| Subject | Date Asked |
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| hours between shifts to avoid overtime | 11/3/2009 |
Q: Is it required that an employee have a full 8 hours between shifts to avoid the employer having to ... A: Here is how the California Department of Labor defines a workday: Any consecutive 24-hour period ...
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| Incorrect Payroll | 11/3/2009 |
Q: I just got my very first pay stub from a temp agency that I worked for from 10/20/2009-10/26/2009. ... A: First I would suggest to you that you take your carpool friend with you and talk to the supervisor ...
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| reduced hours unemployment benefits | 11/3/2009 |
Q: I need to reduce my employee's hours from 40 hours a week to 10; can they apply for unemployment and ... A: If an employee's hours are drastically reduced they can apply for unemployment. They will have a one ...
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| Health Insurance Benefit | 11/3/2009 |
Q: We have a small company wherein we provide health insurance coverage to our 6 full-time employees ... A: You do not have to offer coverage to part time employees. We offer 1/2 coverage so our part time pay ...
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| sick pay | 11/2/2009 |
Q: I recently missed one full week of work due to my son being ill with the H1N1 virus, croup virus and ... A: If you are salaried and miss one full week of work you do not need to be paid for it. If you miss ...
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| Severance denied... | 11/1/2009 |
Q: I was terminated without severance, I will be fighting for it on the basis of wrongful termination. ... A: Yes HR is allowed to say an employee has been terminated. If HR feels that communications with that ...
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| PTO | 10/30/2009 |
Q: At my place of employment, a person can "borrow" PTO from the year ahead. I did this in August, but ... A: I never heard of this before. We don't allow borrowing, but if borrowing is allowed I would think it ...
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| Pay stubs w/reconsilation | 10/30/2009 |
Q: I am employed by Natonal Freight Industries as a truck driver,NFI bought out the company I used to ... A: Your employer must give you a pay-stub each pay period which explains how long you worked, how much ...
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| changing of timecards | 10/29/2009 |
Q: i work in a union shop i am a member of the shop committee that handles grievances and ... A: Timecards are legal documents and should not be altered by the supervisor. They should be altered at ...
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| California Vacation Payout | 10/29/2009 |
Q: I recently quit my job in California. Although our main office in Chicago does not allow for ... A: This is how I would calculate it also. The only senerio I can think of is if some of the accrued ...
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| Timeclock Legality | 10/29/2009 |
Q: The time clock where I work (California) doesn't pay by the minute. Once you get to seven minutes, ... A: Yes, it is legal to round up and down to the nearest 15 minutes. That means that you would have to ...
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| Unpaid Wages | 10/28/2009 |
Q: In September 2009 I was working for a temp agency. I was offered a salary. I workded for their ... A: I think you can prove that easy enough, but if you do not have something saying they will pay you ...
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| Unpaid Wages | 10/28/2009 |
Q: In September 2009 I was working for a temp agency. I was offered a salary. I workded for their ... A: Yes you probably can get them to pay the amount they promised if you have a signed contract stating ...
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| payroll tax being incorrect. | 10/28/2009 |
Q: Ok, so I am curious... I have worked for my boss for about 9 and a half years now. I haven't really ... A: What you do is immediately call the Department of Labot in your area. You have them investigate it ...
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| Pay Days | 10/28/2009 |
Q: Our organization pays twice a month (we are located in VA). When a pay day falls on a Sunday, ... A: Wages in the state of Virginia must be paid either before or on the regular scheduled payday. This ...
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| deductions from vacation pay | 10/28/2009 |
Q: I was terminated from my last job. I had accrued 160 hours vacation pay which I received. My ex ... A: It depends on whether it was owed for the month or not. I think your insurance probably terminated ...
|
| Banks holding funds on payroll checks | 10/28/2009 |
Q: Chase bank in California is implementing a policy to hold your payroll check deposit funds and not ... A: This is a bank policy, not a payroll policy. If the bank policy is not what you wish than have your ...
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| paychecks held | 10/28/2009 |
Q: What does this mean? "Anyone turning in late time sheets will have their paychecks held until we ... A: Some states give the employer's a time period in which pay checks must be paid. Usually it is every ...
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| Sick leave | 10/28/2009 |
Q: I read a recent Q&A on your site in which the answer was: "You have to be paid your full salary ... A: When it is PTO it is a combined Paid Time Off. It is still a benefit given by the company. At that ...
|
| boss not paying me hours. | 10/28/2009 |
Q: my regular hours are 10 am- 4 pm. sometimes my boss makes me come in early or leave late, so I put ... A: You should report it to your local department of labor. This is illegal and it is falsifying a legal ...
