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Employment Law/Questions Answered by Expert Shirley McAllister, CPP, PHR

SubjectDate Asked
payroll changes2/10/2012
  Q: Non exempt employees will be having payroll changed from monthly to biweekly. When this occurs in ...
  A: They are changing your payroll system. They are changing the payday to bi-weekly. They don't just ...
payroll changes2/10/2012
  Q: Non exempt employees will be having payroll changed from monthly to biweekly. When this occurs in ...
  A: It is legal and it is the usual process when changing pay periods, most everyone holds back two ...
Inappropriate Relationship2/6/2012
  Q: I was part of a consultant project team. Our project leader worked hard to cultivate a positive ...
  A: Inappropriate relationship in regards to work would be something outside the realm of the job ...
Current Employee's Unpaid Wages2/5/2012
  Q: I live in Eugene, Oregon. My Current Employer has shorted me more then $200 on my paycheck I ...
  A: The wages should be on time and you should not have a shortage. If it is an error on the part of the ...
Figuring out employment with surgery2/3/2012
  Q: I work full time in a small office in San Francisco. I have this weird form of anemia that my doctor ...
  A: To be eligible for leave under the Family Medical Leave Act, employees must work for a covered ...
Paystub Request for Deceased Daughter2/2/2012
  Q: I am administer of my daughter's estate with fiduciary responsibility. She died in May, 2011 and I ...
  A: The company is required to send you the W-2. They are not required to furnish check stubs. You ...
not getting paid2/1/2012
  Q: My friend works for a small trucking company {2 trucks. The owner drives the 2nd one}. The owner ...
  A: First of all if your friend does something to the truck he will be arrested and thrown in jail and ...
"Grandfathering" of HR policies1/29/2012
  Q: When I was hired at by my current employer, the vacation policy allowed for 4 weeks of vacation ...
  A: Vacation policy is not goverened by the government. Vacation is not mandated the company does not ...
Reclassification of Position and Role1/28/2012
  Q: I have been with a company for over a year which is an independent retirement community. Last week ...
  A: The company can replace anyone at anytime. Unless you are discriminated against because of race, ...
W2 to 1099 change1/26/2012
  Q: Mrs. McAllister, I currently have a job with a company located in California that pays an hourly ...
  A: This is something that we are told not to do. It does throw up a red flag for an audit if a company ...
7 Minute rule1/25/2012
  Q: I am a Union representative and the company that I work for just implemented the 7 minute rule as of ...
  A: There is no 7 minute rule. What the FLSA states is that the time may be rounded to the nearest 15 ...
Am I required to reissue an uncashed paycheck?1/24/2012
  Q: I have read past responses regarding escheat laws, but my case is a little different. A former ...
  A: If the company no longer exists than it cannot issue a check. If the company mergered with or was ...
New Zealand employment issue1/24/2012
  Q: I don't know if you have any expertise in New Zealand employment law. If not I would appreciate if ...
  A: http://www.legislation.co.nz/act/public/2011/0098/latest/whole.html ...
Paid Vacation Time1/23/2012
  Q: I was laid off work in May 2011 with no expectation of returning. I had 96 hours of vacation time ...
  A: Under Michigan law, an employee is entitled to payment for any earned vacation upon termination, ...
working for no pay1/21/2012
  Q: i have worked at a hair salon for over 15 years,i am a employee with a w2 at the end of the year,my ...
  A: The employer cannot average your time if you are a W-2 employee than it goes week by week. It ...
working for no pay1/21/2012
  Q: i have worked at a hair salon for over 15 years,i am a employee with a w2 at the end of the year,my ...
  A: If you are a w-2 employee and not a 1099 contractor than you should at least be paid minimum wages. ...
Am I required to reissue an uncashed paycheck?1/19/2012
  Q: I have read past responses regarding escheat laws, but my case is a little different. A former ...
  A: You can do one of two things: Reissue the check to the employee Or Issue the check to the state ...
Salaried Employee - working 70+ hours1/19/2012
  Q: I am a salaried store manager for a retail store. My salary is based on 45 hours a week. According ...
  A: Salaried exempt employees can be asked to work as many hours as it takes to do the job. This is ...
FMLA change1/18/2012
  Q: Our company recently revised their policy on FMLA qualifications from using calendar year January ...
  A: Yes, they can change their policy as long as they let all employees know of the new policy. You ...
Overpayment1/18/2012
  Q: An employee was inadvertently overpaid in 2011. The employee is willing to offset 12 unused vacation ...
  A: If the company wishes to allow the employee to cash out his vacation pay it is not against the law ...
exempt pay1/17/2012
  Q: This company does work for banks, which close during the year for "bank holidays", ie. Martin Luther ...
  A: Legally the company has to pay the salaried exempt employees for these holidays. Also legally the ...
Overtime Mileage1/17/2012
  Q: On occasion at my job I am requested for overtime work on the weekend. My hours are fairly ...
  A: Mileage is not reimbursed from your home to your first worksite even if you are working overtime or ...
Commissions and bonuses after termination1/17/2012
  Q: I was recently terminated from my job in WA without notice. I worked in a position that was salary ...
  A: What you now have to do is file a claim for unpaid wages with the Washington Department of labor for ...
Mileage1/11/2012
  Q: I understand that mileage cannot be calculated from home to the first appointment and from the last ...
  A: The company can reimburse how it's policy reads. If you have additional amounts that are not ...
PTO in California1/9/2012
  Q: The company I work for has been acquired by another Corporation. Under the previous owners I have ...
  A: If the cap is at 240 hours than you should stop at 240 hours and not earn any more until the 240 ...
Being told that you can never be rehired in a very large organization1/7/2012
  Q: I had worked for a large hospital center which has many hospitals and departments inside their ...
  A: This is common when someone quits a company to go to another company. You are either marked eligible ...
Mandatory health insurance payroll deductions1/6/2012
  Q: I work for an employer (local government in Florida) that currently has a mandatory deduction of 5% ...
  A: I do not like Obama care it is a bad bill. This actually has nothing to do with that. It is about ...
pay for accrued vacation1/5/2012
  Q: I have an employee who was terminated due to theft. He has 6 months of accrued vacation. We are in ...
  A: In the state of Illinoise the accrued vacation must be paid, it doesn't matter why the person was ...
Mandatory health insurance payroll deductions1/5/2012
  Q: I work for an employer (local government in Florida) that currently has a mandatory deduction of 5% ...
  A: Local government employer can mandate 100 percent insurance coverage from it's employees. If you are ...
Holiday Pay and Overtime Pay1/5/2012
  Q: Our company has a holiday pay policy -- personnel will be paid time and a half for the period of ...
  A: The company needs to follow their policy and pay the employee time and a half as stated in the ...
Uniforms1/5/2012
  Q: My employer has mandated that I buy a certain pair of pants, from a certain manufacturer, at a ...
  A: http://www.twc.state.tx.us/news/efte/allowable_deductions.html#uniforms Here is what the rules say ...
FMLA question1/4/2012
  Q: My schedule at work for over a year has been 8am to 5pm im on fmla for my conditions now my director ...
  A: This depends on the hours you are being asked to work. Your doctor says you cannot work past 5 pm. ...
Time changing on Time sheets1/4/2012
  Q: I have read the part where you said it is illegal for a manager to "white out" a time sheet then ...
  A: It is not right for the manager to do this without the employee's approval. The other thing I would ...
unemplyment compensation1/2/2012
  Q: I'm having surgery on my shoulder from a fall not related to work. In a couple of weeks my doctor ...
  A: You are not allowed to collect unemployment if you are unable to work due to an injury. Because you ...
use of personal vehicle12/31/2011
  Q: My husband is in construction-he travels from state to state per his employers instructions. He is ...
  A: He is not reqired by law to do so or not to do so. The law does not cover this. He is paid mileage ...
Automatic punch in system12/30/2011
  Q: I work at a medical clinic in Wisconsin. They use a automatic punch in system. My supervisor changes ...
  A: You need to be paid for all the time you work. It is not right for the timecard to be changed to ...
Receiving PTO after 90 day probation period12/29/2011
  Q: My employee handbook. States full time employees begin accruing. Pto after 90 days of employment ...
  A: Part time employees are not eligible so when you went part time you lost the eligibility. Now when ...
retaliation12/22/2011
  Q: If i got wrote up for calling in and other emloyees didnt is that discrimination
  A: It is not discrimination. It may be poor management skills but not discrimination. To be considered ...
Employee Uniforms12/21/2011
  Q: Is it true that a company is legally responsible for providing the uniform of their company color & ...
  A: Union contracts are binding on all employees covered under the Union. If you are a Union member ...
Salary discrimination12/20/2011
  Q: Is it legal to have only a group of salaried employees punch a time clock but no other salaried ...
  A: It is not illegal to ask anyone to punch in and out. Punching in and out is at the option of the ...
Reduction in force termination12/19/2011
  Q: I was terminated in the end of Sept due to a workforce reduction. However, I worked for boss who was ...
  A: Yes legally they can terminate you or lay you off because of a workforce reduction. The reason you ...
At Will termination12/19/2011
  Q: After working over 35 years for a national railroad them came to me indicating I was an 'at will' ...
  A: You did the right thing by turning it over to EEOC. You need to tell your story and also any ...
Time cards12/16/2011
  Q: Is time cards suppose to be kept confidential?
  A: Time cards in themselves are not covered as an item that would fall under the confidentiality laws ...
my signature12/14/2011
  Q: I was recently approached on my job by my supervisor with paperwork stating that I have an ...
  A: If you miss too many days even with vacation time, personal time and sick leave you could violate ...
Payroll12/13/2011
  Q: I am set up on direct deposit with my company. A few weeks ago, my employer decided to NOT have my ...
  A: There is no such law in California. Here is what California says about the holiday and being paid. ...
Payroll12/13/2011
  Q: I am set up on direct deposit with my company. A few weeks ago, my employer decided to NOT have my ...
  A: When you sign up for direct deposit you sign a paper for authorization. Often it will say that every ...
Can I Sue?12/11/2011
  Q: I work for Dollar Tree as an assistant store manager. I've been there less than a year but the store ...
  A: I don't know about sueing the company, you would have to seek legal councel to determine if that is ...
changing timecard punches12/10/2011
  Q: An hourly employee's normal shift is 8AM-4PM and the employee is asked by a supervisor to stay later ...
  A: No this is illegal. The manager may only change the employees time card when there is a mistake made ...
Discrimination? Retaliation?12/8/2011
  Q: I was working at a neurology clinic at the patient check-out station. I just got fired for being on ...
  A: You can tell this same story to the Department of Labor. Although they cannot get your job back for ...
salary while on buisiness trip12/7/2011
  Q: I am paid by salary. I WAS RECENTLY ASKED TO GO ON A BUISINESS TRIP BY MY EMPLOYER. THEY PAID FOR ...
  A: This is illegal. A salaried exempt employee must be paid their full salary if they work any time ...
payroll12/6/2011
  Q: We have supervisor who reviews timecards to verify hours prior to payroll. Then, after payroll, ...
  A: I agree, however, it is still not against the law as there is no law against the supervisor checking ...
payroll12/6/2011
  Q: We have supervisor who reviews timecards to verify hours prior to payroll. Then, after payroll, ...
  A: It is no violation. There should be no personal information on the check stub that the supervisor ...
payroll12/6/2011
  Q: I was hired as full-time employee, for 40 hours a week and no less than 34 hours when we enter into ...
  A: The employer has the right to schedule the employee what hours he needs to get the work done. There ...
Vacation pay after resignation12/5/2011
  Q: Shirley, I see where you answered a question related to this for the state of Michigan. However I ...
  A: It depends on the policy of the Company. Time is not required to be given, as in your company if it ...
FMLA question12/2/2011
  Q: my fmla states i can take off 1 to 2 times per month 2 to 3 days at a time.can my supervisor tell me ...
  A: FMLA is for medical reasons, it must be substatiated by medical notes. You cannot have a flat ...
TIME CLOCK12/2/2011
  Q: Is it okay for our employer to suddenly have a small group of the office staff start punching a time ...
  A: It is legal for the company to require a specific group to use the time clock. Specifically hourly ...
Oregon Law on payment of acrued vacation time12/1/2011
  Q: I saw in your response to a ...
  A: Vacation pay is a matter of agreement between employers and employees. Employers don't have to offer ...
Working over Christmas break12/1/2011
  Q: Our company has decided to close the week between Christmas and New Years. The employees receive 2 ...
  A: You do not have to allow them to work. Holiday pay is not work. However, they are correct if they ...
not paying for hours worked11/30/2011
  Q: We are a cleaning company with employee's throughout many states. Employee's are required to clock ...
  A: The Fair Labor Standards Act says the employee must be paid for all hours worked. The Department of ...
late final check and evenlater PTO payout with incorrect deductions11/29/2011
  Q: The date of my last day of employment was October 10, 2011. I received my direct deposit on the 24th ...
  A: It depends whether or not you paid your deductions once a month or twice a month. Our deduction are ...
exempt employee pay for being sick11/17/2011
  Q: I was in a car accident and was instructed by my doctor to take a week off. I sent in my note to my ...
  A: Salaried employees do not have to be paid if they are off for a whole week. If the salaried employee ...
Pay stub11/14/2011
  Q: I have direct deposit for my paycheck. My company does make a pay stub available, however, we must ...
  A: The company has to make the slips available. You can ask them to mail them. Offer to give them a ...
Illinois minimum wage law11/14/2011
  Q: The salon I have been working for since April was recently reported to the IDOL for minimum wage ...
  A: It is not legal to claim less hours than you have worked and this practice should immediately be ...
Payroll and Checks11/11/2011
  Q: I work for a company that is being bought out. In the past several months my current company has ...
  A: You have the right to file a complaint with the Department of labor because your are not being paid ...
Health Insurance Info11/8/2011
  Q: Does my employer have the right to read my health insurance application? Thanks, Margie
  A: The employer has to read the health insurance application in order to sign you up for insurance. A ...
OT hourly maintenance man10/28/2011
  Q: but I am asking about our maintenance man for our property. He is hourly, but takes the emergency ...
  A: First the maintenance man is paid only if he takes emergency phone calls than he is paid for the ...
electronic time clock records10/28/2011
  Q: I work for a company who recently changed to an electronic time card system, everyone is assigned a ...
  A: What you do is keep a log. Write your time down on paper for each day. Thank you check it against ...
Salary vs Hourly & unpaid lunch breaks10/25/2011
  Q: I am an LPN in Maryland. My shift is 8.5 hours and a 30 minute unpaid break is deducted each shift. ...
  A: You are not wrong. In order for the 30 minute lunch break to be deducted the employee must have 30 ...
Employers waiting on tables10/17/2011
  Q: We have a small restaurant in Northern California where there are some waiters and owners both ...
  A: This rule came about become some owners were taking all the tips from the employees and keeping them ...
payroll10/13/2011
  Q: can a company force you to do direct depoist, i've always got a check they say theres just 4 people ...
  A: They cannot force direct deposit, but they can force a paycard instead of direct deposit if you do ...
Termination10/13/2011
  Q: My concern is I was working at ITS Staffing Solutions for one and a half years, I started as a co-op ...
  A: It is illegal to terminate someone for having a disability. You need to call and talk to the EEOC ...
Signing Timesheets10/12/2011
  Q: We only have manual timesheets that we fill out weekly and turn in. There is no signature line for ...
  A: The federal law FLSA (Fair Labor Standards Act) says that you must be paid for all the time you ...
Dual Rate Positions10/11/2011
  Q: If you have an hourly employee (non-exempt) filling in for a salaried employee (exempt) for a few ...
  A: If the front desk person is making decisions and has that responsibility than that person should be ...
Employer Holding Check10/11/2011
  Q: I recently changed banks, and apparently made a mistake on the direct deposit form (though it's not ...
  A: If there is a mistake in the numbers on the deposit form for direct deposit than the direct deposit ...
wages10/6/2011
  Q: i am expecting to be salary soon, is it illegal to pay someone less at salary than what they would ...
  A: The employment laws only cover the minimum payments which must be made to the employees. Employment ...
Employee Privacy on Compensation10/5/2011
  Q: I work at a Country Club Community in Florida. A member of the community is requesting salary ...
  A: The employees have a right to expect confidentiality from management at their place of business. ...
work for no-pay10/4/2011
  Q: My contracted hours as an aide in a school are from 9:00 to 1:00. Last year my contract started at ...
  A: You can resist it since it is not in your contract, however, is it worth it to you? You will be seen ...
FMLA10/2/2011
  Q: I applied for FMLA last week and I got denied. I couldn't understand why,because the documents I ...
  A: I would suggest that you call the Department of Labor and speek to the person in charge of FMLA. ...
Health Insurance Deduction9/29/2011
  Q: Sometimes I hear other employees talk about the high cost of insurance and how much they are paying ...
  A: Health insurance depends on the coverage the company is paying for and the company they are paying ...
PTO getting taken away9/28/2011
  Q: I was wondering if you could help me. My husband, who gets paid hourly, is getting his PTO taken ...
  A: Is he being paid for the 2 hours of PTO? If he is being paid for the 2 hours of PTO this is legal if ...
VA Laws Regarding PTO for Part Time and FT Employees9/26/2011
  Q: I work in the State of Virginia and had two questions. First questions is that I was told we collect ...
  A: Sick pay is not mandated to be paid out if you terminate because it is given for the sole reason ...
Mandatory overtime at half pay9/25/2011
  Q: I've worked for a company nearly 10 years now on a weekend schedule, originally three 12 hour days, ...
  A: If you are non exempt hourly it does not matter what type of flex schedule you work all hours worked ...
timesheets9/24/2011
  Q: Do our salaried employees need to fill out time sheets? They are paid for a full time week and I ...
  A: The government says the company must have a timesheet on file for every employee. In case of an ...
demotion because of pregnancy9/22/2011
  Q: I had my performance review with my manager yesterday. it was quite rushed and it was discussed that ...
  A: The labor law actually says you cannot be discriminated against because of a pregnancy. If you are ...
Labor Laws on hourly wage AND tip retention in AZ9/21/2011
  Q: First I want to thank you for your time and expertise. I just began working as a server at ...
  A: This is not right and it needs to be reported to the Department of Labor if it continues. Yes you ...
bathroom breaks9/19/2011
  Q: Good Afternoon, We have been having issues with our employees taking extremely long bathroom ...
  A: I suggest you write a new break and lunch time policy and have each employee sign for it that they ...
FMLA paperwork9/19/2011
  Q: Our HR manager approached me saying I "had" to fill out the FMLA paperwork because of my ...
  A: It is not illegal, the government says they must be proactive and make sure that all employees that ...
Time clock9/19/2011
  Q: My employer Takes a 1/2 hour For Being Late 1 minute I s This Legal?
  A: No he should not take a 1/2 hour for lat 1 minute. This is not right and should be reported to the ...
Employer never paid for my work9/18/2011
  Q: I got a job in Missouri (Company A) from an agency in Chicago (company B) as a contractor on 1099. I ...
  A: This sounds like a huge scam to me. You would have to file in Missouri where you got the job and on ...
getting paid for work completed9/14/2011
  Q: i have a question about getting paid for work already completed. i live in florida, and that's ...
  A: This is too long to wait to be paid. Contact the Florida Agency for Workforce Innovation by ...
unfair treatment/sanitation9/13/2011
  Q: I've been working at a small family owned business for alittle over a year now. Basically we take ...
  A: I think he did you a favor by firing you, I also think if you explain they same way you did above to ...
False sexual harassment9/13/2011
  Q: What can be done about female employees who falsely accuse men of sexual harassment? What about some ...
  A: If you are falsely accused of sexual harrassment and you can prove that it is false you could sue ...
Timecards9/13/2011
  Q: We have a new bookkeeper and she said we cannot write on our timecards. The old bookkeeper let us ...
  A: If you are not allowed to write on the timecards than get some small post it notes and write on the ...
Employee refuses to pay back an overpayment8/30/2011
  Q: We have an employee who is refusing to sign a payroll deduction agreement for wages that were ...
  A: An overpayment in wages can be recouped from the employee if the rules are followed correctly. ...
Possible wrongful treatment8/30/2011
  Q: I was put on a written probation based on poor job performance on this past Fri. I have been ...
  A: I would do my best to make it through the probationary period. If you quit you will not be eligible ...
vacation pay after a lay off8/30/2011
  Q: I worked for my previous company for 27 year. I had accrued 6 weeks of vacation,prior to my lay off ...
  A: The state of Michigan says the company must pay terminated employees for Fringe Benefits (this would ...
Overpaid hourly wages8/29/2011
  Q: We recently discovered that one of our full time, hourly employees has been paid 50c per hour too ...
  A: He has already paid taxes on this amount, so if he pays it back it should be taken off pretax. We ...
uniforms8/29/2011
  Q: My work requires that during football season we have to wear a different uniform shirt on the ...
  A: http://www.twc.state.tx.us/news/efte/deduction_problems_under_tpl.html#deductionsothercosts 30c04 ...
Pay Stubs8/26/2011
  Q: I work for a restaurant in Florida. I have asked my employer for 2010 pay stubs, that I have ...
  A: Try asking the head office in Tennessee. They might be more receptive. You need to get to payroll ...
not getting paid8/24/2011
  Q: if i call the labor board and report my company is ten paychecks behind, what will happen to me ...
  A: The Department of Labor will make the company pay you the unpaid wages. At this point losing your ...
Employee skipping lunch8/24/2011
  Q: The reason she gives is that she wants to get her work done. I know CA labor law is touchy on these ...
  A: You must pay her if she works through lunch. You do not have to put up with the behavior. You sit ...
Calculating a terminating exempt employee's pay8/23/2011
  Q: We have an exempt employee terminating one day before payday. We're paid on a monthly basis. I ...
  A: You should calculate it the same for all terminating employees. It does not matter which method is ...
Doc's Appt in CA8/23/2011
  Q: First off, this is not prenatal question. I have lots of questions about my current employers' ...
  A: Make sure you get a note from your doctor and take the note back to work and give a copy to your ...
Re-certification classes8/23/2011
  Q: I work for a hospital in Florida as a nurse. My employer requires me to recertify every year for ...
  A: If the company requires specific courses such as the CPR and ACLS they should pay for the classes. ...
Break Laws8/23/2011
  Q: At my place of work, we are having problems with workers always needing a smoke "break". I am the ...
  A: You are not required to give any breaks at all in the state of Missouri. It is within your rights to ...
PTO8/22/2011
  Q: Associates are asked to keep unscheduled PTO usage to a minimum. Continual unscheduled PTO usage may ...
  A: PTO is a fringe benefit given by the company. It is not mandated by law. If the company gives PTO ...
WA State minimum wage and commission8/22/2011
  Q: I work full time as an advertising consultant/office assistant at a newspaper in Washington State. ...
  A: Your paycheck for 40 hours of work should equal out to minimum wage. You must earn at least 8.67 X ...
firing8/19/2011
  Q: do payroll personhave the authority to fire cleaning people without a reason if funds be cut but new ...
  A: An employer can fire an employee in person, over the telephone, or by mail; the way an employer does ...
payroll and HR8/19/2011
  Q: can your payroll and HR lady be the same person by law. It seem i work for a company that seems to ...
  A: Yes payroll and HR can be the same person and it is in many companies. I do both Payroll and HR and ...
FMLA issue8/18/2011
  Q: well i am not sure of this and would like to know.. I have a grandmother who is terminal they have ...
  A: It is not right that they should work with the other employee and not with you. I would schedule a ...
Overpaid when left job8/16/2011
  Q: I was working as a manager in a company that is based in Pennsylvania but the shop location where I ...
  A: If it is not earned than technically it is not yours to keep and you should return it. Practiacally ...
Disability8/16/2011
  Q: I was placed on disability leave of absence after a leg amputation. According to the District board ...
  A: I would like to answer your question, however, I am not that familiar with the academic rules. I do ...
PTO after quitting a job8/15/2011
  Q: My husband recently quit his job and at the time he put in his notice, his boss happily told him ...
  A: In the state of Missouri employers are not required to provide vacation pay, holiday pay, or ...
Time clock rounding8/15/2011
  Q: I work for a company in Simpsonville SC and they are using the 15 minute time clock rounding rule. ...
  A: I misunderstood your question. I thought you meant you started work at 7:45 and ended at 5.15. If ...
Time clock rounding8/15/2011
  Q: I work for a company in Simpsonville SC and they are using the 15 minute time clock rounding rule. ...
  A: If they are rounding to the nearest 15 minutes than it is a 7 minute time period. You would have to ...
Forced meal periods8/15/2011
  Q: I work for a retail furniture store in California which has been sued in the past for not letting ...
  A: The company is allowed to mandate a lunch break of 30 minutes or more even if by law they are not ...
Termination - Pay8/14/2011
  Q: I know someone who was recently terminated. I would like to know if my advise to this person is in ...
  A: New Jersey is an at will state. They can terminate at will and they are not required to pay ...
Late paychecks8/13/2011
  Q: I live in Illinois and work at a daycare center that is licensed by Illinois Department of Children ...
  A: You cannot be paid late on a consistent basis. If one check is late because of a problem it is not ...
Paycheck Stuffers and Waiting for Paycheck8/12/2011
  Q: Two questions... 1 - Heard there was a recent successful lawsuit wherein an employee received ...
  A: The law states that you must be paid on your paydate. It does not specify at which time you must be ...
determining where I worked for unemployment purposes8/11/2011
  Q: My employer has its corporate headquarters in my state (Virginia). When I worked for them fulltime, ...
  A: Unfortunately you are at the mercy of the Department of Labor with unemployment. Usually attorney's ...
determining where I worked for unemployment purposes8/10/2011
  Q: My employer has its corporate headquarters in my state (Virginia). When I worked for them fulltime, ...
  A: I believe since your claim is already open with Maryland all you need do for the extension is to ...
Vacation time8/10/2011
  Q: I worked for a company in Mentor Ohio, and left with a two week notice. I know in the past they paid ...
  A: In the case of holiday and vacation pay, Ohio State Labor Code does not even address the issue of ...
Salaried Employees8/9/2011
  Q: I am a full time salaried employee residing in the state of Texas. I was docked four hours of pay; ...
  A: Full time salaried exempt employees cannot be docked for partial days. This is not legal. If the ...
retirement law8/9/2011
  Q: Is an employer allowed to ask you when you are retiring? Can they force you to retire before the ...
  A: An employer can ask when you are retiring. You do not have to answer. You should not be forced to ...
reduced pay8/8/2011
  Q: Ive worked for an electrical contracter for 8months at 22$ per hour. Friday I recieved my paycheck ...
  A: This is a management decision. Unless it is a discrimination because of color, race or gender it is ...
overtime8/7/2011
  Q: I'm a stna and I worked a 15 hr shift. After my eight hours am I entitled to overtime pay?
  A: You are entitled to overtime pay if you work more than 40 hours in a week. One day adds up to the ...
not getting paid!!8/5/2011
  Q: The person in charge of pay roll seems to feel that it doesnt matter when she cuts the paychecks. On ...
  A: You need to contact the Department of Labor in your state and let them know you are not being paid. ...
Pay Different Rate for Tardiness8/4/2011
  Q: We are located in New York. If a person is making $12/hour, but is routinely 15-20 minutes late, ...
  A: This would be seen as a punishment. You are not allowed to punish employees by docking wages. Yes, ...
Company Policy / Mileage8/3/2011
  Q: The company I currently work for has a written policy stating that employees who use their personal ...
  A: You are entitled to what is in the written policy. If he is only paying 1/2 than he needs to rewrite ...
Release of Private Information8/3/2011
  Q: Several months ago I was asked to resign from my job due to an erroneous accusation made against me. ...
  A: Most HR employees will only give out dates of hire, dates of termination and whether or not you are ...
Race discrimination8/2/2011
  Q: As the only black on a team of 10-people, I have harassed by my coworker by shouting and passing ...
  A: Neville, discrimination against anyone is not okay. You should immediately go to the Department of ...
Falsifying a timesheet8/2/2011
  Q: I recently have been fired for "falsifying my timesheet" I work as an air conditioning mechanic and ...
  A: Wow! That sounds a bit extreme without a warning first, especially since it has been an ongoing ...
Exempt employees accurately recording time worked8/1/2011
  Q: Do exempt employees need to record actual time worked on a time sheet. Our employees work 40 hours ...
  A: Exempt employees are paid by the job and not by the hour. We just record 40 hours a week for those ...
changing electronic time punches7/30/2011
  Q: If an employer uses an electronic (kronos) timekeeper for payroll, is it illegal for a person who is ...
  A: If the time is accidentally changed to vacation instead of regular time than yes it would be fair to ...
changing payroll with short notice7/29/2011
  Q: I recently got a notice today stating that starting August we will start getting pay on the 15 and ...
  A: Payroll dates can be changed if they are changed before any work is completed under the new paydate. ...
FMLA - Employee choice?7/27/2011
  Q: I have an employee who took 30 days off work for a surgical procedure. The Corporate office said she ...
  A: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&v ...
FMLA - Employee choice?7/27/2011
  Q: I have an employee who took 30 days off work for a surgical procedure. The Corporate office said she ...
  A: When workers decide not use FMLA, employers aren’t obligated to try and persuade them otherwise, or ...
Are production employees entitled to a non production area to eat lunch?7/27/2011
  Q: My husband works in a machine shop, with large, heavy, dangerous equipment at his work station. The ...
  A: Texas does not have any laws requiring an employer to provide a meal period or breaks to employees ...
Direct Deposit stubs7/26/2011
  Q: Aside from the name,address,hours,wages, Employee # and last 4 digits of the SSN, what other ...
  A: On ours we have the company name and address The date and amount Employee name and address Bank ...
Payroll and Benefits7/26/2011
  Q: I recently left a job where the employer could not make regular payroll. Over the last three (3) ...
  A: Your last paycheck must be paid to you. Vacation pay is only considered wages if you live in a ...
Suspension without a set date7/25/2011
  Q: I was suspended on Thursday.I was given a "write up" stating that I had not clocked in/out the ...
  A: Can you prove you clocked in and out...do you have a copy of timesheet? Was there someone else there ...
Probable ADA violation7/24/2011
  Q: "Hi, I hope you can answer my question. I am currently employed, working 30 hours a week instead of ...
  A: You are within your right to contact an ADA representative to help you with your ADA rights. I do ...
Vacation time upon buy out7/22/2011
  Q: A company has just bought the company I work for out, we have vacation time that will e available in ...
  A: This really depends a lot on which state you work in. The federal labor laws do not address vacation ...
Furloughs for FLSA Exempt7/21/2011
  Q: I am a FLSA exempt employee for the state of Georgia. For the past 2 years, my agency has been ...
  A: It is more difficult to implement furloughs for employees that are exempt from wage and hour ...
Slander/Defamation of Character7/20/2011
  Q: Greetings, I've been working off the books for a taxi company in NYC for 10 years. Recently, they ...
  A: This is definately slander. You need to find an attorney that will take the case on contingency that ...
Mailing of Paychecks7/19/2011
  Q: Shirley, I read your response to a previous question about mailing paychecks to employees who elect ...
  A: There are no regulations that specify "paychecks" in the federal rules. What the rules say is that ...
Tips7/18/2011
  Q: I work for a cleaning service, and there are about 8 women who work for the company. There are ...
  A: The state of Pennsylvania has not tip pooling laws. The federal government only says that tips ...
FMLA questions7/18/2011
  Q: I was out on work related stress for a length of time, approximately 4 months ...
  A: You only have 12 weeks of FMLA for every 12 month. When it is used you cannot be recertified for ...
Lunch Times7/17/2011
  Q: Are there specific times you must be given a lunch period. Are you required to wait so many hours ...
  A: Pennsylvania does not have laws regarding breaks or meal periods for most adult workers. In the ...
Comp time, vacation time, and sick leave7/16/2011
  Q: I actually have more than one question that relate to each other. I work for a privately owned ...
  A: The first thing I see wrong here is that private corporations are not allowed to use comp time ...
PAYROLL7/15/2011
  Q: we are paid twice each month, the 1st, and the 16th. I live and work in California. During the last ...
  A: If the pay is cut off in order to process a check yes they can pay the overtime on the next pay ...
