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| Subject | Date Asked |
| payroll changes | 2/10/2012 |
| 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 changes | 2/10/2012 |
| 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 Relationship | 2/6/2012 |
| 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 Wages | 2/5/2012 |
| 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 surgery | 2/3/2012 |
| 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 Daughter | 2/2/2012 |
| 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 paid | 2/1/2012 |
| 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 policies | 1/29/2012 |
| 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 Role | 1/28/2012 |
| 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 change | 1/26/2012 |
| 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 rule | 1/25/2012 |
| 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 issue | 1/24/2012 |
| 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 Time | 1/23/2012 |
| 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 pay | 1/21/2012 |
| 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 pay | 1/21/2012 |
| 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+ hours | 1/19/2012 |
| 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 change | 1/18/2012 |
| 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 ... | |
| Overpayment | 1/18/2012 |
| 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 pay | 1/17/2012 |
| 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 Mileage | 1/17/2012 |
| 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 termination | 1/17/2012 |
| 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 ... | |
| Mileage | 1/11/2012 |
| 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 California | 1/9/2012 |
| 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 organization | 1/7/2012 |
| 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 deductions | 1/6/2012 |
| 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 vacation | 1/5/2012 |
| 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 deductions | 1/5/2012 |
| 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 Pay | 1/5/2012 |
| 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 ... | |
| Uniforms | 1/5/2012 |
| 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 question | 1/4/2012 |
| 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 sheets | 1/4/2012 |
| 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 compensation | 1/2/2012 |
| 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 vehicle | 12/31/2011 |
| 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 system | 12/30/2011 |
| 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 period | 12/29/2011 |
| 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 ... | |
| retaliation | 12/22/2011 |
| 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 Uniforms | 12/21/2011 |
| 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 discrimination | 12/20/2011 |
| 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 termination | 12/19/2011 |
| 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 termination | 12/19/2011 |
| 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 cards | 12/16/2011 |
| 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 signature | 12/14/2011 |
| 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 ... | |
| Payroll | 12/13/2011 |
| 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. ... | |
| Payroll | 12/13/2011 |
| 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 punches | 12/10/2011 |
| 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 trip | 12/7/2011 |
| 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 ... | |
| payroll | 12/6/2011 |
| 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 ... | |
| payroll | 12/6/2011 |
| 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 ... | |
| payroll | 12/6/2011 |
| 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 resignation | 12/5/2011 |
| 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 question | 12/2/2011 |
| 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 CLOCK | 12/2/2011 |
| 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 time | 12/1/2011 |
| 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 break | 12/1/2011 |
| 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 worked | 11/30/2011 |
| 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 deductions | 11/29/2011 |
| 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 sick | 11/17/2011 |
| 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 stub | 11/14/2011 |
| 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 law | 11/14/2011 |
| 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 Checks | 11/11/2011 |
| 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 Info | 11/8/2011 |
| 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 man | 10/28/2011 |
| 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 records | 10/28/2011 |
| 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 breaks | 10/25/2011 |
| 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 tables | 10/17/2011 |
| 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 ... | |
| payroll | 10/13/2011 |
| 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 ... | |
| Termination | 10/13/2011 |
| 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 Timesheets | 10/12/2011 |
| 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 Positions | 10/11/2011 |
| 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 Check | 10/11/2011 |
| 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 ... | |
| wages | 10/6/2011 |
| 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 Compensation | 10/5/2011 |
| 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-pay | 10/4/2011 |
| 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 ... | |
| FMLA | 10/2/2011 |
| 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 Deduction | 9/29/2011 |
| 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 away | 9/28/2011 |
| 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 Employees | 9/26/2011 |
| 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 pay | 9/25/2011 |
| 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 ... | |
| timesheets | 9/24/2011 |
| 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 pregnancy | 9/22/2011 |
| 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 AZ | 9/21/2011 |
| 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 breaks | 9/19/2011 |
| 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 paperwork | 9/19/2011 |
| 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 clock | 9/19/2011 |
| 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 work | 9/18/2011 |
| 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 completed | 9/14/2011 |
| 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/sanitation | 9/13/2011 |
| 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 harassment | 9/13/2011 |
| 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 ... | |
| Timecards | 9/13/2011 |
| 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 overpayment | 8/30/2011 |
| 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 treatment | 8/30/2011 |
| 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 off | 8/30/2011 |
| 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 wages | 8/29/2011 |
| 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 ... | |
| uniforms | 8/29/2011 |
| 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 Stubs | 8/26/2011 |
| 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 paid | 8/24/2011 |
| 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 lunch | 8/24/2011 |
| 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 pay | 8/23/2011 |
| 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 CA | 8/23/2011 |
| 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 classes | 8/23/2011 |
| 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 Laws | 8/23/2011 |
| 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 ... | |
| PTO | 8/22/2011 |
| 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 commission | 8/22/2011 |
| 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 ... | |
| firing | 8/19/2011 |
| 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 HR | 8/19/2011 |
| 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 issue | 8/18/2011 |
| 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 job | 8/16/2011 |
| 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 ... | |
| Disability | 8/16/2011 |
| 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 job | 8/15/2011 |
| 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 rounding | 8/15/2011 |
| 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 rounding | 8/15/2011 |
| 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 periods | 8/15/2011 |
| 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 - Pay | 8/14/2011 |
| 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 paychecks | 8/13/2011 |
| 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 Paycheck | 8/12/2011 |
| 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 purposes | 8/11/2011 |
| 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 purposes | 8/10/2011 |
| 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 time | 8/10/2011 |
| 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 Employees | 8/9/2011 |
| 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 law | 8/9/2011 |
| 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 pay | 8/8/2011 |
| 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 ... | |
| overtime | 8/7/2011 |
| 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 Tardiness | 8/4/2011 |
| 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 / Mileage | 8/3/2011 |
| 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 Information | 8/3/2011 |
| 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 discrimination | 8/2/2011 |
| 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 timesheet | 8/2/2011 |
| 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 worked | 8/1/2011 |
| 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 punches | 7/30/2011 |
| 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 notice | 7/29/2011 |
| 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 stubs | 7/26/2011 |
| 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 Benefits | 7/26/2011 |
| 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 date | 7/25/2011 |
| 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 violation | 7/24/2011 |
| 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 out | 7/22/2011 |
| 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 Exempt | 7/21/2011 |
| 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 Character | 7/20/2011 |
| 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 Paychecks | 7/19/2011 |
| 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 ... | |