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| Termination pay not received. | 10/27/2009 |
Q: My husband was hired as 100% commission to sell cabinetry for a small business in NV. He sold a job ... A: You can either file a claim with the Nevada department of labor for unpaid wages, yes commissions ...
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| exempt employees | 10/27/2009 |
Q: Our employer has paid for exempt employees insurance for many, many years as a benefit. This month ... A: Sorry to tell you but I have never heard of this being a benefit of being exempt. I have been doing ...
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| Severance pay vs. wages paid instead of advance notice of layoff | 10/27/2009 |
Q: I was laid off from my job of nearly 10 years due to the economy. I was given a 4 week severance ... A: They are asking if you received a in lieu of notice payment. If you do not give the employee any ...
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| Pay Raise | 10/27/2009 |
Q: if I have been promoted and with that promotion they gave me a pay raise, and then after trying it ... A: Yes they can demote you. In most companies the pay raise is for the added responsibilities of the ...
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| vacation pay in California | 10/27/2009 |
Q: I own a small pet store. I finally let go of one employee, who has caused me, and all co-workers ... A: you should respond to the Department of Labor that you do not have a vacation policy and do not pay ...
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| Wage Law | 10/26/2009 |
Q: If we send an employee to a seminar and they go from home to the seminar do we pay them from the ... A: The Law says that travel time is paid for all the time that cuts into their regular scheduled time ...
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| Payroll | 10/26/2009 |
Q: I work for a ESOP contracting company within the telecommunications industry. I am an employee of ... A: Vacation and holiday pay is not required by law to be paid. It is given by the employer thus the ...
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| Milage Pay | 10/26/2009 |
Q: I am IT consultant in Texas, and I work for an small shop, I travel a lot around the city, but my ... A: A company can decide to reimburse you or not for mileage on your personal vehicle. The IRS rate is ...
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| Forced Relocation | 10/26/2009 |
Q: I have been working for a company for 9 months in Michigan and I received a letter that states that ... A: The employer is responsible to pay at least the minimum wage at the federal level and if the state ...
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| salary exempt | 10/26/2009 |
Q: Our company will be shutting down for the week between Christmas and New Years, @ the owners ... A: If a plant is shut down a whole week and the exempt employee is off the whole week than he does not ...
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| wages an pay cheque | 10/26/2009 |
Q: I have a son who worked for a farmer for the fall season, when finding out the other workers were ... A: It is not legal for him to hold your son's check. It is true he can file a claim for unpaid wages ...
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| termination | 10/24/2009 |
Q: I have heard in the State of Texas if I am terminated and not given a reason, I can request in ... A: The Texas Payday Law does not address the issue of termination. Texas, however, is as an "employment ...
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| Payroll Privacy | 10/24/2009 |
Q: When my company sends out our pay stubs, the main office puts them in an envelope. In which my ... A: If other employees in the company with whom you are working looked at it than you might have a ...
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| Hourly pay cut, nj | 10/23/2009 |
Q: My wife works for a pre school center in NJ, they decided last week to cut the pay rate for hourly ... A: A lot of companies have had to cut wages because of the recession. I hear this all the time from all ...
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| Company Change and Vacation Pay | 10/23/2009 |
Q: Throughout this year the company i work for has gone through some major changes. Our Parent company ... A: Vacation is not a mandatory payment, it is a fringe benefit given by the company. If a company goes ...
|
| Deferred Paycheck | 10/23/2009 |
Q: I work for a company that has been acquired by another. The new company is changing my paycheck ... A: This is legal and it is very common. We do it in our office. We cut pay off a week early and process ...
|
| Rounding Rule | 10/23/2009 |
Q: Can you point me in the direction of where I could find the rounding rule. I know we can change to ... A: http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.48.htm (b) ``Rounding'' practices. It ...
|
| Am i still entitled | 10/22/2009 |
Q: To receive my vacation pay. I had to go to the store on wednesday of my vacation (it started monday) ... A: The employer is required to pay fringe benefits in accordance with written contract or written ...
|
| Holiday Pay for Salaried Employees | 10/22/2009 |
Q: I have a full time salaried employee who is wanting to change her schedule to a 4 day 40 hour work ... A: You can do whatever is the policy of the company. You need to write a policy so that all employees ...
|
| expired payroll check | 10/22/2009 |
Q: I'm a former Wal-Mart employee in Arizona. I quit my job there in March to accept a position with ... A: Keep the envelope. Call the company and ask them to write you a new check. If they do not write you ...
|
| Florida law regarding monitoring | 10/22/2009 |
Q: McAllister, I don't know if this is within your area of expertise but perhaps you can provide some ... A: Visible cameras which are not hidden in any way are generally not illegal if they are in a non ...