Employer Deduction from Pay7/15/2011
  Q: My employer deducts 5.00 from each pay for what they call FBCD: this is for food/beverages consumed ...
  A: It is is to cover food and beverages consumed while on shift that is why you are paying into the ...
salary hours worked not being shown7/15/2011
  Q: I have a question about my salary. I understand a salary is compensation to do a job for a "Set" ...
  A: Salaried does not go by hours but by the job as you stated and you are correct. The 80 hours is a ...
Harassment / insult7/14/2011
  Q: There is a employee that works in the same department as me. She is the department director pet. He ...
  A: Sometimes you get people like this. There is nothing you can do about them. You cannot control how ...
Employer withholding a check after I have been "terminated"7/13/2011
  Q: I recently quit my part-time job at a customer service food shop without two weeks notice. A few ...
  A: If you do not receive your check in the next few days you have a couple of options: 1) You can file ...
Wrongful Dismissal7/13/2011
  Q: What is the statute of limitations with regards to filing a wrongful dismissal case in Alberta, ...
  A: From what I can find it is 2 years in Alberta. Here is a case where the employee was not allowed to ...
write-ups7/13/2011
  Q: i was recently wrote up at work for calling in two days. the policy we have states if you need to ...
  A: No one can make you sign anything you do not wish to sign. They can make it hard on you at work. YOu ...
Overtime Rules7/12/2011
  Q: At my company ( an assembly line), management has been tasked to eliminate overtime. We work a two ...
  A: It is a rather odd schedule, however, if time goes in at midnight or whenever it goes in than the ...
insurance payments after firing7/12/2011
  Q: My husband was fired for what I think is a terrible reason. He made a change to a machine that is ...
  A: It is illegal to cut the health insurance off immediately. You must be covered for the full 30 days ...
time card correction7/12/2011
  Q: I have an employee that I believe is falsifying his timecard on most days. I own a construction ...
  A: You cannot change his timecard on suspicion that he is not at work on time. My suggestion would be ...
salary7/11/2011
  Q: I was a bookkeeper at a company. My boss bounced back and forth from a 1099 to a w2 with my salary. ...
  A: If he is illegally misclassifying you as a 1099 employee you need to contact the Department of Labor ...
altering of time cards7/10/2011
  Q: I want to sue my company for altering my time cards without notifying me. My manager has been doing ...
  A: what do you hope to gain from a suit? If you file suit against someone you can only gain what you ...
Paycheck disbursement7/8/2011
  Q: If an employee calls and says that he needs his paycheck but can not get here and he would like his ...
  A: This happens once in a while. First of all the mother has to bring in a paper signed by the ...
salaried payday7/8/2011
  Q: I am a salaried employee and had a question about a payday issue I am having. I am currently ...
  A: We do not pay our hourly employees through the Friday we cut off a week early for hourly we cut ...
salaried payday7/8/2011
  Q: I am a salaried employee and had a question about a payday issue I am having. I am currently ...
  A: We pay our employees every two weeks. The week ends on Friday and we pay for Friday. If they don't ...
Absconded from a Govt company7/7/2011
  Q: I have joined in a govt. company in 2007 jan,by signing a bond between me and company stating Need ...
  A: You should talk to an attorney. They can sue you for the amount, but if you have a good attorney he ...
HR Policy- Attendance and Doctors Notes7/7/2011
  Q: In North Carolina, Raleigh is the city my employer is enacting a new HR policy and has advised that ...
  A: This is not legal. If the policy says that all time off must be documented by doctor notes this is ...
How to Pay On Call for Hourly Employees7/6/2011
  Q: I'm looking for guidance on how we might pay an hourly employee for on-call time. We have a position ...
  A: I agree with your assessment. I would say if you have a particular employee that regularly spends at ...
How to Pay On Call for Hourly Employees7/6/2011
  Q: I'm looking for guidance on how we might pay an hourly employee for on-call time. We have a position ...
  A: Whether hours spent on call are compensable hours of work must be decided on a case to case basis ...
Overpayment following resignation7/6/2011
  Q: i resigned from my former employer who is based in another state in Nov 2010. I continued to receive ...
  A: I think you know the answer to the question. Legally it is not your money to keep and after the ...
Paying for Employee Conferences7/5/2011
  Q: Our company has come up with a plan to help supplement a trip to a conference some employees wish to ...
  A: If the training is during their regularly scheduled work hours than they must be compensated for the ...
Florida Lunch Break7/4/2011
  Q: Are lunch breaks mandatory for nonexempt salaried employees in Florida? I live far from my work, ...
  A: Florida is a hard state to get any answers from. They do not have a department of labor office ...
mileage rate7/3/2011
  Q: Is there a legal requirement for mileage reimbursement? If so what is it? Also, my boss requires ...
  A: You are not paid for traveling to the first location and home from the last location. You should be ...
Unpaid wages7/2/2011
  Q: I am a salaried employee and average 70 hours a week 140 per pay period. I am paid bi-weekly. In my ...
  A: Salaried exempt can have 1 full day deducted from their wages if it is for personal reasons. Sick ...
Contractor/Per diem/Overtime7/1/2011
  Q: You stated in the link attached that overtime must be paid for an employee. If the individual is a ...
  A: Generally contractors are self employed. They are not employees but independent contractors. They ...
non-exempt to exempt retro pay7/1/2011
  Q: I was reclassified to an exempt classification 40 hours from non-exempt 35 hours. Retro pay is going ...
  A: It depends on what method your HR/Payroll person decides to use. Generally the former salaried ...
Holding paychecks6/30/2011
  Q: I have been working at my place of business and I was told that they could hold my paycheck because ...
  A: This is not legal, the company cannot withhold your paycheck. The Federal "Fair Labor Standards Act" ...
holiday pay6/30/2011
  Q: If a holiday falls on a Monday and my normally scheduled day off is on a Monday, and an employer ...
  A: You are only entitled to Holiday pay if your company policy says you will be paid for the holiday ...
Manager changing timesheets6/29/2011
  Q: Where I work you must write in the time for both signing in and out. On multiple occasions I have ...
  A: Managers should not ever white out a time and write in a new time. If a time must be changed it ...
hours worked vs hours scheduled6/29/2011
  Q: A little bit of background before the question. I work for a local government/police department in ...
  A: If you take leave the actual hours worked must be on the timesheet as the actual hours worked. It ...
ss# on paystub6/28/2011
  Q: what is the status of this? Is there pending legislation that prohibits this?
  A: It is a really bad idea to put the full SS# on the paycheck. There are no laws in Massachusetts that ...
hours worked vs hours scheduled6/28/2011
  Q: A little bit of background before the question. I work for a local government/police department in ...
  A: Okay that was confusing! The law they are referring is the FLSA (Fair Labor Standards Act). The ...
Compensation6/28/2011
  Q: My last employer paid for medical and dental benefits, medical by Blue Cross. Approaching my 65th ...
  A: If you are no longer employed you cannot go back and make him pay your medical or give you extra ...
employment6/25/2011
  Q: my girlfriend recently started a full time employment.(3 weeks ago) 1 week after she started found ...
  A: It is illegal to discriminate against an employee because of a pregnancy. There is actually a ...
Accrued Vacation Time6/24/2011
  Q: In a previous response regarding whether accrued vacation time would be honored as accrued wages ...
  A: That is a good question. My gut reaction is that the Department of Labor within the state the work ...
Company Termination of 401K Plan6/24/2011
  Q: I wanted to know how long it usually takes to receive a pay out of your 401K Plan if your employer ...
  A: Information should be given to you at least on a quarterly basis. The Department of Labor EBSA ...
Scheduling6/22/2011
  Q: Is it legal in the state of Idaho to make an employee wait to clock after their scheduled time. ...
  A: You should be allowed to clock in when you arrive for work. If you are not to clock in for 30 or 60 ...
wrongful termination?6/22/2011
  Q: Last week I fell asleep on the job because I started on a new medication that has been making me ...
  A: This is unfair to you. You should get a note from your doctor saying that the medication has side ...
Employer asking to take money off my pay6/20/2011
  Q: I work for a local fast food company and I have recently run into some problems with my employer. ...
  A: Sorry it has taken me so long. All of a sudden it got really busy here at work and I didn't have ...
Changing time cards6/16/2011
  Q: Last week I worked a 4 hour shift and during that time I took a 15 minute break. The lead ...
  A: Some states allow breaks and some do not. No state allows a break every two hours. Your company may ...
Change in time keeping6/16/2011
  Q: My employer recently changed time keeping systems. We went from a system that recorded and paid ...
  A: If you punch in 8 minutes before it should round to your advantage. I can't change the rules just ...
Change in time keeping6/16/2011
  Q: My employer recently changed time keeping systems. We went from a system that recorded and paid ...
  A: No the company is allowed to round to the nearest 15 minutes. This isn't something that they need to ...
Split Shifts6/16/2011
  Q: I have been scheduled continuously to come in at 9am and close at 7:15pm with a 2-3 hour lunch ...
  A: I would consider this a split shift. It is legal for them to call the day off and say to not come in ...
meals deducted from paychecks6/15/2011
  Q: Can an employer deduct a certain amount for meals each shift from your paycheck? I chose not to eat ...
  A: If you choose not to eat at work than it is illegal for meals to be deducted from your check. You ...
Demote6/15/2011
  Q: I live in MD & i was demoted from my position almost 2 months ago for really nothing at all. My pay ...
  A: The form probably just now got turned into Payroll for the pay change. I wouldn't worry about the ...
Direct deposit6/14/2011
  Q: I work for a city fire department in Washington State. My employer currently refuses to allow its ...
  A: In the State of Washington employers may pay a worker by direct deposit if there is no fee charged ...
California Fringe benefit6/14/2011
  Q: As a employer I provide medical to an employee, can I deduct the health and welfare $5.76 FRINGE ...
  A: No you cannot deduct this amount from their hourly wage. You can have them pay an x amount for their ...
Hourly employees6/14/2011
  Q: Ambulance company is located in Pennsylvania. employees are paid bi weekly pay week ends on ...
  A: This is not a good way to enter time. You will be constantly adjusting the next payperiod which will ...
Raises / Employee paid 40 hours6/14/2011
  Q: I have two questions. The first one has to do with raises. Several years ago the our entire ...
  A: These questions are all internal affairs within the company situations. The employment and labor ...
copying of a fellow employees time card without that persons permission6/13/2011
  Q: my daughter walked into her office to find one of the other employees copying and faxing my ...
  A: The timecard is of little importance. The major importance is that the employee was in your ...
copying of a fellow employees time card without that persons permission6/11/2011
  Q: my daughter walked into her office to find one of the other employees copying and faxing my ...
  A: It is legal if the employee is working in Accounting, Payroll, Human Resources or as a supervisory ...
Change of Exemption status6/10/2011
  Q: I work as an Accountant. My employer decided earlier this week that I was misclassified as a ...
  A: If you are misclassified as exempt and should be non exempt you can go back if you have proof of ...
Salaried Employees being forced to work overtime6/9/2011
  Q: I live and work in Phoenix, AZ. I work for a major corporation. My direct supervisor is loading me ...
  A: It is abusing the system, but yes it is legal. The salaried exempt employee is not eligible for ...
payroll6/8/2011
  Q: My daughters boss started taking the bank deposits around the first of the year and now he has lost ...
  A: If he lost the bank deposit than he should not be holding it out of your mother's check as she did ...
mandatory uniform change6/8/2011
  Q: The company I work in Georgia for is changing our dress policy. They are supplying the shirts but ...
  A: They can insist that basic wardrobe items be worn at work, such as black pants, black shoes, and a ...
Direct Deposit Paid Twice6/6/2011
  Q: If a salaried exempt employee was paid twice through direct deposit for one pay period and the ...
  A: The company has to collect from the employee. They cannot take all out of one check. YOu will have ...
Time Clock6/5/2011
  Q: An hourly employee clocks in 2 or 3 minutes before shift, and their time is changed through a ...
  A: It is legal to round time automatically with the time clocks to the nearest 15 minutes. If you ...
layoff w/o formal notification6/4/2011
  Q: My dad has been working as a chef in a restaurant in Rockville, MD for about 4 years. His employer ...
  A: In the state of Maryland the employer does not have to pay severence pay if he is laid off. He also ...
forced to do dept manager job6/3/2011
  Q: I have been told that when my manager goes on vacation that i must do the ordering for my bakery ...
  A: When you work for a company you are required to do whatever job they assign you to do. If you do ...
Payday issues6/3/2011
  Q: I would like to know if it is illegal in Utah for people who sign up for direct deposit, to be paid ...
  A: All employees must be paid at the same time on the same payday. Direct deposit may not be paid a day ...
Banked Sick Days6/3/2011
  Q: Our department has just been sold to a an international outsource company which will take in effect ...
  A: It is unfair to the employee, however, the law does not include sick days which are banked to be ...
FMLA guidelines6/2/2011
  Q: I am over my 480 hours for fmal only by 1.5 hours. Next week I will be under the 480 hours. I have ...
  A: If you are over the hours for FMLA than yes you must wait until you are under the hours before you ...
Retroactive Pay cut6/1/2011
  Q: Does the State of Ohio and federal law allow retroactive pay cuts?
  A: No retroactive pay cuts are not allowed. A pay cut can only be for wages not yet worked. The company ...
Employer holding paychecks5/31/2011
  Q: I work for an independent business. We are supposed to be getting paid every Friday, but the ...
  A: They can pay you on Tuesday before closing time. You should have been paid on Friday and given at ...
Cash drawer5/27/2011
  Q: Ther has been a shortage in the cash drawer at my work, small but still a shortage. The register is ...
  A: This is from the California department of labor website: ...
payroll problems5/27/2011
  Q: My husband works for a cargo trailer plant that pays employees based on peace rate, he gets paid by ...
  A: If your husband quits he will not be allowed to draw unemployment benefits because the pay he is ...
Show up law in Louisiana5/27/2011
  Q: I have been constantly sent home early after reporting to work. Does Louisiana have a show up law ...
  A: Louisiana doe snot have a show up pay law. There are only a few states that do, Oregon, California ...
Email privacy5/26/2011
  Q: McAllister, I was terminated from my employer for an attendance issue. I won my unemployment claim ...
  A: If the email belongs to the company anything sent from it is company property. Nothing is private if ...
employer not paying bonus5/25/2011
  Q: my employer has a set of goals to meet to receive pay bonus's. I met those goals, i wrote it on my ...
  A: The laws simply protect the hourly wage not a bonus in addition to the hourly wage. However, if it ...
grandfather clause5/25/2011
  Q: i was hire in july in the uaw when i started work i was under a contract, i worked under that ...
  A: Since it is a union with a union contract you need to go to the union steward and talk to him/her ...
Job Interview5/25/2011
  Q: McAllister, I just got off the phone with my sister-in-law who was told today about an interview ...
  A: This is done often when switching even from one department to another in the same company. Quite ...
Dissolving 401k plan5/25/2011
  Q: I have a scenario with some questions. Company A and Company B recently created the joint venture ...
  A: When a company merges with another company and starts a new plan employees have to fill out ...
Hazard pay5/24/2011
  Q: Shirely, I have a question about hazard pay. My fiance had started her job as a care giver in a ...
  A: I don't think that she would be eligible for hazard pay. This is not something that is paid for this ...
4% tip out legal or ilegal for servers5/23/2011
  Q: can a employeer make the servers tip out 4% of your total sales incluiding taxes can the employeer ...
  A: The tip out amount depends on what your state tip pool rules are, however 4% sounds normal. Yes, ...
non-exempt employees and company functions5/23/2011
  Q: My company is in California. If we have non-mandatory company functions, for example, an after ...
  A: You are not required to pay non exempt employees for attending a voluntary or non mandatory event. ...
time clock punches5/23/2011
  Q: is it legal for an employer to change/modify time clock punches until an overtime slip is turned in? ...
  A: This is illegal under the Federal Act of the Fair Labor Standards Act. It is sometimes called ...
Final Paycheck Witth Held5/19/2011
  Q: I was working for a law office as a legal assistant, debt collector started april 5th and terminated ...
  A: If you did not sign a document when you were hired saying you would pay a training fee if you quit ...
Vacation pay5/18/2011
  Q: I work in Wisconsin and gave my employer a two week notice. I have a week of vacation time unused. ...
  A: In the state of Wisconsin Vacation Pay is included in the definition of wages. However, the company ...
FMLA recertification5/17/2011
  Q: Great site - concise and to the point - thank you! My question - if someone had intermittent FMLA ...
  A: The employee is allowed 12 weeks FMLA leave in 12 months. So it doesn't matter how many events the ...
my paycheck5/16/2011
  Q: I am a server at a small restaurant in New York State. I make $5.00 per hour plus tips. At the end ...
  A: http://hospitalityguild.com/GuidePro/Management/Taxtips.htm ...
Unemlpoyment benefits/being fired5/12/2011
  Q: I was fired after only 2-1/2 hours of working from a company that I previously worked for and had ...
  A: It was 2 1/2 hours of work. I would say that since it was not even for a whole day and you are ...
Hourly Employee/Commissioned Employee??5/11/2011
  Q: My husband works for a large car dealership in San Diego, CA. He is required to punch a timeclock ...
  A: This does not sound right or fair to me at all. I do not work with commissioned only employees, but ...
Supervisor tampering with time.5/11/2011
  Q: I was an employee in Natick,Ma. I was given a "DML" Decision Making Leave because of attendance ...
  A: You have the right to go to the Department of Labor...apply for unemployment and state your case to ...
Madating direct deposit in New Mexico and Colorado5/10/2011
  Q: My company wants to mandate direct deposit in New Mexico and Colorado. A year ago you had answered ...
  A: In the state of Colorado direct deposit cannot be mandated, it must be authorized by the employee, ...
Live in caregiver. Is this legal?5/10/2011
  Q: My friend is legally in this country and has valid work permit. She works as a live in caregiver. ...
  A: This is not legal and should be reported to the local department of labor. She can also file a claim ...
Harassment5/10/2011
  Q: Is it harassment if my boss keeps threatening to take money out of my check for various mistakes I ...
  A: It is illegal for him to actually take money from your check for mistakes. If he actually does it ...
Driving liability to employer5/9/2011
  Q: :) I've been an HR professional for over a decade but cannot seem to get a clear cut answer on the ...
  A: If the employee is driving themself to the seminar I would not worry about verifying driver's ...
pregnancy and employment rights5/9/2011
  Q: I have been at my job since August of 2010. I am almost 7 months pregnant. I sstarted as a part time ...
  A: There is not a law stating the amount of hours you are to be given, however, there is a law that ...
difference between (2)employees5/8/2011
  Q: what would you do if management had a meeting with the other employee and not me and open meeting ...
  A: You should be allowed to tell your side before a decision is made. I would let management know that ...
Sent home when scheduled5/6/2011
  Q: Our weekly schedule is usually posted three or four days before the coming week. My question is, ...
  A: If there is no work or not enough work the employer can send you home or ask you not to come to ...
PTO5/5/2011
  Q: I live in Wichita Kansas, have worked for a home health company for a little over a year. PTO was ...
  A: In the state of Kansas you only are paid for your accrued days if your company has a policy stating ...
Wrongful termination?5/5/2011
  Q: McAllister, Thank you for this site, it has been most helpful to me. I was recently fired from ...
  A: There is no laws protecting against this unless you are discriminated against because of age, race, ...
overpayment of wages and payback answer5/4/2011
  Q: Christ, Shirley. If you can't answer the question, just say so instead of saying how much will it ...
  A: Phil, We do try to answer the questions. We are not always sure what the person asking is after. ...
Vacation pay5/4/2011
  Q: Hey, I began my job in November 2010 and will be having my 6 month probation meeting soon and being ...
  A: Prorated means they are will be prorated back to the time earned. This is good for you it means that ...
Vacation pay5/2/2011
  Q: Hey, I began my job in November 2010 and will be having my 6 month probation meeting soon and being ...
  A: It really depends on the policy of the company. In most companies yes they can take back the ...
Odd Sick Leave Question5/2/2011
  Q: I ran across this scenario for this first time -- we had an employee who was scheduled to work 36 ...
  A: The benefits depends on the policy your company has written for the time off pay. Here at our ...
Salaried, Non-exempt O/T?4/29/2011
  Q: I am a retail store manager. My employment status as it states on my file and for payroll purposes ...
  A: Non exempt is the same as hourly except paid with a salary and overtime instead of by the hour and ...
termination/ finalpay4/29/2011
  Q: 2 questions. 1st I was a clinical manager at a Fresenius unit, I was termed due to an error that my ...
  A: It sounds like you were terminated for cause (breach of confidentiality). Even though your secretary ...
employment after retirement4/28/2011
  Q: If a person retires from their employer but continues on as a consultant to train a new employee (on ...
  A: It can be done either way. If the person is just paid through payroll and is told when to come to ...
Vacation Time4/27/2011
  Q: Where I work, we are required to submit a request for time off at least 30 days in advance. I put in ...
  A: This is an internal scheduling issue. You should not be required to find someone to cover your shift ...
Pay Raises4/26/2011
  Q: I received two raises in my 10 months of employment. First one was after three months and the second ...
  A: I wonder if it is a payroll error. You should first talk to your supervisor and the payroll ...
medical mari.. card/drug testing4/26/2011
  Q: i have my medical marijuana card in colorado. I want a job in oklahoma but I cannot pass hair ...
  A: This is a topic which is up for much discussion. Bottom line is that Oklahoma is not one of the 13 ...
Drug Test/FCRA4/26/2011
  Q: McAllister, I am concerned about my consumer report. I was offered a secretarial position at a ...
  A: You should be allowed to retake the drug test at your expense. This is what we allow those employees ...
forgetting to sign in on time clock4/26/2011
  Q: we are permitted a total of three times to forget signing in on our complanies time clock, after ...
  A: This is not legal. Your paycheck may not be docked for forgetting to sign in and out. You can be ...
vacation time4/25/2011
  Q: I worked for a company turned in my resignation for my last day to be on Friday but I quit the same ...
  A: Employers are not required by law to provide vacation time off or vacation pay. Vacation time/pay is ...
Made to pay for drive offs and lottery4/25/2011
  Q: I have been working for a Gas Station in Michigan since January. My last job I was wrongfully fired ...
  A: Elizabeth, Sure sounds like you need to find a different job where you are appreciated, you have ...
Work Time Recording4/23/2011
  Q: I started with a corporate catering company 3 years ago as a manager of one of their units. About 6 ...
  A: The reason they are doing this is because your state probably mandates they give their employees a ...
intermittent FMLA and wage garnishment4/21/2011
  Q: I am a Federal employee currently under approved intermittent FMLA. My wages vary depending on what ...
  A: The first thing to do is talk to your HR or Payroll department. They need to correctly figure the ...
Truck Driver's method of compensation4/20/2011
  Q: May a truck driver that falls under the Motor Carriers Act be paid a set rate based on a specific ...
  A: What it is saying below is that the employees covered under this act are exempt from overtime but ...
background check4/19/2011
  Q: Would like to know if there is any way to run an employment background check on oneself? I believe ...
  A: There are a lot of places that you can go to get this information. Here is a good link to an ...
time clocks4/19/2011
  Q: Is there a federal law requiring you only clock yourself in and not another employee do this for ...
  A: The law says that the timecards must be correct. It does not state anything about checking in and ...
Exempt/ Non-Exempt Limbo4/17/2011
  Q: My question concerns an employer’s ability to manipulate employee “Exempt” and “Non-Exempt” status ...
  A: I would not know enough about your job to answer whether you are exempt or non exempt. It is the job ...
Potential retaliation and bullying4/16/2011
  Q: I have a supervisor who is very unprofessional and biased. She got her self into trouble by making ...
  A: This is a very hard situation to be in. Unfortunately there are no rules on the books against ...
Massachusetts mileage reimbursement4/15/2011
  Q: I have worked for a Massachusetts company for many years and am required to use my own vehicle to go ...
  A: The federal amount is .51 cents a mile for 2011. This is federal and not state. There is no law in ...
Massachusetts mileage reimbursement4/15/2011
  Q: I have worked for a Massachusetts company for many years and am required to use my own vehicle to go ...
  A: No if you are required to use your personal car for company business during the day you are to be ...
Employer telling me I have to use all of vaction time4/15/2011
  Q: just wondering, my employer doesn't want us taking vacation days here and there, they want us to use ...
  A: I can help you with this. Vacation time is a fringe benefit provided by the employer. It is not ...
Exempt/ Non-Exempt Limbo4/15/2011
  Q: My question concerns an employer’s ability to manipulate employee “Exempt” and “Non-Exempt” status ...
  A: If you are salaried exempt classified than you do not work by the hour so it does not matter how ...
Salary rights4/13/2011
  Q: I am a salaried employee and my pay periods are 1st-15th, 16th-end of month. On what day is my ...
  A: Your employer is supposed to pick a payday and pay on that payday. If it is the 1st and 15th and you ...
Exempt (Salaried) Employee and Pay for partial workday4/13/2011
  Q: I am an exempt employee paid salary on a bi-weekly basis. I have a scheduled 5 hours off one day ...
  A: PTO accrued time can be accrued however the company policy dictates. PTO time is not mandatory it is ...
Write up4/12/2011
  Q: I have been working for a company for the past 6 months. Recently a coworker left to work for a ...
  A: The laws do not say when the employer can or cannot write someone up. The laws do say that you ...
FMLA issue4/12/2011
  Q: I filed for FMLA , I was locked out of work and they said due to the fmla I was unfit , Just weeks ...
  A: This does not sound right. I would call your local department of Labor and talk to them about it. ...
Supplemental income under FMLA4/11/2011
  Q: Is there any type of supplemental income an employee can apply for while on FMLA? Here is the ...
  A: There is nothing for the employee, however, her spouse if ill for a long period could apply for ...
will a H.R person tell my boss if I am underpaid, misclassified or overworked?4/11/2011
  Q: I work for a small 14 person company an I am currently the GM the marketing person an the primary ...
  A: Talk to the HR person coming in about this. This sounds low for the bay area in California. Ask ...
Changing work week days, not paydate4/7/2011
  Q: I currently work for an HR/Payroll company in Arizona. I do not have much experience in the payroll ...
  A: As long as the employees are paid on the same pay date and the week is the same duration in length ...
Vacation time and Unemployment4/7/2011
  Q: I live in North Carolina. My plant may have several one week shutdowns this year due to no work. We ...
  A: Vacation pay is a fringe benefit. No law says an employer has to pay vacation pay. Because of it ...
Compensation Time Pay Out4/7/2011
  Q: I work for the State of California and have for over 21 years. About 6 years ago I was promoted to ...
  A: If the company can produce a policy or show a set rule that they have in the past paid it out this ...
Released after giving notice4/6/2011
  Q: I gave two weeks notice of my resignation. The company has said that I am finished after one week. ...
  A: You are not entitled to pay in Lieu of notice because you gave notice and were not terminated by the ...
Withholding Pay Cheques4/6/2011
  Q: My husband works in the oilfields in southern Saskatchewan as a dangerous good driver. They have to ...
  A: Log books which are not up to date are a serious offense and cause a stiff fine from the government. ...
WORK HOURS REDUCED4/5/2011
  Q: My daughter in law works for a franchise hair salon. Two weeks ago there was a staff meeting and ...
  A: It is common to reduce hours even for those that are excellenct employees if the economy is down and ...
uniform requirements4/5/2011
  Q: If an employer is requiring employees to wear uniforms with their logo on them how many uniforms are ...
  A: The employer cannot make the employee pay for the uniforms. The employer can charge cleaning costs ...
Medical leave after major surgery4/4/2011
  Q: I had multiple back/neck surgeries in less than a year and my Dr is keeping me out of work a few ...
  A: You call the Department of Labor and tell them about the harrassment. The FMLA laws only hold your ...
payroll deductions4/3/2011
  Q: I work for an employer in Michigan. It is my understanding that any payroll deducion (health care ...
  A: Here is what Michigan says about pay statements. Yes, you should have a list of deductions. ...
Termination with cause4/3/2011
  Q: I have been terminated with cause because i moonlighted as a consultant. The company policy does ...
  A: I a right to work state the employer has the right to terminate and employee for any reason or for ...
unpaid vacation time4/3/2011
  Q: I recently left a position with a company and had vacation time that was unused. My supervisor told ...
  A: DLLR's Division of Labor and Industry ...
Missed punches on timeclock4/2/2011
  Q: I work for a large corporation in Texas that requires us to punch a clock when you arrive & lunch ...
  A: If the company has a policy that you must punch in and out on the timeclock than you may be ...
Unpaid Leave - Fed/Texas4/2/2011
  Q: Exempt employee gets paid $6,000 per month bi-monthly ($3,000 per check) and is scheduled to work 5 ...
  A: Okay this is what are are telling me! The semi monthly salary is 6000.00. There are 23 work days ...
vacation4/2/2011
  Q: does the state of MS require that accrued time be posted on a pay stub? Also I had worked at a ...
  A: There are no rules or laws that say accrued vacation time must be posted on a pay stub. This is ...
Time Sheets4/1/2011
  Q: Shirley, in a previous email, someone asked a question about whether or not time sheets are to ...
  A: It is not against the law if someone sees another's timesheet. It is not good business practice to ...
Timesheets4/1/2011
  Q: The system used by our company is signing in and out on a time sheet. But if you miss to sign your ...
  A: The company has made it a policy that you must sign in and out on your timesheet. By not doing so ...
evaluation4/1/2011
  Q: I have to punch in and out for lunch breaks. Sometimes it is difficult to get the 1/2. i would ...
  A: If there is a 90 day probationary period before benefits start than yes you would be eligible for ...
Sick Time Pay Outs3/31/2011
  Q: I was a salaried employee who earned sick time as part of the benefits. The company also offered a ...
  A: Sick pay , vacation pay, PTO are not earned time. These benefits are just that benefits given by ...
Unauthorized payroll deductions (401k)3/31/2011
  Q: Since I am nearing retirement age, I did not choose to authorize deductions for a 401k company ...
  A: Kent, venting displeasure and being able to do so is what America is all about. We have the right to ...
FMLA calculations3/29/2011
  Q: MsAllister, If I am on FMLA how is this calulated? For example ,I work Monday thru Friday-30to 36hr ...
  A: 1 FMLA day is used for every day you are away from work. If you work 5 days a week and are off 5 ...
timesheets3/29/2011
  Q: i work all over the country as a constuction plant operator ( i.e,dumptrucks,loading shovels,rollers ...
  A: It is not legal you as the employee should be paid for all the time that is worked. I would press ...
Time and Attendance Employment Discrimination3/28/2011
  Q: I am employed in a company where my particular department enforces the company's time and attendance ...
  A: No you do not have a discrimination case. The rules are differenct for salaried exempt and hourly. ...
Time and Attendance Employment Discrimination3/28/2011
  Q: I am employed in a company where my particular department enforces the company's time and attendance ...
  A: Salaried employees do not work by the hour. They earn an annual salary divided into equal pay ...
FMLA recertification3/28/2011
  Q: I have an established FMLA account. It is again time to recertify as per Post Office guidelines ...
  A: I would see an attorney that would give you a free consultation, he may also take the case on ...
Forced FMLA3/28/2011
  Q: Approx 3 weeks ago I had to go in for gallbladder surgery. The employer at the time said take what ...
  A: The company is required to put you on FMLA leave if you are off 3 days or longer. It is not ...
possible discriminiation3/28/2011
  Q: I was just curious.. How come its not illegal to post ads or even require that someone be bilingual ...
  A: I don't understand it either. It appears to me to be reverse discrimination, however since it is ...
bathroom use at odd job3/28/2011
  Q: I currently work as a private investigator in different areas of NJ for workers compensation. My job ...
  A: Actually OSHA (Occupational Safety and Health Agency) says that every employee must have reasonable ...
Time Chargeable3/27/2011
  Q: McAllister: I have an 1.5 months job in NY, paid hourly. Work hours are 9 am to 7:30 pm with 30 min ...
  A: The company is allowed to round time to the nearest 15 minutes. This is what some call the unspoken ...
Workmans com lawsuit3/27/2011
  Q: My dad was accidentally stabbed in the lung at work. His lung collapsed and was in the Hospital for ...
