...
  A: Specific criteria exist to define exempt salaried positions. If you were misclassified and should ...
Commission penalty legal7/13/2008
  Q: The company I work for in Minnesota recently made a change to a salary and commission pay scheme. ...
  A: The law says you must be paid all your wages earned for the time worked. I am not sure if that ...
exempt salary employee7/13/2008
  Q: i am an exempt salaried employee...my employer requires that i work overtime hours (without pay) ...
  A: It is right to a point. PTO is a benefit given to you by the company, it is not mandated by the ...
Penalized twice for calling off and getting vacation days taken away7/11/2008
  Q: I work for a small company consisting of less than 50 employees, and we do not have a union. We do ...
  A: It is not required by law that the company give vacation or personal days. If the company does they ...
Failure to pay direct deposit.7/11/2008
  Q: My company has two locations one in VA and the other in CA. And all payroll is done by the CA office ...
  A: No it is not legal to not pay the VA employees. All employees must be paid on the assigned pay ...
clocking out for lunch7/11/2008
  Q: In Massachusetts a half hour lunch break is required to be offered for six hours of work. This can ...
  A: I do not know about a waiver that the employee can waive their lunch hour. It may be, but I could ...
Tip jar to pay register shortage?7/11/2008
  Q: I work in a small business (foodservice) in New York. We generally have three to five employees ...
  A: It is illegal to use the tip jar to cover the register. Tips are considered wages and wages may not ...
Changing Employee Timecards7/10/2008
  Q: I have been working for a company for a little over 1 year. I have recently noticed that our payroll ...
  A: You have a few concerns here. I will do what I can to address them. Timecards are legal documents. ...
Question Regarding Paid Breaks7/10/2008
  Q: I live in Kentucky and work for a restaurant. KRS 337.365 reads: 337.365 Rest periods for employees. ...
  A: The only thing they can do is prohibit smoking on thier premises which means you need to g