|
| manager laws | 10/22/2009 |
Q: I am a manager in a restaurant. I have to work 45 hours for 40 hours of pay. When our old company ... A: You are absolutely correct. If you are doing the same jobs as the employees you are not an exempt ...
|
| Changing pay frequency | 10/21/2009 |
Q: Good Morning. I work in California and we are trying to change to a bi-weekly pay cycle from a ... A: Okay so you will cut the time off on the 7th a Thursday and pay on the 14th a Thursday. So the pay ...
|
| salery and bonus | 10/21/2009 |
Q: I excepted a job that was 40,000.per year and was guaranteed a 10,000.per year bonus with hours from ... A: The labor laws and the Department Of Labor simply state you must be paid the minimum if you are ...
|
| Vacation Accrual | 10/20/2009 |
Q: My question is that With Aerotech, we accrual vacation at 400 hours of work equal 8 hours of ... A: Vacation is a fringe benefit given to you by the company. The state of Nebraska says that once ...
|
| exempt employee rights | 10/20/2009 |
Q: The question I have is, isn't slavery illegal in the USA? My employer has in the past three years or ... A: Sounds to me like you are doing the work of the clerk and other hourly employees when they are not ...
|
| Repayment of overpayment of wages | 10/20/2009 |
Q: I have been overpaid by my employer by a large sum and was unaware due to poor bookkeeping on my ... A: I would ask the employer to reduce the amount of 401K and HSA to recoup the overpayment. If the ...
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| Punching a time clock | 10/20/2009 |
Q: Our employees have been asked many times to use the time clock provided but yet they keep ... A: You are obligated to pay them for all the time they work whether or not they punch out the time ...
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| destroyed timecards | 10/20/2009 |
Q: I am currently a reassigned tenured teacher with the NYC department of Education. During ... A: I would do a couple of things. First I would file a claim for discrimination with the EEOC division. ...
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| paycheck deductions | 10/20/2009 |
Q: I have a friend is a salaried manager. Her employer just recently stated that if her restaurant ... A: It is not legal to deduct money from her paycheck for this reason. It is legal to cut the salary ...
|
| bathroom | 10/19/2009 |
Q: As an employee my sup is asking i right on the board the time i leave the office to use the restroom ... A: There are no laws against the employer asking you to do this. The only thing you might look at is if ...
|
| Payroll | 10/18/2009 |
Q: I do some contract work for a home health agency in Florida. We have an agreement that I am to be ... A: If you go on the Department of Labor website you will find the Fair Labor Standards Act. It says ...
|
| payroll | 10/17/2009 |
Q: i also work off commission and that was right, but i had a full day missing. is it illegal for my ... A: It is illegal for your time to be changed without your approval. You should do what you are doing ...
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| overtime pay | 10/17/2009 |
Q: Good Day, I have recently quit my job. I was wondering if i can somehow collect the ... A: You have to collect the proof of the time you are owed, file a claim with the Department of Labor ...
|
| Employee time and attend record | 10/17/2009 |
Q: I'm a supervisor who approves employee time cards before submission to our payroll department. The ... A: This is 100% correct according to the Federal Law "Fair Labor Standards Act". If you can reach the ...
|
| Timecards and pay | 10/16/2009 |
Q: Our company was purchased and our new employer is instituting an online timesheet. (Most of us were ... A: Before I get to the legality of paying without a timesheet I would like you to think about ...
|
| Taking time from staff | 10/16/2009 |
Q: Where I work we are given a 7 minuter grace to clock in or out. For example if I start at 8:00 a.m. ... A: Yes, this is legal and not only is very generous of the employer to allow it to be paid with annual ...
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| Paycheck deduction | 10/16/2009 |
Q: My present employer pays 100% of medical and dental insurance premiums for full-time employees. I am ... A: Medical 125 is the code for pretaxed insurance . If you are being charged than the company is not ...
|
| Is it possible? | 10/16/2009 |
Q: I recently got a job at a furniture store. I worked there a couple of weeks and then i quit. Now the ... A: You need to Contact your local department of labor and they will help you get your money. If an ...
|
| Is it possible? | 10/16/2009 |
Q: I recently got a job at a furniture store. I worked there a couple of weeks and then i quit. Now the ... A: He cannot do this it is illegal. He must pay you for the time you worked. If he does not than you ...
|
| Time Card | 10/16/2009 |
Q: Where I work (n in NJ) there are only 4 employees and we do have a time clock but it never worked so ... A: She can pay you the holiday pay out if she wishes to do so, but she must also pay you for the work ...
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| Forced to work longer than scheduled shift | 10/16/2009 |
Q: I work for a private ambulance service in Tennessee, we are the emergency provider for the county in ... A: It is true that you must work the hours that the company asks you to work. Since you work with ...