  A: I do not know all the facts of the case so I do not know if the settlement is correct. It does seem ...
honouring holidays3/25/2011
  Q: When you start a new place of employment, does the new company have to legally honour all holidays ...
  A: In the UK all workers are entitled to at least four week paid leave each year. The holidays are ...
discrimination3/25/2011
  Q: im hoping you can help me out with a question regarding an incident at work,i let go of an employee ...
  A: Be sure you document the whole event fully and to the best of your knowledge everything that ...
required work without pay3/24/2011
  Q: I work in health care, as a non-exempt employee. In an implementation of a "no overtime policy" at ...
  A: I would suggest you contact your Local Department of Labor. Generally all time must be paid to a non ...
Vacation Hours on Salary Exempt3/24/2011
  Q: I am a Salary-Exempt employee, and my job requires odd hours of work. I regularly put in 70 hours a ...
  A: #1. Vacation is a benefit given by the employer and it is not required to be given by law, the ...
honouring holidays3/24/2011
  Q: When you start a new place of employment, does the new company have to legally honour all holidays ...
  A: If you are in the U.S. no holidays are required to legally be honored or to be paid. You can be ...
Scheduled time v. actual clock in time3/23/2011
  Q: I work at a car wash in the state of Texas. The boss has a schedule made for each employee for each ...
  A: If he asks you to stay and wait on cars you should be paid for all the time you are there. If he ...
Lay-offs3/23/2011
  Q: I am a UK citizen working for a large Alberta based company out in Afghanistan, i have been working ...
  A: If you are residing outside Canada in a country other than the United States, you may be eligible ...
Per-Diem3/22/2011
  Q: I work an average of 20-25 hrs a week, sometimes more, My boss came to me last week, and said I'm a ...
  A: What he is saying is that he needs a full time employee and if you cannot work full time he will ...
Is it legal to work for two companies under 1 payroll?3/22/2011
  Q: In the state of New York, is it legal to work for two companies and be paid from just one company ...
  A: The company 2 will have to pay you wages for all the time you worked for them and they will have to ...
Is it legal to work for two companies under 1 payroll?3/22/2011
  Q: In the state of New York, is it legal to work for two companies and be paid from just one company ...
  A: Are you being paid for all the time you work for both companies from company 1? If you are paid for ...
Termination Question3/21/2011
  Q: I know Texas is an at-will state so the employer does not have to give a reason when they terminate ...
  A: In an at will state you do not have to give a reason for termination. If there is a reason to ...
pay cut3/20/2011
  Q: work at a subway and it was just sold. the new owner wants to cut the managers salary 25%. this ...
  A: Pay can be cut , but it cannot be cut below minimum wage. The employees must earn at least minimum ...
Non Pay for days missed when Salary3/19/2011
  Q: I just left my last employer (found a better position) and have a question because on my last 2 ...
  A: This answer depends on a lot of variables. Salaried exempt employees (not salaried hourly ...
Unauthorized payroll deductions (401k)3/19/2011
  Q: Since I am nearing retirement age, I did not choose to authorize deductions for a 401k company ...
  A: If you were told that 401K deductions were going to be taken out of your wages unless you opted out ...
Paychecks after Holidays3/19/2011
  Q: This was your answer to a question posted on your site: This is a state ruling. In a few states ...
  A: I could find no rules on this for the state of Indiana. If there are no rules the payment should go ...
Leave and unemployment comp3/18/2011
  Q: McAllister, Is an employee able to collect unemployment compensation and still take leave? ...
  A: I am not quite sure what you mean by leave? Paid leave, unpaid leave, FMLA? If you are laid off and ...
TIME/CLOCKING IN/OUT3/15/2011
  Q: The company I work for started having the employees fill-out their time for each day on a manual ...
  A: The timesheet should be filled out with the actual hours worked if the employee is hourly non ...
Payroll Issue3/15/2011
  Q: McAllister, My employer tell us on payday that she can't pay us and will be late getting us paid or ...
  A: If a meeting is mandatory and you are an hourly employee you must be paid for attending the meeting ...
Ontario IT Labour Laws3/14/2011
  Q: In Ontario, Canada, what are the laws protecting information technology full-time Project Managers ...
  A: The 30 minute lunch break is pretty clear on the website. It is a lunch break every 5 hours worked ...
Ontario IT Labour Laws3/14/2011
  Q: In Ontario, Canada, what are the laws protecting information technology full-time Project Managers ...
  A: Managers and supervisors do not qualify for overtime if the work they do is managerial or ...
Jury Duty & Exempt Employees3/11/2011
  Q: An employee is scheduled to appear for jury duty. His employer stated first that the employee will ...
  A: Exempt employees must be paid for the day, however, if they are paid with vacation time they are ...
my timeclock was tampered with3/10/2011
  Q: I am a registered nurse who works 12 hour shifts at a local hospital. One morning, staffing was ...
  A: The timecard should not be changed unless it is with the approval of the employee. I would call and ...
Employer's responsibility for Disability Forms3/10/2011
  Q: I began my Bonding leave on 2/16/11 and had all NJ State Disability forms filled out properly. My ...
  A: I would be calling someone and asking the forms to be emailed, or faxed or see if they can be picked ...
Food compensation3/9/2011
  Q: I work for a production company and will work long days. Sometimes from 8am till 11pm. I am ...
  A: He can pay you an IRS approved per diem or he can reimburse you the costs for the meals while you ...
PAYROLL3/9/2011
  Q: I WORK FOR A CHRISTIAN SCHOOL THAT SHARE THE SAME FED TAX ID AS THE OUR FOUNDING CHURCH. THE ...
  A: Federal Income withholding is governed under Federal Law and not under state law. You first decide ...
no choice debit payroll cards-california3/8/2011
  Q: My employer utilizes a outside staffing company that schedules and pays for overtime shifts and per ...
  A: It is not Legal in California for this to be the only way you may be paid. It is a legitimate option ...
break laws in florida3/7/2011
  Q: I work in a convenience store in Florida. I was wondering what the laws are regarding break and ...
  A: The federal government does not cover breaks. Florida's labor statutes make no mention of rest ...
FMLA issue3/5/2011
  Q: My son was born on jan 11th this year. I used 2 weeks of PTO. I knew about fmla but could not afford ...
  A: Yes, FMLA and PTO can run at the same time. You are allowed 12 weeks of FMLA. This is separate from ...
Workplace bully3/5/2011
  Q: ... i wanted to ask you for some advice concerning workplace bullies...i work in corrections, as a ...
  A: You are within your rights to make a formal complaint with your superior. I personally would ...
Company Policy/Sick Time3/4/2011
  Q: Our npo offers (2)weeks of sick time. If you have a 30 hour work week, you get 60 hours annually, ...
  A: Generally this is true immediate family is spouse and children that live with you. Employers may ...
firing after a seizure3/4/2011
  Q: I had a seizure while at work. The day after I returned I started being written up for things. My ...
  A: It is illegal to discriminate against a medical disability. Contact your local EEOC division of your ...
People With Disabilities3/3/2011
  Q: What sort of accommodations can an employer in California make, for a person with disabilities, that ...
  A: Unless this person has a mental condition that causes memory loss than this is not a disability and ...
Is PTO allowed after i put in the 3week Notice3/3/2011
  Q: i put in my resignation on mar1,2011 to be effective mar31,2011. i have unused PTO. Can i still use ...
  A: PTO is a fringe benefit given to you by your employer. Your employer has the right to say when it ...
Lunch breaks3/2/2011
  Q: my question is. Is it legal to not clock out or be deducted for lunch? (8-10hr shift) if u are ...
  A: You can clock out and than you should clock back in when helping a customer and back out when the ...
Employee contracts3/2/2011
  Q: We work on a budget and wages are the biggest expense. We have half part time employees and the ...
  A: Signing a contract does not waiver overtime worked. If the employee works more hours than is in the ...
FMLA3/2/2011
  Q: I am currently on FMLA. I have used one week of FMLA so far, I was in a behavioral health unit for ...
  A: It is illegal for you to be fired for being on FMLA leave. If the supervisor can find another reason ...
Question about practices by Peckham, Inc.3/2/2011
  Q: I have a question regarding firing practices and was encouraged to write you this after I noted a ...
  A: This new media thing with Facebook and the other social media's is very new and I know that it has ...
Employee paying back shortages3/2/2011
  Q: Can an employer make you pay back the cash you are short in your till in California?
  A: Unless the employer can prove you did it on purpose or through gross neglegence they cannot deduct ...
1st Annual Pay Increase3/1/2011
  Q: The company I work for has given a pay increase on the completion of the 1st year anniversary. This ...
  A: Unfortunately pay raises are not regulated by any governmental laws or agencies. Unless you have a ...
Changing a employees pay during a work week3/1/2011
  Q: I currently work for a nationwide beverage company as a delivery driver. My position is classified ...
  A: What your payroll person should be doing is paying you a weighed average pay. This means that you ...
Employee Timeclock issue2/23/2011
  Q: Our company has an electronic time clock and some (not all) employees are required to punch in and ...
  A: The time should not be rounded manually by the employer if the rounding to the nearest 15 minutes is ...
Paychecks & Direct Deposit statements2/23/2011
  Q: By Illinois law do I have to mail payroll checks? Do I have to mail Direct Deposit statemenrs ...
  A: The rule simply says that you must give a pay statement with every check or direct deposit. It does ...
Paychecks & Direct Deposit statements2/23/2011
  Q: By Illinois law do I have to mail payroll checks? Do I have to mail Direct Deposit statemenrs ...
  A: The law says they must be given a statement with their check. If the employee does not pick them up ...
To pay or not to pay2/23/2011
  Q: I'm so glad I found you! I have two very important questions. (State of Rhode Island) 1) If we ...
  A: You can clarify benefits for specific groups of employees in your employee handbook or policy as ...
Paychecks & Direct Deposit statements2/22/2011
  Q: By Illinois law do I have to mail payroll checks? Do I have to mail Direct Deposit statemenrs ...
  A: The State of Illinois says that you must provide an itemized deduction statement which each ...
Charged PTO while working from home2/22/2011
  Q: I work in the state of Washington and the company I work for allows us to work from home one ...
  A: This is not right for the company to do. If you are working you should be paid regular wages. In ...
confidential survey2/20/2011
  Q: Is it legal for my employer to require me to fill out a confidential survey and then demote me ...
  A: My suggestion would be to confront the employer and ask why this was done when the survey was ...
not getting paid at work2/20/2011
  Q: Complaint against Palmentere Bros. Cartage Service Inc. 801 Forest Kansas City, Mo 64106 Did not ...
  A: You can file a claim with the Missouri Department of Labor for non payment of wages. They will help ...
FMLA issue2/19/2011
  Q: McAllister, I was granted FMLA with 25 days left. To care for my grandson 9 month old in the ...
  A: To be eligible for FMLA benefits, an employee must: work for a covered employer;have worked for the ...
Forced Payroll Deductions2/19/2011
  Q: I am a Salaried-Exempt County Law Enforcement professional in Utah. Our County has repeatedly ...
  A: You cannot be required to sign this document. If you do sign it write on the document signed under ...
lost payroll check2/18/2011
  Q: my last paycheck was lost in the mail. When I asked my employer to reissue my check--they said, it ...
  A: It does cost 25.00 to stop payment and reissue a check. It is probably the companies responsibility ...
post dated paychecks2/18/2011
  Q: I work for a local remodeling company in Lebanon NH. Our payday is designated as Friday. Our boss ...
  A: If you report him and he fires you than you can fight for your unemployment on the grounds that you ...
To pay or not to pay2/18/2011
  Q: I'm so glad I found you! I have two very important questions. (State of Rhode Island) 1) If we ...
  A: I am not familiar with the per diem employee. I would think that you should treat all employees the ...
Told that I am salary but2/18/2011
  Q: I am asked to turn in a time sheet. When I asked why I would turn in a time sheet they told me ...
  A: If you are salaried exempt than you are not paid by the hour. You are paid an annual salary to do ...
Wage discrimination2/18/2011
  Q: I have been the Director of Operations for a company for 5 years. In this role I was second in ...
  A: For it to be considered discrimination it has to be based on Gender, nationality, race, disability ...
Legality of fingerprinting for employment purposes2/17/2011
  Q: you said: Answer If this is a company policy and they have a good reason for doing it than yes ...
  A: I did search Canada Justice and Canada labour laws. There is a privacy law, but it is to protect ...
Legality of fingerprinting for employment purposes2/17/2011
  Q: you said: Answer If this is a company policy and they have a good reason for doing it than yes ...
  A: I personally do not wish to argue this point with you. If you wish to change the rules, than you ...
Pay and Witholding Issues2/16/2011
  Q: I was recently laid off by a company I worked at for last 2 years. The position I held was very ...
  A: In the future it would probably be a good idea to check your check stubs to be sure your pay is ...
Legality of fingerprinting for employment purposes2/16/2011
  Q: you said: Answer If this is a company policy and they have a good reason for doing it than yes ...
  A: It is perfectly legal to order a background check. The employer has to protect his interests and the ...
Gravyard shift break2/13/2011
  Q: I was wondering of it is right for me to have to clock out on a lunch break and still watch the ...
  A: If you actually have to work and help someone at the desk you should clock back in and then out when ...
Reduced pay for accumulated vacation tim2/12/2011
  Q: The company I work for Albert Einstein hospital in Philadelphia, recently mandated a plan in which ...
  A: It is legal if this is the policy of the company and they treat all employees the same way. PTO is a ...
Can employer punish you with schedule?2/11/2011
  Q: I have been working at a large corporate restaurant for over 3 years, and have always worked 5-6 ...
  A: You can go to the Department of Labor with this if you wish. They may be able to help. On the other ...
Lieu of notice / Severence Pay for Unemployment Benefits2/10/2011
  Q: I voluntarily resigned 1.24.11 from my employer on 2 grounds which I have filed for unemployment ...
  A: "In Lieu of Notice" means that instead of allowing you to work the two weeks the company is going to ...
PTO Payout at termination2/10/2011
  Q: Does Missouri require employer to payout at 100% any PTO on the books at termination?
  A: According to the Missouri Department of Labor & Industrial Relations, Division of Labor Standards, ...
withholding paycheck2/8/2011
  Q: I have recently resigned from a mortgage default company and they are withholding my last paycheck. ...
  A: Your money that you have worked for should not be withheld if you have already earned it. ...
PTO in California2/8/2011
  Q: At the end of this week I will be resigning from my company. I work as a part-time employee, however ...
  A: If you have not worked for the company for a year than it is possible you are still under the ...
So called contract labor2/7/2011
  Q: I have noticed that my employer has been taking tax out of my check at the rate of 10%. Then I ...
  A: As long as she is paying Suta tax on you and you have earned the required amount of salary for ...
Volunteerly quit but no last check yet2/7/2011
  Q: Well I quit on the 18th of January, that day being my last day. The payroll person said that she ...
  A: If you quit the 18th and your check was in your account on the 26th that is one week. You were paid ...
Expired Payroll Check2/6/2011
  Q: I have a paycheck that expired the beginning of Dec. 2010. I found it in mid-Jan 2011 and started ...
  A: Did you try cashing the check? Sometimes it will still go through the bank if you deposit it. She ...
401k retirement funds2/4/2011
  Q: My former employer "skimmed" exactly 1/2 of our designated 401k funds for more than 1 year. The new ...
  A: I am not sure what the question here is, however, to make it whole they would have to figure the ...
Incorrect Job Classification - Exempt to Non-Exempt2/3/2011
  Q: I work in the IT field--my job title is Systems Analyst. I have been an exempt employee for the ...
  A: I think in your case you should schedule a meeting with your supervisor and with HR together. Sit ...
PTO2/2/2011
  Q: In the state of AZ what is the law in paying out PTO when being laid off? Does it have to be paid ...
  A: Arizona does not have a law that address's the payment of PTO upon layoff or termination. This is a ...
Volunteerly quit but no last check yet2/2/2011
  Q: Well I quit on the 18th of January, that day being my last day. The payroll person said that she ...
  A: I would call and find out when it will be paid. If you quit the 18th the checks were processed ...
Incorrect Job Classification - Exempt to Non-Exempt2/2/2011
  Q: I work in the IT field--my job title is Systems Analyst. I have been an exempt employee for the ...
  A: The company has probably gone through the job descriptions and reclassified those that were on the ...
Job Required Certifications2/1/2011
  Q: We require employees in our company to maintain certifications and licensing as a condition of their ...
  A: This is correct. Some employers will help with the certification costs others will not. The employer ...
Child Labor1/31/2011
  Q: McAllister, My daughter is 17 & works at an A&W her in our town Atascadero,CA. The owner,manager's ...
  A: This is not legal. Many places of business including Walmart have been sued for doing this. It is ...
Negative vacation balance from final check1/31/2011
  Q: Is there a list of which states do not allow an employer to deduct negative vacation balances from ...
  A: This is not just about negative vacation balances. In many states no deductions may be taken unless ...
Salary non exempt vs exempt1/31/2011
  Q: In Georgia If I have a full time $500.00 per week employee i call salary. If he is sick do I have to ...
  A: Yes, you can classify anyone as hourly there are no restrictions. Even lawyers and accountants can ...
Bonus not paid1/29/2011
  Q: I worked as a temp contracted for a shop and was told that if the store made number one for the ...
  A: I would refer you to http://www.acas.org.uk/index.aspx?articleid=1461. This Agency does work ...
Mandatory Direct Deposit1/28/2011
  Q: The company I work for in PA, is trying to force the "old timers" to go on direct deposit instead of ...
  A: The employee must authorize the direct deposit. The Pennsylvania Wage Payment and Collection Law ...
Salary non exempt vs exempt1/28/2011
  Q: In Georgia If I have a full time $500.00 per week employee i call salary. If he is sick do I have to ...
  A: You can switch anyone to hourly, however, it is the law that if that employee works over 40 hours in ...
deduction from salaried employee1/27/2011
  Q: I have a salaried employee that is low on vacation time. He requested to take off 4 hours as unpaid ...
  A: You cannot dock 4 hours pay from an exempt even if he requests it. You can pay only 4 hours of ...
not getting the right amount on my check1/25/2011
  Q: my regular pay is $8.75/hr making my overtime rate at $13.13/hr and prem rate at $4.38/hr. I worked ...
  A: We do not have such as rate as premium rate so I do not know what that is or how it equates into the ...
Direct deposit of payroll deductions for benefits1/24/2011
  Q: My question is regarding payroll law in the state of Nebraska. My company has direct deposit for ...
  A: If this is a deduction from an employee's check it is part of their wages and should be deposited at ...
FMLA coverage1/21/2011
  Q: My question is.. my daughter is in the military out of state and she is preg. When it comes time for ...
  A: I do not believe that would be covered under FMLA unless she is a dependent under 18. It is for ...
Salary or hourly1/21/2011
  Q: McAllister, MY CHECK SAYS SALARY, MY EMPLOYER SAYS I'M SALARY, BUT THEY DOCK MY CHECK WHEN I'M LATE ...
  A: There is salary and hourly but they are not the determining factor in how you are paid. If you are ...
Pay time vs schedule shift1/21/2011
  Q: I live and work in Ohio. If my shift is scheduled to start at 6:00 AM and I punch in at 5:45 and ...
  A: If you are actually working the time and they have allowed you to check in early than they have to ...
whats legal or not in a booth rental contract1/20/2011
  Q: I am in the state of california and I am booth renter. I am trying to find out if I should sign the ...
  A: I think she is taking advantage of you as a booth renter. A contract is legal as to the contents if ...
Pay Stub and minimum wage1/19/2011
  Q: I am a waiter in AZ and my employer has never given me a pay stub even though I have asked. My ...
  A: It is the amount they are allowed to pay with the tip credit. Under federal law (FLSA) if the ...
questionable tips1/19/2011
  Q: The GM of our restaurant in Haleiwa,Hi collects salary as well as 10% of our pooled tips. Is this ...
  A: This is not right...management is not eligible to participate in tip pooling. The 9th circuit court ...
direct deposit of paychecks1/18/2011
  Q: I was wondering, if you get paid on the 15th and the 30th of each month and one of those days fall ...
  A: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$LAB191$$@TXLAB0191+&LIST= ...
Insubordination form1/16/2011
  Q: McAllister, I worked for Heritage Provider Network, a limited Knox-Keene Health Plan. Up until ...
  A: I do not know how California would view this as I have no business in California. I would suggest ...
unpaid salary1/15/2011
  Q: ..........i am a calgary{alberta} resident...i worked in a trucking company of toronto for 2 ...
  A: http://www.hrsdc.gc.ca/eng/labour/employment_standards/federal/wages/recovery.shtml You will need ...
Weather Policy1/14/2011
  Q: On Friday, my company sent out an e-mail clarifying the policy for inclement weather. In this memo, ...
  A: The company should honor it's policy. If the policy said you would be paid than you should have been ...
wages1/13/2011
  Q: I have just received information concerning the amount of money I should be getting paid. I am a ...
  A: Your check has to equal minimum wage for all the hours you work. There is a tip credit that the ...
Intimidation1/13/2011
  Q: I have a situation and want an opinion from outside. You seem very knowledgeable, so I'll begin ...
  A: Sounds to me like someone had a friend that they wanted to put in his position. You could try ...
Pay ck stubs1/13/2011
  Q: I am concerned about my employer not giving I and all other co-workers our pay ck stubs? Every pay ...
  A: You must have a paycheck stub for every payroll check. This is under the Texas minimum wage law. ...
vacation1/11/2011
  Q: I work under a collective bargaining agreement-MNA-the hospital doesn't allow vacation for 2 months ...
  A: In most states vacation is a fringe benefit and is governed by the rules and policies of the ...
using restroom at work1/11/2011
  Q: Can an employer require an employee to ask permission to use the restroom while at work?
  A: The employee should be given breaks for this but if bathroom time is needed at other times the ...
What can I do?1/11/2011
  Q: I'm 18 I have been working at a locally owned restaurant since the end of November, and I have a few ...
  A: You can call the Department of Labor and talk to them about this. They will investigate and get ...
Converting 1099's to W21/11/2011
  Q: I have a very small company with 2 owners, 1 full-time employee and 5 1099's who are on temporary ...
  A: Unfortunately 401K is one of those benefits that you must offer to all if you offer to one. You ...
Job description1/11/2011
  Q: McAllister, Can I be told to do something that is not in my job description? Thanks, Eddie
  A: Job Descriptions are guidelines to a job and also what the job is that the employee is expected to ...
Converting 1099's to W21/10/2011
  Q: I have a very small company with 2 owners, 1 full-time employee and 5 1099's who are on temporary ...
  A: The employee is being classified as an employee rather than a 1099 independent contractor because ...
No job description1/9/2011
  Q: I work for a large employer in W. Springfield Ma. They moved me into a position with the title ...
  A: It is nice to have a job description, but some companies do not have them. Job Descripitons are not ...
Shirley Help Please..docking time cards1/8/2011
  Q: I've read your answers and brought this to the attention of my employer and they still stand by ...
  A: This is not right, but I can see what is happening. They are using hours and half hours. So if your ...
Vacation Pay1/7/2011
  Q: One of my employees requested a weeks vacation. They ended up taking an extra two days. He submitted ...
  A: The employee can only be paid for days that he has accrued vacation. If he has used all his vacation ...
exempt employee1/7/2011
  Q: I'm an exempt worker in California. The office is deciding to close the office on Martin Luther ...
  A: Exempt employees are to be paid for the whole week if they work any day in that week. You cannot be ...
employer's responsibility on informing employees re: change in benefits1/7/2011
  Q: My benefits have changed since I was changed into a "salaried position" in June of 2008. That ...
  A: Michigan Employers are not required by law to provide vacation time off or vacation pay. Vacation ...
1099 for my salon1/7/2011
  Q: My wife and I are opening up a salon in California. We can't afford all the various payroll taxes ...
  A: I know that this arrangement exists in salons. I am not that familiar with the commission based ...
Sick days for sick kids1/7/2011
  Q: I have a friend who is a valued employee for Kia and she keeps missing a lot of work because her son ...
  A: There is leave time called FMLA time which is 12 weeks of unpaid time that an employee may take in a ...
employee signs off on timecard, employer changes timecard then tells me1/7/2011
  Q: I signed off on my timecard, and my boss on 12/26 and it had a total of 32.5 hours listed for that ...
  A: I am not sure why HR would change your timecard at all unless you had run out of PTO and did not ...
Retro State Tax1/6/2011
  Q: On my last paycheck before Christmas there was a retro reduction from my pay of $174 for state tax ...
  A: Everyone is entitled to a mistake. A mistake was made and it was corrected on the next check. ...
Mileage1/6/2011
  Q: Can a delivery driver for a pizza delivery company use his mileage as a deduction on his taxes? Say ...
  A: yes he can as long as he keeps a mileage log book to show the actual mileage. He needs to write down ...
Union dues and initial fee1/5/2011
  Q: I worked 11 days from December 1 to December 23. I was a seasonal driver helper for a delivery ...
  A: These dues and fees should not have been deducted from your wages until after you worked 30 days and ...
Schedule notice1/5/2011
  Q: I am a waiter in a restaurant in Salt Lake City, UT. Every week, our schedule for the next week is ...
  A: The government does not regulate the schedules for companies. I would like to help, however, there ...
deferred pay not paid1/5/2011
  Q: i was an employee of a company in Pennsylvania. the management deferred all employee paychecks ...
  A: The only thing I can think of is if you put in a claim with the bankruptcy trustee if there is ...
Found e-mails, etc.1/5/2011
  Q: I didn't know that about the FMLA. The store mgr told that if I was off longer than 5 days I would ...
  A: I think that you should follow the advice of your attorney or your representative. It would be up to ...
Mandatory PTO for overbudget1/4/2011
  Q: I work in a large cooperation in Oklahoma that happened to be millions over-budgeted this last year. ...
  A: I know that this is hard for the employees, it always is. It is too bad the company could not have ...
Paid day off (PDO)1/4/2011
  Q: The company that I work for does not pay overtime, instead they put my overtime pay into a (PDO) ...
  A: This is not legal to do. If you are a non exempt hourly employee than you must be paid overtime for ...
monetarily punishing waiters1/4/2011
  Q: can a restaurant monetarily punish a server for something in texas. For example if a server isn't in ...
  A: This is not legally right for the restaurant to do. They cannot punish the employee in this way. ...
Sick Leave1/3/2011
  Q: I am a supervisor and my question concerns the actions on an employee. First let me say this this ...
  A: I think you are in a hard spot. If the employee was approved vacation time and is now out of town it ...
breaks and new time clock1/3/2011
  Q: Boss of our very small company (4 part time workers) recently installed time clock instead of hand ...
  A: Legally they must pay you for all the time worked even if you forget to check in and out. You ...
Wrongful discharge/discrimination?1/3/2011
  Q: I was in the hopsital with my son and admitted for myself about 4 or 5 months ago and my manager ...
  A: Your company is incorrect with the FMLA information. It is the responsability of the company to put ...
Making overtime, then required time off so you can make overtime.1/3/2011
  Q: I work in the state of CT. Our job decided that they would not pay us for lunches during the week. ...
  A: If you more than 40 hours in any one week you must be paid overtime. If you are taking 1/2 day off ...
Wrongful discharge/discrimination?12/31/2010
  Q: I was in the hopsital with my son and admitted for myself about 4 or 5 months ago and my manager ...
  A: It does sound like a case of discrimination to me. I think you should take it all the way, media ...
pto when you get sent home early12/31/2010
  Q: I was wondering if you get sent home when it is slow. Are able to use your PTO time for the ...
  A: That would be up to your PTO policy at your company. PTO is a fringe benefit given by the employer ...
payroll set up-reply12/30/2010
  Q: I have 5 employees pd hourly. They started working DEC 23. I would like to pay monthly. My question ...
  A: Okay, I thought you were trying to set up a new payroll for the first time. Yes you would be ...
payroll set up12/30/2010
  Q: I have 5 employees pd hourly. They started working DEC 23. I would like to pay monthly. My question ...
  A: I cannot help you set up Quickbooks, I am not even sure they can handle Canadian Payroll. Canada ...
Working Conditions12/30/2010
  Q: McAllister, Thank you for taking the time from your already busy schedule to read this note. I ...
  A: REVISION: Sabina: another person contacted me on this site. His/her email did not come through, ...
Reduced Salary maximum period12/30/2010
  Q: My company has placed all staff members on a 20% salary reduction. They intimated that this would ...
  A: Employment laws only cover minimum wages. They do not cover reductions or increases in pay. The law ...
Wrongful discharge/discrimination?12/29/2010
  Q: I was in the hopsital with my son and admitted for myself about 4 or 5 months ago and my manager ...
  A: I would go to your nearest department of labor and I would file for unemployment and tell them ...
Days off and Weather12/29/2010
  Q: Quick question, recently, due to the weather our office was closed on Monday. I had scheduled the ...
  A: You are not eligible for another day off because it was not a work day for you, it was a pre ...
Restaurant Tips questions.12/28/2010
  Q: I work as a hostess in a restaurant in San Francisco which is inside the St. regis hotel. In the ...
  A: Unfortunately this is an internal function of your company. The union should help on this or Human ...
Docking Exempt Employee Holiday Pay12/28/2010
  Q: I am a salaried employee in Boston, MA. My employer gave us Friday off with pay for the holiday ...
  A: It would definately be according to the rules in the handbook. If they did not dock you than they ...
PTO HOURS12/27/2010
  Q: IF AN EMPLOYEE TAKES A DAY OFF WORK AND IS USING 8 HOURS OF HIS/HER EARNED PTO TO DO SO AND ON THE ...
  A: It does not matter if it is a holiday that is usually when employees get to go home early. PTO is ...
PTO HOURS12/27/2010
  Q: IF AN EMPLOYEE TAKES A DAY OFF WORK AND IS USING 8 HOURS OF HIS/HER EARNED PTO TO DO SO AND ON THE ...
  A: If we close early on a holiday we still use 8 hours for those employees that take the day off with ...
breaks12/26/2010
  Q: If a worker, unloading freight trucks, has worked 7 or 8 hours without a break, is that legal? If ...
  A: Under Penn law: Pennsylvania employers are required to provide break periods of at least 30 minutes ...
about my let-go case12/26/2010
  Q: I was hired via the outsourcing agent in china by a reputed company in Katy/Houston for 2 years. And ...
  A: I am not sure how this works if you are in China and working for a company in Texas, I do not have ...
breaks12/25/2010
  Q: If a worker, unloading freight trucks, has worked 7 or 8 hours without a break, is that legal? If ...
  A: Some states have regulations requiring lunch and break times...some states do not. The federal ...
Altered Timesheet12/24/2010
  Q: On 8/7/10 I was in an accident and broke my right ankle and left leg and verbally requested to work ...
  A: It is regulated by the Wage and Hour department, however, you would just call your local department ...
Altered Timesheet12/24/2010
  Q: On 8/7/10 I was in an accident and broke my right ankle and left leg and verbally requested to work ...
  A: The department of labor does have jurisdiction over timesheets and will investigate altered ...
Company Policys for Holidays12/23/2010
  Q: My employer has all of us working on Christmas Even and the handbook states If a Holiday falls on a ...
  A: I think I can answer this question. The handbook states the holiday policy. Holidays do not have to ...
Direct deposit being denied at work12/23/2010
  Q: Can Direct deposit be denied to crew when a company allows it for managers in California?
  A: I think that you need to talk to your supervisor about this and find out why. I know that different ...
My dismissal12/23/2010
  Q: I was recently told that I would be resigning or being dismissed from my management position within ...
  A: Which state are you working in? If you are working in a right to work state you can be terminated at ...
auto deposit12/23/2010
  Q: My company gave me 12-24-10 off ~ I have auto deposit. The employees that do not have auto deposit ...
  A: This is legal. They must pay on payday and are not required to pay early. Since they cannot give the ...
When you are to be paid12/22/2010
  Q: I am paid on the 1st and the 16th via paper check. I have been told that if our paydate falls on a ...
  A: Colorado does not have a rule except the following regarding pay dates: ...
When you are to be paid12/22/2010
  Q: I am paid on the 1st and the 16th via paper check. I have been told that if our paydate falls on a ...
  A: I need to know in which state you work. In some states if a paydate falls on a weekend or a holiday ...