| Tips | 7/18/2011 |
| 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 questions | 7/18/2011 |
| 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 Times | 7/17/2011 |
| 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 leave | 7/16/2011 |
| 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 ... | |
| PAYROLL | 7/15/2011 |
| 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 Pay | 7/15/2011 |
| 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 shown | 7/15/2011 |
| 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 / insult | 7/14/2011 |
| 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 Dismissal | 7/13/2011 |
| 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-ups | 7/13/2011 |
| 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 Rules | 7/12/2011 |
| 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 firing | 7/12/2011 |
| 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 correction | 7/12/2011 |
| 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 ... | |
| salary | 7/11/2011 |
| 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 cards | 7/10/2011 |
| 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 disbursement | 7/8/2011 |
| 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 payday | 7/8/2011 |
| 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 payday | 7/8/2011 |
| 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 company | 7/7/2011 |
| 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 Notes | 7/7/2011 |
| 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 Employees | 7/6/2011 |
| 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 Employees | 7/6/2011 |
| 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 resignation | 7/6/2011 |
| 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 Conferences | 7/5/2011 |
| 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 Break | 7/4/2011 |
| 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 rate | 7/3/2011 |
| 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 wages | 7/2/2011 |
| 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/Overtime | 7/1/2011 |
| 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 pay | 7/1/2011 |
| 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 paychecks | 6/30/2011 |
| 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 pay | 6/30/2011 |
| 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 timesheets | 6/29/2011 |
| 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 scheduled | 6/29/2011 |
| 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 paystub | 6/28/2011 |
| 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 scheduled | 6/28/2011 |
| 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 ... | |
| Compensation | 6/28/2011 |
| 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 ... | |
| employment | 6/25/2011 |
| 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 Time | 6/24/2011 |
| 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 Plan | 6/24/2011 |
| 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 ... | |
| Scheduling | 6/22/2011 |
| 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 pay | 6/20/2011 |
| 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 cards | 6/16/2011 |
| 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 keeping | 6/16/2011 |
| 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 keeping | 6/16/2011 |
| 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 Shifts | 6/16/2011 |
| 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 paychecks | 6/15/2011 |
| 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 ... | |
| Demote | 6/15/2011 |
| 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 deposit | 6/14/2011 |
| 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 benefit | 6/14/2011 |
| 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 employees | 6/14/2011 |
| 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 hours | 6/14/2011 |
| 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 permission | 6/13/2011 |
| 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 permission | 6/11/2011 |
| 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 status | 6/10/2011 |
| 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 overtime | 6/9/2011 |
| 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 ... | |
| payroll | 6/8/2011 |
| 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 change | 6/8/2011 |
| 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 Twice | 6/6/2011 |
| 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 Clock | 6/5/2011 |
| 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 notification | 6/4/2011 |
| 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 job | 6/3/2011 |
| 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 issues | 6/3/2011 |
| 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 Days | 6/3/2011 |
| 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 guidelines | 6/2/2011 |
| 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 cut | 6/1/2011 |
| 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 paychecks | 5/31/2011 |
| 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 drawer | 5/27/2011 |
| 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 problems | 5/27/2011 |
| 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 Louisiana | 5/27/2011 |
| 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 privacy | 5/26/2011 |
| 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 bonus | 5/25/2011 |
| 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 clause | 5/25/2011 |
| 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 Interview | 5/25/2011 |
| 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 plan | 5/25/2011 |
| 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 pay | 5/24/2011 |
| 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 servers | 5/23/2011 |
| 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 functions | 5/23/2011 |
| 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 punches | 5/23/2011 |
| 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 Held | 5/19/2011 |
| 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 pay | 5/18/2011 |
| 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 recertification | 5/17/2011 |
| 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 paycheck | 5/16/2011 |
| 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 fired | 5/12/2011 |
| 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 Colorado | 5/10/2011 |
| 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 ... | |
| Harassment | 5/10/2011 |
| 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 employer | 5/9/2011 |
| 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 rights | 5/9/2011 |
| 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)employees | 5/8/2011 |
| 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 scheduled | 5/6/2011 |
| 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 ... | |
| PTO | 5/5/2011 |
| 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 answer | 5/4/2011 |
| 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 pay | 5/4/2011 |
| 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 pay | 5/2/2011 |
| 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 Question | 5/2/2011 |
| 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/ finalpay | 4/29/2011 |
| 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 retirement | 4/28/2011 |
| 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 Time | 4/27/2011 |
| 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 Raises | 4/26/2011 |
| 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 testing | 4/26/2011 |
| 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/FCRA | 4/26/2011 |
| 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 clock | 4/26/2011 |
| 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 time | 4/25/2011 |
| 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 lottery | 4/25/2011 |
| 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 Recording | 4/23/2011 |
| 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 garnishment | 4/21/2011 |
| 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 compensation | 4/20/2011 |
| 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 check | 4/19/2011 |
| 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 clocks | 4/19/2011 |
| 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 Limbo | 4/17/2011 |
| 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 bullying | 4/16/2011 |
| 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 reimbursement | 4/15/2011 |
| 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 reimbursement | 4/15/2011 |
| 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 time | 4/15/2011 |
| 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 Limbo | 4/15/2011 |
| 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 rights | 4/13/2011 |
| 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 workday | 4/13/2011 |
| 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 up | 4/12/2011 |
| 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 issue | 4/12/2011 |
| 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 FMLA | 4/11/2011 |
| 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 paydate | 4/7/2011 |
| 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 Unemployment | 4/7/2011 |
| 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 Out | 4/7/2011 |
| 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 notice | 4/6/2011 |
| 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 Cheques | 4/6/2011 |
| 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 REDUCED | 4/5/2011 |
| 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 requirements | 4/5/2011 |
| 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 surgery | 4/4/2011 |
| 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 deductions | 4/3/2011 |
| 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 cause | 4/3/2011 |
| 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 time | 4/3/2011 |
| 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 timeclock | 4/2/2011 |
| 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/Texas | 4/2/2011 |
| 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 ... | |
| vacation | 4/2/2011 |
| 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 Sheets | 4/1/2011 |
| 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 ... | |
| Timesheets | 4/1/2011 |
| 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 ... | |
| evaluation | 4/1/2011 |
| 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 Outs | 3/31/2011 |
| 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 calculations | 3/29/2011 |
| 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 ... | |
| timesheets | 3/29/2011 |
| 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 Discrimination | 3/28/2011 |
| 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 Discrimination | 3/28/2011 |