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| how many days are required for vacation? | 10/15/2009 |
Q: The company that i work for is a 24/7 operation and we receive vacation time, unfortunately i am ... A: Yes she has the right to say when vacation may be used and when it may not be used. Vacation is a ...
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| lunches | 10/15/2009 |
Q: I know that employers are required to give us a 30 min lunch break however what I am concerned about ... A: There are several issues to be aware of here. The state says the employer must give you a 30 minute ...
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| Texas Emp. Law | 10/15/2009 |
Q: If a company provides staff to several locations which work different hours, can one employee have ... A: Employee A is working 3 days and getting a holiday. Employee B is working 3 days and getting a ...
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| background check | 10/15/2009 |
Q: Can you please tell me if there is a way to see WHO HAS checked your criminal background? Thanks, A: I don't think there is a way to find that out there are so many ways to check for a criminal ...
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| Health insurance for small business and W2 hourly employees | 10/15/2009 |
Q: I am considering a move to a W2 hourly employee for a consulting firm, and live in Minnesota. The ... A: You may have a qualifying period before you are offered insurance after you begin working, will want ...
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| Did I quit or was I Fired? | 10/15/2009 |
Q: I had worked for Fish Daddy's in Austin Texas for 2 almost three years as a bartender there. New ... A: Sounds like one of those you are suspended...I quit deals. I am sure they will put down that you ...
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| labor issues | 10/15/2009 |
Q: I have two questions one is my employer will last minute call Mandatory overtime with minutes of ... A: Your employer may ask you to work overtime as long as he pays you overtime for the work you do. It ...
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| Temporary Layoff for Exempt Employee | 10/14/2009 |
Q: My employer (small business) closed the local facility and provided notice that I am temporarily ... A: To put it simply, Georgia does not have any laws that require any employer to provide an employee ...
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| Temporary Layoff for Exempt Employee | 10/14/2009 |
Q: My employer (small business) closed the local facility and provided notice that I am temporarily ... A: Commissions owed should be paid to you as they are wages. Vacation is a fringe benefit and it is ...
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| Follow up Question | 10/14/2009 |
Q: Employment Law/Answered Question Expert Thomas R. Ballas Subject Vacation under New Ownership ... A: Guess you have received opinions from all of us on this matter. There is no Pennsylvania labor law ...
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| madatory time-off | 10/13/2009 |
Q: Recently, all employees were told that there would be five mandatory days off without pay. We were ... A: It is legal to do this. Vacation pay is a fringe benefit given to you by your employer. The employer ...
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| work without pay | 10/13/2009 |
Q: I am an hourly employee in a chiropractic office. My employer has paid the staff member who takes ... A: She cannot do this legally. In fact I do not think it is legal for her to do it at all. Yes you ...
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| Pay Check | 10/13/2009 |
Q: I worked for a home health agency in WV. They are holding my paycheck until I complete a battery of ... A: It depends on why you are terminated from the company. If you were fired they must pay you in 72 ...
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| Work week | 10/13/2009 |
Q: The company I work with changed our hours from 35 hours mon-fri to 36 hours mon-sun. I am curious to ... A: It is legal to change the schedule for the company. The government only says the schedule must be ...
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| Unpaid training | 10/13/2009 |
Q: I am a manager at my brother's newly-franchised restaurant in California. We've been trying to hire ... A: It is not legal to do this at any franchise. If they are doing this they are doing something ...
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| Travel Compensation | 10/13/2009 |
Q: I am a salaried non-exempt employee and travel often for my employer. My employer wants me to ... A: They are correct. You need be paid for any hours which are your regular working hours and any hours ...
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| my 90 day raise | 10/13/2009 |
Q: i was suppose to get my 90 day raise last month 9-8-09 my gm put me on a action plan so she says for ... A: Raises are not covered by law. The law says that you must be paid at least minimum wage and overtime ...
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| Employee living in one state and working for another | 10/12/2009 |
Q: An employee of the company currently lives and works in NV. He will be moving to AZ and will work ... A: He lives and works in Arizona. Does not matter for which state the work is done. It is being done in ...
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| Withholding pay from final paycheck | 10/12/2009 |
Q: Under Florida Law, are employers allowed to withhold a final paycheck upon an employee's termination ... A: No a final paycheck may not be held for this reason. This would be an expense of doing business and ...
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| Payroll time cards | 10/12/2009 |
Q: I would like to know what my rights are regarding the clocking in and out system where i work. ... A: It is not legal to do this. I would talk to the HR manager and have him/her address it with the ...
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| Termination | 10/12/2009 |
Q: I worked for a major hospital in the sacramento area. I had worked there for 2 years. I had been ill ... A: Yes you do. Find an attorney that will give you a free consultation and take the case on contingency ...