Earned vacation12/22/2010
  Q: I live in the state of Louisiana and have gave my notice to leave my job. That was two weeks ago. I ...
  A: Accrued vacation pay is paid upon separation in Louisiana if the employer's policy says that it will ...
Per diem travel expenses12/21/2010
  Q: I work in Rochester NY and travel rather significantly for my current company. All of the customers ...
  A: I do not process Accounts Payable so I cannot vouch for that part of the expense which is billed to ...
Administrative leave with no pay12/21/2010
  Q: I am a Supervisor with my company, my employer placed me on administrative leave without pay because ...
  A: Your employer can keep you on administrative leave until the charge is either proven or disproven. ...
Accessing other employee's payroll records12/20/2010
  Q: I work for a small business in Nebraska. I have been employed here for 6 years and am in charge of ...
  A: All employee records including payroll records should be locked up and only those authorized such as ...
Fellow employee accessing my hours12/19/2010
  Q: I recently discovered that a fellow employee has printed out my time clock hours for the full year. ...
  A: Unless this employee is in Payroll or HR they should not have access to your hours. If the person ...
Performance review preparation12/18/2010
  Q: I am getting prepared for my performance review and have a question for you. If you haven't been ...
  A: You will just have to explain why the objectives were not achieved and how you have planned to ...
work hours concern12/17/2010
  Q: My friend works as a state trained nurses aid (STNA)at a private nursing home in a small city in ...
  A: There are no laws that cover the amount of hours an employee over 18 may be asked to work. The only ...
Pay Stubs12/15/2010
  Q: I too work for a small non-profit organization & I too receive my check electronically, but here, we ...
  A: In the state of Alaska you must be given a pay stub. It is not mandatory that you are given it on ...
calculation of final paycheck12/15/2010
  Q: I have a question about the proper way to calculate a teacher's final paycheck when she has left ...
  A: They divided the 25,000 by 12 months to equal 2083.34 x 4 equals 8333.36. They should have divided ...
Employee Breaks12/15/2010
  Q: Located in Florida. We give or employees two 10 minute breaks. If the employee abuses our policy ...
  A: This would be a performance issue and it would best be addressed as so. You can write them up for ...
Pay docking12/15/2010
  Q: I work as support staff for a major city school district. I am an hourly employee. I have been ...
  A: If he is working to get it fixed it would be better to get it fixed this way. Since it is only 2.75 ...
Pay docking12/15/2010
  Q: I work as support staff for a major city school district. I am an hourly employee. I have been ...
  A: What it looks like here is that Payroll did not get the message that the time was made up. Go to ...
reissuance of expired paychecks12/14/2010
  Q: I recently discovered 3 paychecks from January 2001 that were never cashed or deposited. I was an ...
  A: The company actually does not have the money anymore to pay you with. There is a law called an ...
Company eliminating PTO program in 2011, What happens to banked time?12/14/2010
  Q: Background: Company (headquartered in Illinois) states it has all exempt, salaried employees. There ...
  A: If we are talking legalities than they are legal to do what they are doing. They cannot punish ...
Company eliminating PTO program in 2011, What happens to banked time?12/14/2010
  Q: Background: Company (headquartered in Illinois) states it has all exempt, salaried employees. There ...
  A: The company must either pay the time or allow the employee to use it. If the company is allowing it ...
employer rights with salary employees12/14/2010
  Q: I own a small business in Texas and have an employee who I just changed from hourly to salary. The ...
  A: Salaried exempt is a classification for an employee that must follow the IRS guidelines for exempt. ...
docking exempt employee banks12/13/2010
  Q: Everything I read is PTO, my questions is if you have sick and vacation, and an exempt employee has ...
  A: Yes, the Department of Labor does not view a difference in PTO and vacation time. The time must be ...
FMLA question12/10/2010
  Q: I was out on workman's comp for 8wks and was granted fmla. I have been back to work for 3 wks and ...
  A: Yes, your company does have the right to terminate you after you have used your 12 weeks of FMLA if ...
Withholding Pay until End of Employment12/9/2010
  Q: Say a company withholds an employees first paycheck with the intention of paying it back at the end ...
  A: It is not legal to withold a final check for wages earned and held back. If you have not recieved ...
Bonus paid after resignation but during period paid for12/9/2010
  Q: I work in healthcare. I tendered my resignation on 11/29 with my last date working to be 12/10. My ...
  A: Technically if you are paid in lieu of notice your termination date is the date you are paid the ...
overtime on prevailing wage job12/8/2010
  Q: My husbands company just had a meeting a week before thanksgiving to inform them that they will no ...
  A: There are specific conditions which must be met by the company before the employee can be classified ...
"27th" Pay12/8/2010
  Q: I am an exempt employee with an annual salary. My first paycheck of 2010 was dated 1/1/10, for the ...
  A: This is not the correct way to handle the 27th payroll. What the company should have done was divide ...
Employer obligation to fulfill benefit12/8/2010
  Q: SCENARIO: An employer sends an email directly to an employee outlining a specific company benefit ...
  A: Unless there is a signed contract or a specific letter promising this benefit to this particular ...
Federal regulations regarding the content of a doctors note.12/7/2010
  Q: I work for a federal agency and I recently took accrued sick leave and ended up spending 6 hours in ...
  A: The company has the right to know the doctor's name if they cannot read it. They do not have the ...
Question about new hires12/7/2010
  Q: I Have hired a new employee in the state of GA. When he was hired we agreed on a yearly salary. He ...
  A: Just because you agreed on a yearly salary does not mean that you cannot deduct from that amount if ...
Mandatory break time in WV12/6/2010
  Q: I am a server for a restaurant in WV. I am wondering if an employer can force you to take a 30 ...
  A: You do not have to claim extra to make up the diffrence, he is legally responsible for that and if ...
Mandatory overtime12/6/2010
  Q: My husband and I are wondering about regulations regarding mandatory overtime in Wisconsin. He is ...
  A: The company is allowed to set schedules for it's employees and can ask that they work overtime as ...
Equal disbursment of dividends and bonuses12/5/2010
  Q: In Texas is it a requirement that company officers, with equal shares of stock be compensated ...
  A: This is a corporate decision and not employment. It would actually be under corporate law and ...
meal deductions12/5/2010
  Q: I've been working at a sonic in the Dallas, Tx. area for almost 3 yrs. now. About a year ago, my ...
  A: Write him a handwritten letter that says I have decided to no longer eat my meals at Sonic and if I ...
retention of tips12/4/2010
  Q: I am a waitress and get $2.99 per hour plus tips. My place of employment wants to start giving us ...
  A: The tips are your property and they should never have control of them. They only need to know the ...
Mandatory break time in WV12/4/2010
  Q: I am a server for a restaurant in WV. I am wondering if an employer can force you to take a 30 ...
  A: It is mandatory that if you work 6 hours you get at least a 20 minute break. The law does not ...
Independent Contractors12/3/2010
  Q: What all do I need to know about hiring independent contractors? I would like them to be ...
  A: http://www.irs.gov/businesses/small/article/0,,id=99921,00.html Here is the information you need ...
Reissuance of payroll checks12/2/2010
  Q: Are you aware of any regulations or requirements with respect to reissuing paychecks. For instance, ...
  A: The U.S. Department of Labor says in the FLSA (Fair Labor Standards Act) that every employee must be ...
Salary vs Hourly12/2/2010
  Q: I'll make it nice and simple for you. I currently am a secretary at a small company. I was hired ...
  A: If salaried exempt employees work any part of the day they must be paid for the entire day. They are ...
Reissuance of payroll checks12/2/2010
  Q: Are you aware of any regulations or requirements with respect to reissuing paychecks. For instance, ...
  A: Put a stop payment on the 1st check when you issue the 2nd check and it cannot be cashed. In this ...
business mileage reimbursement12/2/2010
  Q: When a company in TEXAS reimburses mileage to employees, by law is the employee to keep a mileage ...
  A: We do not use mileage logs at our company. It is something that could be done but mileage is such a ...
unemployment while working12/1/2010
  Q: I was just wondering if I took a job that is about 20 hours per week or (part-time)it would not be ...
  A: Unemployment is calculated on the wages you earn. You will have to check with your Illinois ...
Edit to Schedule12/1/2010
  Q: I had an incident where an associate called out for two days. I then contacted an associate, via ...
  A: All of the time an employer requires an employee to be at work is compensable time, whether or not ...
my employer is trying to take money of my paycheck12/1/2010
  Q: 50 hr plus tips after 4 moths i got a raise to $5 dollar an hr. the other day i was late 2 minutes ...
  A: It seems awfully petty to cut your check 2.00 an hour for being 2 minutes late. It is legal to cut ...
Contractor question11/29/2010
  Q: I am a 1099 self contracted employee of a small company S-Corporation, two owners and me as the self ...
  A: If you are a 1099 contracter you are not an employee. You are self employed and contracting your ...
pay related issues11/28/2010
  Q: I am a supervisor at a rest area,.........when snowed in for 3 days/nights last winter, my boss ...
  A: No this is not legal. According to the FLSA (Fair Labor Standards Act) you must be paid for all the ...
payroll taxes11/28/2010
  Q: ive been at this company for almost a year and a half .. well they keep changing policies and are ...
  A: It is legal to pay in cash and holiday pay is not required. If you work the holiday than you must be ...
uniforms11/26/2010
  Q: my job when i started informed me that we had a certain color uniform and they would be providing ...
  A: In the state of Texas the company cannot force you to do this. Uniforms are not considered a bone ...
Insufficient timekeeping records11/26/2010
  Q: I am a dental hygienist in Texas. When I got hired I agreed on an hourly rate of pay. I know ...
  A: Keep track of your time on a spreadsheet or on a calendar of some type. When you are paid you will ...
PTO11/24/2010
  Q: I started working for a hospital about a year ago. After I was hired and already working I was told ...
  A: PTO or Paid Time Off is a combined term for vacation and sick pay. If they are combined into PTO ...
Payday on a Holiday11/24/2010
  Q: I live in Virginia. Our state law refers to Federal Law. Federal Law states it is a state decision. ...
  A: Federal Lawoes not regulate Holiday Pay. http://www.dol.gov/dol/topic/wages/holiday.htm The Fair ...
Company Closed - Requiring Exempt Employees to Take PTO or Unpaid11/23/2010
  Q: My company is going to be closed on Friday - day after Thanksgiving. I am a salary/exempt employee ...
  A: If an exempt employee is ready and willing to work and the business is closed for the holiday than ...
Unused Vacation Time at End of Year11/23/2010
  Q: I work for a company headquartered in CA as a salaried employee working in TX. The company was ...
  A: An employer in California and an employer in Texas can limit the amount of time you can take at any ...
Distribution of Paychecks11/23/2010
  Q: I work for a manufacturer that has occassional problems with attendance. As a punitive measure, the ...
  A: http://www.ica.state.az.us/Labor/Labor_WagClm_FAQs_Wage_Payment_Laws.aspx It says a complaint may ...
Pay Check11/23/2010
  Q: At my current job when we have a void, we are to get a copy, sign it off, and give a brief reason ...
  A: From your Illinois Department of Labor: http://www.state.il.us/agency/idol/faq/qawage.htm What can ...
short notice on pay frequency change11/23/2010
  Q: I work in California and the company I work for was recently bought by a company in New Jersey. ...
  A: As long as you are given notice an pay is paid within the parameters of the law this is legal. ...
special exempt employee11/23/2010
  Q: Is there a "special exempt position"? I know about exempt and non-exempt but not "special exempt ...
  A: The position is either exempt or non exempt. what the exempt or non exempt refers to is the FLSA ...
Contract11/22/2010
  Q: I don't sign a contract at my work as a secretary now I find out that they are not paying my SSS ...
  A: Are you talking about Social Security? I am not sure what SSS contribution is? If you are talking ...
Distribution of Paychecks11/22/2010
  Q: I work for a manufacturer that has occassional problems with attendance. As a punitive measure, the ...
  A: No an unscheduled absence on a payday does not constitute cause for withholding pay until the ...
Unemployment Appeal11/22/2010
  Q: I was fired from my job of 15 years after winning my case a year ago to be hired back. In a month, I ...
  A: You have the right to appeal an unemployment determination. you should have a place on the paperwork ...
giving out payroll11/20/2010
  Q: i work part-time at a hotel...i can never get my payroll check unless the manager is on ...
  A: You should be paid on your pay day and not wait days for your check. If you have to wait 30 minutes ...
unpaid overtime11/19/2010
  Q: last month when i got my wage slip i hadn't been paid for any of my overtime(around 40 hours) i was ...
  A: In UK the pay must be at least the minimum wage but is also dependent upon your pay agreement with ...
LEAVE11/19/2010
  Q: I AM A SALARIED EMPLOYEE WORK MORE THAN 40 HOURS PER WEEK DOES SALRIED EMPLOYEES FOR A PRIVATE FIRM ...
  A: There is no mandatory paid leave. If you are off a week you are not paid. If you are off because of ...
commute time In Florida11/19/2010
  Q: I am a small business owner In Florida and just started allowing my employee to take my (work) ...
  A: You do not have to pay the employee for time driving too and from work. Commuting Time For ...
separation vacation pay and package11/18/2010
  Q: I work for a company that merged with another company this summer. We were told that if we stayed on ...
  A: Since they have already paid other managers of the other stores this package it would appear that ...
reduction of already accrued vacation hours11/18/2010
  Q: My company did not have a vacation hours cap in place and; therefore, my accrued hours were rather ...
  A: First of all it would depend on which state you live and work in. Next I am rather sure that you ...
Employee meetings11/17/2010
  Q: I'm a waitress in WV. Our restaurant has employee meetings about 8-10 times a year. Most are ...
  A: They only have to pay for the meetings, however, they have to pay 7.25 an hour for the meetings. If ...
Break periods in WV11/17/2010
  Q: I am a waitress in WV. My employer this year has started forcing the staff to take a 30 minute ...
  A: http://www.wvlabor.org/newwebsite/pages/Wage_Hour_factsheet_Break_Requirements.html ...
last paycheck taken back (direct deposit)11/17/2010
  Q: I left my job of 12 years for what seemed like a better opportunity, but soon found out it was not. ...
  A: I don't think the police will take a theft and fraud complaint. When you signed your direct deposit ...
overtime and commission in same pay period11/17/2010
  Q: we have an employee who is paid a $15.00 regular rate and usually has a few overtime hours as well ...
  A: That is correct but you have to figure in the commissions into the normal rate of time to figure the ...
ADA and union issue11/16/2010
  Q: I'm going through a horrible situation myself at work. 15 years clean file etc. I'm over 40 and have ...
  A: Probably not the wisest thing to do, but it is done. If you settled through the union than you ...
CA Labor Law - Medical Leave While Company Is Being Devested11/16/2010
  Q: I have been under doctor care since February, earlier this year and my doctor placed me off work for ...
  A: Exempt status simply means you are salaried exempt from the FLSA overtime laws. It does not give ...
overtime and commission in same pay period11/16/2010
  Q: we have an employee who is paid a $15.00 regular rate and usually has a few overtime hours as well ...
  A: Divide the commissions by the number of hours worked in the pay period the commissions are earned. ...
Docking vacation from exempt employees11/16/2010
  Q: I am an exempt, salaried employee in New York. For many years I made my own schedule, always working ...
  A: Since your state has left it up to the employer it is at the option of the employer. What I mean ...
Exempt employees11/16/2010
  Q: Can I tell exempt employees that they are expected to work 8 hours per day, during regular business ...
  A: You can set such a policy, however, if you begin treating exempt employees as hourly employees their ...
Docking vacation from exempt employees11/15/2010
  Q: I am an exempt, salaried employee in New York. For many years I made my own schedule, always working ...
  A: Here is your answer from your New York Department of Labor: ...
Labor law11/15/2010
  Q: My employer prorates my check and does not show the deductions on my check stub, example if i make ...
  A: Some states do not require that you are provided a check stub. If they are taking out insurance ...
Massachusetts salaried employees11/14/2010
  Q: I am a Massachusetts salaried employee- exempt from OT. However, when I lived in the state of CA I ...
  A: It is a federal law. The FLSA exempt category only works if you meet the standards for that ...
Texas Labor Laws & Actions11/13/2010
  Q: I would like a cople of things on Labor Laws for Texas. 1) After, I left my job, how long do they ...
  A: If you left voluntarily and were not fired than it is the next regular payday. If you were fired ...
work breaks11/12/2010
  Q: I live in the state of TN and I would like to know how many breaks, by law, is a person to be ...
  A: Tennessee State law requires that each employee scheduled to work six (6) consecutive hours must ...
withholding reimbursement checks11/12/2010
  Q: This company has funds set aside for approved expenses on a case by case basis. I was given a check ...
  A: There really is no law that covers reimbursement for mileage and expenses. The IRS give a guideline ...
salaried exempt employee paid min wage?11/12/2010
  Q: My company (a non-profit in NC) has a policy that if you turn in your time sheet late, you will be ...
  A: The law says that you must be paid at least minimum wage. A one time payment lower than your salary ...
Laid off employees11/11/2010
  Q: All my employees are and were under a confidentiality clause. I laid a woman off only to find that ...
  A: You cannot keep money that is owed to her. If it is due than it must be paid. If she did not meet ...
Bereavement11/11/2010
  Q: My Grandmother just passed away. My husband asked me to look up to see if he gets bereavement pay. ...
  A: If they have not revised their handbook and he was not informed of the change they need to abide by ...
Lunch11/11/2010
  Q: I know and understand that in Maryland, lunch breaks do not have to be given, or paid if they are ...
  A: The only difference would be salaried and hourly employees. Salaried exempt employees do not work by ...
Privacy Law - Payroll11/11/2010
  Q: Do you have any information around privacy laws regarding payroll?
  A: Salary is really not private as far as employment laws go. It is actually against the law to ...
Termination date vs severance date11/11/2010
  Q: When an employee is terminated, we often will provide a severance package wherein we keep issuing ...
  A: The termination date is when he leaves the company and is no longer coming to work. You would ...
FMLA question11/11/2010
  Q: If I was out of work on California State Disability for a serious condition of myself for 10 weeks ...
  A: More than likely your employer counted your time as FMLA time. If your employer did not than you can ...
10 Hour Days, holiday pay11/9/2010
  Q: We have one employee that works four, 10 hour days, Mon. - Thurs. All other employees work five, 8 ...
  A: We pay all employees 8 hours holiday pay and if they work 10 hour schedules they use 2 hours of ...
timecard vs actual hours worked11/9/2010
  Q: As a non-exempt employee ifor a publically owned company in Colorado, I am required to submit s ...
  A: Colorado law did not have a clause for public employees. If it did I could not find it. I do not ...
Pay Period Switch11/9/2010
  Q: Paydays at my company used to fall every 2 weeks on the day the pay period ended. Last week we got a ...
  A: It is legal to switch the payperiod one time to a new payperiod. It is not legal to switch it back ...
Expired Payroll Check11/9/2010
  Q: A few years ago I worked for a large corporation. I was issued three separate checks for work done, ...
  A: It would depend. Some checks say right on them void after 90 days or something similar. Even if ...
Oklahoma PTO11/9/2010
  Q: My company acquired a facility in Tulsa. They had in place a PTO policy where they would award 88 ...
  A: I think that your company is being very generous but in Oklahoma you need to follow company policy. ...
timecard vs actual hours worked11/9/2010
  Q: As a non-exempt employee ifor a publically owned company in Colorado, I am required to submit s ...
  A: Public employers scored a victory recently when the Supreme Court ruled in their favor regarding the ...
lunch/ break law?11/8/2010
  Q: shirley! i've found and answer to my question but, the link was cut short and unable to be seen! my ...
  A: This depends on the state in which you work. If the state says you must have a break than you must ...
Termination11/8/2010
  Q: We terminated an employee for misconduct and failure to cooperate with fellow employees. She worked ...
  A: You cannot let an employee offer to do something and not pay them for it even if they offer. This ...
PTO payout11/8/2010
  Q: I worked for a company for a year and a half and, upon finding a different job, put in a 2-week ...
  A: It depends a bit on which state you are working in . Some states will regulate PTO paid upon ...
Employer late for payday in Ontario due to direct deposit11/7/2010
  Q: I have been with my current employer for half a year, and I get paid semi-monthly (on the 7th & 22nd ...
  A: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_00e41_e.htm Above is a link to ...
overtime11/6/2010
  Q: If I work 8 hour shifts and my employer makes overtime mandatory to 12 hours a day and i want to ...
  A: Whatever your vacation policy is in your employee handbook or your company vacation policy is what ...
Payroll Check Issuance11/6/2010
  Q: I've been working for a company for 2 years and my paydays fall on the 7th and 22nd of every month, ...
  A: http://www.dir.ca.gov/dlse/FAQ_Paydays.htm The above link has all the rules of when you must be ...
FMLA guidelines11/6/2010
  Q: McAllister, I am pregnant and preparing to go on FMLA. My job requires me to be on-call 1 week per ...
  A: I would challenge this , I do not believe it is legal to do. You might want to call your local DOL ...
Time Cards11/6/2010
  Q: I work for a company in Colorado, which in 2009 began requiring us to sign our time cards each ...
  A: The law simply says that the company must have accurate timecards on file for inspection by the DOL. ...
Who should sign Timesheets11/5/2010
  Q: I have always been told that a manager's signature on a timesheet is good enough. Is this true or ...
  A: If any changes are made to the timesheet than I have the employee either sign the timesheet or okay ...
on call hour reporting to L&I11/5/2010
  Q: I live in Washington state. I work with a tow company that is being told by L&I that they need to ...
  A: You should only be paying the employees for the hours worked. If they are able to do what they want ...
Time cards and breaks11/5/2010
  Q: First let me say that I work in Ohio, in case there are applicable state laws. Our company has a ...
  A: Federal FLSA rules would apply. Federal law does not require lunch or coffee breaks. However, when ...
regularization11/5/2010
  Q: Is there a default clause that states an employee automatically becomes regular after the 120-day ...
  A: If there is a probationary period it is the company probationary period. The laws do not stipulate ...
Holiday Pay11/2/2010
  Q: If an employee works 8 hours on a holiday does the employors have to pay the 8 hours holiday pay and ...
  A: The answer is that the company only must pay straight time for the holiday. Here is the link to the ...
Retaliation from Manager(s) in VA11/2/2010
  Q: I work for a contractor, assigned to an aerospace company, in Northern VA. I have had several issues ...
  A: Unfortunately you work in a right to work state which can fire at will. You can file a claim of ...
tele-time record copy11/2/2010
  Q: We are required to daily call in to tele-time during the work week, but there is no hard copy of ...
  A: A copy has to been kept in a file somewhere per Department of Labor regulations. You can ask HR for ...
Mandatory payment for work uniforms in South Carolina11/1/2010
  Q: Effective 12-01-10 our employer will require us to pay 100% of the cost of our uniforms. The new ...
  A: Yes it is legal for the employee to be charged for the uniforms with some stipulations. Deductions ...
Salaried employees and use of personal time11/1/2010
  Q: My boss and I are trying to come up with a legal guideline for time off, and don't know exactly what ...
  A: Salaried exempt are not measured in hours. Salaried exempt are paid for the job done. You are not ...
Overpaid commissions11/1/2010
  Q: I left my old company mid-December 2009, and received my final commission check in January 2010. ...
  A: They will have to take you to court to collect the money if you do not volunteer to repay it. If you ...
holding pay10/31/2010
  Q: Can an employer refuse to 1. mail your paycheck, 2.refuse Direct Deposit, Most Importantly! 3. Say ...
  A: None of that sounds right, except if direct deposit is not offered to any employee they do not have ...
Overtime pay for salary employees gone hourly10/31/2010
  Q: I am a construction job foreman for my employer in the state of Maryland. Six months into the 2010 ...
  A: If you were salaried exempt you are not eligible for overtime. If you are hourly you are eligible. ...
Clocking in and out10/31/2010
  Q: In the state of Florida can an employer require exempt employees to clock in and out?
  A: There is an untrue myth out there that Salaried exempt employees do not have to check in and out. ...
No pay check after terminated..10/31/2010
  Q: My question is can a employer withhold my paycheck from a Insurance policy after one year that they ...
  A: The company cannot deduct more than one insurance payment from your final check for insurance. They ...
payroll check10/29/2010
  Q: how long is a paycheck good for? the check says nothing about 90 days or 180days, can i cash it a ...
  A: Depending on your states Escheat laws the check may no longer be good. After a certain amount of ...
jury duty10/29/2010
  Q: My husband's work states in their book that if you have jury duty and suppose to work that day you ...
  A: If the handbook says he must be paid Jury Duty than he must be paid Jury Duty. The company has to ...
changes in OT and time card policies10/28/2010
  Q: Good Morning, my company has recently changed a LOT of policies regarding time keeping and overtime ...
  A: I think your company is coming into Department of Labor compliance with salaried exempt employees. ...
owner refuses to pay10/27/2010
  Q: I am a certified tech.,at a new car dealership,paid on the flat rate system.The owner refuses to pay ...
  A: If you are paid a flat hourly rate you should be paid for all the hours you work. I am not quite ...
Overtime for Salaried Employees10/26/2010
  Q: I live in the state of TN. and I am a supervisor. I am "salaried" and I am required to clock in and ...
  A: As a salaried exempt employee you do not have to be paid overtime you are exempt from the FLSA ...
Unemployment benefits10/26/2010
  Q: My wife is being laid off from her job in March, she is being offered a severance package of 8 ...
  A: She can still collect unemployment. If she is paid in one lump sum than she will have to report that ...
TIME ADJUSTING10/26/2010
  Q: My employer states that there is a 7 min window at the beginning of the shift but not at the end. ...
  A: This is not legal. If he is rounding to the nearest 15 minutes which would be the 7 minute window he ...
Tip Pooling10/25/2010
  Q: I work at this hibachi restaurant and we tip pool. I'm a server. Here is our tip out: 50% goes to ...
  A: Many states allow employers to require tip pooling. All employees subject to the pool have to chip ...
terminated employee10/25/2010
  Q: When we terminate an employee. What are we able to say when someone would inquire about that ...
  A: I tell the person inquiring that I can tell you hire date, termination date, job title and whether ...
Harassment or bullying10/24/2010
  Q: I work as an RN in Eugene Oregon. I have a boss who has on several occasions been manipulative and ...
  A: What you need to do is keep a notebook. Write down the time and date of each incident where you are ...
Payroll & company legality issues10/23/2010
  Q: McAllister, I am executive assistant. 6 weeks ago I quit a high-paying temporary position to work ...
  A: As to what an attorney could do you could talk to one about suing for harrassment but it is not an ...
unclaimed paychecks10/22/2010
  Q: what is the escheat laws in the state of Florida for unclaimed paychecks? My and I found three ...
  A: Escheat laws are for 5 years if it is not claimed in 5 years it should be turned in to the state as ...
INSUBORDINATION10/22/2010
  Q: Can an employer write you up for insubordination for refusal to work night hours. I have a special ...
  A: The company has the right to schedule you how they wish and to just say you refuse to do the ...
Final Check Missing PTO hours10/22/2010
  Q: I put my two weeks notice in on Oct 10 2010, on Thursday Oct 21 2010 the stores checks were ...
  A: First of all you would have to read your employee handbook and find out if you are paid vacation pay ...
work & pay periods10/21/2010
  Q: I work on a 9-month contract. My employer wants to pay me over 12 months. Does FLSA (or accounting ...
  A: I do not know in which occupation you are in, but this his how all the schools and educations ...
Resignation not acccepted10/20/2010
  Q: I am working with an Indian company which providing IT services, i am working with them for past 26 ...
  A: http://labour.nic.in/ This is the web link to your Ministry of Labour in India. I am not familiar ...
Commute Time in Employee Owned Vehicles10/20/2010
  Q: Your information on the company owned vehicles in regards to commute time has been extremely ...
  A: There is a real difference in company owned vehicles and a vehicle allowance for personal vehicle ...
direct dieposit10/20/2010
  Q: my former employer inadvertantly overpaid me over 3 checks after i resigned since it was direct ...
  A: I think I would have a talk with your bank. Your bank can block this transaction. Let them know that ...
Reimbursement of Relocation Expenses10/20/2010
  Q: McAllister: I signed an agreement with my employer that if I voluntarily resigned within one year, ...
  A: It does not matter when you use or do not use your vacation time. At the time you give notice is ...
Salary Reduced10/19/2010
  Q: I have a salaried position as a departmental manager, managing 13 employees in the state of Indiana. ...
  A: It can be reduced for salaried exempt employees for one full day for personal reasons or for a ...
Paycheck Availablility10/19/2010
  Q: If you are paid by check, when must you have your check in hand (can an employer put your paycheck ...
  A: This actually varies by state, but in most states if the company offers direct deposit and the ...
Payday on Weekend, BC10/19/2010
  Q: Is there a law which requires employees to be paid on a Friday if the payday falls on the weekend? ...
  A: The BC Labour Standards says that all employees must be paid at least twice a month. A pay period ...
final pay for whistleblower10/19/2010
  Q: My question, I know, will spark a couple of topics for discussion. Three months after blowing the ...
  A: They cannot hold your paycheck ransom. It might take a little while to get it if you don't go pick ...
Termination10/19/2010
  Q: Can my employer cut my hours from full time to part time and then eventually terminate me after ...
  A: You can be terminated for too many absences. With that said if your company has enough employees ...
can boss make husband choose wife or work?10/18/2010
  Q: my husband let personal issues (our fighting) carry over into his workplace and his boss told him to ...
  A: This is most unfortunate that this has happened. The boss is within his rights to do this. Personal ...
I was Terminated10/17/2010
  Q: While I was working yesterday I had to use the restroom, so I went. Tonight my boss called me at ...
  A: I would challenge this with the Department of Labor. You should not be terminated for using the ...
Flex system10/15/2010
  Q: an employee has a deduction taken from each payroll for their flexible spending account ...
  A: No this is the risk the employer takes when offering a flexible spending account. The Flexible ...
OT pay and per diem10/14/2010
  Q: We have an individual that qualifies for OT and also receives a per diem. For this example, the ...
  A: If it is travel and expenses that can be deducted from imcome tax at the end of the year it is not ...
Overtime/Mistreatment10/13/2010
  Q: Shirley - I work under a "spoken agreement" with a company who is a subcontractor on a big job. ...
  A: If you push it with the Department of Labor you may be able to have your classification changed to ...
overtime10/13/2010
  Q: I live in Texas and my job is a live in caregiver. For the first year I was salary and when it ...
  A: If you are an hourly employee you should be paid for all the time you work and overtime for all ...
pay stub10/13/2010
  Q: Is it legal for my paystub to be seen by other people than the one who signs my check? We get our ...
  A: I give my checks to my supervisors to give to my employees but I do put them in sealed envelopes. ...
Overtime/Mistreatment10/13/2010
  Q: Shirley - I work under a "spoken agreement" with a company who is a subcontractor on a big job. ...
  A: Since you are not an employee you are not eligible for overtime. You are basically working as an ...
Unemployent10/13/2010
  Q: I'm not sure if you can answer this question for me, but I will ask anyway. I would like to quit my ...
  A: If you quit your job you will not be eligible for unemployment benefits. In order to be eligible for ...
Late Time Cards10/12/2010
  Q: I work at a clinic in California and one of the providers is constantly turning their time card ...
  A: Unfortunately you have to pay the employee whether or not you receive a time card. Since you do not ...
paying out PTO, and withholding paychecks10/12/2010
  Q: Shirley, I have two questions, 1. Under the new amendments to the Texas payday rules does an ...
  A: I will answer the second question first. The FLSA (Fair Labor Standards Act) and the Department of ...
PTO accrued paid out as bonus pay when you quit10/11/2010
  Q: What is the tax rate for Missouri or where would you go to locate the tax rates? In a previous ...
  A: The taxes withheld will be shown on your W-2 form for all forms of wages bonus checks included. Yes ...
reporting tip income by 10th of month10/11/2010
  Q: My employer reports tips on credit cards and withholds appropriate taxes, however I want to report ...
  A: http://www.irs.gov/pub/irs-pdf/p531.pdf This publication will have all the rules on tip reporting. ...
Former employer jeopardizing my unemployment check10/11/2010
  Q: i just recieved a letter stating my former employer al-temps is claiming i intentionally turned down ...