| 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 recertification | 3/28/2011 |
| 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 FMLA | 3/28/2011 |
| 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 discriminiation | 3/28/2011 |
| 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 job | 3/28/2011 |
| 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 Chargeable | 3/27/2011 |
| 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 lawsuit | 3/27/2011 |
| 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 holidays | 3/25/2011 |
| 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 ... | |
| discrimination | 3/25/2011 |
| 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 pay | 3/24/2011 |
| 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 Exempt | 3/24/2011 |
| 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 holidays | 3/24/2011 |
| 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 time | 3/23/2011 |
| 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-offs | 3/23/2011 |
| 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-Diem | 3/22/2011 |
| 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 Question | 3/21/2011 |
| 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 cut | 3/20/2011 |
| 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 Salary | 3/19/2011 |
| 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 Holidays | 3/19/2011 |
| 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 comp | 3/18/2011 |
| 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/OUT | 3/15/2011 |
| 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 Issue | 3/15/2011 |
| 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 Laws | 3/14/2011 |
| 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 Laws | 3/14/2011 |
| 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 Employees | 3/11/2011 |
| 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 with | 3/10/2011 |
| 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 Forms | 3/10/2011 |
| 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 compensation | 3/9/2011 |
| 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 ... | |
| PAYROLL | 3/9/2011 |
| 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-california | 3/8/2011 |
| 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 florida | 3/7/2011 |
| 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 issue | 3/5/2011 |
| 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 bully | 3/5/2011 |
| 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 Time | 3/4/2011 |
| 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 seizure | 3/4/2011 |
| 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 Disabilities | 3/3/2011 |
| 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 Notice | 3/3/2011 |
| 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 breaks | 3/2/2011 |
| 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 contracts | 3/2/2011 |
| 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 ... | |
| FMLA | 3/2/2011 |
| 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 shortages | 3/2/2011 |
| 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 Increase | 3/1/2011 |
| 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 week | 3/1/2011 |
| 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 issue | 2/23/2011 |
| 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 statements | 2/23/2011 |
| 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 statements | 2/23/2011 |
| 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 pay | 2/23/2011 |
| 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 statements | 2/22/2011 |
| 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 home | 2/22/2011 |
| 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 survey | 2/20/2011 |
| 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 work | 2/20/2011 |
| 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 issue | 2/19/2011 |
| 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 Deductions | 2/19/2011 |
| 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 check | 2/18/2011 |
| 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 paychecks | 2/18/2011 |
| 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 pay | 2/18/2011 |
| 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 but | 2/18/2011 |
| 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 discrimination | 2/18/2011 |
| 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 purposes | 2/17/2011 |
| 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 purposes | 2/17/2011 |
| 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 Issues | 2/16/2011 |
| 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 purposes | 2/16/2011 |
| 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 break | 2/13/2011 |
| 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 tim | 2/12/2011 |
| 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 Benefits | 2/10/2011 |
| 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 termination | 2/10/2011 |
| 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 paycheck | 2/8/2011 |
| 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 California | 2/8/2011 |
| 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 labor | 2/7/2011 |
| 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 yet | 2/7/2011 |
| 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 Check | 2/6/2011 |
| 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 funds | 2/4/2011 |
| 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-Exempt | 2/3/2011 |
| 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 ... | |
| PTO | 2/2/2011 |
| 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 yet | 2/2/2011 |
| 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-Exempt | 2/2/2011 |
| 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 Certifications | 2/1/2011 |
| 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 Labor | 1/31/2011 |
| 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 check | 1/31/2011 |
| 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 exempt | 1/31/2011 |
| 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 paid | 1/29/2011 |
| 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 Deposit | 1/28/2011 |
| 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 exempt | 1/28/2011 |
| 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 employee | 1/27/2011 |
| 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 check | 1/25/2011 |
| 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 benefits | 1/24/2011 |
| 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 coverage | 1/21/2011 |
| 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 hourly | 1/21/2011 |
| 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 shift | 1/21/2011 |
| 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 contract | 1/20/2011 |
| 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 wage | 1/19/2011 |
| 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 tips | 1/19/2011 |
| 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 paychecks | 1/18/2011 |
| 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 form | 1/16/2011 |
| 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 salary | 1/15/2011 |
| 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 Policy | 1/14/2011 |
| 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 ... | |
| wages | 1/13/2011 |
| 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 ... | |
| Intimidation | 1/13/2011 |
| 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 stubs | 1/13/2011 |
| 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. ... | |
| vacation | 1/11/2011 |
| 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 work | 1/11/2011 |
| 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 W2 | 1/11/2011 |
| 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 description | 1/11/2011 |
| 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 W2 | 1/10/2011 |
| 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 description | 1/9/2011 |
| 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 cards | 1/8/2011 |
| 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 Pay | 1/7/2011 |
| 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 employee | 1/7/2011 |
| 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 benefits | 1/7/2011 |
| 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 salon | 1/7/2011 |
| 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 kids | 1/7/2011 |
| 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 me | 1/7/2011 |
| 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 Tax | 1/6/2011 |
| 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. ... | |
| Mileage | 1/6/2011 |
| 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 fee | 1/5/2011 |
| 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 notice | 1/5/2011 |
| 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 paid | 1/5/2011 |
| 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 overbudget | 1/4/2011 |
| 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 waiters | 1/4/2011 |
| 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 Leave | 1/3/2011 |
| 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 clock | 1/3/2011 |
| 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 early | 12/31/2010 |
| 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-reply | 12/30/2010 |
| 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 up | 12/30/2010 |
| 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 Conditions | 12/30/2010 |
| 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 period | 12/30/2010 |
| 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 Weather | 12/29/2010 |
| 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 Pay | 12/28/2010 |
| 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 HOURS | 12/27/2010 |
| 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 HOURS | 12/27/2010 |
| 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 ... | |
| breaks | 12/26/2010 |
| 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 case | 12/26/2010 |
| 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 ... | |
| breaks | 12/25/2010 |
| 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 Timesheet | 12/24/2010 |
| 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 Timesheet | 12/24/2010 |
| 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 Holidays | 12/23/2010 |
| 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 work | 12/23/2010 |
| 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 dismissal | 12/23/2010 |
| 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 deposit | 12/23/2010 |
| 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 paid | 12/22/2010 |
| 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 paid | 12/22/2010 |
| 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 vacation | 12/22/2010 |
| 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 expenses | 12/21/2010 |