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| lunch breaks | 10/9/2009 |
Q: I work for a medical clinic in Texas. I work several 8 to 12 hour shifts without a lunch break. My ... A: You should have a 30 minute lunch break. If you cannot take the break you must be paid for the time ...
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| Vacation Accural Changes | 10/9/2009 |
Q: I work for a company that just recently decided to change the way vacation time is accrued from the ... A: The company is allowed to make it's own policy on vacation time as it is not mandatory they pay it ...
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| NOT GETTING FULL AMOUNT ON MY PAY CHECK | 10/8/2009 |
Q: I WAS NOT PAID MY FULL AMOUNT ON MY PAY CHECK I WORKED 38 HOURS AT 15.50 AN HOUR BUT THEY ONLY PAID ... A: You would have to have Fica (social security) and Medicare taxes withheld whether or not you had ...
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| Heath insurance deducted from final paycheck | 10/8/2009 |
Q: I was recently let go from my previous employer, my check was sent overnight to me several days ... A: Contact the company and explain that you should not have been deducted for these benefits as you ...
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| I got suspended from work | 10/7/2009 |
Q: I got suspended from work from a supervisor that just started working with me. I didn't fill out any ... A: You can be suspended without paperwork. Not smart on the part of the company. If you are terminated ...
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| Pay stubs with direct deposit | 10/7/2009 |
Q: My wife works at retail store at the local mall. She recently changed to direct deposit and no ... A: Washington Regulation $49.46.010(2) W.A.C. $296-131-015 says that employees must recive a statement ...
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| TIME CARDS | 10/7/2009 |
Q: I have only worked for this company for 3 weeks (in Massachuesetts) and now know their "time-card" ... A: The FLSA and department of labor says the employer may round up or down to the nearest 15 minutes. ...
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| discrimation | 10/7/2009 |
Q: i have taken a second job 3 evenings a week working at my local Chinese takeaway,i currently work ... A: You should not be treated differently than other employees. If you are than you have a right to know ...
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| employee falsified final timecard | 10/7/2009 |
Q: I am the director of a nonprofit organization in Virginia, one of my employees quit without notice ... A: Since you are not allowed to withhold a final paycheck I would pay the amount that is the correct ...
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| Pay checks - holding back pay | 10/6/2009 |
Q: We have 2 payrolls - biweekly and weekly. Our weekly employees are paid a week behind. Our salary ... A: They should only be a week behind not 3 weeks. You would simply cut them off a week early and they ...
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| Elimination of Vacation Payout on Termination of Employment? | 10/6/2009 |
Q: Can a company make a policy change which changes the accumulated vacation Pay Out upon Termination, ... A: The reason they gave California and some other states is because vacation is governed by state laws ...
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| Overtime/Double time pay | 10/6/2009 |
Q: Our workweek starts Sunday and ends Saturday. 2 of our employees worked from 4:30PM Saturday until ... A: You have to set policy when your workweek starts and stops and that is what it is all the time. Our ...
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| timesheets | 10/6/2009 |
Q: There was a question to you in February (12th)2009 concerning one employee filling out a timesheet ... A: There is not a law that states this in so many words. The Fair Labor Standards Act says that the ...
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| Salary hours | 10/6/2009 |
Q: I have let my payroll software determine the number of hours a salaried employee works which is ... A: Comp time is used by pubic agencies and governmental agencies for salaried employees that work over ...
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| FMLA how can it be used for me? | 10/6/2009 |
Q: I have a son who has Cystic Fibrosis and work for a company who gives me PTO (paid time off) each ... A: This is unfortunate and I wish it were easier for you. However, PTO can be used when you take time ...
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| Manditory meetings | 10/5/2009 |
Q: My wife is a teachers aid at a privet pre-school. She is required to attend a mandatory meeting once ... A: Educational workers are required to attend training meetings as part of their contract. They are not ...
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| Employer Paid Health Insurance | 10/5/2009 |
Q: My husbands company is in the process of getting some quotes together to offer the employees health ... A: The company can require the employee to pay a portion of the premium, but cannot require the ...
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| Salaried Employee Pay Cut | 10/5/2009 |
Q: I am a salaried employee of a private company. I have a signed contract stating what my annual ... A: You could bring a suit against the company for breach of contract, however, I think that it would ...
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| Lack of payments - Atlanta, GA Small Publicly held Employer | 10/4/2009 |
Q: I have been reading your site and had additional question to ask on non-payment wages and consulting ... A: YOu could file a claim for unpaid wages with the department of labor. Also a group of you could ...