  A: If your unemployment is turned down or terminated for this reason than you need to ask for a ...
Confidentiality Form/Waiver Discipline10/10/2010
  Q: Origin of issue - California: I'm at a loss here. A co-worker was sent to the "Compliance" ...
  A: Yes it is legal for the company to ask the employee to sign a confidenitality form and he can be ...
Time cards10/8/2010
  Q: In Mass. If you work from 7am to 3:30 mon thru fri, is punching out then back in for lunch ...
  A: Under the federal FLSA minimum wage laws, employers must be accurate records of the hours that ...
Laid Off10/8/2010
  Q: Why would a person get "laid off" one month after just getting a raise and three favorable reviews ...
  A: One reason would be because the job is eliminated. In financial struggles companies often lay off ...
Time Cards10/8/2010
  Q: I work for an elected official, the governing body of the county is requiring that I write in time ...
  A: Yes you can be required to sign in and out at any job you work at. This is normal and it is how most ...
Payroll10/7/2010
  Q: How many times can a company short you on hours before you can file suite. In the last 3 checks I ...
  A: First thing you should do is talk to your payroll department and find out why the hours are not on ...
being paid after being laid off.10/7/2010
  Q: i have a friend that was laid off a couple of weeks ago and his employer did not have his check. He ...
  A: He should be paid his check on his next regularly scheduled paydate. No checks for laid off workers ...
Min Wage for Commisiion based employees10/6/2010
  Q: I recently purchased a hair salon and my employees are on commission. I am curious that if they ...
  A: Tips plus commissions earned should add up to the minimum wage amount for the hours worked. In most ...
Salary or Hourly?10/6/2010
  Q: Good morning. I have a question regarding classifcation of an employee. He was hired as a seasonal ...
  A: If he has the power to make decisions for the company and how the transactions are handled he could ...
timecards10/4/2010
  Q: My Iowa employer sends e-mails like this about twice a month:"Time cards are due Monday morning, the ...
  A: Yes this is often done. If you work over or under on those two days than it will be adjusted on the ...
salaried employees10/4/2010
  Q: I am a resident of the state of Pennsylvania. I recently accepted a position that is salaried 0r ...
  A: It is true that exempt salaried employees may be asked to work as many hours as the company asks to ...
Payroll deduction to reimburse employer10/3/2010
  Q: I am leaving my current company and gave my notice. Today in my paycheck I found that they deducted ...
  A: It is not legal to deduct amounts that will put your pay below minimum wages. This is a provision of ...
Docking a salaried employee10/1/2010
  Q: My husband is an exempt employee at a for profit agency in NJ. He took off one day a couple of ...
  A: He would not be allowed to use a sick day as he was not sick, however, he should have been allowed ...
Hiring Relatives10/1/2010
  Q: My supervisor has recently hired her sister and niece. They work directly under her and they get ...
  A: There is no universal "nepotism law" at the Federal level that prohibits it in all states. Several ...
Payroll9/30/2010
  Q: Work in a medical office with less than 11 employees, paydays have always been on the 1st and 15th ...
  A: Donna, I can tell you that you should be paid on payday, however, in reality most states do give a ...
Fingerprint scan9/30/2010
  Q: My question is this: Can my employer tell me that they won't pay me if I refuse? Surely, they have ...
  A: If this is a company policy and they have a good reason for doing it than yes they can do it. All ...
Need help with HR questions...regarding overpayment on paycheck?9/30/2010
  Q: here's the story... HR overpaid me about $350 dollars on my last check. After tax, I only received ...
  A: If they take out the gross amount of 350.00 than they have to credit you back with the amount of ...
Forced to use vacation time9/29/2010
  Q: Our company is shutting down for the holidays. They say that some of the days are not paid holidays ...
  A: Yes it is legal. Vacation time is not mandated by law. It is a fringe benefit given to you by the ...
Re: State deductions9/29/2010
  Q: I am currently writing a payroll program and would like to know the best source(s)(ie. ...
  A: The best website would be (in my opinion) the BNA or Bureau of National Affairs website..it is a pay ...
pay frequecy change9/29/2010
  Q: We are changing our pay cycle to biweekly 1 week in arrears. We have some employee's that are paid ...
  A: If you are giving a draw it comes out as a draw and you deduct it from the next paycheck. If you ...
Employee of 22 years walked out..9/29/2010
  Q: I will try to make this short... I have run a small animal veterinary clinic as a home occupation ...
  A: She is not eligible for unemployment because she willingly quit her job. If she files return the ...
Exempt & Non-exempt9/28/2010
  Q: Shirley I found your answer to another person interesting. She had to go to a convention and your ...
  A: Safety violations often do result in termination. If the company is not strict on safety than OSHA ...
my boss can't make payroll9/28/2010
  Q: We get paid every other week. My boss told us that one of these days he might not be able to make ...
  A: I am glad I live in Idaho and not Florida. This is not an employee friendly state, they have almost ...
weekend pay9/28/2010
  Q: Are employers required to pay non-working weekends for employees who have been sent out of town for ...
  A: Salaried employees must be paid their regular salary regardless as long as they are traveling for ...
my boss can't make payroll9/28/2010
  Q: We get paid every other week. My boss told us that one of these days he might not be able to make ...
  A: If you are not paid your wages you can file a claim with the department of labor for unpaid wages. ...
USERRA 401k make up funds source9/28/2010
  Q: Ms. McAllister: Thank you for taking time out to answer the following questions. As you know, ...
  A: I did just speak to Mr. Morrison and he said that absolutely the employee may pay the contributions ...
payroll termination9/28/2010
  Q: i have an employee call him john. Our office is California and his employement is 'at will'. John ...
  A: Check to be sure the checks issued have been cashed. Your bank can help you with that. You should ...
harrassment investigation9/27/2010
  Q: I work in retail at an auto parts store in CA. I brought forward a complaint to HR. My problem is ...
  A: That is sad, it should not be so. We have become an uncaring society. Has the harrassment stopped or ...
Delaying Paycheck9/27/2010
  Q: I work for an Adult Day and Health Center, I am a CNA and take care of disabled adults. I have not ...
  A: Without filing a complaint you are at the mercy of your employer to pay you. If your employer does ...
harrassment investigation9/26/2010
  Q: I work in retail at an auto parts store in CA. I brought forward a complaint to HR. My problem is ...
  A: In this instance it is improper for HR to do the investigation as the HR person personally knows the ...
paid salary9/26/2010
  Q: I am a manager at a restaurant and am currently 19 weeks pregnant. My feet have started to swell ...
  A: Salaried employees do not work by the hour. They are paid an annual salary broken down into pay ...
Statutory Holiday Pay9/25/2010
  Q: I am in New York. I work for a private medical diagnostic center. I am a new employee (5 month). My ...
  A: It would be legal if when the holiday falls on Friday those that have Friday off are not paid. In ...
social security # on pay stub9/24/2010
  Q: Is it illegal in Massachusetts to print the employees social security number on their pay STUB(not ...
  A: It is not illegal to put the ss# on the check stub. If you do not wish it you can request it not be ...
USERRA 401k make up funds source9/24/2010
  Q: Ms. McAllister: Thank you for taking time out to answer the following questions. As you know, ...
  A: I am working on answering your question. I am not 100% certain so I did not want to give you the ...
security card records used as time-checks9/24/2010
  Q: It has recently been brought to my attention that some managers of my office have been using the ...
  A: Salaried exempt employees are not to be treated as hourly employees it will cause the exemption to ...
Age discrimination9/23/2010
  Q: I was just wondering if this would be sufficient to file with EEOC. I was just let go from my job ...
  A: No they cannot take away your unemployment once it has been approved. First get approved for ...
Lunch break9/22/2010
  Q: Iam paid salary for 40 hours weekly. As long as I am at work the number of hours I need, it is OK. ...
  A: It is not a law when you take lunch. If you are salaried than it doesn't matter when you take lunch. ...
Age discrimination9/22/2010
  Q: I was just wondering if this would be sufficient to file with EEOC. I was just let go from my job ...
  A: I agree with you. If you did nothing wrong and the statement was made about the niche and the ...
Meal Break9/21/2010
  Q: In California, can an employer require that their employees eat their lunch "away" from their desks? ...
  A: The employer in any state can require the employee to eat their lunch away from their desk. In fact ...
W-2 & 10999/21/2010
  Q: Is it possible for an employee to have a w-2 & a 1099? Full time employee - (Insurance agent) ...
  A: It is not a good idea to give an employee both a W-2 and a 1099. If an employee is paid commission ...
lunch breaks9/20/2010
  Q: could you please tell me,if you work for a plumbing,heat and hvac company,have been told you have ...
  A: The FLSA says you must be paid for all the time you work if you are an hourly employee. If you work ...
Time Payroll9/17/2010
  Q: We currently use a finger punch time clock. Many of our employees "forget" to punch in or out when ...
  A: The FLSA says the employee must be paid for all the hours they work whether or not a time card ...
Is this legal9/16/2010
  Q: I work for an electrical company in middle tennessee. I have worked there for seven years now and ...
  A: You have two options that I know of which may help you: #1. You have a talk with the employer , let ...
timeclocks: forcing forward, then rolling back at clock out9/15/2010
  Q: I work for a small company that uses 15 minute increments to clock time. The co. requires employees ...
  A: 7 and 7 is 14. Anything over 7 is overtime if worked late and anything under 7 goes back. So 5:08 ...
Accommodation9/15/2010
  Q: McAllister, Can our employer make us stop using scented personal products because another co-worker ...
  A: Yes your employer can say if the scent is too strong and bothers other employees than you will not ...
time clock9/15/2010
  Q: What is the law for a window prior to clocking in before schdule time. ex: i was scdule to start ...
  A: There is no such clock in time window. The company is allowed by law to round to the nearest 15 ...
Dual Jobs9/12/2010
  Q: I work dual jobs for the same employer. For 6 hours a day I am a secretary and then I leave to drive ...
  A: Yes, you should be paid for all the time you work. You would get paid for the total hours worked. ...
timeclocks: forcing forward, then rolling back at clock out9/11/2010
  Q: I work for a small company that uses 15 minute increments to clock time. The co. requires employees ...
  A: It is legal to round to the nearest 15 minutes. It is not legal to round only on clock in and not on ...
Hourly employee going out of town for company9/10/2010
  Q: My boss asked me to attend a convention that he will be at. I will be assisting at the convention. ...
  A: Unfortunately you are not compensated for being out of town and away from your family. This is just ...
Hourly employee going out of town for company9/10/2010
  Q: My boss asked me to attend a convention that he will be at. I will be assisting at the convention. ...
  A: It depends on your wage classification. If you are classified as salaried exempt and paid a salary ...
mileage reimbursement9/10/2010
  Q: I am an employer and I wanted to know if I have to pay the IRS's standard rate or can I pay less? ...
  A: Yes, instead of using the federal gas rate you can pay actual gas expense. Have them give the ...
mileage reimbursement9/10/2010
  Q: I am an employer and I wanted to know if I have to pay the IRS's standard rate or can I pay less?
  A: You are to pay at least the standard IRS Rate. You should not pay more than the rate or you have to ...
paying for misrings9/10/2010
  Q: Tonight I had a ticket that I entered into the computer, and one of the items was wrong. When the ...
  A: The Texas Payday Law provides that wages may be withheld only when the employer is authorized to do ...
Salaried employee forced 12-17 hour days9/9/2010
  Q: I work for a LARGE shipping company. All management are salaried on a 9 hour scale. That is what we ...
  A: If your position does not fit under the exempt category and you are classified as exempt than you ...
Wage increases9/8/2010
  Q: Is there any legal requirement to adjust current employees wages when increasing the starting wage ...
  A: There are no legal requirements, however, this would be a very bad policy. Your employee morale ...
Payroll Issue Dates9/8/2010
  Q: Recently I've been dealing with late delivery of my paychecks from my company. Thought the payroll ...
  A: If they offer direct deposit to the out of state employees they have direct deposit capabilities. ...
Labor laws9/8/2010
  Q: I have worked for a large medical corporation in Dallas, tx since 4/15, I recently have been under ...
  A: I am changing my answer because I didn't catch that you haven't worked for the company for 12 months ...
Truck Driver Pay9/4/2010
  Q: My husband is a truck driver in California and works for a company hauling hazardous materials. His ...
  A: Yes, he should be compensated for the meetings. Will he be? Probably not. Most trucking companies ...
Payroll Question9/3/2010
  Q: Our company recently started a policy in which employees hired after March. 31 will have to wait ...
  A: Labor law does not cover reviews nor does it cover salary increases. This is a company internal ...
Hourly or Salary9/3/2010
  Q: Im trying to find out about salary vs. hourly. I walked out of my job of 7 weeks due to the owner ...
  A: If you are salaried exempt or hourly and you quit your job you only need to be paid for the time you ...
Not getting paid for time worked.9/2/2010
  Q: I am a part time employee for a small company (I am the only part time employee). I get paid hourly. ...
  A: http://www.dol.gov/whd/regs/compliance/whdfs22.pdf Under meal periods it says periods of 30 minutes ...
How much can a company withhold from your future paycheck if they have overpaid you in the past?9/2/2010
  Q: My employer has overpaid me by a few thousand dollars(over several pay periods)and is expecting me ...
  A: your company cannot deduct any amounts that would place your salary below minimum wage. In some ...
hours worked to be paid9/2/2010
  Q: my husband works for an auto body shop, he gets paid hourly. the business is family owned. If he ...
  A: Rounding time is allowed to the nearest 15 minutes. 8:06 should be 8:00 and 8:07 would be 8:15. ...
Not getting paid for time worked.9/1/2010
  Q: I am a part time employee for a small company (I am the only part time employee). I get paid hourly. ...
  A: What you can do is file a claim for the unpaid wages with the department of labor. If you talk to ...
rules of companuy policy9/1/2010
  Q: I understand you may not have an answer. But I have tried everything so I thought I'd try you too. ...
  A: Your friend needs to talk to the department of labor. This is not legal. If the company furnishes ...
payroll8/31/2010
  Q: Is there anything that I could do about this?
  A: Let your supervisor know about this mistake and have him/her put the time in for your next payroll ...
Docking exempt employee8/31/2010
  Q: I am exempt, salaried employee who has 20 days per year of PTO. I have worked for this employer for ...
  A: The rule is if you are salaried exempt and you work part of a day than you must be paid for the ...
salary and bonus reduced8/30/2010
  Q: about 2 years ago i had received another job offer paying me $25 an hr. I am a mgr at an auto ...
  A: All your employer is required to do by law is pay you minimum wages. He is not required to pay any ...
Vacation pay8/27/2010
  Q: I had approved vacation time which I took for 5 days. Then decided to resign my position at the end ...
  A: Contact the employer to see why you have not been paid. In some states you do not have to be paid ...
docking exempt pay8/26/2010
  Q: I am rewriting our leave and paid time off policies. I would like to include specific language that ...
  A: You cannot dock partial days of an exempt employee. You are allowed to use PTO time for that partial ...
Florida - Travel Time In Company Vehicle8/26/2010
  Q: Good Morning Shirley! I have read the below question and answer by you in September 2009, see ...
  A: Florida is part of the Fair Labor Standards Act, it is Federal and is over all states. Driving ...
Vacation Pay Out + Benefits Deduction8/26/2010
  Q: I just left a company in Colorado. When I received my vacation pay out, they had deducted all fees ...
  A: First thing you should do is contact the company and ask if they made a mistake and have taken out ...
Fingerprints8/26/2010
  Q: My employer is looking into implementing a fingerprint scanner for their new time clock system. ...
  A: This is the newest time system that prevents buddy punching. It is being implemented across the ...
handing out of paychecks8/26/2010
  Q: Is there a law stating that an employer can not hand out a paycheck of a minor to their legal ...
  A: No I know of no law that states this. I am not in the habit of handing out paychecks to anyone other ...
Background Check8/25/2010
  Q: McAllister, Should the employer reveal the results of the background check to the potential ...
  A: Toni, Unless there is something undesireable in the background check that has kept the candidate ...
Providing Uniforms8/25/2010
  Q: Where i work they require us to wear a certain shirt, provided by my employer, however they only ...
  A: If shirts are provided for some workers they should be provided for all workers. If shirts are ...
Can my employee mandate how I take my vacation time?8/25/2010
  Q: I get 4 weeks of vacation each year. My employer has changed the vacation policy to mandate that ...
  A: Yes, your employer can tell you when you may or may not take vacation time. This is legal. Vacation ...
Per-Diem/Wages and Overtime8/25/2010
  Q: My original employment agreement with an employment agency was at $65/Hr. I live in L.A. but my ...
  A: If you are an hourly employee and non exempt they should be paying overtime for all work over 40 ...
Direct Deposit to closed employee account8/24/2010
  Q: We re-hired an employee who had direct deposit. we sent her paycheck to the bank. The employee had ...
  A: The company does not owe her a replacement check. You paid her , it was taken for a debt. I feel for ...
Social Security withholding8/24/2010
  Q: We hired an employee who we are contributing to a Firefighters Pension program. I didn't realize ...
  A: This happened to me with a foreign exchange student. It took me several months to get it all ...
payoll tampering8/24/2010
  Q: My husband works for a municipal authority.In 2007 he was told by board members that his pension was ...
  A: You went to the wrong people for help. You have two places you need to go for help. #1. The ...
Union Dues8/24/2010
  Q: I am a business owner that joined BAC Local Union 1 in Washington State in April 2008. During the ...
  A: I am not familiar with Unions and Union Contracts. I do know that you cannot be forced to sign any ...
salaried exempt employees8/23/2010
  Q: my husband is a salaried exempt employee for a hotel chain. he is expected to work 15 hours per day ...
  A: It certainly does not seem right that he is the only salaried employee expected to work this many ...
Taking a PTO day once a week for a class8/20/2010
  Q: I work evenings as a receptionist in the Radiology department of a hospital. I am currently a ...
  A: PTO is a fringe benefit and the company may say when it may or may not be used. Yes they can cut ...
Withholding last paycheck8/19/2010
  Q: I quit a job on July 23rd and still have not had my last paycheck sent out.I've talked to the ...
  A: Different states have different laws but it should be to you no later than the next payday. If you ...
time cards/PTO8/19/2010
  Q: Recently our department in a hospital in Illinois started having the secretary go over the time ...
  A: You are correct, it is 40 hours a week. The Fair Labor Standards Act is clear on that point. you ...
bathroom breaks?/medical privacies8/19/2010
  Q: my name is Ken, i work at a tractor supply company in turlock, ca, as a full time parts delivery ...
  A: Here is the link to FAQ Division of Labor Standards California concerning breaks. ...
Missed timecard punches8/18/2010
  Q: I have read that you cannot dock an employee for missed punches. Sometimes after I have already ...
  A: I I have a missing punch on the timesheet I pay the employee for the day for whatever time they are ...
Overdistribution of 401k8/17/2010
  Q: Shirley, I left my previous employer in January of 2009. I immediately applied to have my 401k ...
  A: I would fight this. They told you that was the correct amount they put it in and now they want it ...
Overtime pay and backpay8/17/2010
  Q: I have a friend who works for a school district and his employer has recently told him that all ...
  A: Your friend should contact his local divison of the Department of Labor. Take his paper he signed ...
Wage overpayment8/16/2010
  Q: My wife's employer overpaid her (paid her for medical and FSA instead of deducting it) and the check ...
  A: The company will need to issue a new W-2 and you will need to file for a refund of the taxes. At the ...
Document signing after resigation8/16/2010
  Q: I have recently resigned (via letter) from my at-will position at a major US corporation. As part of ...
  A: Those documents are standard proceedure for terminating employees. If you do not wish to sign them ...
Uncashed garnishment checks to vendors?8/16/2010
  Q: If a creditor or agency has not cashed a check we sent after withholding funds from the employee ...
  A: What you would need to do is contact the person that has not cashed the check. If the check has not ...
Cutting Hours8/16/2010
  Q: (Arizona) Me and some other hourly employees at my company have become aware of our clock in and ...
  A: Employers are only allowed to round to the nearest 15 minutes. So they could only have rounded the ...
time clock punch in and out8/15/2010
  Q: I work at a casino in surveillance and we are required to punch in at five minutes till the hour in ...
  A: What I would suggest is setting your watches with the time clock so you are not late. YOu should not ...
tipping out procedures in FL8/15/2010
  Q: I am a server at a chain restuarant in FL and was wondering how legal it is that they tell me what I ...
  A: Tip pools are on the amount of tips earned not on the sales. Also only the tips earned while all are ...
bathroom breaks?/medical privacies8/14/2010
  Q: my name is Ken, i work at a tractor supply company in turlock, ca, as a full time parts delivery ...
  A: Please contact your local department of labor and report this: #1. medical conditions and ...
Paid Leave8/13/2010
  Q: Shirley, Are employers required to offer full time employees paid leave, whether it be personal, ...
  A: Employers are not required in any state to offer paid leave of any kind, personal, sick or vacation. ...
Hourly employees8/13/2010
  Q: We miss paid some of our hourly employees. None of the employees pointed this out and the employer ...
  A: unlucky you. California is not a state that I am that familiar with the laws, I am in Idaho. I do ...
company practice to advise ill employees to quit rather than be terminated8/13/2010
  Q: My now 28 year old son has been ill for several years with what is finally diagnosed as Lyme disease ...
  A: I am honestly surprised that this company has not been sued over this practice. There is a law ...
Privacy8/11/2010
  Q: What information is considered private? The company has started posting in the employee break ...
  A: none of the above is private as long as no medical information is listed. HIPPA covers only PSI ...
Employment Law8/11/2010
  Q: I am a 58 year old RN that had a stroke on my hospital unit in Oct 2009. I was taken to our ED and ...
  A: I would definately not hide the stroke but would also give documentation from your neurologist that ...
Time clock8/11/2010
  Q: A company that I work for does not have a time clock, is this legal?
  A: The company has to keep correct timesheets, it does not have to have a timeclock. If there is no ...
lunch deductions8/9/2010
  Q: There are days that I do not get a lunch break. Yet my employer deducts 1 hour from my time. Can ...
  A: Kathleen, Your employer must pay you for all time worked. If you work through your lunch hour you ...
False accusation8/8/2010
  Q: I work for small community bank. An employee or employees have sent an anonymous letter to Board ...
  A: Unless you know for a fact who has done this it will be almost impossible to prove. The best thing ...
Downsizing - financial obligations8/7/2010
  Q: "Thank you for taking my question. I am negotiating to buy a small business [LLC]. I have ...
  A: When terminating an employee due to downsizing the severence pay in the employment contract and any ...
Unemployment benefits8/6/2010
  Q: I live in Michigan. I was let go by the company at the end of Jan. I started to claim unemployment ...
  A: Vacation pay is considered wages. It would render you ineligible for unemployment benefits and ...
Minimum salary requirements8/6/2010
  Q: A friend of mine was offered a salary position working M-F, 8-5. The salary offered was ...
  A: If she is working 8 hours a day 52 weeks a year than the minimum wage that she could be paid would ...
employment time compensation8/6/2010
  Q: My employer started deducting 1/2 of pay for a food allowance without our concent. Previously we ...
  A: It is within your rights to request anything. Whether they have to give it or not depends on State ...
employment time compensation8/6/2010
  Q: My employer started deducting 1/2 of pay for a food allowance without our concent. Previously we ...
  A: How long is your lunch hour 1/2 hour or 1 hour? Food allowance is not allowed unless you are ...
Unpaid Training8/6/2010
  Q: I live in Ontario, Canada. I am having trouble getting answers to my questions, so I hope you can ...
  A: The law says you must be paid for all the time you work. Here is the link to Employment Standards ...
Travel time and meal expense8/5/2010
  Q: I work for a health insurance company in Buffalo, NY. Later this month, I am being sent to ...
  A: You are only paid wages for the 8 hours of your regularly scheduled time. The amount you spend for ...
Timecards8/5/2010
  Q: Can you tell me if timecards are public record in the state of Minnesota ? if anything can you point ...
  A: Timecards would not be considered public record. They are also not covered under any privacy laws so ...
Access Control System used as punch clock8/5/2010
  Q: I work for the federal government as an exempt employee under the FLSA. The Agency requires that ...
  A: The company can use any device they wish as long as it is used for all employees and it is the ...
Dry cleaning job /pay question8/5/2010
  Q: MY boss is only paying me for half the hours that I work. She say's that it is because of Training. ...
  A: This is illegal you must be paid for all the hours you work, including training. It is true that ...
Background Check8/5/2010
  Q: My question is. I will be applying on line at a company that will do a background check i know for ...
  A: The new company will definately see the felony and may decide not to interview or hire you because ...
Salary pay reduction8/5/2010
  Q: I am a salaried employee. Last year my employer cut our pay by 20% involuntarily. I was able, ...
  A: It is legal to cut hours in financial downturns. If your hours are cut back again you may be able to ...
Access Control System used as punch clock8/4/2010
  Q: I work for the federal government as an exempt employee under the FLSA. The Agency requires that ...
  A: I would challenge this. Exempt employees cannot be terminated for checking in and out as they are ...
time clock - lack of clocking in and out8/4/2010
  Q: In California I understand that you have to pay an employee for their hours even if they did not ...
  A: First you have to have a policy that states as part of their employment they must clock in and out ...
Salary vs Hourly8/4/2010
  Q: My husband works for a HVAC company he is the only AC Tech they have. When he started with the ...
  A: If he is salaried exempt he should be paid the same salary each pay time. Salaried exempt are not ...
Work Schedules8/4/2010
  Q: What are the laws regarding work schedules? Is there a law that says an employer can make the 40 hr ...
  A: The employer is in charge of the work schedule. Yes, he can make it any days and hours he wishes. ...
Payroll on a weekend8/3/2010
  Q: My employer and I are having a conflict with the individual who does our payroll. We are paid the ...
  A: I can't help you out there, because the reason they are dating the checks on the 1st and 15th is ...
Vacation Cap8/3/2010
  Q: I work in California and I am nearing my company's cap for PTO. Since we are currently shorthanded I ...
  A: They are correct, they cannot waive the cap because that would again be accruing and the policy ...
Summer Holiday's in MA8/2/2010
  Q: If a retail store has multiple units with a total of 8 employees working on Independence day, but ...
  A: However many employees the employer only has to pay overtime for the holiday if over 40 hours are ...
Grounds For Unemployment Insurance Claim7/31/2010
  Q: There is a minimum amount of time required for an employee to be employed with an employer in order ...
  A: The time employed at a company is not a factor in an unemployment insurance claim. You must have ...
Disabled employer child7/30/2010
  Q: McAllister, My question is, what are my options when I am working on a job where my employer ...
  A: You have the option to quit and find another job. You and the mother may disagree that the child has ...
Overtime pay is 1/2 time7/29/2010
  Q: Can an employer in the state of Florida pay 1/2 time vs. time and 1/2 for over-time? Can an employee ...
  A: The Wellness program is voluntarily the company cannot deduct a fee for not enrolling in a wellness ...
Illegal deductions7/29/2010
  Q: Good morning;I was honorably discharged(laid off)from my teaching position at the Chicago Public ...
  A: You should be allowed to drop voluntary insurance premiums. Since you are only part time you now ...
Termination - UI obligations to employer7/29/2010
  Q: I am negotiating to buy a small business [LLC]. I have determined that one of the four employees in ...
  A: You must honor the contract agreement with regards to any severence mentioned in the agreement. If ...
Question: Reduce wage7/28/2010
  Q: This is a question on behalf of my dad - who doesn't speak english. Background: My dad has been ...
  A: If the workers feel they are discriminated against because of nationalty, race or color than they ...
Employer Forcing to Sign Tax Form with Threat of Witholding Paycheck7/28/2010
  Q: I work for a non-profit organization (church), and I am a supervisor over approximately 50 seasonal ...
  A: It is illegal to withhold paychecks for any reason! It is also illegal to ask employees to sign ...
Not being paid as promised by federal gov't7/26/2010
  Q: I recently applied for a promotion from a GS-9 position with the Bureau of Land Management to a ...
  A: The company is allowed to reduce pay after you start working. They need to give you notice first. ...
False background check report7/26/2010
  Q: McAllister, I have a question maybe you can help me with. My church recently asked my wife and I to ...
  A: You can sue the background check people for libel which is slander in writing. You would have to ...
mandatory uniforms7/25/2010
  Q: The hospital where I work put into place distinctive uniforms depending on your position. They ...
  A: If the company wishes you to wear uniforms and they provide the uniforms they are legal to do so. If ...
Legal issues at work.7/23/2010
  Q: at my work closers at the subway store only get paid until a half hour after we lock the doors even ...
  A: An employer may only withhold an employee’s wages when the employer is required by state or federal ...
Mileage reimbursement7/23/2010
  Q: My company says they will only pay what MAPQUEST says.However driving in NYC often calls for detour ...
  A: Mileage is only while you are working. Your trip to work and your trip home from work is not ...
Salary labor laws7/22/2010
  Q: I work for a company where we are required as a manager to work 6 days a week at least 52 hours a ...
  A: Unfortunately it is legal. Salaried exempt employees are exempt from the Fair Labor Standards Act. ...
Car Allowance7/22/2010
  Q: Good morning. We are paying monthly car allowance that includes maintenance, gasoline and mileage ...
  A: Nonaccountable plans are reported as wages and the employee has to file to get the tax break on his ...
Car Allowance7/22/2010
  Q: Good morning. We are paying monthly car allowance that includes maintenance, gasoline and mileage ...
  A: As long as your policy states the car allowance is inclusive of the miles and the allowance is ...
Company closing for few days.7/21/2010
  Q: The company that i work for is going to be shutdown for a few days. For the reason that there's ...
  A: Vacation Pay is a fringe benefit and it is not required by law. The employer has the right to say ...
Salary -exempt overtime7/21/2010
  Q: We have an employee that is salary and exempt who has exceeded his vacation benefits and wants to ...
  A: First off if you have an employee that is exceeding his vacation and wants more time off you have an ...
Severance Pay7/20/2010
  Q: I was laid off on 4/30/2010 and was given a severance pay of two weeks which is indicated on my ...
  A: In lieu of notice pay is given to employees when they are terminated. It is in exchange for not ...
Training Classes7/20/2010
  Q: I work at a job where my regular hours are from 5pm to 11pm, A few days ago the employee's at the ...
  A: If you are hourly non exempt you must be paid for the time you are attending the training classes. ...
Lay Off notice7/18/2010
  Q: McAllister, I was laid off, not fired, last year, June, 2009, after being with a law firm for over ...
  A: If the company has more than 50 employees it should have given notice before the layoff. At any rate ...
full time benefits7/18/2010
  Q: I was hired to do two part time jobs within the same company, but was hired as a full time employee. ...
  A: The government does not mandate vacation be paid to employees, however, if vacation is paid they ...
Termination of Employment7/18/2010
  Q: I recently got fired from my employer following a suspension. When I got suspended, they gave me a ...
  A: If you were given a verbal reason for termination you were given a reason. It does not need to be in ...
Termination without notice in Alberta7/17/2010
  Q: I was terminated July 14th,10 days after returning to work after being off 9 weeks for surgery. I ...
  A: http://www.hrsdc.gc.ca/eng/lp/spila/clli/eslc/07termination_of_employment.shtml You will find rules ...
scheduling questions7/15/2010
  Q: i have worked at a restaurant in meridian idaho for the past 3 months as a prep cook and dishwasher. ...
  A: If your hours are cut this much and you are not working you can sign up for unemployment even though ...
my wages are late getting to me7/14/2010
  Q: I should of got payed on July 1st/10,for the 9 days i worked in June/10 ..I have send many emails to ...
  A: Ask them to cancel the check they sent to you and make a new check and go in person and pick up the ...
Motor Carrier Exemption7/14/2010
  Q: Are drivers of hazardous materials (petroleum) trucks that weigh over 10,000 lbs. exempt from ...
  A: There once was an exemption for Long Haul drivers, however it has been changed. the Department of ...
Refusing to pay Overtime7/14/2010
  Q: Is it illegal for an employer to refuse to pay overtime that has been worked?
  A: It is illegal to not pay overtime that is already worked whether it is approved or not. If it is ...
verbal harassment and a fine7/14/2010
  Q: I work as a temporary/seasonal employee in Texas. In a recent meeting at work which contained about ...