| 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 pay | 12/21/2010 |
| 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 records | 12/20/2010 |
| 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 hours | 12/19/2010 |
| 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 preparation | 12/18/2010 |
| 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 concern | 12/17/2010 |
| 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 Stubs | 12/15/2010 |
| 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 paycheck | 12/15/2010 |
| 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 Breaks | 12/15/2010 |
| 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 docking | 12/15/2010 |
| 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 docking | 12/15/2010 |
| 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 paychecks | 12/14/2010 |
| 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 employees | 12/14/2010 |
| 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 banks | 12/13/2010 |
| 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 question | 12/10/2010 |
| 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 Employment | 12/9/2010 |
| 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 for | 12/9/2010 |
| 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 job | 12/8/2010 |
| 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" Pay | 12/8/2010 |
| 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 benefit | 12/8/2010 |
| 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 hires | 12/7/2010 |
| 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 WV | 12/6/2010 |
| 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 overtime | 12/6/2010 |
| 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 bonuses | 12/5/2010 |
| 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 deductions | 12/5/2010 |
| 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 tips | 12/4/2010 |
| 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 WV | 12/4/2010 |
| 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 Contractors | 12/3/2010 |
| 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 checks | 12/2/2010 |
| 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 Hourly | 12/2/2010 |
| 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 checks | 12/2/2010 |
| 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 reimbursement | 12/2/2010 |
| 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 working | 12/1/2010 |
| 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 Schedule | 12/1/2010 |
| 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 paycheck | 12/1/2010 |
| 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 question | 11/29/2010 |
| 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 issues | 11/28/2010 |
| 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 taxes | 11/28/2010 |
| 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 ... | |
| uniforms | 11/26/2010 |
| 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 records | 11/26/2010 |
| 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 ... | |
| PTO | 11/24/2010 |
| 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 Holiday | 11/24/2010 |
| 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 Unpaid | 11/23/2010 |
| 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 Year | 11/23/2010 |
| 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 Paychecks | 11/23/2010 |
| 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 Check | 11/23/2010 |
| 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 change | 11/23/2010 |
| 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 employee | 11/23/2010 |
| 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 ... | |
| Contract | 11/22/2010 |
| 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 Paychecks | 11/22/2010 |
| 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 Appeal | 11/22/2010 |
| 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 payroll | 11/20/2010 |
| 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 overtime | 11/19/2010 |
| 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 ... | |
| LEAVE | 11/19/2010 |
| 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 Florida | 11/19/2010 |
| 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 package | 11/18/2010 |
| 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 hours | 11/18/2010 |
| 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 meetings | 11/17/2010 |
| 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 WV | 11/17/2010 |
| 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 period | 11/17/2010 |
| 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 issue | 11/16/2010 |
| Q: I'm going through a horrible situation myself at work. 15 years clean file etc. I'm over 40 and have ... A: 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 Devested | 11/16/2010 |
| 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 period | 11/16/2010 |
| 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 employees | 11/16/2010 |
| 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 employees | 11/16/2010 |
| 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 employees | 11/15/2010 |
| 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 law | 11/15/2010 |
| 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 employees | 11/14/2010 |
| 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 & Actions | 11/13/2010 |
| 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 breaks | 11/12/2010 |
| 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 checks | 11/12/2010 |
| 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 employees | 11/11/2010 |
| 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 ... | |
| Bereavement | 11/11/2010 |
| 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 ... | |
| Lunch | 11/11/2010 |
| 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 - Payroll | 11/11/2010 |
| 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 date | 11/11/2010 |
| 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 question | 11/11/2010 |
| Q: If I was out of work on California State Disability for a serious condition of myself for 10 weeks ... A: More than likely your employer counted your time as FMLA time. If your employer did not than you can ... | |
| 10 Hour Days, holiday pay | 11/9/2010 |
| 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 worked | 11/9/2010 |
| 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 Switch | 11/9/2010 |
| 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 Check | 11/9/2010 |
| 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 PTO | 11/9/2010 |
| 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 worked | 11/9/2010 |
| 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 ... | |
| Termination | 11/8/2010 |
| 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 payout | 11/8/2010 |
| 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 deposit | 11/7/2010 |
| 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 ... | |
| overtime | 11/6/2010 |
| 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 Issuance | 11/6/2010 |
| 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 guidelines | 11/6/2010 |
| 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 Cards | 11/6/2010 |
| 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 Timesheets | 11/5/2010 |
| 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&I | 11/5/2010 |
| 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 breaks | 11/5/2010 |
| 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 ... | |
| regularization | 11/5/2010 |
| 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 Pay | 11/2/2010 |
| 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 VA | 11/2/2010 |
| 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 copy | 11/2/2010 |
| 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 Carolina | 11/1/2010 |
| 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 time | 11/1/2010 |
| 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 commissions | 11/1/2010 |
| 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 pay | 10/31/2010 |
| 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 hourly | 10/31/2010 |
| 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 out | 10/31/2010 |
| 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 check | 10/29/2010 |
| 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 duty | 10/29/2010 |
| 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 policies | 10/28/2010 |
| 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 pay | 10/27/2010 |
| 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 Employees | 10/26/2010 |
| 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 benefits | 10/26/2010 |
| 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 ADJUSTING | 10/26/2010 |
| 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 Pooling | 10/25/2010 |
| 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 employee | 10/25/2010 |
| 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 bullying | 10/24/2010 |
| 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 issues | 10/23/2010 |
| 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 paychecks | 10/22/2010 |
| 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 ... | |
| INSUBORDINATION | 10/22/2010 |
| 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 hours | 10/22/2010 |
| 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 periods | 10/21/2010 |
| 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 acccepted | 10/20/2010 |
| 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 Vehicles | 10/20/2010 |
| 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 dieposit | 10/20/2010 |
| 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 Expenses | 10/20/2010 |
| 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 Reduced | 10/19/2010 |
| 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 Availablility | 10/19/2010 |
| 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, BC | 10/19/2010 |
| 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 whistleblower | 10/19/2010 |
| 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 ... | |
| Termination | 10/19/2010 |
| 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 Terminated | 10/17/2010 |
| 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 system | 10/15/2010 |
| 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 diem | 10/14/2010 |
| 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/Mistreatment | 10/13/2010 |
| 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 ... | |
| overtime | 10/13/2010 |
| 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 stub | 10/13/2010 |
| 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/Mistreatment | 10/13/2010 |
| 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 ... | |
| Unemployent | 10/13/2010 |
| 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 Cards | 10/12/2010 |