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| Bathroom Breaks | 10/4/2009 |
Q: I am a production manager at an automotive manufacturing plant. My company is non-union. I ... A: You cannot have employees clock in and out to use the restroom. What you can do is reward the team ...
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| employee discipline | 10/4/2009 |
Q: My husband and I recently opened an auto body shop business in January 08 in Texas. He mostly worked ... A: Terminate him for cause because he walked out on the job and never returned. If he shows up for work ...
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| Time Sheets | 10/2/2009 |
Q: I worked for an attorney that did not have any time sheets at all, are employers required by law to ... A: you would have had to write down your times in a datebook or a calendar to keep track of your time. ...
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| Termination due to reduction without severance package | 10/2/2009 |
Q: Is there any Florida "guidelines", or just simple corporate courtesy, for terminating an employee ... A: Severence is not a requirement of the labor laws. If severence is paid it is at the option of the ...
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| Wrongful Termination | 10/1/2009 |
Q: I was employed with a gas station food-mart in Virginia. A customer bought a pack of cigs. An ... A: I think this might be considered a hostile workplace. I would go down and file for unemployment and ...
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| lien to demand payment | 10/1/2009 |
Q: I was a salaried employee and quit my position at the company because I could no longer work for ... A: http://www.laborcommissioner.com/docs/WAGE%20CLAIM%20FORM%20New%203-27-08.doc Wage claim form for ...
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| salary vs. hourly pay for part-time employees | 10/1/2009 |
Q: We are about to offer jobs to two part-time employees and my boss would like to pay them on a salary ... A: Since it is the job being done and not the title that determines exempt or non exempt status you ...
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| company ins and pay stubs | 10/1/2009 |
Q: My husband has never rec'd a paystub on time and when he requested past pay stubs they were promised ... A: Contact the insurance carrier your employer had before cancelation and ask for a Cobra notice, let ...
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| Remote workers and new hire paperwork including I9 forms | 10/1/2009 |
Q: I was wondering if you could provide me with some guidance on best practice. I work for our US ... A: I put a copy of the driver's license and social security card with my I-9's. If you could have him ...
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| New Job-ASlary started after 1st day of month | 10/1/2009 |
Q: I have a question regarding a new job that I will be starting in October. Since I am on salary do I ... A: Even if you are salaried when you start a new job it is prorated for the days you work for the first ...
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| Mileage Reimbursement when working from home office | 9/30/2009 |
Q: Our company had to downsize due to the economy and the small staff is now working from their home ... A: In most companies you can turn in these receipts for reimbursement. If the company does not do this ...
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| uncashed payroll check | 9/30/2009 |
Q: What do you do if you have a terminated employee who never cashes their paycheck and all efforts to ... A: Escheat laws in Massachusetts require that unclaimed wages be paid over to the state after three ...
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| Texas Web-based Time Clock | 9/30/2009 |
Q: My employeer recently changed the way we "punch in" for work. The new system is web based. You ... A: It is legal and it is becoming the method that most employers are using, we use it at my company. ...
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| employer wont pay | 9/30/2009 |
Q: What can i do about not being paid by an employer? Have worked for a couple years, they have not ... A: You have a couple of options. You can file a claim for unpaid wages with your local Department of ...
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| interest owed on unpaid wages | 9/30/2009 |
Q: I have had a cheque owing to me since august 1/08. I am aware that the employer will be earning ... A: This would be up to the Ontario Ministry of Labour to determine. I have not heard of interest being ...
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| Texas Vacaction Use | 9/30/2009 |
Q: I am inquiring about the laws governing the use of vacation time that someone had acquired. ... A: Vacation time is a fringe benefit given by the employer. It is not required by law to be given. If ...
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| COBRA notice and etc. | 9/29/2009 |
Q: My spouse was laid off in May. They keep on telling him they'll call him back as soon as they get ... A: Yes, contact the carrier and ask for a Cobra notice, let them know that you do wish Cobra and a ...
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| Company Pension-Disability / Termination | 9/29/2009 |
Q: I am vested in a Company Pension plan. I was taken out of work by my primary physician, filed and ... A: You are allowed 12 weeks of FMLA leave whether or not you are on long or short term disability this ...
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| Direct Deposit Mistake | 9/29/2009 |
Q: If an employer deletes your direct deposit information and on the date you automatically have been ... A: Mistakes happen. Most companies will cover these charges, but all that is required is that you are ...
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| lunch periods | 9/28/2009 |
Q: I work for a company that does not require you to clock out for your 30 minute lunch period but ... A: It is legal to require a lunch period, many states require the company give you a lunch period and ...
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| 95-25.7 Payment to Separated Employee | 9/26/2009 |
Q: Under the US Labor Code 221 (200-222), NCGS Labor Law 95-25.7 Payment to separated employees ... A: The law says they cannot deduct the overpayment from your final wages. You must be paid all wages ...