  A: A fine for not giving notice is not legal in Texas or any other state I know of. If the employer ...
Colorado PTO payment upon seperation7/13/2010
  Q: I am leaving my employer, I live and work in Colorado. My employer is saying they only pay out 2/3 ...
  A: http://www.colorado.gov/cs/Satellite?c=Page&childpagename=CDLE-LaborLaws%2FCDLELayout&cid=1248095305 ...
FLMA 12 weeks7/13/2010
  Q: My question is My mother has been working for a company over 11 years, and this year she has been ...
  A: Yes, they can terminate her after the 12 weeks is over if she cannot return to work. I don't know ...
Time limit for final pay for commissioned employees in AZ7/10/2010
  Q: In AZ if an employee is fired, you have 3 days to pay them. If they are a commissioned employee, ...
  A: Since he is already paid I don't think you need to worry. He cannot sue for non payment of wages. If ...
Hourly pay7/9/2010
  Q: Company hours are normally 8:00am-5:00pm. Summer hours are earlier. Company pays and allows 2 15 ...
  A: Some employees do not understand how it works and because they do not understand it they think it is ...
bonkers7/8/2010
  Q: If an employer requires an employee to sign an agreement by a specific date and an employee fails to ...
  A: If the employer and the employee are in a right to work state than the employer does not need to ...
Mandatory Shifts7/7/2010
  Q: Can an employer make Friday and Saturday shifts Mandatory for all staff?
  A: The laws do not govern how the employer may schedule employees to work. The employer may makey ...
work hours7/7/2010
  Q: can staff working 40 hours a week 4 days. only on holidays they cut 2 hours to work only 8 hours ...
  A: It is not required to pay more than 8 hours on a holiday or to schedule someone more than 8 hours on ...
Tips7/6/2010
  Q: is it required by law to tip salary paid managers in the state of North Dakota? And or is it illegal ...
  A: First of all Employees who are not "regularly and customarily" tipped cannot participate in the tip ...
PAID FORMEALS7/6/2010
  Q: My employer almost had to pay an x-employee a substantial amount of money for missed breaks and ...
  A: When you eat on duty you are paid for the amount of hours you work. Your lunch hour is part of your ...
Leave issue7/5/2010
  Q: I am a salaried employee who works 45+ hrs/week. I recently got sick @ work and was told I had to ...
  A: Vacation and PTO are fringe benefits given by the company. They are not required by law to be given. ...
FMLA or disability discrimination7/5/2010
  Q: McAllister, I work and live in Nebraska. I have been at the same plant for over 12 years. They have ...
  A: FMLA will not help you, but the American's with Disabilities Act might. Contact your local ...
Not getting paid correctly7/2/2010
  Q: I'm hoping you can help. I work for an internet based company (I have never met not spoken to my ...
  A: You can contact your local department of labor and file a claim for unpaid wages. Keep the ...
Backdating of paychecks7/2/2010
  Q: I was recently terminated from a job on the same day i was going to resign due to the my employers ...
  A: Keep the envelope that the check came in with the check dated in April. Take a copy of the check if ...
Deducted pay7/2/2010
  Q: I am a salaried employee out for a week with a doctors note on sick leave. I have still been taking ...
  A: If you are out for a week sick you do not have to be paid for that week. If you keep track of the ...
On call employees7/1/2010
  Q: if a maintenance man comes in for 15 - 30 minutes to fix a minor problem do we pay him the 15 to 30 ...
  A: The Texas Building and Procurement Commission and the Department of Transportation may pay employees ...
forced vacation7/1/2010
  Q: I work in the state of California, is it legal for my company to make it mandatory that I take a ...
  A: If your company offers paid vacation time than the company may say when it may or may not be used. ...
Pay dates changed without notice7/1/2010
  Q: My husbands employer has forced them to take vacation during a short notice Company SHUT DOWN. The ...
  A: They can shut down with short notice , however, they still need to pay on the regular payday. If ...
Designated Lunch/Break Area6/30/2010
  Q: I work for a small (less than 20 employees) company. We do not have a break/lunch room. They have ...
  A: If an employer fails to provide an employee a rest period in accordance with an applicable IWC ...
Others handling time card6/30/2010
  Q: i want to know is it illegal for a fellow coworker to handle another's time card without the persons ...
  A: Your lifestyle is no ones business except for yours. It is not her business and it is not other ...
Break Policies6/30/2010
  Q: I work at one out of a chain of convenience stores in Pennsylvania. Our break policy for our adult ...
  A: Pennsylvania does not have a law regarding adult breaks, it is up to the employer if they wish to ...
How to file claim in small claims for sexual harrass & employer not giving check6/30/2010
  Q: 1. What angle do I take to file my concern under small claims? 2. What can I do to prepare for my ...
  A: In small claims you can only file for unpaid wages. You can get an attorney and file a sexual ...
Others handling time card6/30/2010
  Q: i want to know is it illegal for a fellow coworker to handle another's time card without the persons ...
  A: The searching through timecards is certainly unethical and I would not think that a company would ...
Employee benefits6/29/2010
  Q: I have been asked by my supervisor (new general manager) to research the obligation of an employer ...
  A: Past practice has been to pay the holiday. In order to change it you should write up a new policy on ...
resignation employment end date6/29/2010
  Q: I have submitted a resignation to my company. I have given a date ending in 2 weeks. During two ...
  A: Vacation is a fringe benefit. The employer can say when it may or may not be used. If the copany ...
pto6/29/2010
  Q: I have 10.87 hours on the books for paid time off. I Properly requested leave 2 weeks in advance for ...
  A: I have included the weblink. Vacation or PTO as they are considered one and the same in California ...
Payday Falls on a Holiday?6/28/2010
  Q: I have a question regarding holidays, and the effect they have when they fall on a 'payday'... If a ...
  A: My office is in Alberta. In Alberta the company has 10 days to pay the employee legally. I would ...
attachments with Paychecks6/28/2010
  Q: I am a payroll administrator. I have been asked to staple the companies newsletter to the employees ...
  A: I would probably fold it and stuff it in an envelope with the check. I put insurance and 401K ...
Mandatory Direct Deposit In NJ6/26/2010
  Q: I was recently informed that my employer is requiring direct deposit for payment of wages effective ...
  A: Your paycheck can be directly deposited if your employer provides this option. You must personally ...
Not being paid weekly salary6/26/2010
  Q: I took a management position on December 23 2009.I have not received any check since I took the ...
  A: There is no way to know how long it will take to get funds once you go through the Department of ...
vacation pay out6/25/2010
  Q: I have been with my employer for < 3 years. My position is being eliminated in four months due to ...
  A: Okay, if the vacation is accrued before you terminate according to the North Carolina rules since ...
Payroll Shortages6/25/2010
  Q: I am paid an hourly wage on my job. We submit our hours via electronic time clock in addition to a ...
  A: You should be paid for the actual hours you work. If there are overtime hours than they should be ...
overpayment of wages6/24/2010
  Q: My employer notified me April, 2010, of an overpayment of wages they had made at the end of my ...
  A: You will need to pay the Gross amount because a new tax statement will need to be sent to you so you ...
Total compensation reports6/23/2010
  Q: I have heard that the law requires employers to give total compensation reports to their employees . ...
  A: Total compensation reports are not required by law. They are a report which shows the total amount ...
Vacation6/23/2010
  Q: I work for a small family owned business in Maryland and I have worked her for 4 yrs and 3 mos. May ...
  A: You need to schedule a meeting with HR and talk to HR about this or if you do not have HR to your ...
Confidentiality6/23/2010
  Q: If an employee tells their supervisor in confidence about their personal intimate relationship with ...
  A: This could be considered a HIPPA violation because it had to do with the fragile mental state which ...
Vacation6/23/2010
  Q: I work for a small family owned business in Maryland and I have worked her for 4 yrs and 3 mos. May ...
  A: Vacation time and PTO is a fringe benefit. It is not covered by law unless you work in California ...
Overpayment after resignation6/23/2010
  Q: I resigned from my last position and received my final pay on June 2. Since I only worked one day ...
  A: They money is not yours to keep so yes it needs to be paid back to the company. Salaried employees ...
Bonus deductions6/23/2010
  Q: I recently received my yearly bonus which was put on my bi-weekly pay stub thus increasing my ...
  A: The company has a choice. It can either add the check to the current payroll and tax as one lump ...
Employment reference liability6/22/2010
  Q: I am a manager for a small firm. Recently we had to terminate an employee. He later filed a suit ...
  A: If you said something untrue that hurt his chances of getting a job you could be personally sued for ...
Uniforms6/22/2010
  Q: I am an RN who works for a non-profit hospital in Montgomery County Texas. We have recently been ...
  A: The Texas law says: Deductions should not be made without authorization from the employee: Sec. ...
unfair suspension?6/22/2010
  Q: i used to work as a certified nurse aide. I'm 17 weeks pregnant. last Tuesday my doctor wrote a note ...
  A: It is not legal to suspend you from work. It is legal to put you on FMLA leave if they have no light ...
What is legally allowed on a time card?6/22/2010
  Q: I understand that recording time, employee name, employee identification is allowed to be on a time ...
  A: Timecards are simply timecards to collect time. Employee name, ID #, department, job title and hours ...
timesheet privacy6/21/2010
  Q: What are an employee rights to privacy on their timesheet? Can any employee see another employees ...
  A: Timesheets are not covered under privacy acts or HIPPA. Medical and personal information such as ...
Rules for work scheduling6/21/2010
  Q: Is there a guideline for employers to follow regarding an employees work schedule? Re: When to post ...
  A: I ask my employees to schedule time off two weeks ahead if possible so the supervisor can have time ...
Exempt employee and emergency medical leave6/20/2010
  Q: I am an exempt employee, paid a fixed salary (even if I work over 40 hours per week). I do not get ...
  A: What you are describing is a Short Term Disability Insurance Plan. We have that here at work also. ...
vacation pay6/18/2010
  Q: in 10/2008 my company was sold to a new owner. prior to the purchase i met with the current and ...
  A: This really depends a lot on which state you are working in. The federal laws do not cover vacation ...
recording time - exempt employees6/17/2010
  Q: Do we cause problem with exempt employee status if we require them to record start and stop times on ...
  A: It does not challenge the exempt status if you have exempt workers clock in and out. This is ...
Paying Overtime with PTO time6/17/2010
  Q: I am working for a company who pays non-ex. employee's with PTO time for Overtime hours worked. So I ...
  A: This is not legal. If you are non exempt and you work more than 40 hours in a week you must be paid ...
Secondary job in addition to current employeer6/17/2010
  Q: The Human resource Department just sent down this "note" to all its employees. My question is, Can ...
  A: The company cannot force you to give this information. Do go ahead and sign the form that says you ...
resignation and vacation pay6/17/2010
  Q: I have submitted my resignation and was told that the HR policy is that I have to give 4 weeks ...
  A: You cannot use vacation time as notice time. Notice time is time that you are working to give the ...
Random early closing6/17/2010
  Q: I am one of 2 hourly office employees. I am full time. Everyone in my department is salaried ...
  A: This is a hard one for you and we have an hourly employee in the same situation. Unfortunately the ...
8 hours pay for 6 hours work6/17/2010
  Q: Shirley, My company upon my intial employment, said they offered exempt employees the option to work ...
  A: There is no federal required benefit for an exempt employee to work 6 hours and get paid for 8 ...
Uniform deduction6/17/2010
  Q: An employer in KS withheld money from an employees last paycheck for uniforms that they claim were ...
  A: I don't know if you are in Kansas City , Kansas or Kansas City, Missouri, so I will give the answer ...
Hourly Paid Employees as Independent Contractors6/16/2010
  Q: Shirley, I live in SW Florida and work in the beauty industry. We have 2 receptionists who work in ...
  A: Receptionist cannot be independent contractors, they are employees and they should be paid wages and ...
Payroll Law6/16/2010
  Q: I work for a Private Doctor's office. Our office manager recently informed us that there is a law ...
  A: Vacation time is a fringe benefit given by the employer. The employer must allow you to use the ...
taking money from an emploees wages6/15/2010
  Q: hello my employer has decided to start taking drive off moneys from our wages is this allowed
  A: In which state do you work and what type of business. Is this a service station or fast food ...
Hourly to Salary6/15/2010
  Q: I have a question regarding being taken from an hourly employee to a salaried employee without ...
  A: Salaried exempt employees must meet specific criteria which is listed on the Department of Labor ...
Interview6/15/2010
  Q: I have a friend who went on an interview with a company and before leaving the company had him fill ...
  A: It is legal to ask for the information to fill out the W-9 which is proof of citizenship to work. ...
payroll6/15/2010
  Q: I was terminated for allegedly going against co. policy. My last day of work was June 4th which was ...
  A: You should be paid your final check no later than the next regular payday. In some states sooner. ...
hours6/15/2010
  Q: yes i work for a cleaning company, I was off one day and iwas suppose to go in to work to cover ...
  A: Unemployment is the Department of Labor. Yes, employers do call the Department of Labor all the ...
Tip out6/12/2010
  Q: I wurked at a restaurant in Halifax Nova Scotia for about a year and a half, and did not receive a ...
  A: Since the owner stole the tips he should not have them at all, the way I see it. It should be paid ...
Redundancy6/12/2010
  Q: I live in London, England. After 10 years of two-days-a-week employment on a permanent contract the ...
  A: You may well be eligible for redundancy because of factors in your statement. You have been with ...
10% pay cut commission & non commission employees6/12/2010
  Q: We were notified that all employees will receive a 10% pay cut, for a few months, until back on our ...
  A: Pay cuts are allowed as long as you are making minimum wage. commissioned employees can be paid ...
TIPS, DISCOUNTS AND TAXES6/11/2010
  Q: The employees of my non-food, retail business accumulate approx. $1,800.00 per month in total tips. ...
  A: If you are reporting the tips in with the regular wages and withholding taxes on them you are doing ...
MEAL TIME BREAKS6/11/2010
  Q: All of my 17 employees unanimously voted to forgo legally mandated lunch break scheduling for the ...
  A: It is illegal for employees to forgo a mandated lunch break to leave early. You should make sure ...
Hourly decrease6/11/2010
  Q: I hired a person for a specific group of functions. This person failed to perform, failed keep a ...
  A: If the employee cannot do his job properly than you can terminate the employee for incompentance in ...
payroll6/10/2010
  Q: Good morning I just sent you an email concerning his docking of salary for being sick for a day. I ...
  A: Yes, it might make a difference if you live in Canada. In Canada you would be contacting your ...
payroll6/10/2010
  Q: My husband is on salary. He works 62 hours a week. No overtime/no time and a half for holidays. If ...
  A: This is not right and you should file a complaint with the Department of Labor. If your husband is ...
Not Paid For Hours Worked6/9/2010
  Q: I live in Dallas, TX, I was an Independent Contractor for a company out of Florida, on May 7, and ...
  A: The company needs to pay you for the time you worked. Since you are in Florida you will need to take ...
LOA Expense reimbursements6/9/2010
  Q: our Finance dept would like to stop reimbursing our home-based employees for cell phone and internet ...
  A: If the company requires the employee to have the service to be employed while they are active and ...
Compressed Work Schedules \ Human Resources6/9/2010
  Q: I work a compressed work schedule of 730 to 5 and 8 to 4 one day a week which gives me 82.5 hours in ...
  A: If you are hourly non exempt you should be paid overtime for all the hours over 40 in a week. This ...
Tipping Out in a Japanese Steakhouse-From a waitress's perspective6/8/2010
  Q: I am a waitress at a Japanese Steakhouse in North Carolina. We opened in September 2009 and I ...
  A: 50% is way too much to tip out to anyone. I would call the NC Department of Labor and speak to them ...
employment law6/8/2010
  Q: i was injured on the job and i returned back in feb but had to go back out because my injury was not ...
  A: You can get an attorney and fight it, but it would be expensive. They will claim a hardship. If ...
Texas PTO6/8/2010
  Q: Shirley, I have read conflicting information on this subject. Our business offers exempt employees ...
  A: Exempt employees must be paid for the whole day if they work any part of the day. If they are off a ...
FMLA issue?6/8/2010
  Q: If your company is making 12 hrs a day mandatory and your family physician has stated for you to ...
  A: Donna, This is a conflicting statement. If your doctor says you can return to work able to perform ...
PTO6/8/2010
  Q: I am starting with a new employer. They had a PTO policy where employees accrued time and could ...
  A: http://www.twc.state.tx.us/news/efte/vacation_and_sick_leave.html Above is the link to the Texas ...
employee vs. independent contractor?6/8/2010
  Q: I am a small salon owner, looking to take on another stylist part-time. My salon is located inside ...
  A: If you hire as an independent contractor you would have to let them work as one which means you ...
wrongful termination6/7/2010
  Q: Basically I was fired because I was covering a shift for someone and I had the wrong time to be in. ...
  A: You can be fired for being late and for not following company policy. In right to work states or ...
Time Clock Rounding up in S.C6/7/2010
  Q: My company says that our time clock has a 7 minute "window" from shift to shift. Our schedule is ...
  A: It is rounding to the nearest 15 minutes. If you check out at 4:07 you are paid for 4:00 if you ...
Refusal of Paycheck6/7/2010
  Q: Tomorrow is my payday. I was terminated on May 31, 2010. I worked 2 full weeks plus a Saturday. My ...
  A: Your paycheck can be paid when the normal time is for you to be paid depending on your state laws. ...
Confidential letter left in full view of staff6/5/2010
  Q: Recently I had a meeting with my supervisor, and the supervisor above them. I was told there would ...
  A: I would definately talk to HR about this and voice your concerns. If it did not contain medical ...
Compressed Work Schedules \ Human Resources6/5/2010
  Q: I work a compressed work schedule of 730 to 5 and 8 to 4 one day a week which gives me 82.5 hours in ...
  A: It is legal as long as you are paid overtime pay for the 2.5 hours. The employer may schedule you to ...
Absenteeism6/3/2010
  Q: I was recently given a verbal warning about being absent from work after staying home with my ...
  A: FMLA is unpaid leave to care for a sick child as well as for pregnancy. You need to ask to use FMLA ...
salary6/3/2010
  Q: If you are hired for a hourly position, can your employer make you go from hourly to salary? I have ...
  A: Your employer can reclassify your position as salaried. If they do so it must meet all the ...
Scheduling6/3/2010
  Q: I would like to know if there are any federal or perhaps a Montana state law that limits when ...
  A: Schedules are left up to the employer and not regulated by law. If your employer asks you to stay ...
FIRING AN EMPLOYEE6/2/2010
  Q: WE HAVE AN EMPLOYEE WHO WAS SCHEDULED TO WORK THURSDAY, FRIDAY, SATURDAY AND SUNDAY, THIS MEMORIAL ...
  A: Yes, you absolutely can fire her for not showing up to work. This is inexcuseable and does not have ...
unpaid wages/collection6/2/2010
  Q: I worked for a company and they never paid me.My question is after you file with the appropriate ...
  A: The state generally does not collect the funds for you. You win the judgement, but the state does ...
unpaid wages/collection6/2/2010
  Q: I worked for a company and they never paid me.My question is after you file with the appropriate ...
  A: Winning is easier than collecting. If you cannot collect than you will have to take the company to ...
FMLA and pay5/20/2010
  Q: My mother has cancer and I have to leave during the school day to attend to her therapy. I was ...
  A: If you are on FMLA than you only have to be paid for the time you actually work, even if you are ...
holiday pay5/20/2010
  Q: I work for target warehouse. We use to be able to bank or pay or holiday pay. we had a choice to ...
  A: The company is not mandated to pay you for time off on the holiday. They may wish to do so. If you ...
Overtime5/19/2010
  Q: the work hours are 6am - 6pm . one week I work Mon & Tue then Fri, Sat, Sun. the next week I work ...
  A: They can schedule you to work whatever hours they need you to work. If you refuse than yes you can ...
1099 employees5/19/2010
  Q: Are there states that condsider 1099 contractors as employees? And states that do not? Can you ...
  A: 1099 employees are not employees unless they are outside sales persons and all their time is spent ...
OVERTIME5/19/2010
  Q: I work for a telemarketing company as the front desk/ H.R. person. The company hires everyone as a ...
  A: I think you are misclassified and should be an employee. I would contact your local department of ...
Salaried Employee requirements5/18/2010
  Q: I was recently demoted with a pay decrease due to budgetary concerns. The owner, manager, and I sat ...
  A: If you are salaried exempt than the employer can change your schedule at will and you are paid the ...
Payroll5/18/2010
  Q: Here in Idaho, payments from the Medicaid system will be delayed from three to eight weeks during ...
  A: The FLSA (Fair Labor Standards Act ) says that all employees must be paid on their regular pay ...
Hourly employee not being paid for the hours worked.5/18/2010
  Q: I was hired at a yoga studio to be the office manager. I come in early, leave late and answer calls ...
  A: If you are truley a Salaried exempt employee than you must meet the exemption qualifications set out ...
salary vs hourly5/18/2010
  Q: Our company is an engineering firm; we have gone through some restructuring; the new president is ...
  A: Salaried and Hourly mean exempt and non exempt. If the employee is Salaried Exempt he is exempt from ...
pay roll taxes5/18/2010
  Q: the company i work for was paying all my taxes. i got a w2 at the end of the year. he was doing it ...
  A: In the state of Pennsylvania Your employer must give you a pay-stub each pay period which explains ...
pay roll taxes5/17/2010
  Q: the company i work for was paying all my taxes. i got a w2 at the end of the year. he was doing it ...
  A: He must pay overtime after 40 hours are worked. It is the law and if he is not doing so than contact ...
Exempt Salary Laws5/17/2010
  Q: I am an exempt salary employee in Michigan. My understanding is that as a salaried employee, I am ...
  A: Any employer can pay any employee hourly. There are no restrictions. Salaried employees have ...
Salaried Employee requirements5/16/2010
  Q: I was recently demoted with a pay decrease due to budgetary concerns. The owner, manager, and I sat ...
  A: No you do not, if you are an employee you must work whater jobs the employer give you to do, you are ...
pay roll taxes5/15/2010
  Q: the company i work for was paying all my taxes. i got a w2 at the end of the year. he was doing it ...
  A: You should pay your share of the taxes withheld from your wages and the company should pay their ...
Unfair Suspension5/14/2010
  Q: I work for a small rural hospital and a lady I work with was put on a 3 day suspension without pay ...
  A: Because others break the rules does not excuse one person. When that person is disciplined it is ...
pay docking5/14/2010
  Q: a couple weeks ago i broke a battery charger, today my boss gets mad at me and now is saying i owe ...
  A: Texas is a good place to work. The Texas Payday Law says: Sec. 61.018. DEDUCTION FROM WAGES. An ...
wage overpayment5/13/2010
  Q: My employer paid me more vacation time than I had available. HR submitted the vacation request to ...
  A: If they are reducing your wages by 5 hours than no tax is paid on those 5 hours. so you originally ...
Employee health insurance decuction for 1 day worked5/13/2010
  Q: I work for a company that has bimonthly payroll. So, we get one paycheck for 1st-15th of the month ...
  A: If the coverage is 500.00 a month and he is covered for the full month you could either take 250.00 ...
Vacation and Insurance elegability5/13/2010
  Q: I live in California. My wife's employer is based in Texas. They began to provides access to health ...
  A: In California vacation hours are considered wages. Her insurance should not be in jeopardy for ...
Vacation Pay5/12/2010
  Q: My employment anniversary is August 1st of each year. On August 1, 2010 I will accrue 3 weeks of ...
  A: The amount of vacation that you will be paid for if you terminate is dependent upon several factors. ...
overtime pay/timesheets5/12/2010
  Q: I recently worked some overtime. I asked the HR how much overtime did I have last week she responded ...
  A: This is not right for the company to do . The FLSA says that the employee must be paid for all time ...
Payday falls on a Saturday5/11/2010
  Q: I work in Virgina and my upcoming payday falls on the 15th which is a Saturday. Company says checks ...
  A: If payday is on the 15th you should be paid if the company office is open. You should be paid the ...
Workplace bullying5/10/2010
  Q: I am being bullyied at work and need to talk to someone who is knowledgeable. I finally reported it ...
  A: HR wishes you to document the cases you need person, time , date, and what the incident was about in ...
paycheck distribution5/10/2010
  Q: Today we send live paychecks to the location for employees. I want to start mailing them directly ...
  A: I think this would be fine, although there are some states such as California that would say all ...
Arizona payroll laws5/10/2010
  Q: I have a couple of Q's. 1st when is overtime implemented? 2nd if we p/u loads out of town and bring ...
  A: Overtime is implemented for hourly employees after 40 hours are worked in a week. If you are in ...
Reduction in Pay5/10/2010
  Q: Is it legal for an employer to arbitrarily reduce an hourly employee's pay AFTER the fact? I was ...
  A: Your pay can be reduced, but you are to be told before any work is performed under the new wages. It ...
disabilty rights5/8/2010
  Q: My husband was laid off in early February of this year along with a handful of other people. He ...
  A: I think that you should call your local department of labor and talk to them about it. They would be ...
Not getting paid5/7/2010
  Q: Can an employer with hold pay if I forget to clock out?
  A: No he cannot do this it is illegal. The Fair Labor Standards Act says you must be paid for all the ...
Privacy Rights5/7/2010
  Q: I was recently terminated from my job of 12 years. What are my privacy rights post employment? What ...
  A: The company cannot say anything about you that is not true and that they cannot back up with proof. ...
witholding a paycheck in nys to salaried employees,after the payperiods have already been established5/7/2010
  Q: Can an employer withhold a pay period of a paycheck(mind you we are bi-weekly), after the pay ...
  A: The employer can change pay dates and he can hold back a week pay and pay it when the employee ...
vacation time5/7/2010
  Q: My husband works for a large restaurant chain in Massachusetts that has its corporate office in ...
  A: The reason is they give the vacation days all at once in January than they can use them throughout ...
Pay cut, then refusal to reinstate pay as promised.5/7/2010
  Q: My girlfriend works for an advertising agency. In September of last year the agency lost a contract ...
  A: As long as she is being paid minimum wage if she is non exempt hourly or the appropriate salary for ...
work place has a go-home list5/6/2010
  Q: i work at a nurseing home...as a condition of my employmenti am required to report to work each day ...
  A: The Oregon rule requiring "show-up pay" or "adequate work" for adult workers was rescinded in 1990. ...
Accrual of Paid Time Off in California5/4/2010
  Q: My employer has a paid time off policy that combines monthly accrual (8 hours per month) with ...
  A: PTO is not mandated by the law in California. What the law says is if you give vacation or PTO than ...
Sick Time Paid at Termination5/3/2010
  Q: I am getting laid off by a large company, where I have 30 days of sick time I accumulated over 10 ...
  A: In Arizona it is not mandated that vacation pay or sick pay be paid upon termination. Unless your ...
Mandatory Meeting5/2/2010
  Q: I work in a hospital I came in to work Saturday (May 1) to find a memo (not legal not signed by ...
  A: You can go talk to your supervisor and see if the meeting can be taped for you so you can listen to ...
Refusing to pay Vacation Time5/1/2010
  Q: My wife recently left a company to work for another. She had accrued 51 hours of vacation while at ...
  A: Vacation pay does not have to be paid in most states. There are only a very few that consider it ...
Hourly Pay Compensation/Lunch Breaks4/30/2010
  Q: I am asking on behalf of my daughter, and our question is probably two-fold. First, my daughter was ...
  A: It can be verbal policy as well as written. It should have been explained to her when it was on her ...
Hourly Pay Compensation/Lunch Breaks4/30/2010
  Q: I am asking on behalf of my daughter, and our question is probably two-fold. First, my daughter was ...
  A: I will try and answer your questions. It is legal to cut hours, the schedule in internal workings ...
paid vacation in PA4/30/2010
  Q: I was scheduled (paperwork filled out and approved by HR) to go on a paid time off vacation for 5 ...
  A: The paper authorizing you to take 5 days vacation does not mean you will be paid for them if you are ...
Rounding under FLSA4/29/2010
  Q: Shirley. I am wondering if non-exempt employee work hours can be rounded based on the total for the ...
  A: I do not find anything wrong with this provided it is done the same for all employees and it is done ...
Exempt associates and timeclocks4/29/2010
  Q: Within the last five years, my company has implemented a time clock for all associates, exempt and ...
  A: If an exempt employee works all or part of a day than the full day must be paid. With that said the ...
Coerced Employee Agreement4/29/2010
  Q: Shirley, After being burned by two former employees, my employer has enacted an employee agreement, ...
  A: It is not legal or ethical. He cannot withhold you pay for this reason. He could have required it ...
hours between shifts4/29/2010
  Q: Can my supervisor schedule me on Sunday from 12pm to 8pm and then on Monday from 3am to 12pm. This ...
  A: With the exception of a few industry specific exceptions where there is a public safety factor ...
NJ Uniform Change4/29/2010
  Q: I work for a restaurant in New Jersey . In November 2009,they required us to change to a Red button ...
  A: Can an employer make a deduction for uniforms or uniform maintenance? A. No. The Law states "No ...
forced unpaid meal break for under 5 hours4/28/2010
  Q: I work for a retail company. Their labor laws state that they must give their employees a 30 minute ...
  A: The supervisor had you take the meal break because the law says it must. They did not know at that ...
deduct past missed days from current check w/no notice4/27/2010
  Q: I work in san francisco CA for a small firm and currently i have missed several days between my ...
  A: Your company with less than 10 employees would not qualify under FMLA. FMLA applies to all public ...
Sick time4/26/2010
  Q: I am a Registered Nurse at a hospital in Pa. I work 72 hr plan which allows full benefits, ...
  A: I understand your situation, however, the law says that the company sets it's work schedule, the ...
Ability to collect unemployment after quiting4/26/2010
  Q: com expert, In Jan. 2010 I put in a request to transfer within a company. At this time I was a full ...
  A: You can draw unemployment while working the shorter hour schedule. You would need to contact the ...
Employment issue4/22/2010
  Q: I've been working at my job for almost 2 years, in the office at a mine in Alberta Canada. I want to ...
  A: Sorry I did not connect that you were in Alberta , Canada, You would report this to Human Resources ...
Employment issue4/22/2010
  Q: I've been working at my job for almost 2 years, in the office at a mine in Alberta Canada. I want to ...
  A: Good for you for keeping track of the harrassment. You can file a claim with EEOC department of ...
"owed" vacation time being witheld after leaving employ at a private company4/22/2010
  Q: I would like to know if there is a law which guarantees a person their "two weeks paid vacation, ...
  A: Florida does not have a state law regarding vacation pay and there is no federal law regulating it ...
PTO Accrual/Max Payout4/22/2010
  Q: I am the only HR source our company has. We have had several terminations over the last year and ...
  A: http://www.dir.ca.gov/dlse/FAQ_Vacation.htm The page above will give you all the information you ...
Accrued vacation pay4/22/2010
  Q: I am currently employed in VA. I gave my two week's notice and my employer initially told me to ...
  A: The law does not require any employer to provide fringe benefits of any kind, such as vacation, ...
eliminate checks & require all EE's have Direct Deposit4/21/2010
  Q: I do Payroll for a small Engineering Firm in NY (33 employees) If I give my employees the choice to ...
  A: The employee must authorize the program, you cannot force them to go direct deposit or pay card if ...
Sexual Harassment4/20/2010
  Q: McAllister, I was accused of sexual harassment and terminated without getting a chance to defend ...
  A: Human Resources and Management should have conducted an internal investigation and let you know the ...
changing of time cards4/20/2010
  Q: I work for a company that changes our time cards so we only get paid for 8 hrs. So daily they make a ...
  A: This is not legal each employee should be paid for all the time that employee works. If it is more ...
Electronic Pay Statements4/20/2010
  Q: Which states require we, as an employer, obtain written consent to provide each employee with the ...
  A: The states all have different rules. ...some have no rules on this question. These say in writing ...
Employment issue4/20/2010
  Q: I've been working at my job for almost 2 years, in the office at a mine in Alberta Canada. I want to ...
  A: When you have the review you need to ask him then and there okay, what do I need to improve on? ...
lunch time break4/19/2010
  Q: I am scheduled for 1/2 hour lunch using ewfm system to monitor time on the clock. We have an option ...