| 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 paychecks | 10/12/2010 |
| 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 quit | 10/11/2010 |
| 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 month | 10/11/2010 |
| 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 check | 10/11/2010 |
| 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 Discipline | 10/10/2010 |
| 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 cards | 10/8/2010 |
| 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 Off | 10/8/2010 |
| 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 Cards | 10/8/2010 |
| 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 ... | |
| Payroll | 10/7/2010 |
| 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 employees | 10/6/2010 |
| 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 ... | |
| timecards | 10/4/2010 |
| 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 employees | 10/4/2010 |
| 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 employer | 10/3/2010 |
| 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 employee | 10/1/2010 |
| 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 Relatives | 10/1/2010 |
| 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 ... | |
| Payroll | 9/30/2010 |
| 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 scan | 9/30/2010 |
| 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 time | 9/29/2010 |
| 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 deductions | 9/29/2010 |
| 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 change | 9/29/2010 |
| 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-exempt | 9/28/2010 |
| 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 payroll | 9/28/2010 |
| 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 pay | 9/28/2010 |
| 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 payroll | 9/28/2010 |
| 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 source | 9/28/2010 |
| 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 termination | 9/28/2010 |
| 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 investigation | 9/27/2010 |
| 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 Paycheck | 9/27/2010 |
| 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 investigation | 9/26/2010 |
| 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 salary | 9/26/2010 |
| 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 Pay | 9/25/2010 |
| 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 stub | 9/24/2010 |
| 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 source | 9/24/2010 |
| 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-checks | 9/24/2010 |
| 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 discrimination | 9/23/2010 |
| 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 break | 9/22/2010 |
| 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 discrimination | 9/22/2010 |
| 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 Break | 9/21/2010 |
| 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 & 1099 | 9/21/2010 |
| 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 breaks | 9/20/2010 |
| 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 Payroll | 9/17/2010 |
| 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 legal | 9/16/2010 |
| 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 out | 9/15/2010 |
| 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 ... | |
| Accommodation | 9/15/2010 |
| 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 clock | 9/15/2010 |
| 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 Jobs | 9/12/2010 |
| 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 out | 9/11/2010 |
| 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 company | 9/10/2010 |
| 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 company | 9/10/2010 |
| 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 reimbursement | 9/10/2010 |
| 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 reimbursement | 9/10/2010 |
| 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 misrings | 9/10/2010 |
| 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 days | 9/9/2010 |
| 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 increases | 9/8/2010 |
| 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 Dates | 9/8/2010 |
| 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 laws | 9/8/2010 |
| 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 Pay | 9/4/2010 |
| 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 Question | 9/3/2010 |
| 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 Salary | 9/3/2010 |
| 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 paid | 9/2/2010 |
| 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 policy | 9/1/2010 |
| 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 ... | |
| payroll | 8/31/2010 |
| 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 employee | 8/31/2010 |
| 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 reduced | 8/30/2010 |
| 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 pay | 8/27/2010 |
| 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 pay | 8/26/2010 |
| 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 Vehicle | 8/26/2010 |
| 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 Deduction | 8/26/2010 |
| 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 ... | |
| Fingerprints | 8/26/2010 |
| 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 paychecks | 8/26/2010 |
| 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 Check | 8/25/2010 |
| 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 Uniforms | 8/25/2010 |
| 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 Overtime | 8/25/2010 |
| 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 account | 8/24/2010 |
| 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 withholding | 8/24/2010 |
| 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 tampering | 8/24/2010 |
| 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 Dues | 8/24/2010 |
| 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 employees | 8/23/2010 |
| 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 class | 8/20/2010 |
| 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 paycheck | 8/19/2010 |
| 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/PTO | 8/19/2010 |
| 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 privacies | 8/19/2010 |
| 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 punches | 8/18/2010 |
| 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 401k | 8/17/2010 |
| 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 backpay | 8/17/2010 |
| 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 overpayment | 8/16/2010 |
| 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 resigation | 8/16/2010 |
| 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 Hours | 8/16/2010 |
| 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 out | 8/15/2010 |
| 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 FL | 8/15/2010 |
| 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 privacies | 8/14/2010 |
| 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 Leave | 8/13/2010 |
| 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 employees | 8/13/2010 |
| 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 terminated | 8/13/2010 |
| 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 ... | |
| Privacy | 8/11/2010 |
| 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 Law | 8/11/2010 |
| 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 clock | 8/11/2010 |
| 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 deductions | 8/9/2010 |
| 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 accusation | 8/8/2010 |
| 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 obligations | 8/7/2010 |
| 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 benefits | 8/6/2010 |
| 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 requirements | 8/6/2010 |
| 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 compensation | 8/6/2010 |
| 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 compensation | 8/6/2010 |
| 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 Training | 8/6/2010 |
| 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 expense | 8/5/2010 |
| 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 ... | |
| Timecards | 8/5/2010 |
| 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 clock | 8/5/2010 |
| 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 question | 8/5/2010 |
| 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 Check | 8/5/2010 |
| Q: My question is. I will be applying on line at a company that will do a background check i know for ... A: The new company will definately see the felony and may decide not to interview or hire you because ... | |
| Salary pay reduction | 8/5/2010 |
| 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 clock | 8/4/2010 |
| 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 out | 8/4/2010 |
| 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 Hourly | 8/4/2010 |
| 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 Schedules | 8/4/2010 |
| 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 weekend | 8/3/2010 |
| 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 Cap | 8/3/2010 |
| 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 MA | 8/2/2010 |
| 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 Claim | 7/31/2010 |
| 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 child | 7/30/2010 |
| 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 time | 7/29/2010 |
| 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 deductions | 7/29/2010 |
| 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 employer | 7/29/2010 |
| 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 wage | 7/28/2010 |
| 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 Paycheck | 7/28/2010 |
| 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't | 7/26/2010 |
| 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 report | 7/26/2010 |
| 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 uniforms | 7/25/2010 |
| 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 reimbursement | 7/23/2010 |
| 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 laws | 7/22/2010 |
| 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 Allowance | 7/22/2010 |
| 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 Allowance | 7/22/2010 |
| 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 overtime | 7/21/2010 |
| 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 Pay | 7/20/2010 |
| 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 Classes | 7/20/2010 |
| 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 notice | 7/18/2010 |
| 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 benefits | 7/18/2010 |
| 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 Employment | 7/18/2010 |