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| Exempt time keeping. | 9/26/2009 |
Q: I am an exempt employee working for a large company. We are required to go into a time keeping ... A: Exempt employees do not get paid by the hour. They can be required to check in and out, but they get ...
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| wage garnishment | 9/25/2009 |
Q: i work in Illinois and recently my drawer came short. my employee took the shortage out of my next ... A: Only certain deductions are allowed under Illinois law. Deductions may be made when: (1) required by ...
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| Forgotten Timesheet | 9/25/2009 |
Q: My husband’s employer has not paid him for time when he forgot to submit timecards or submitted them ... A: It is difficult to get mistakes corrected once they are made. They really should be corrected by the ...
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| TimeSheet Modification by Employer Requiring Employee Initials | 9/25/2009 |
Q: 30 when they clocked in to 7:00 when they actually began work and found something that I have been ... A: It is regulated mostly by the states, but the FLSA says that the employee must be paid for all the ...
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| pay delay | 9/25/2009 |
Q: I work for a company that came up with a new policy stating that if we forget to clock in our time ... A: I have several questions a week on this very topic. I have a hard time understanding why it is so ...
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| Severance Pay | 9/24/2009 |
Q: We would like to pay a severance amount to someone who was employed with us this calendar year. This ... A: It is not a good idea to pay him as a contractor. If the DOL looks at it they will consider him an ...
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| pay | 9/24/2009 |
Q: I'm a truck driver. I live in Texas,but the company I work for is based out of Arkansas. Which state ... A: Your company is in Arkansas they have to obey the labor laws for Arkansas. If you had a job in Texas ...
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| Cobra | 9/24/2009 |
Q: We are laying off an employee at the end of September 2009. He will be receiving severance pay ... A: Who is eligible for a new, second election opportunity for COBRA coverage? Qualified beneficiaries ...
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| Involuntary Termination | 9/24/2009 |
Q: If an employee gives their employer two weeks notice, and the employer decides to let the employee ... A: When the employer does this he changes the quit into a discharge. Here is the answer for ...
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| employee rights concerning vacation/holiday pay | 9/24/2009 |
Q: It is to my understanding that employers have the right to take away vacation and holiday pay if ... A: Florida has no laws whatsoever about vacation time or vacation pay; in fact, Florida has very weak ...
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| Principal's vindictive actions | 9/23/2009 |
Q: This is my 20th year teaching in California. Three years ago I taught 8th grade non-algebra ... A: I am sorry to hear that you are haveing such a hard time. My daughter teaches in Arizona and while ...
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| Question regarding overtime : ) | 9/23/2009 |
Q: I have a roomate whom gets paid hourly and works for a privately owned company with about 7-8 ... A: If he is paid hourly than he should receive overtime for all the hours over 40 in any one week. If ...
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| Manitoba workers rights | 9/22/2009 |
Q: my name is Adam Slovinsky and I live in Winnipeg, MB. Recently my girlfriend has quit her job and ... A: contact the Employment Standards Branch: Phone: 204-945-3352; or toll free in Manitoba ...
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| withholding of paychecks/promp pay | 9/22/2009 |
Q: if you went into work and found that on your scheduled payday your boss had not given you an check ... A: Why would yours be mailed and not everyone else's checks? It sounds like he is stalling for time. I ...
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| sick time | 9/22/2009 |
Q: if you quit your job which is located in calif and you give a 2 week notice and are a salaried ... A: There are almost no state or federal labor laws regarding sick pay. No state requires that companies ...
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| Vacation check a year later for an employee who no longer works for us | 9/22/2009 |
Q: Last year in July 2008, we had a lay-off and forgot to pay (1) employee his vacation time - everyone ... A: Just pay him the 431.60. You do not have to send a 1099 for anything under 600.00 because of the ...
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| Vacation check a year later for an employee who no longer works for us | 9/22/2009 |
Q: Last year in July 2008, we had a lay-off and forgot to pay (1) employee his vacation time - everyone ... A: 16 hours will not stop his unemployment. It may make it smaller by the 16 hours that is all it will ...
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| Affiliate company and changing payroll and pay days | 9/22/2009 |
Q: I was working for one of the owners affiliate companies. Yesterday they told a few of us employees ... A: I am not that awesome, I cannot find help for you. There are no laws saying that notice must be ...
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| Affiliate company and changing payroll and pay days | 9/22/2009 |
Q: I was working for one of the owners affiliate companies. Yesterday they told a few of us employees ... A: Some states do require a notice and some states do not. Holding back a weeks pay is not only legal ...