  A: Personal time is not required by law. Personal time is given by the employer and the employer may ...
scheduled hours4/19/2010
  Q: I work for a restaurant and i have been scheduled to work at a certain time and when i get there ...
  A: Here are the rules for On call pay from the FLSA (Fair Labor Standards Act) You have to pay ...
part time/Vacation rights4/19/2010
  Q: Basically my spouse works part time and we planned a cruise and paid for it an air fair. Now they ...
  A: You should have checked with work and got the time off okayed before paying any money, no you cannot ...
scheduled hours4/17/2010
  Q: I work for a restaurant and i have been scheduled to work at a certain time and when i get there ...
  A: You should not be asked to wait to clock in. If you are at work you should be clocked in or sent ...
pay stub accuracy (Massachusetts)4/16/2010
  Q: every 2 weeks I get paid. My pay stub is online and is always incorrect. When I call my pay roll ...
  A: This is what is required on the pay statement in MA: Pay Slip, Check Stub, or Envelope showing : ...
Payday4/16/2010
  Q: I work at a School District and I quit to purse other job interests. Payday was the following week ...
  A: An Arizona employer must pay someone who has been terminated within three of the employees' working ...
suspension/lay off4/16/2010
  Q: I wanted to know if suspend and lay off have the same meaning? Also, if you get suspended can you ...
  A: Suspened and layed off are not the same. Layed off is when there is no work for you and you are sent ...
pay stub accuracy (Massachusetts)4/16/2010
  Q: every 2 weeks I get paid. My pay stub is online and is always incorrect. When I call my pay roll ...
  A: You will have to take that up with the company. The only thing that is required by most states on ...
commision pay4/16/2010
  Q: I work for a company that pays 100% straight commission. I receive w-2 not a 10-99. I made sales ...
  A: It is not legal to receive pay for work done whether you are an employee or commission salesman. If ...
pay stub accuracy (Massachusetts)4/16/2010
  Q: every 2 weeks I get paid. My pay stub is online and is always incorrect. When I call my pay roll ...
  A: If they are dealing with payrolls ending on different times it is quite common for the pay date to ...
7 Minute Rule4/15/2010
  Q: We clock in and out and our minutes are kept in 15 minute segments. The problem with this is that ...
  A: It is legal because it rounds to the nearest 15 minutes. 7 1/2 and 7 1/2 is 15. 7 minutes will round ...
time cards4/15/2010
  Q: Are time cards or time books to be kept confidential?
  A: Time and hours are not considered private information and there is no privacy law pertaining to ...
FMLA and ADA violations?4/15/2010
  Q: McAllister, I know your time is valuable and I would appreciate any guidance you could provide. I ...
  A: This is what I want you to do right now. Write a letter asking that the absences past and future ...
Signing bonus or not?4/15/2010
  Q: A friend just received became a licensed doctor in another state. She received a job offer from the ...
  A: It may be considered a bonus. I am not sure how it works in the medical field . I know that in the ...
Retaliation4/15/2010
  Q: As a retalitory act I was fired for failing "pre- em" drug test. Paradoxical. Given result form ...
  A: You have the right to request a second lab drug test if the first test is positive. If the 2nd test ...
EXPIRED PAYCHECKS4/15/2010
  Q: I saw an earlier post that expired paychecks have to be replaced if requested. I worked for a ...
  A: It depends on the time. Each state has Escheat laws which say if a paycheck or any other property is ...
PTO rates4/14/2010
  Q: During the last year I have accumulate X amount of hours of PTO while I was a salary employee which ...
  A: The rate that is paid for Vacation time would be up to your employer. Vacation time is a fringe ...
Electronic Time Processing4/14/2010
  Q: I was always told that we needed to have our time cards signed and verified as well as keeping a ...
  A: In the electronic age many things have changed. It is not cost effective or time effective to have ...
Legality of Job title/advert wording?4/14/2010
  Q: I am often perturbed by adverts such as these that I see on UK websites. Is the wording allowable? ...
  A: I think this would be discrimination. I would not print this ad. The young is age discriminatory, ...
non-payment for vacation earned4/13/2010
  Q: This is a little "outside the box". I was terminated (Texas) and have received salary owed but this ...
  A: Under the Texas Payday Law an employer is not required to offer fringe benefits such as vacation ...
employer not calling back4/13/2010
  Q: I live in Kansas and was laid-off in June 2009 from my job of 10+ years. I was a title clerk for a ...
  A: You do not have legal rights to be called back, this is entirely up to the company. You do have the ...
Forced use of PTO for mandated days off4/13/2010
  Q: I am an RN that works in a clinic/office setting. I am classified as an exempt employee who is ...
  A: PTO days are a fringe benefit given by the employer...they are not required by law. The employer has ...
Wrongful termination4/12/2010
  Q: My son was employed by a hospital in TN and went to his supervisors and told them he had a medical ...
  A: He needs to tell the company that he wants to be placed on leave under the FMLA (Family Medical ...
salary with bonus issue4/12/2010
  Q: i was hired on feb.27 2009 as a salaried manager at a furniture store in new jersey. when i was ...
  A: You will not find anything on this because the FLSA and other labor rules simply say that you must ...
Vacation Pay out4/11/2010
  Q: I worked for a company in Florida was laid off last week. I have accumulated vacation time. The ...
  A: They are only obligated to pay the vacation time if there is a policy saying it will be paid out ...
Paycheck withheld4/11/2010
  Q: I am a salaried employee working for a private school in California. I recently failed to turn in ...
  A: They did not pay you because there were no hours turned in to pay. That said, it is illegal for ...
over time pay labor laws4/8/2010
  Q: I am in NC. You said LONG Haul truck drivers/ are not covered under the FLSA. What about SHORT haul ...
  A: Truck Drivers both local and long haul are exempt from the overtime provisions in the FLSA (Fair ...
Lunch break4/7/2010
  Q: I work in Texas as a part time employee for a 501 c3, but I am expected to work 40 hours a week. I ...
  A: If you work through your lunch hour or part of it you should be paid for the time worked. It is not ...
Brain Cancer4/6/2010
  Q: I have a manager who gets paid both a small salary of $640 per two week pay period (for ...
  A: It is perfectly legal to allow an employee to do telecommuting and work from home. I do not see any ...
Pay Stub rules4/6/2010
  Q: Are employers required to itemize the hours worked or include a weekly or yearly hours total on a ...
  A: In California the pay statement (Stub) should contain the following information: Gross and net ...
change in pay schedule4/6/2010
  Q: I am in law enforcement and our contract states that we must be payed on a thursday or a friday. we ...
  A: You should not lose pay, you will be paid for all the hours you work. You may have a short week on ...
Sales - exempt labor laws4/6/2010
  Q: I am in outside sales and we have a local office in Houston. We are asked to stay till 5:00pm ...
  A: If a salaried exempt person works part of the day they must be paid for the whole day. It does not ...
overpayment of 2008 Social Security and Medicare taxes4/5/2010
  Q: I overpaid on my 2008 social security and medicare taxes. How and where on the 1040X do I correct ...
  A: To claim Excess social security and medicare withholding attach to the front of 1040X any additional ...
saleried position4/4/2010
  Q: Hi I am a salaried manager at a restaurant I am suppose to work 50 hours a week I can work over 50 ...
  A: This is not legal for them to do. If you are salaried exempt and not eligible for overtime than your ...
Time cards and meal breaks4/4/2010
  Q: Can an employer deduct a 30 meal break from an employee - if they have not clocked out but the ...
  A: If you do not take it and worked than you should be paid the time for working during your meal ...
Drug testing4/2/2010
  Q: I'm not sure if you received this question the first time. Random drug screens if a problem such as ...
  A: Drug Testing is a policy set by your company. The rules that must be complied with are that it is ...
schedulre changes without notice4/2/2010
  Q: It has come to my attention that my son's employer has been changing the work schedule almost on a ...
  A: There is no specific law addressing schedule changes. Those are the internal workings of the company ...
Full time employees4/2/2010
  Q: In the state of TN, if someone is a full time employee, do they have to be scheduled a minimum of 40 ...
  A: Full time employee is generally 30 hours a week or more and part time is generall 20 hours a week ...
Vacation & Sick Time4/2/2010
  Q: I work for a hospital in Illinois and I am not happy about the changes in Sick Time and ...
  A: Vacation Pay, Sick Pay they are fringe benefits given to the employee by the employer. They are not ...
working 12 hrs day 7 days a week4/1/2010
  Q: i work for a big plant mind you its with the union. Now we have a contract that stats with the union ...
  A: It depends on which state you are in and what your union contract says about breaks. If your union ...
reduction in pay4/1/2010
  Q: I work for a pool service in southwest Fl. I was recently giving a pay reduction for a minor mistake ...
  A: That is correct. Holiday pay does not count toward overtime. Only worked time counts toward ...
only one dept has to punch in3/31/2010
  Q: last summer the gov't orginization I work for installed Novatime. We hourly non-exempt employees are ...
  A: No there are no laws broken here. It is not illegal for the company to try out a new system in one ...
Salary vs. Hourly3/31/2010
  Q: My employer and I agreed to a salaried position when I was hired. When I work 40 hours or more per ...
  A: It is not legal. You are either salaried exempt or you are hourly non exempt you cannot be both and ...
only one dept has to punch in3/31/2010
  Q: last summer the gov't orginization I work for installed Novatime. We hourly non-exempt employees are ...
  A: All non exempt hourly employees should be punching in and out. Salaried exempt are not required to ...
reduction in pay3/30/2010
  Q: I work for a pool service in southwest Fl. I was recently giving a pay reduction for a minor mistake ...
  A: Companies are allowed to cut or raise pay as they see fit to run their business. The payroll rules ...
monthly bonus based on gross receipts3/30/2010
  Q: I work for a auto dealership parts department. When we did inventory it was off by ~$100,000.00. ...
  A: If inventory is off than yes it does affect the bottom line which is gross profit and yes if you are ...
Labor laws3/30/2010
  Q: I work for a company that provides homes and programs for adults with disabilities. There are many ...
  A: It is legal for the company to ask an employee to do any job that is available as long as it does ...
benefits3/29/2010
  Q: By law is it required to maintain "full time" hours to receive and maintain health benefits? ...
  A: Most insurance companies require an employee to work at least 30 hours a week to be eligible for ...
mandatory meetings3/28/2010
  Q: Can employers really require you to attend meetings on your off day? Can you be fired for missing a ...
  A: Yes an employer may require you to attend a meeting on your day off. If you are hourly than you must ...
employment law3/28/2010
  Q: Construction Scenario: Mei-Lin is the hiring manager for Surebuild, Inc., a new construction ...
  A: First off with Michelle they must acknowledge her experience and note that she has a high school ...
tip pooling3/27/2010
  Q: Is there a North Carolina law that states how much of a servers tips are required to be given to ...
  A: You are correct. For employers who have “tipped employees,” there will also be a change in the ...
1099 Employees3/27/2010
  Q: if a business has been operating (an alarm monitoring business) and hired telemarketers, wiring ...
  A: Not generally, although that would be for your state to decide as that is a state law. If you are ...
recovering unpaid wages3/26/2010
  Q: I was working for a company for the past 3 years, I was working without pay with the promise from ...
  A: This is definately something you will have to fight out in court. Since you were never an employee ...
VACTIONS BENEFITS3/26/2010
  Q: I work in WISCONSIN for a large company and have been there about three years. I am paid by the ...
  A: VACATION Employers are not required by Wisconsin law to grant vacations to their workers, whether ...
overtime pay3/26/2010
  Q: I work at a retail store and usually work 35 hours a week. We are paid biweekly and our paycheck ...
  A: The law which is federal is the FLSA and it says all hours over 40 hours in one week must be paid ...
Hostile Work ENviroment3/25/2010
  Q: I complained about my immediate supervisor being abrupt aggressive and hostile. The remedy was to ...
  A: Generally the government does not get involved in internal workings of a company, it is left up to ...
Exempt Employee3/25/2010
  Q: I am a contract employee for a goverment agency; and am listed as an exempt employee. However; when ...
  A: State laws would not come into play, these are federal requirements and they are more department of ...
Exempt Employee3/25/2010
  Q: I am a contract employee for a goverment agency; and am listed as an exempt employee. However; when ...
  A: A salaried employee must be paid their salary even if they only work part of a day, this is ...
exempt employee shifts-California3/25/2010
  Q: Does an employer have the right to establish a specific minimum number of hours per day that exempt ...
  A: This is a hard one to answer. The law says that salaried employees must be paid for the whole day if ...
Deducting from paycheck3/25/2010
  Q: I work as a bartender in upstate NY. If my drawer is short is it legal for my manager to make me pay ...
  A: This is illegal and if it is done than you should file a claim for unpaid wages for the amounts ...
Docking pay for forgetting to clock in3/25/2010
  Q: Is it legal in Georgia for an employer to dock 1/2 hour of pay just because an employee forgot to ...
  A: This is not correct, time cannot be deducted for a disciplinary or retaliation means. The employer ...
tipped employees3/25/2010
  Q: I know that I have to make up wages when a tipped employee does not make minimum wage for the week. ...
  A: You have to make their salary minimum wage so you would have to change the hourly amount to make it ...
Payroll error3/24/2010
  Q: My employer used to pay me once a month, then decided to pay semi-monthly, but the payroll company ...
  A: You will be held responsible for your taxes because you are responsible for making sure they are ...
Yearly COLA unpaid.3/23/2010
  Q: I work as an exempt medical professional at a hospital. I am at the top of the pay scale for my ...
  A: This does not sound fair to me, however, there are no government rules that pertain to bonus ...
1099 Employees and HR functions3/23/2010
  Q: Shirlye: I have just left you a VM on your office line. I have come across your contact info on the ...
  A: Employees are not 1099. If the contractor is paid on a 1099 he is an independent contractor and not ...
FMLA leave3/23/2010
  Q: We live in nc and my wife had a severe knee problem that she was trying to get help for they ...
  A: Steven, Sorry but this is done up North also. I am in Idaho...I have seen it done here. I don't ...
Bonus pay3/22/2010
  Q: We are a property management company that pays our managers a salary and a discretionary monthly ...
  A: Generally not turning in paperwork is not an excuse not to pay wages to an employee. You must pay ...
Small Business Payroll3/22/2010
  Q: State of Wisconsin small construction business can not make payroll for employees that worked 40 ...
  A: Wisconsin Labor Standards a Division of the Wisconsin Department of Labor handles claims for non ...
Salary Employee Payroll3/22/2010
  Q: We have a small company of 16 employees, half of which are salaried workers. We are located in ...
  A: Hourly do not get paid if they miss work. Salaried are different. Salaried exempt must be paid ...
Time sheet and overtime3/22/2010
  Q: I work at a medical facility, were some time I work from 24 to 48 hours straight. Do you know how ...
  A: They must be kept 3 years for the federal government FLSA rules for the inspection of the Federal ...
exempt employee shifts-California3/21/2010
  Q: Does an employer have the right to establish a specific minimum number of hours per day that exempt ...
  A: If they do this than the exemption could be lost and the employee would become and hourly employee ...
PTO discrepancy3/20/2010
  Q: I am a salaried employee in California who was recently advised that our PTO hours indicated on our ...
  A: You can ask them to give you a summary of hours you have earned and hours you have used. You know ...
hourly employee rights3/20/2010
  Q: MY FAMILY OWNS A SMALL BUSINESS IN TEXAS AND HAVE ONLY HAD A COUPLE EMPLOYEES, BUT THEY HAVE ALL ...
  A: No you are not required to pay an hourly employee for sick pay, holidays, paid luch hour. If you are ...
Denied pay raise, being written up without knowledge3/20/2010
  Q: Dr. Mac said I should pose this question to you....Thank you in advance. My husband started his ...
  A: Unfortunately raises are not covered by law. The law simply states that the employee must be paid at ...
Background check3/19/2010
  Q: The following is rather lengthy, I'll understand if you choose not to address it. But, I believe it ...
  A: John, In most instances the company HR will only give out the dates you worked and the position you ...
payroll3/19/2010
  Q: I placed a two weeks notice and worked for the two weeks, utilizing some vacation and pto left from ...
  A: If your policy states that you have to work the year to earn vacation than this is legal. It is all ...
Tipped servers doing untipped work3/19/2010
  Q: I know similar questions have been asked before, but I found none that have the exact same ...
  A: If the employees earning 2.15 an hour do not earn enough to make minimum wage than he has to bump ...
Rif3/18/2010
  Q: My organization will be going through a RIF process soon. I hold one of 7 positions that will be ...
  A: Yes it can be if all employees in the unit are treated the same. Discrimination can not be for ...
health insurance3/18/2010
  Q: Does health insurance make annual pay(salary) decrease on W2? Or does it only effect your net pay?
  A: If it is health insurance through a Cafeteria 125 salary reduction plan it is pretaxed and it ...
exempt employee schedule3/18/2010
  Q: I am classified as an exempt salaried retail manager in texas. All managers have been given a strict ...
  A: It sounds to me like you are being paid as an exempt employee but treated like a non exempt ...
withholding of wages only non christian in co.3/17/2010
  Q: on friday i went in the office with the other employees, the boss was not there, we all put our time ...
  A: The company is obligated to pay the employees whether or not there is a timesheet. They must take ...
SALARIED AND TIPS3/17/2010
  Q: I'm a salaried GM of a small restaurant. Do to the economy I've had to cut staff and now I ...
  A: If you get your full salary than the tips are supplemental income and you claim them on your taxes ...
breaks3/17/2010
  Q: I work in pa but our corporate headquarters is in florida. I work in the payroll dept at a call ...
  A: Pennsylvania laws would govern because you work in Pennsylvania. Pennsylvania employers are ...
Paychecks not handed out on time3/17/2010
  Q: I'm a part-time salaried employee for a marketing company. I've been working at this company for ...
  A: Paychecks are supposed to be paid on payday. It is probably not a big deal if there is an emergency ...
Right to paid hour?3/17/2010
  Q: I live in New Brunswick and work a 10 hour day with no breaks and no lunch.....should I be getting ...
  A: No you are not paid 11 hours for no lunch or breaks. If you work through your lunch you are paid for ...
Giving back Tip?3/16/2010
  Q: I had an minor altercation with a table I was serving (as a waiter). They complained to a manager. ...
  A: This does not sound fair to me, but if the customer requested it back or had a problem with your ...
Unemployment3/16/2010
  Q: My wife got laid off two month ago . so far she is receiving unemployment . She had managed to get ...
  A: She can receive unemployment until her amount runs out or her claim runs out. If she works 6 months ...
Required Unpaid Time Off (Michigan)3/16/2010
  Q: My employer recently announced that everyone in the company, salaried and hourly, must take a ...
  A: You would not be eligible for unemployment if you were off only 1 day a week in most states. You ...
Payroll Laws3/15/2010
  Q: The company I work for outsources our payroll to another company. The payroll company has made ...
  A: Most people do not have a contract with their payroll vendor. They do payroll and in exchange they ...
Payroll error-Laws on corrections3/14/2010
  Q: Is there a law or guideline on correcting payroll errors? For instance--5 hours of OT wasn't paid ...
  A: Tennessee Wage Regulation Act Title 50–2–103 requires employers of private employments of 5 or more ...
Not taking a lunch and it being deducted from my check3/14/2010
  Q: I am a dispatcher for a small satellite installer office in Nashville, TN. A lot of days I work ...
  A: You must keep records of all the hours worked or have a copy of a timesheet. Put the hours on a ...
Timecards and office protocol3/14/2010
  Q: I currently work as an outside exempt sales rep. in NC. I am required to punch a time clock. My ...
  A: Exempt are not paid overtime, they are exempt from the Fair Labor Standards Act. That is why they ...
Giving back Tip?3/14/2010
  Q: I had an minor altercation with a table I was serving (as a waiter). They complained to a manager. ...
  A: If the tip was handed to you personally and he took it out of your hands than he could not do that. ...
Unemployment3/13/2010
  Q: It is hard for me to tell you my story without using names, so I am going to use some fake names to ...
  A: What you will need to do is ask for an appeal hearing. At the appeal hearing exp;ain to the ...
Consecutive days off3/12/2010
  Q: In Colorado, is there a law that entitles employees to have 2 consecutive days off? or can the ...
  A: Colorado is an at will state. The employer does not have to give any days off and can ask you to ...
disability3/12/2010
  Q: My question in a nutshell. I am a RN. I have worked at this hospital for over 10 years. Had ...
  A: This stinks of age discrimination. I think this is not right and it is a way to force you to retire ...
PTO3/12/2010
  Q: I work in Iowa and our company has a PTO policy. Can the compnay require me to take a set amount of ...
  A: PTO time is a fringe benefit given to you by the company. It is not a law that the company has to ...
exempt employee lunch break3/12/2010
  Q: I am doing some research on exempt employees time off, and have some questions. In Texas, is it ...
  A: The Texas Payday Law does not address the issue of rest breaks or meal breaks. There is no current ...
Mandatory Texas Uniforms3/12/2010
  Q: If an employer requires a uniform in Texas, do they have to pay for 50% of that cost? ANSWER: ...
  A: No they do not have to pay 50% of the cost. These are regular clothes that can be worn anywhere and ...
Mandatory Texas Uniforms3/12/2010
  Q: If an employer requires a uniform in Texas, do they have to pay for 50% of that cost?
  A: 30c12 Cost of furnishing and maintaining uniforms. (a) Where uniforms are required by law, employer, ...
Expense Check3/12/2010
  Q: I live in Oregon and my husband's company has told him that he has to have his own credit card to ...
  A: I would suggest you refuse to use your credit card. You can also cancel your credit card and tell ...
severance payments3/11/2010
  Q: I have recently been informed that I will be laid off from my job. My company has offered me four ...
  A: It sounds pretty good to me since they only have to pay two months according to your employment ...
Are hourly employees compensated if employers don't use a timeclock?3/11/2010
  Q: I was recently fired from a job because my "personality didn't fit with the office." I'm guessing ...
  A: If you can substantiate the hours you worked over 8 hours and have proof you can file a claim for ...
Working 2 jobs but getting paid for one3/11/2010
  Q: My husband works for a local city/county entity. He was hired 3 years ago for one position and last ...
  A: unfortunately in our time of economic crisis this is happening at many companies. There are fewer ...
final check3/11/2010
  Q: I worked for petco for about 5 months and enrolled in the direct deposit program since the ...
  A: Usually a final check is a regular paper check, but if you request the company direct deposit it ...
baby sitter3/11/2010
  Q: I fired my babysitter today. Right after I told her she said she was putting in her two week notice. ...
  A: You do not have to pay her whether or not a contract is signed because you fired her before she put ...
Exempt Employee3/11/2010
  Q: If an exempt employee requested a vacation for a two week but he/she does not have enough accrued ...
  A: If an exempt salaried employee is off two weeks on vacation they should not work any time during ...
Inclimate weather and payment3/10/2010
  Q: Our workplace is open 7 days a week. During January 2010 we had a heavy snowfall occur on a Friday. ...
  A: The company sets the policy for the workweek length. The workweek for non exempt is 40 hours and ...
Work for No Pay3/10/2010
  Q: Last year I was an assistant professor of English at the University of Pittsburgh at Bradford. I was ...
  A: I don't know what the state policy is on educational institutions they sometimes have rules that are ...
timecard entries3/10/2010
  Q: When completing a time card is there a grace period for timely entering of time. For example If I ...
  A: I have not worked on this system as you have described. Everywhere I have worked and in our company ...
Deduction of hours from Salaried pay3/10/2010
  Q: I am a Salaried employee and my pay is based on a 40 hour work week. Our company handbook does not ...
  A: If you are salaried exempt you must be paid for the whole day if you work part of the day. You can ...
Hourly Retail Employee (NJ)3/10/2010
  Q: McAllister, My weekly timesheet has been tampered with by my supervisor more than once. I have ...
  A: The Department of labor will enforce this. If you contact them they will see that you are paid for ...
changes in time cards3/10/2010
  Q: Recently I have noticed changes made to my electronic timecard. I have access to view timecards as I ...
  A: If the changes are made to avoid paying overtime it is a violation of the FLSA. The only changes ...
Final Paycheck: Texas3/10/2010
  Q: I was in the process of moving when I was terminated and had been receiving my paychecks via direct ...
  A: Usually the finance department will wait until the bank statement is received to see if the check ...
Min. hours for salaried employees3/9/2010
  Q: I work in Massachusetts as a salaried employee (exempt - professional). Is there a minimum of hours ...
  A: If salaried exempt employees work a partial day they must be paid for the entire day and cannot be ...
Write Up & Weight3/9/2010
  Q: Over a couple of months I started working with this retail company. All of a sudden I am getting ...
  A: If you do not know why you are being written up than ask and if you do not agree with it and feel ...
Quarter bonus3/9/2010
  Q: At my job I make a bonus every three months based off of sales and leases. I have pretty much just ...
  A: Bonus's are not covered by law this is left up to the company to decide. The company usually ...
Virginia law on job abandonment3/8/2010
  Q: According to Virginia law what is concidered job abandonment? My mom's employer is requiring her to ...
  A: Typically this is when you miss work for a consecutive amount of days without calling or giving any ...
cutting wages3/8/2010
  Q: Is an employer aloud to come to you and say that corporate made a mistake, and has been paying you ...
  A: No you cannot collect unemployment if your wages are being garnished and you are being paid minimum ...
Salary pay cut3/7/2010
  Q: My husband is a salaried management employee for about 2 1/2 years with his company. He was given ...
  A: This is not legal to do. It is legal for the company to cut pay as long as he still receives ...
Scheduling/Get it in writing!3/6/2010
  Q: I work a mid shift and my start and stop time was designated in writing 2 p.m. until 10 p.m. or ...
  A: Yes it is legal for the company to change your schedule. Because you are started at a specific time ...
cutting wages3/6/2010
  Q: Is an employer aloud to come to you and say that corporate made a mistake, and has been paying you ...
  A: If it is a mistake than they can recoup the amount overpaid, but they must pay you at least minimum ...
Travel pay3/5/2010
  Q: I'm a RN department manager at a hospital in NY, reporting to a VP. My employment contract clearly ...
  A: Salaried exempt employees are paid an annual salary for a job and not paid by the hour. Hours do not ...
Withholding from Employee Paycheck3/5/2010
  Q: Ms. McAlister, I saw your online response to a query concerning this subject, which is reproduced ...
  A: Under Tennessee law deductions can only be taken out of pay if the employee has authorized it by a ...
flex time laws in Michigan3/5/2010
  Q: Does Michigan have any laws about salaried employees that cover flex-time? Flex-time being defined ...
  A: It is not illegal for salaried employees to be asked to use a time clock, this is legal. Flex time ...
Combination propane tank storage/fire exit/employee smoking area3/5/2010
  Q: I work at a department store in the state of Pennsylvania. One of the fire exits in my store opens ...
  A: You need to call and talk to the OSHA department . They are the ones that enforce safety violations. ...
Exempt Hourly3/5/2010
  Q: I recently found out after being told that I was salaried for 9 months that I am actually exempt- ...
  A: There is no such thing as exempt hourly. This classification does not exist. You are either Exempt ...
Performance Reviews what is given and what can be given3/5/2010
  Q: I have a question regarding performance reviews. I did not know if there are any type of laws about ...
  A: There are no laws concerning performance reviews, they are a company process and not mandated or ...
Time clock Rounding3/5/2010
  Q: I work for a large company. I understand that time clock rounding is allowed. I have seen daily ...
  A: Rounding should be done all the times you check in and out if they are using a rounding system. You ...
Unpaid vacation pay3/5/2010
  Q: I submitted a termination letter to my employer in Indiana today. Because my new employer needed me ...
  A: Vacation time is considered a fringe benefit and is up to the discretion of the employer. This is ...
paychecks being held3/4/2010
  Q: My employer is threatening to hold back two employees checks back due to a discrepancy in their ...
  A: They cannot hold back paychecks for this reason if the person comes and wants their check they must ...
time clock deductions in pay3/4/2010
  Q: In Ohio my employer deducts one hour pay if you are one minute late in punching in at the time ...
  A: It is not legal to deduct 1 hour pay for being 1 minute late. He can deduct to the nearest 10 ...
Michigan withholding paychecks3/4/2010
  Q: I am a salary employee in Michigan. My employer is now 3 weeks behind giving me a paycheck stating ...
  A: If you are not paid you can file for unemployment if you quit for this reason as you cannot be ...
401K termination3/3/2010
  Q: My employer (a management company) recently notified the employees that they were no longer ...
  A: http://www.dol.gov/ebsa/ http://www.dol.gov/dol/topic/retirement/complianceassist.htm The above ...
10993/2/2010
  Q: I'm currently working for a real state company in California. About a few weeks ago i received my ...
  A: That is a good question. Either they misclassified you as an independent contractor which is wrong ...
401K termination3/2/2010
  Q: My employer (a management company) recently notified the employees that they were no longer ...
  A: An employer can dissolve and close a 401K plan. You do not have to say you were terminated. They ...
travel time3/1/2010
  Q: I work as an insurance adjuster out of my home. I am an employee of a large insurance company. The ...
  A: I would think that if your home is your office that would be your starting and ending location for ...
punch clock3/1/2010
  Q: Is it legal to require exempt/salaried employees to punch in and punch out using a computerized ...
  A: It is not illegal to require exempt employees to punch in and out, this is done often. What is ...
DEDUCTING PAID SICK DAYS PAID IN ADVANCE3/1/2010
  Q: CAN I DEDUCT PAID OUT SICK DAYS FROM EMPLOYEES LAST CHECK. THEY WERE NOT EARNED WHEN EMPLOYEE QUIT.
  A: In most states you cannot deduct these types of things from a final payroll check. I would have to ...
Exempt - charged PTO for Absence3/1/2010
  Q: I worked 3 hrs on a Monday, and 4 hours on a Tuesday. Left early each day sick. I was charged 5 ...
  A: First of all PTO is a fringe benefit, it is not mandated by law. The company give it and they have ...
is that law require every 4 hours will have a paid 15mins break time?3/1/2010
  Q: BC. I would like to know if that is law require for every 4 hours will have one 15 mins PAID break? ...
  A: Your boss has to give you a meal break of at least 30 minutes after you work 5 hours in a row. If ...
unlawful detention2/28/2010
  Q: Illinois law. I work for a company that docks all employees 1/2 hour for lunch breaks. Management ...
  A: The company does not have to allow you to leave for 30 minute lunch, but all duties do have to be ...
Declaring tips on sales2/28/2010
  Q: I'm a bartender at a Indian casino. As of Sept. of 09, our employer is declaring 21.7% of our total ...
  A: This is not legal to do under U.S. Employment Laws. I don't know if the Indian Casinos have to obey ...
Re-issue pay stub2/27/2010
  Q: I live and work in AZ and just finished my third year at a seasonal in a mall store location. When ...
  A: There is no law forcing him to replace a lot pay stub. You must receive the original pay stub , ...
Unpaid Wages2/26/2010
  Q: I am a server and my job always manually changes the hours in the computer. They clock us in 30 ...
  A: You would need some type of proof of the wages that were unpaid or their would be no way of knowing ...
Pay on time2/26/2010
  Q: My husband is supposed to receive his paycheck every other Friday. They do not offer direct deposit. ...
  A: Legally they are to pay him on Friday. They can pay him anytime up to closing time for the business ...
Unpaid Wages2/26/2010
  Q: I am a server and my job always manually changes the hours in the computer. They clock us in 30 ...
  A: Under Florida law, prior and current employees are entitled to make a claim for unpaid hourly wages. ...
Unpaid Wages2/26/2010
  Q: I am a server and my job always manually changes the hours in the computer. They clock us in 30 ...
  A: This is very illegal, highly unethical and just stealing from the employee. You need to take the ...
Over worked?2/26/2010
  Q: McAllister, My boyfriend and I both started working for the same corporation about two years ago. ...
  A: Unfortuately there are no laws that protect salaried exempt employees. If he is doing work that is ...
Winter Storms/Bad Roads/Threaten BE Fire2/26/2010
  Q: Due to the extreme winter weather lately, WV has been hit hard with snow. Many of us at our work ...