| 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 Alberta | 7/17/2010 |
| 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 questions | 7/15/2010 |
| 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 me | 7/14/2010 |
| 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 Exemption | 7/14/2010 |
| 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 Overtime | 7/14/2010 |
| 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 fine | 7/14/2010 |
| 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 seperation | 7/13/2010 |
| 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 weeks | 7/13/2010 |
| 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 AZ | 7/10/2010 |
| 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 pay | 7/9/2010 |
| 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 ... | |
| bonkers | 7/8/2010 |
| 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 Shifts | 7/7/2010 |
| 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 hours | 7/7/2010 |
| 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 ... | |
| Tips | 7/6/2010 |
| 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 FORMEALS | 7/6/2010 |
| 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 issue | 7/5/2010 |
| Q: I am a salaried employee who works 45+ hrs/week. I recently got sick @ work and was told I had to ... A: Vacation and PTO are fringe benefits given by the company. They are not required by law to be given. ... | |
| FMLA or disability discrimination | 7/5/2010 |
| 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 correctly | 7/2/2010 |
| 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 paychecks | 7/2/2010 |
| 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 pay | 7/2/2010 |
| 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 employees | 7/1/2010 |
| 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 vacation | 7/1/2010 |
| 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 notice | 7/1/2010 |
| 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 Area | 6/30/2010 |
| 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 card | 6/30/2010 |
| 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 Policies | 6/30/2010 |
| 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 check | 6/30/2010 |
| 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 card | 6/30/2010 |
| 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 benefits | 6/29/2010 |
| 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 date | 6/29/2010 |
| 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 ... | |
| pto | 6/29/2010 |
| 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 Paychecks | 6/28/2010 |
| 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 NJ | 6/26/2010 |
| 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 salary | 6/26/2010 |
| 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 out | 6/25/2010 |
| 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 Shortages | 6/25/2010 |
| 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 wages | 6/24/2010 |
| 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 reports | 6/23/2010 |
| 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 ... | |
| Vacation | 6/23/2010 |
| 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 ... | |
| Confidentiality | 6/23/2010 |
| 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 ... | |
| Vacation | 6/23/2010 |
| 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 resignation | 6/23/2010 |
| 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 deductions | 6/23/2010 |
| 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 liability | 6/22/2010 |
| 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 ... | |
| Uniforms | 6/22/2010 |
| 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 privacy | 6/21/2010 |
| 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 scheduling | 6/21/2010 |
| 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 leave | 6/20/2010 |
| 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 pay | 6/18/2010 |
| 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 employees | 6/17/2010 |
| 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 time | 6/17/2010 |
| 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 employeer | 6/17/2010 |
| 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 pay | 6/17/2010 |
| 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 closing | 6/17/2010 |
| 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 work | 6/17/2010 |
| 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 deduction | 6/17/2010 |
| 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 Contractors | 6/16/2010 |
| 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 Law | 6/16/2010 |
| 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 wages | 6/15/2010 |
| 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 Salary | 6/15/2010 |
| 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 ... | |
| Interview | 6/15/2010 |
| 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. ... | |
| payroll | 6/15/2010 |
| 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. ... | |
| hours | 6/15/2010 |
| 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 out | 6/12/2010 |
| 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 ... | |
| Redundancy | 6/12/2010 |
| 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 employees | 6/12/2010 |
| 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 TAXES | 6/11/2010 |
| 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 BREAKS | 6/11/2010 |
| 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 decrease | 6/11/2010 |
| 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 ... | |
| payroll | 6/10/2010 |
| 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 ... | |
| payroll | 6/10/2010 |
| 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 Worked | 6/9/2010 |
| 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 reimbursements | 6/9/2010 |
| 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 Resources | 6/9/2010 |
| 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 perspective | 6/8/2010 |
| 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 law | 6/8/2010 |
| 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 PTO | 6/8/2010 |
| 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 ... | |
| PTO | 6/8/2010 |
| 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 termination | 6/7/2010 |
| 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.C | 6/7/2010 |
| 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 Paycheck | 6/7/2010 |
| 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 staff | 6/5/2010 |
| 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 Resources | 6/5/2010 |
| 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 ... | |
| Absenteeism | 6/3/2010 |
| 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 ... | |
| salary | 6/3/2010 |
| 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 ... | |
| Scheduling | 6/3/2010 |
| 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 EMPLOYEE | 6/2/2010 |
| 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/collection | 6/2/2010 |
| 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/collection | 6/2/2010 |
| 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 pay | 5/20/2010 |
| 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 pay | 5/20/2010 |
| 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 ... | |
| Overtime | 5/19/2010 |
| 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 employees | 5/19/2010 |
| 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 ... | |
| OVERTIME | 5/19/2010 |
| 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 requirements | 5/18/2010 |
| 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 ... | |
| Payroll | 5/18/2010 |
| 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 hourly | 5/18/2010 |
| 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 taxes | 5/18/2010 |
| 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 taxes | 5/17/2010 |
| 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 Laws | 5/17/2010 |
| 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 requirements | 5/16/2010 |
| 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 taxes | 5/15/2010 |
| 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 Suspension | 5/14/2010 |
| 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 docking | 5/14/2010 |
| 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 overpayment | 5/13/2010 |
| 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 worked | 5/13/2010 |
| 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 elegability | 5/13/2010 |
| 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 Pay | 5/12/2010 |
| 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/timesheets | 5/12/2010 |
| 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 Saturday | 5/11/2010 |
| 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 bullying | 5/10/2010 |
| 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 distribution | 5/10/2010 |
| 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 laws | 5/10/2010 |
| 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 Pay | 5/10/2010 |
| 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 rights | 5/8/2010 |
| 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 paid | 5/7/2010 |
| 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 Rights | 5/7/2010 |
| 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 established | 5/7/2010 |
| 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 time | 5/7/2010 |
| 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 list | 5/6/2010 |
| 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 California | 5/4/2010 |
| 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 Termination | 5/3/2010 |
| 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 Meeting | 5/2/2010 |
| 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 Time | 5/1/2010 |
| 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 Breaks | 4/30/2010 |
| 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 Breaks | 4/30/2010 |
| 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 PA | 4/30/2010 |
| 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 FLSA | 4/29/2010 |
| 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 timeclocks | 4/29/2010 |
| 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 Agreement | 4/29/2010 |
| 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 shifts | 4/29/2010 |
| 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 Change | 4/29/2010 |
| 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 hours | 4/28/2010 |
| 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 notice | 4/27/2010 |
| 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 time | 4/26/2010 |
| 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 quiting | 4/26/2010 |
| 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 issue | 4/22/2010 |
| 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 issue | 4/22/2010 |
| 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 company | 4/22/2010 |
| 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 Payout | 4/22/2010 |
| 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 pay | 4/22/2010 |
| 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 Deposit | 4/21/2010 |
| 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 Harassment | 4/20/2010 |
| 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 cards | 4/20/2010 |
| 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 Statements | 4/20/2010 |
| 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 issue | 4/20/2010 |
| 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 break | 4/19/2010 |
| 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 hours | 4/19/2010 |
| 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 rights | 4/19/2010 |
| 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 hours | 4/17/2010 |
| 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 : ... | |
| Payday | 4/16/2010 |
| 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 off | 4/16/2010 |
| 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 pay | 4/16/2010 |
| 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 Rule | 4/15/2010 |
| 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 cards | 4/15/2010 |
| 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 ... | |
| Retaliation | 4/15/2010 |
| 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 PAYCHECKS | 4/15/2010 |
| 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 rates | 4/14/2010 |
| 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 Processing | 4/14/2010 |
| 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 earned | 4/13/2010 |
| 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 back | 4/13/2010 |
| 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 off | 4/13/2010 |
| 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 termination | 4/12/2010 |
| 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 issue | 4/12/2010 |
| 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 out | 4/11/2010 |
| 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 withheld | 4/11/2010 |
| 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 laws | 4/8/2010 |
| 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 break | 4/7/2010 |
| 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 Cancer | 4/6/2010 |
| 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 rules | 4/6/2010 |
| 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 schedule | 4/6/2010 |
| 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 laws | 4/6/2010 |
| 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 taxes | 4/5/2010 |
| 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 position | 4/4/2010 |
| 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 breaks | 4/4/2010 |
| 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 testing | 4/2/2010 |
| 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 notice | 4/2/2010 |
| 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 employees | 4/2/2010 |
| 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 Time | 4/2/2010 |
| 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 week | 4/1/2010 |
| 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 pay | 4/1/2010 |
| 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 in | 3/31/2010 |
| 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. Hourly | 3/31/2010 |
| 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 in | 3/31/2010 |
| 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 pay | 3/30/2010 |
| 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 receipts | 3/30/2010 |
| 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 laws | 3/30/2010 |
| 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 ... | |
| benefits | 3/29/2010 |
| 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 meetings | 3/28/2010 |
| 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 law | 3/28/2010 |
| 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 pooling | 3/27/2010 |
| 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 Employees | 3/27/2010 |
| 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 wages | 3/26/2010 |
| 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 BENEFITS | 3/26/2010 |
| 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 pay | 3/26/2010 |
| 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 ENviroment | 3/25/2010 |
| 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 Employee | 3/25/2010 |
| 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 Employee | 3/25/2010 |
| 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-California | 3/25/2010 |
| 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 paycheck | 3/25/2010 |
| 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 in | 3/25/2010 |
| 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 employees | 3/25/2010 |
| 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 error | 3/24/2010 |
| 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 functions | 3/23/2010 |
| 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 leave | 3/23/2010 |
| 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 pay | 3/22/2010 |
| 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 Payroll | 3/22/2010 |
| 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 Payroll | 3/22/2010 |
| 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 overtime | 3/22/2010 |
| 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-California | 3/21/2010 |
| 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 discrepancy | 3/20/2010 |
| 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 rights | 3/20/2010 |
| 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 knowledge | 3/20/2010 |
| 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 check | 3/19/2010 |
| 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 ... | |
| payroll | 3/19/2010 |
| 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 work | 3/19/2010 |
| 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 ... | |
| Rif | 3/18/2010 |
| 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 insurance | 3/18/2010 |
| 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 schedule | 3/18/2010 |
| 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 TIPS | 3/17/2010 |
| 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 ... | |
| breaks | 3/17/2010 |
| 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 time | 3/17/2010 |
| 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 ... | |
| Unemployment | 3/16/2010 |
| 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 Laws | 3/15/2010 |
| 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 corrections | 3/14/2010 |
| 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 check | 3/14/2010 |
| 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 protocol | 3/14/2010 |
| 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. ... | |
| Unemployment | 3/13/2010 |
| 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 off | 3/12/2010 |
| 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 ... | |
| disability | 3/12/2010 |
| 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 ... | |
| PTO | 3/12/2010 |
| 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 break | 3/12/2010 |
| 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 Uniforms | 3/12/2010 |
| 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 Uniforms | 3/12/2010 |
| 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 Check | 3/12/2010 |
| 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 payments | 3/11/2010 |
| 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 one | 3/11/2010 |
| 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 check | 3/11/2010 |
| 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 sitter | 3/11/2010 |
| 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 Employee | 3/11/2010 |
| 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 payment | 3/10/2010 |
| 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 Pay | 3/10/2010 |
| 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 entries | 3/10/2010 |
| 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 pay | 3/10/2010 |
| 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 cards | 3/10/2010 |
| 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: Texas | 3/10/2010 |
| 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 employees | 3/9/2010 |
| 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 & Weight | 3/9/2010 |
| 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 bonus | 3/9/2010 |
| 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 abandonment | 3/8/2010 |
| 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 wages | 3/8/2010 |
| 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 cut | 3/7/2010 |
| 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 wages | 3/6/2010 |
| 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 pay | 3/5/2010 |
| 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 Paycheck | 3/5/2010 |
| 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 Michigan | 3/5/2010 |
| 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 area | 3/5/2010 |
| 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 Hourly | 3/5/2010 |
| 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 given | 3/5/2010 |
| 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 Rounding | 3/5/2010 |
| 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 pay | 3/5/2010 |
| 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 held | 3/4/2010 |
| 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 pay | 3/4/2010 |
| 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 paychecks | 3/4/2010 |
| 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 termination | 3/3/2010 |
| 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 ... | |
| 1099 | 3/2/2010 |
| 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 termination | 3/2/2010 |
| 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 time | 3/1/2010 |
| 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 clock | 3/1/2010 |
| 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 ADVANCE | 3/1/2010 |
| 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 Absence | 3/1/2010 |
| 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 detention | 2/28/2010 |
| 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 sales | 2/28/2010 |
| 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 stub | 2/27/2010 |
| 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 Wages | 2/26/2010 |
| 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 time | 2/26/2010 |
| 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 Wages | 2/26/2010 |
| 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 Wages | 2/26/2010 |
| 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 Fire | 2/26/2010 |
| 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 payroll | 2/25/2010 |