  A: If the snow is so bad it threatens lives to come to work than the company should just shut down and ...
child support payroll2/25/2010
  Q: Should the state place a responsibility on businesses to help solve social problems, such as ...
  A: The company is legally responsible to comply with court orders for child support withholding ...
time cards2/25/2010
  Q: Can an employer legally not pay you if you have not clocked in properly and you have let them know ...
  A: In this situation you should email your supervisor of the mistake and copy payroll. Keep a copy of ...
Labor Laws- Travel Time2/25/2010
  Q: I work for a marketing company, and we have to travel to a different city today. I was told that i ...
  A: You must be paid for travel time which cuts into your regularly scheduled day. If you work 8 to 5 ...
pay structure change2/24/2010
  Q: I work for a large retail fashion company as sales person. I have been with the company over 5 ...
  A: I think that you would be eligible for unemployment , however, I do not work with commissions. I ...
Pay dates and withholding checks2/24/2010
  Q: I work for a small office in Pennsylvania and we get paid on the 15th and last day of the month. ...
  A: Pennsylvania does not address this in their pay rules and regulations. If your regular designated ...
Payroll Bounced2/24/2010
  Q: I do the accounting at a small company. Our payroll was approved and then processed through a ...
  A: In this case I would probably seek advice from your local Department of Labor. You will need to ...
Payroll Bounced2/24/2010
  Q: I do the accounting at a small company. Our payroll was approved and then processed through a ...
  A: If you are where you can take them to the company I would take them and make someone sign for them. ...
California laws pertaining to exempt workers2/24/2010
  Q: I'm an exempt worker in California. Recently my supervisor had mentioned that the office will close ...
  A: If there is a bonafide PTO system in place at your company and you accrue PTO it may be used to pay ...
Check Stubs2/23/2010
  Q: Our company just came out with notification that from now on they will not be providing a paper ...
  A: In Iowa it says that you are to be paid with cash or check unless you agree to another method os ...
timeclocks and signing in and out for shifts2/23/2010
  Q: Is it good practice to have employees both clock in and out using a timekeeping system and sign in ...
  A: The timeclock is going to be the official document. An argument could be made that it took that long ...
Exempt Salary - Texas2/23/2010
  Q: According to my employment description, I am considered to be an Exempt Employee. But According to ...
  A: Salaried employees do not work by the hour. Hours do not mean anything. Salaried employees work for ...
Employer approving your plans to go out of town on your day off2/23/2010
  Q: Recently I was scheduled off for a weekend. Me and my employer had discussed that I needed to have ...
  A: It is not right for your employer to expect you to be on call on your days off. It is not right to ...
timeclocks and signing in and out for shifts2/22/2010
  Q: Is it good practice to have employees both clock in and out using a timekeeping system and sign in ...
  A: It is good practice to have a clock in and out system, but a hand written system also works. There ...
Incorrect Vacation on paystub-Texas2/22/2010
  Q: We use quickbooks timesheets for our payroll system. If it was entered incorrectly on how much time ...
  A: The reason you could not find anything is because in Texas vacation time is a fringe benefit. They ...
Incorrect Vacation on paystub-Texas2/22/2010
  Q: We use quickbooks timesheets for our payroll system. If it was entered incorrectly on how much time ...
  A: What I would do is send a notice out with the stub that has the corrected time on it and let ...
salary being compensated2/22/2010
  Q: I work in alabama in nursing home. i am paid salary and i was wondering what the law states about ...
  A: Salaried exempt employees are exempt from the overtime law and they are not eligible for overtime. ...
time sheets2/22/2010
  Q: Texas and I gather time from field hourly employees weekly from a daily time sheet and enter into a ...
  A: The hourly employees should sign the timesheet to authorize the amount they worked is correct. If ...
Wage cut2/22/2010
  Q: My son works as a chef in Texas, he basically manages the restaurant and is on salary. One of the ...
  A: It is legal to cut wages. He should be told about the pay cut before he works any time on the new ...
rounding up docked pay for punching in late MI2/22/2010
  Q: Our time cards are punched in on a specified time clock. Recently the HR department has changed the ...
  A: They can round time, but it must not be less than to the nearest 10 minutes or the nearest 15 ...
PTO and Consecutive work day Questions2/21/2010
  Q: I work in a MT hospital protected under a bargaining unit. I work in a “Trial job” that has yet to ...
  A: PTO time is a fringe benefit, it is not mandated by law and the company does not have to pay PTO at ...
reduced weekly hours2/20/2010
  Q: recently our department has been having their hours cut two weeks out of the month. My question is, ...
  A: The company decides whose hours to cut, however, they must be careful not to discriminate against ...
No Lunch Break wrking 9-12 hrs per day2/20/2010
  Q: I worked anywhere from 10-12 hrs per day M-F, however, I was told by my direct Supervisor as well as ...
  A: No the employer cannot deny only one employee a lunch break. This is discrimination. The employer is ...
COMP TIME2/20/2010
  Q: I am a Community Manager for Homeowners Associations. I work in the office Mon-Fri, and I have ...
  A: Salaried employees are exempt from overtime. They are exempt from the FLSA (Fair Labor Standards ...
Administrative Leave for an At will employee2/20/2010
  Q: My sister was placed on administrative leave due to directions she received from her boss. She is an ...
  A: She should find out the exact reason she is on administrative leave and how to correct the problem ...
Pay for sick leave2/19/2010
  Q: I am an hourly employee in Missouri. I have accrued over 40 hours in sick leave through my employer. ...
  A: He does not have to pay you for a full day of sick pay if you have 38 hours he only has to pay sick ...
Retaliation for asking questions/being sick2/19/2010
  Q: I live in California and work part time for a local restaurant. I have worked as a server for ...
  A: I would call corporate again and talk to them, if that does no good than call and talk to your local ...
Hand Written Timecards2/19/2010
  Q: Our company currently uses REDIFORM 4K409 timecards. In addition we need a timecard that would have ...
  A: We made our own in Excel. It worked for us until we got a time and attendence system. I still use ...
Mandatory Uniforms2/19/2010
  Q: I have a question. Like the previous Mandatory Uniforms inquires, I live in Indiana. My company just ...
  A: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's ...
LUNCH BREAKS2/19/2010
  Q: I WORK IN A SHOP,IN THE STATE OF TEXAS,THE COMPANY I WORK FOR NOTIFIDE US THAT ALL EMPLOYEES WILL ...
  A: The company is forcing you to take a lunch break. This is probably because the state regulations say ...
screwy pay system/methods2/18/2010
  Q: the company i recently worked for had this weird way of paying people....i live in pa and they are ...
  A: It is being done correctly. They are paying you one rate for working in the store, a different rate ...
6 hr lunch2/18/2010
  Q: i work at a job that is union, and my question is, If you are scheduled to work 6 hrs do u have to ...
  A: If you work 6 hours you are usually required to take an lunch and the reason is because the laws for ...
Unemployment Appeal for GA2/18/2010
  Q: The company I am working for wanted me to switch my employment status from a W-4 employee to an ...
  A: If they put down on their paperwork that you resigned you will not be allowed to draw unemployment ...
Vacation Benefits2/18/2010
  Q: I work for a company that provides services exclusively to the pharmaceutical industry. Most of ...
  A: First of all the company is not mandated to pay vacation time. If they do pay it than it is a fringe ...
Sick Leave2/17/2010
  Q: After an employee exhausts their "sick time allotment" can we require them to use their "vacation ...
  A: If they have sick leave to use banked and they are sick than it can be used. You need to change ...
Time Sheet2/17/2010
  Q: I just found out that our Payroll clerk has been processing payroll without the employees signing ...
  A: They should be signed by the employee that they are correct. If they are not correct than and ...
leaving work premises in Utah while on the clock2/17/2010
  Q: My question is similar to one you previously asked and got an answer to. I want to make it clear to ...
  A: If the employee leaves the premises they need to clock out. If you allow them to stay clocked in ...
MO Salaried Overtime/On-Call Laws2/17/2010
  Q: In Missouri, are there any laws about what is acceptable for an employer to demand for hours outside ...
  A: There are no laws state or federal that limit the amount of time a salaried exempt employee may be ...
VACATION PAY2/17/2010
  Q: I WORKED FOR A MICHIGAN COMPANY. I WAS LAID OFF(BUT WILL NEVER BE RECALLED) I HAD 80 HOURS ON ...
  A: http://www.michigan.gov/dleg/0,1607,7-154-27673_27856-39056--,00.html Michigan does have a law for ...
Employer didn't pay taxes. Now wants to issue 1099 and send a compensation check.2/16/2010
  Q: My old employer withheld taxes for wages earned last year. However, they did not actually pay those ...
  A: This is not legal to be done. You were an employee and taxes were withheld you cannot all of a ...
wrong W22/16/2010
  Q: My W2 didn't match my pay stubs. Employer said it was a computer mistake and I'd get a new W2. Its ...
  A: The dates should be the payperiod dates although some companies print the paydate dates so it ...
workplace harassment and unfair wage deductions2/16/2010
  Q: I was supposed to be at work at 8:00am. I had a family problem and arrived at 8:45. My job docked ...
  A: It is illegal to dock your pay as punishment. You can be docked the 45 minutes you were late. You ...
ADA question2/16/2010
  Q: Helllo, The large hotel that I work for in Hawaii, will stop the shuttle bus service, that they ...
  A: I would contact the office of the EEOC as they enforce the ADA. If you are a disabled employee this ...
Mandatory Meeting Compensation, Calif2/16/2010
  Q: On my scheduled day off, I was required to come to work for a Mandatory Drivers Safety Meeting. The ...
  A: Reporting time pay is only for a regularly scheduled shift, it does not cover a mandatory safety ...
Non Exempt Hourly2/16/2010
  Q: My Husband works for a University and when they close due to bad weather pay all employees. My ...
  A: He should be paid for the day, but what they are saying is that he will not be paid extra for ...
Paycheck withholding2/15/2010
  Q: I work for a company based in Maryland and am a non-exempt employee. Management made the decision to ...
  A: The law says that non exempt employees (hourly) need only be paid for the time they actually work. ...
Bounced Check2/15/2010
  Q: my wife worked for a company(not any more). Her boss said his partner took all the money and jumped ...
  A: You should put in a claim for unpaid wages with your local Department of labor. You also should ...
Time Clocks2/15/2010
  Q: I have been employeed for a local volunteer fire company here in up state New York for 9 years. ...
  A: It is not against the law for them to ask you to punch in and out on a time clock. If they dock your ...
reduced salary2/14/2010
  Q: I'm a salaried employee in Texas. Around Feb 6th was notified by phone from my immediate manager ...
  A: Verbal notice of a salary reduction is sufficient, however, it is not legal to retro the reduction. ...
time clock2/14/2010
  Q: in my company the staff punches in and out on our computers-when we punch in early the time is ...
  A: This is illegal rounding of time. It is legal to round time, but it must be done on both the front ...
Tele-Time paychecks2/13/2010
  Q: I have two questions, I'm not sure if this is the correct location for them, but whatever help you ...
  A: Hours on paychecks can be confusing if there are lots of variables. Reg pay, hol pay, PTO, Davis ...
mandatory uniforms2/13/2010
  Q: I am a registered nurse in New York. My employer has mandated a specific color of scrubs. In ...
  A: If they mandate a uniform than they have to provide that uniform, but they only have to provide one ...
California - Payroll Check Distribution2/12/2010
  Q: Our company has a policy in our handbook that states our checks will be handed out at 1:30 to us at ...
  A: If you go pick the check up than they have to give it to you. I will allow a relative to pick it up ...
paydays2/12/2010
  Q: Our payday lands on the 15th of every month. This month our office will be closed on the 15th in ...
  A: In most states it is legal to wait until the day after the holiday. There are a few states that ...
insurance2/12/2010
  Q: I just found out that my dental insurance was cancelled due to non payment from my employer. They ...
  A: Yes, you can get your money back. First go to your employer and find out why you are not covered ...
paystub2/12/2010
  Q: This maybe simple question, (Some History) I've printed out my past couple paystubs each week and ...
  A: The vacation amount accrues in the computer and this is what I was trying to say. It changes when it ...
paystub2/12/2010
  Q: This maybe simple question, (Some History) I've printed out my past couple paystubs each week and ...
  A: This is the reason I do not put vacation accruals on the check stub. Depending on when the system ...
Repayment of income and taxes withheld2/12/2010
  Q: I seperated from Military Service and received the "Special Seperation Benefit (SSB)". Both Federal ...
  A: Yes you probably have been double taxed by the state. Can you get the money back? Probably not? Have ...
vacation time2/12/2010
  Q: My wife works as a caregiver in a rehabilitation center for one and a half year already. She would ...
  A: Vacation time is a fringe benefit given to the employee by the company they work for. They do not ...
Overtime question2/12/2010
  Q: If a person lives in CA but is temporarily working in AZ, which state overtime laws would the ...
  A: Employment laws are where the work is performed so AZ law would prevail. Most overtime laws are ...
off the clock work2/11/2010
  Q: I read a previous answer from the employer perspective indicating that warnings should be given on ...
  A: Best business practice and proceedures say warnings should be given before actually terminating an ...
payday falls on Monday, a holiday2/11/2010
  Q: My company pay periods are the 15th & 31st. This pay period falls on 2/15/2010, a Monday, which is ...
  A: This is a state ruling. In a few states they must pay the day before but in most states they are ...
Post dated paychecks2/11/2010
  Q: I'm in Massachusetts and it has recently been brought to my attention that my employer post dates ...
  A: If payday is on Friday than checks should be cashed on Friday. They should never be cashed before ...
office closing due to weather2/11/2010
  Q: We live in Maryland and my niece works at a dental office full time. The office has been closed due ...
  A: If the employee is an hourly employee than that employee legally only has to be paid for the time ...
exempt v non exempt classification2/11/2010
  Q: Can a payroll administrator be classified as an exempt employee under the exempt administrative job ...
  A: A payroll administrator could be classified either exempt or non exempt. It would depend on the ...
Vacation pay2/10/2010
  Q: My current employer is about ready to have to close up shop due to cash flow difficulties and I am ...
  A: Kansas law does not mandate vacation pay, however, if your employer has a practice of paying it out ...
Missed pay due to error2/10/2010
  Q: While going over my financial info in preparation for taxes i noticed that i was missing pay from ...
  A: It is not correct.Adjustments can be made, however, a revised tax form and any employment reports ...
Payroll withholding2/10/2010
  Q: Where I work, we get paid on the 15th and the last day of the month. According to our employee ...
  A: Illinois simply says that you must be paid at least semi monthly and at least 13 days after the time ...
Payroll withholding2/10/2010
  Q: Where I work, we get paid on the 15th and the last day of the month. According to our employee ...
  A: Depending on the state you live in most states allow payroll to be paid on the next working day if ...
Husband's boss making odd demands on his employees2/9/2010
  Q: My husband told me this morning he is not looking forward to work at all. I am 28, my husband's 31, ...
  A: This boss is not acting right for a boss. He is way beyond boundaries. Here are some places you can ...
deadline to file unemployment2/8/2010
  Q: I am a full time, exempt, employee in CA and was asked to take 1 week off, unpaid, in December of ...
  A: You would have been eligible for unemployment benefits. There is a waiting week and this would have ...
Vacation Pay2/6/2010
  Q: Does a company that have to pay you for vacation time earned? I live in Michigan and not sure of the ...
  A: http://www.michigan.gov/dleg/0,1607,7-154-27673_27856-39056--,00.html The Michigan law says that if ...
Payroll distribution2/6/2010
  Q: In an effort to ensure employee's receive their paychecks timely we have made them available in the ...
  A: As long as they have the time to pick them up. If they are working the whole time and are not given ...
Unused vacation time/ pay out2/5/2010
  Q: My employer decided to do away with vacation and sick time this year. As a salaried employee in ...
  A: If he decides to cash it out than he needs to do so by December 31, 2010 as 2010 is when the new ...
salaried employees earning tips2/5/2010
  Q: I have been employed at my current job for 6 years as a server. All servers in my position receive ...
  A: If the manager is waiting tables he/she is allowed to keep his/her tips earned for they tables they ...
unfair practices2/4/2010
  Q: I work for an underground utility company based in Pa. and work for a satellite in Gaithersburg MD. ...
  A: Salaried exempt employees must be paid unless they are off for a whole week. Hourly non exempt ...
Unused vacation time/ pay out2/4/2010
  Q: My employer decided to do away with vacation and sick time this year. As a salaried employee in ...
  A: Under the Texas Payday Law an employer is not required to offer fringe benefits such as vacation ...
Cell Phone compensation for hourly employee2/4/2010
  Q: I am an hourly civil service employee and I am issued a blackberry which I am expected to have with ...
  A: As long as you can go about your life as usual and are not stuck in one place sitting by the phone ...
slary termination2/4/2010
  Q: i have recently been offered salary pay and fear early termination with lame excuses such as ...
  A: In most states there are right to work laws and the company does not have to give a reason for ...
W2 employer laws2/3/2010
  Q: I was told by a co-worker, that my employer from last year was not going to mail out our W2s, that ...
  A: Topic 154 - Form W-2 and Form 1099–R (What to Do if Not Received) If you do not receive your Form ...
PTO Hours2/3/2010
  Q: One of our plants was closed for one week. Several of the employees that were affected by the ...
  A: Yes it has already been paid out to the employee. Now it would be illegal for the employee to pay ...
pay period ending 12/302/3/2010
  Q: My check stub states pay period ending 12/30/09 for work I completed 12/16-12/30. I was paid this ...
  A: It is legal. The taxes are due based on the date on the check. The last few days of December are ...
time sheets2/3/2010
  Q: When an employee signs their time sheets, does CA require the employee date when they signed their ...
  A: There is no requirement for a date. It is a good practice to have a date. This also could be a ...
who pays for lost time cards2/3/2010
  Q: I live and work in California, recently we changed from paper "punch" cards to a "swipe" digital ...
  A: It is not legal to charge for timecards, but it is legal to charge for pass keys to the building. ...
PTO Hours2/3/2010
  Q: One of our plants was closed for one week. Several of the employees that were affected by the ...
  A: Since they were paid for their time off they are not eligible for EDD benefits. Vacation pay is at ...
holiday and inclement weather2/2/2010
  Q: I am a payroll manager for a church in Tennessee. Our staffed worked on December 31, 2009. They ...
  A: They are entitled to the 42 hours legally. The two hours is not overtime because the holiday does ...
mandatory uniforms2/2/2010
  Q: If an employeer is mandating uniforms can they tell an employee what type and color they must wear? ...
  A: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's ...
Personnel file2/2/2010
  Q: Can I add documents to my employee file that are job related? Or can only my employer add documents ...
  A: No your employer does not have to allow you to put documents in your file nor should he. These files ...
Lunch breaks, pay reduction, declining hourly wage?2/2/2010
  Q: My husband works for a Nationally owned garbage company as a driver in Michigan. His paychecks have ...
  A: I have never heard of a declining hourly wage before. I don't know that it is legal because I have ...
Overpayment on last paycheck2/1/2010
  Q: Ms. McAllister, A small restaurant chain I used to work for as a manager over-payed me on my last ...
  A: Sounds like they are trying to threaten you into paying. Let them take you to court and then explain ...
Previous work being charged at reduces pay2/1/2010
  Q: My girlfriend works for a DOctor who is being investigated by the F.B.I. and has heveral law firms ...
  A: The Illinois law says that if there is a pay change the employee must recieve notice before any work ...
voluntary demotion1/31/2010
  Q: I chose to step down from my assistant manager duties to become a lower manager just below that ...
  A: Both of those questions depend on the Company and how they handle this. The law simply says that you ...
Non-payment of overtime1/30/2010
  Q: I am writing for a custodian of a school. He is employed 40 hours per week. He, and his fellow ...
  A: Bill, The Fair Labor Standards Act (FLSA) is a federal law. It says that the employee must be apid ...
Vacation, FMLA1/30/2010
  Q: My question is "Am I eligible for FMLA vacation as a part-time employee?" "Will I get my job back ...
  A: FMLA (Family Medical Leave Act) is unpaid time which the company must allow you to take without pay ...
eto pay1/30/2010
  Q: i am employed in alabama i recently turned in my 2 weeks notice and they let me work 7 days of my ...
  A: You can give two weeks notice but the company does not have to accept it or allow you to work the ...
Salary1/29/2010
  Q: My husband is a true salary employee. He is paid the same amount rather is works 40 hrs or 60 hrs a ...
  A: The last week he worked he should have been paid for the whole week. If a salaried exempt employee ...
Salary not paid1/29/2010
  Q: I am on H1B visa and I have been working in Nebraska as Contractor from past seven months (Starting ...
  A: You need to contact the Department of Labor in the state in which the work was done for the company ...
employer won't do payroll1/29/2010
  Q: I am a server at a tea salon restaurant.I work 7 hour shifts sometimes 8 and many times will not ...
  A: This is not true. Contact your local department of labor and file a claim for unpaid wages for the ...
weekly payroll question1/28/2010
  Q: If you turn in your hours every Monday and payday is Tuesday. Can they hold your pay check till ...
  A: The company should give you a specific date and that should be payday. If the checks are mailed they ...
Accrued Vacation1/28/2010
  Q: I have an employee who is quitting. Our vacation policy states that: Compensation shall be paid ...
  A: We do this all the time. It is legal to do this. It saves on taxes for the employee and it helps ...
weekly payroll question1/28/2010
  Q: If you turn in your hours every Monday and payday is Tuesday. Can they hold your pay check till ...
  A: If you turn in your hours on Monday I doubt they would have time to do the checks by Tuesday. Is ...
Employer Withholding Money1/28/2010
  Q: My husband's former employer deducted his 401k and IRA money from his paycheck monthly, yet the last ...
  A: You can take the employer to court and sue him and whomever is a fudiciary on the plan for fraud on ...
direct deposit law1/27/2010
  Q: My employer is going to direct deposit. Does he need to offer another alternative, i.e. a paper ...
  A: On mandated direct deposit:\ Utah: The employee must authorize the program unless the employer has ...
Non profit layoffs1/27/2010
  Q: I received notice on Tuesday my position was being eliminated. I have 4,882 accrued hours of ...
  A: They can pay it out in payments. Sometimes the company does not have the funds to pay it all out at ...
Timeclock adjustments1/27/2010
  Q: Are employers allowed to adjust employee's timeclock punches to the next quarter hour and if so, ...
  A: The employer can adjust to the nearest minute, 10 minutes or 15 minutes. It has to be done ...
Employee does both exempt and nonexempt work1/27/2010
  Q: My question regards employees who perform both work which can be considered exempt from overtime ...
  A: The employee cannot be in two classes. Either the employee is salaried exempt or the employee is ...
Remote Work1/27/2010
  Q: I have been working for my current employer for about the past 3 years. I currently live in ...
  A: California and Washington laws are different. If you are working in California you have to abide by ...
Pay Stub Requirements1/26/2010
  Q: Is it required to provide an employee with year-to-date information on his/her paycheck stub? In ...
  A: Current earnings and deductions are required on the check stub. The rules say nothing about year to ...
direct deposit1/26/2010
  Q: I currently teach for an online school located in California. I reside outside the U.S. For the ...
  A: Payroll is obligated to take taxes out of your check. The company needs to adjust the taxes to your ...
False hair follicle test?1/26/2010
  Q: I was just wondering if there is any possible chance for a false positive hair test for marijuana?? ...
  A: False positives are possible, I have never heard of one with the hair follicle as it does not get ...
Owner cashing payroll checks1/26/2010
  Q: The owners of a restaurant that I currently work for are making us cash our payroll checks from the ...
  A: If they are bouncing everywhere else and you are getting them cashed that way it works for you to ...
Lunch Breaks1/26/2010
  Q: I'm from Virginia and recently I had and employee come to me with this question. If the lunch break ...
  A: You do not have to pay salaried employees for lunch if they are salaried exempt. If you have hourly ...
Im being taken to court!1/26/2010
  Q: I use to work a 9 hour shift from PM to 6 am at a food chain, and sometimes later if i was asked to ...
  A: It is legal for an employee to work an 8 hour shift alone, this is done in fast food restraunts and ...
california time clock use laws1/25/2010
  Q: Our boss just posted a notice that says: "The state of California requires us to manually swipe in ...
  A: What the law actually says is that the employer must keep accurate records of time and have them ...
paid for hours vs scheduled salary1/25/2010
  Q: My sister works for a large company and she is salary. She is paid for 44 hours a week, however is ...
  A: Salaried employees do not work for hours. They are paid an annual salary that is divided into equal ...
charitable MANDATORY meeting1/25/2010
  Q: I was recently terminated for missing a workplace giving meeting,an optional donation to surrounding ...
  A: If your employer communicated to the employees that the meeting was a mandatory meeting than an ...
Terminated because I was taking my 30-minute meal1/24/2010
  Q: My name is Melissa Gator, I work at a restaurant that is open 24hrs. I went to work at 5:30am and ...
  A: I do not think there is anything you can do to the company or to get your job back. I do think that ...
Paycheck Withholding??1/23/2010
  Q: Shirley, In Virginia. I have been with my current employer for nearly four years and our usual pay ...
  A: Paychecks can be held until the end of the day but must be given out at least by closing time on ...
sent home early1/22/2010
  Q: I arrived at my place of employment for my scheduled shift. When I got there my manager sent me home ...
  A: Depends on which industry you work in in Connecticut. Connecticut Employers Covered — All ...
both 10-99 and W-2?1/22/2010
  Q: My husband works for a cable company in Michigan. From the beginning (he's worked there for a year ...
  A: They do not want to pay overtime. If they work over 40 hours they have to pay employees overtime at ...
separation agreement1/22/2010
  Q: My employer told me that they were terminating me because they wanted to use my salary for the same ...
  A: If you sign a voluntary separation statement than it may appear that you resigned voluntarily and ...
Hours worked1/22/2010
  Q: The company I work for is an international company. The site I work for is located in Oklahoma. I am ...
  A: It is their option to require annual scheduling of vacation time off. I don't see how it can be ...
part time1/22/2010
  Q: I live in the state of north carolina and i have been a part time employee at my company for the ...
  A: To me this is discrimination against you. If you have been working 40 hours you are a full time ...
sent home early1/22/2010
  Q: I arrived at my place of employment for my scheduled shift. When I got there my manager sent me home ...
  A: They are allowed to do that if there is no work for you to do. In some states you are eligible for ...
can i be fired even with doctors note....1/22/2010
  Q: Help!! I have never been counseled or written up in the entire year I have worked with this ...
  A: The letter from HR is probably a FMLA letter. FMLA (Family Medical Leave) is leave without pay for ...
Promotions1/21/2010
  Q: Recently, a secretary position became available that I would love to have applied for, except it was ...
  A: It is not illegal. The company sometimes elevates a candidate depending on their experience and ...
Paycheck distribution1/21/2010
  Q: Our collective bargaining agreement states that an employee must receive his/her paycheck at least ...
  A: It does not say which method you are required to use to distribute checks but I do not know how you ...
docking an salaried employee1/21/2010
  Q: As a manager I get paid a salary (not hourly) however, if I am required to take even 30 minutes off ...
  A: Salaried exempt employees must be paid for their whole day if they work part of a day. The vacation ...
Hours worked1/21/2010
  Q: The company I work for is an international company. The site I work for is located in Oklahoma. I am ...
  A: Salaried exempt employees do not work by the hour. There are no overtime hours or regular time ...
Hostile Work place1/21/2010
  Q: I work at a non-profit health care organization in California. Over the past couple months, my ...
  A: A unified group of employees should go to HR first and talk to HR. There is safety in numbers they ...
Are managers on salary entitled to lunch1/21/2010
  Q: I was discussing work related issues with the president of the company I have worked 8 years ...
  A: Salaried exempt employees are not entitled to overtime. If you feel the job is misclassified and ...
direct deposit into wrong account1/21/2010
  Q: MCAllister, CPP, PHR My checking account in which I had set-up to receive direct deposit from my ...
  A: This is a tough one. The company did pay your wages and it did go into your bank account. It went ...
breaks periods1/20/2010
  Q: I have a retail business in PA, and have adjusted my working hours to 9 a.m. to 6:30 p.m. I ...
  A: There is no requirement under South Carolina law for an employer to provide employees with breaks or ...
employees not allowed to use guest restroom1/19/2010
  Q: In FL is there a certain bathrooms to number of employees ratio? we have many employees and only 1 ...
  A: under Florida law the maximum tip credit remains $3.02. An employer that paid only $4.19, and took ...
Paycheck1/19/2010
  Q: Ok so here's my question. If a boss regulary pays us early on days that banks are closed, like of ...
  A: It is permissible for the employer to change the payroll date, but it must be a change meant to be ...
Time Clock Usage1/19/2010
  Q: We use an online time clock. Our employees are non-exempt hourly located in various satellite ...
  A: What I would do is pay the scheduled time. If they are scheduled from 8 to 5 than pay from 8 to 5. ...
Time Clock Usage1/19/2010
  Q: We use an online time clock. Our employees are non-exempt hourly located in various satellite ...
  A: Sorry, but no you cannot just not pay them if they fail to clock in or out. All time worked must be ...
Payroll Questions1/19/2010
  Q: Good morning. I work for a small business in the state of Alabama and some of the employees and I ...
  A: PTO or Vacation pay is a fringe benefit. It is not required to be given by law. It is up to the ...
Time clocks1/19/2010
  Q: I have a two part question . What if any, laws about placement of time clocks in the office? 2. If a ...
  A: There are no laws regulating time clocks. Time clocks are regulated by the employer and not by any ...
lunch1/19/2010
  Q: I was told that in the state of Iowa it is a law that you punch out and in for lunch is that true?
  A: You can be required to punch in and out for lunch by your employer. You can be terminated for not ...
suspension without pay1/18/2010
  Q: A close friend employed as an RN in good standing was recently placed on suspension without pay ...
  A: The employer is not required to pay the PTO hours unless he has a policy that says he will pay them ...
employees not allowed to use guest restroom1/18/2010
  Q: In FL is there a certain bathrooms to number of employees ratio? we have many employees and only 1 ...
  A: Holly, There is no law that says there must be a certain amount of bathrooms for number of ...
Exempt Employees PTO1/18/2010
  Q: This should be my last question on this subject. You were saying that if I have an exempt employee ...
  A: Sorry, I should have explained a little better. Vacation and Personal time is left up to the company ...
Exempt employees, not enough Paid Time off Accrued to Cover Actual Time Off1/18/2010
  Q: When an exempt employee misses an entire day, and has less than 8 hours accrued for either vacation ...
  A: Yes you can pay him 8 hours and use 4 hours PTO and leave the other in his accrual bank but since ...
Exempt employees, not enough Paid Time off Accrued to Cover Actual Time Off1/18/2010
  Q: When an exempt employee misses an entire day, and has less than 8 hours accrued for either vacation ...
  A: Since you have allowed him to use down to 6 hours you can either go ahead and deplete the time and ...
salaried employees1/18/2010
  Q: rather than lay off our salaried people in a slow time we would like to reduce the hours they work- ...
  A: You cannot cut hours on a salaried employee because they are not working hours. They are working an ...
vacation and holiday pay1/16/2010
  Q: I have worked at a spa in New York for 2 years. I have an employee agreement that states I will ...
  A: Under the New York State Labor Law, payment for holidays, sick time or vacation -- i.e. payment for ...
Exempt employees, not enough Paid Time off Accrued to Cover Actual Time Off1/15/2010
  Q: When an exempt employee misses an entire day, and has less than 8 hours accrued for either vacation ...
  A: The salaried employee's time is not figured in hours. Salaried exempt work for an annual salary ...
Law requiring P. R. checks be delivered1/15/2010
  Q: Is there a law stating PR checks be delivered to employees on job sites other than the office of the ...
  A: I have been in payroll and HR for 30 years. I have never heard of such a law so if there is one I ...
mileage reimbursement1/15/2010
  Q: Good Afternoon Shirley: I work in a dental practice that has 3 offices as the IT manager. Often ...
  A: It doesn't matter which state, the federal guidelines are .50 per mile for travel during work time. ...
short term disability if sick while on vacation?1/14/2010
  Q: Our company, based in MA, requires that any employee who is absent for more than 5 work days, due to ...
  A: Usually there is a week waiting peri