| 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 cards | 2/25/2010 |
| 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 Time | 2/25/2010 |
| 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 change | 2/24/2010 |
| 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 checks | 2/24/2010 |
| 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 Bounced | 2/24/2010 |
| 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 Bounced | 2/24/2010 |
| 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 workers | 2/24/2010 |
| 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 Stubs | 2/23/2010 |
| 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 shifts | 2/23/2010 |
| 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 - Texas | 2/23/2010 |
| 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 off | 2/23/2010 |
| 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 shifts | 2/22/2010 |
| 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-Texas | 2/22/2010 |
| 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-Texas | 2/22/2010 |
| 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 compensated | 2/22/2010 |
| 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 sheets | 2/22/2010 |
| 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 cut | 2/22/2010 |
| 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 MI | 2/22/2010 |
| 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 Questions | 2/21/2010 |
| 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 hours | 2/20/2010 |
| 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 day | 2/20/2010 |
| 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 TIME | 2/20/2010 |
| 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 employee | 2/20/2010 |
| 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 leave | 2/19/2010 |
| 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 sick | 2/19/2010 |
| 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 Timecards | 2/19/2010 |
| 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 Uniforms | 2/19/2010 |
| 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 BREAKS | 2/19/2010 |
| 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/methods | 2/18/2010 |
| 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 lunch | 2/18/2010 |
| 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 GA | 2/18/2010 |
| 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 Benefits | 2/18/2010 |
| 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 Leave | 2/17/2010 |
| 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 Sheet | 2/17/2010 |
| 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 clock | 2/17/2010 |
| 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 Laws | 2/17/2010 |
| 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 PAY | 2/17/2010 |
| 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 W2 | 2/16/2010 |
| 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 deductions | 2/16/2010 |
| 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 question | 2/16/2010 |
| 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, Calif | 2/16/2010 |
| 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 Hourly | 2/16/2010 |
| 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 withholding | 2/15/2010 |
| 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 Check | 2/15/2010 |
| 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 Clocks | 2/15/2010 |
| 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 salary | 2/14/2010 |
| 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 clock | 2/14/2010 |
| 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 paychecks | 2/13/2010 |
| 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 uniforms | 2/13/2010 |
| 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 Distribution | 2/12/2010 |
| 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 ... | |
| paydays | 2/12/2010 |
| 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 ... | |
| insurance | 2/12/2010 |
| 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 ... | |
| paystub | 2/12/2010 |
| 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 ... | |
| paystub | 2/12/2010 |
| 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 withheld | 2/12/2010 |
| 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 time | 2/12/2010 |
| 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 question | 2/12/2010 |
| 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 work | 2/11/2010 |
| 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 holiday | 2/11/2010 |
| 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 paychecks | 2/11/2010 |
| 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 weather | 2/11/2010 |
| 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 classification | 2/11/2010 |
| 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 pay | 2/10/2010 |
| 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 error | 2/10/2010 |
| 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 withholding | 2/10/2010 |
| 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 withholding | 2/10/2010 |
| 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 employees | 2/9/2010 |
| 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 unemployment | 2/8/2010 |
| 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 Pay | 2/6/2010 |
| 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 distribution | 2/6/2010 |
| 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 out | 2/5/2010 |
| 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 tips | 2/5/2010 |
| 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 practices | 2/4/2010 |
| 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 out | 2/4/2010 |
| 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 employee | 2/4/2010 |
| 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 termination | 2/4/2010 |
| 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 laws | 2/3/2010 |
| 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 Hours | 2/3/2010 |
| 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 12/30 | 2/3/2010 |
| 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 sheets | 2/3/2010 |
| 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 cards | 2/3/2010 |
| 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 Hours | 2/3/2010 |
| 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 weather | 2/2/2010 |
| 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 uniforms | 2/2/2010 |
| 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 file | 2/2/2010 |
| 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 paycheck | 2/1/2010 |
| 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 pay | 2/1/2010 |
| 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 demotion | 1/31/2010 |
| 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 overtime | 1/30/2010 |
| 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, FMLA | 1/30/2010 |
| 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 pay | 1/30/2010 |
| 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 ... | |
| Salary | 1/29/2010 |
| 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 paid | 1/29/2010 |
| 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 payroll | 1/29/2010 |
| 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 question | 1/28/2010 |
| 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 Vacation | 1/28/2010 |
| 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 question | 1/28/2010 |
| 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 Money | 1/28/2010 |
| 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 law | 1/27/2010 |
| 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 layoffs | 1/27/2010 |
| 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 adjustments | 1/27/2010 |
| 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 work | 1/27/2010 |
| 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 Work | 1/27/2010 |
| 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 Requirements | 1/26/2010 |
| 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 deposit | 1/26/2010 |
| 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 checks | 1/26/2010 |
| 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 Breaks | 1/26/2010 |
| 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 laws | 1/25/2010 |
| 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 salary | 1/25/2010 |
| 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 meeting | 1/25/2010 |
| 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 meal | 1/24/2010 |
| 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 early | 1/22/2010 |
| 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 agreement | 1/22/2010 |
| 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 worked | 1/22/2010 |
| 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 time | 1/22/2010 |
| 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 early | 1/22/2010 |
| 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 ... | |
| Promotions | 1/21/2010 |
| 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 distribution | 1/21/2010 |
| 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 employee | 1/21/2010 |
| 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 worked | 1/21/2010 |
| 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 place | 1/21/2010 |
| 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 lunch | 1/21/2010 |
| 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 account | 1/21/2010 |
| 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 periods | 1/20/2010 |
| 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 restroom | 1/19/2010 |
| 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 ... | |
| Paycheck | 1/19/2010 |
| 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 Usage | 1/19/2010 |
| 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 Usage | 1/19/2010 |
| 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 Questions | 1/19/2010 |
| 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 clocks | 1/19/2010 |
| 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 ... | |
| lunch | 1/19/2010 |
| 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 pay | 1/18/2010 |
| 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 restroom | 1/18/2010 |
| 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 PTO | 1/18/2010 |
| 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 Off | 1/18/2010 |
| 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 Off | 1/18/2010 |
| 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 employees | 1/18/2010 |
| 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 pay | 1/16/2010 |
| 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 Off | 1/15/2010 |
| 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 delivered | 1/15/2010 |
| 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 reimbursement | 1/15/2010 |
| 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 | |