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| PTO and overtime | 9/21/2009 |
Q: Can an employer require that employees "flex" out PTO hours when they've worked extra that week? ... A: #1. Overtime is not figured on PTO. Overtime is figured on actual worked hours. If you have 30 ...
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| Follow-up Question | 9/21/2009 |
Q: I am a 60 year old hourly employee working for the same company for over 15 years in California. Due ... A: Termination for excessive absenteism will keep you from drawing unemployment. Initially you may be ...
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| overtime/ comp time | 9/21/2009 |
Q: The company I work for pays our non exempt employees in flex time not overtime. Example; if the ... A: They can do it in the same week the time is worked because what they are doing is cutting the hours ...
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| Hourly employee being called continually at home when sick | 9/20/2009 |
Q: I am a 60 year old hourly employee working for the same company for over 15 years in California. Due ... A: It is understandable if you are out a lot and no none else knows the answers they would call you. ...
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| Working Interview | 9/20/2009 |
Q: I've sent you a question about unpaid training a bit earlier, and not after speaking with a hiring ... A: It is called "orientation". Anytime you work you should be paid, but if you complain than they will ...
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| holding my check | 9/19/2009 |
Q: i quit my job my exboss refuses to give me my check he told me by ohio law that he can hold it up to ... A: He is supposed to pay every two weeks, but he is not penalized until after 30 days. ...
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| Mandatory Hour Lunch Break | 9/19/2009 |
Q: I work in California at a retail store. Our company recently changed its policy to enforce a ... A: Lunch break is up to the employer. The state of California will only regulate that the employee must ...
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| accured vaction time | 9/18/2009 |
Q: We recently changed to a PTO accrual days off system. We have no "formal" policy manual. But, when ... A: PTO is at the policy of the company as it is not required by law. Most companies have one policy ...
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| employee timesheets | 9/18/2009 |
Q: is a supervisor or employer allowed by law to alter or change the information on an employee's ... A: Timesheets should not be changed without the employee's approval. This should not be done. If there ...
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| HRA Account | 9/18/2009 |
Q: I have been employed with the same company for over 3 years and I am enrolled in the health ... A: HRA is money that the employer puts into the account. It is not money from the pocket of the ...
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| Wrongly classified | 9/18/2009 |
Q: My job substantially changed in functions in January of 08. After the changes went into effect, I ... A: The FLSA does not say that there must be a pay increase with salaried exempt. Salaried exempt means ...
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| pay reduction vs. furlough | 9/18/2009 |
Q: My employer has cut 60% of our (exempt/salaried) employees and has reduced the pay of the remaining ... A: They should be given to you in writing, but it is not required they are. You must be making at least ...
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| Hours | 9/18/2009 |
Q: I get scheduled for 40+ hours per week. Some 6 hour shifts, some 8 hour shifts. Lately, he has ... A: It is legal to send you home early if business is slow and there is no work. If your hours are cut ...
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| forced to volunteer, on day off, and without pay. | 9/18/2009 |
Q: I work for an established bank (as a teller) in the state of texas that has numerous branches ... A: This is not legal. You cannot be mandated to work on your time off. If it is mandatory than you must ...
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| employee rights | 9/18/2009 |
Q: Due to the recession my company has taken a turn down hill. They laid off all the part timers, then ... A: Vacation and Sick pay are not mandated by the government. That means the company does not have to ...
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| Time Clocks | 9/17/2009 |
Q: Are there any regulations regarding time clock being set to the correct time? Is it acceptable for ... A: The time clock should be set as near as possible to the correct time. Otherwise if someone is tardy ...
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| salaried employees and time clock | 9/17/2009 |
Q: Public School Teacher in Louisiana. We are being required to clock in and out. In our district, if ... A: Educational institutions are different in that they have contracts and unions. If you are a member ...
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| employer holding check | 9/17/2009 |
Q: My husband resigned from his job on 9/9/09, and was scheduled to be paid for week ending 9/5/09, on ... A: Since the work is performed in Maryland than the work would be under Maryland labor laws. You need ...
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| health deduction | 9/17/2009 |
Q: in Pennsylvania... for the first 4 months i worked for my company, they missed my health insurance ... A: They cannot reduce your gross wages below minimum wage for such a deduction and they must have your ...
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| Floating Holidays | 9/16/2009 |
Q: We have California employees but have a company wide policty that these floating holidays are use or ... A: I would not think that a holiday would be considered vacation. I know that PTO is considered the ...
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| Job Duties | 9/16/2009 |
Q: Is it wrong to have an employee who has the title of File Clerk performing the work responsibilities ... A: Payment is the responsibility of the Company. If this person feels they are underpaid than they ...
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| compulsory charitable giving | 9/16/2009 |
Q: I work for a not-for-profit organization in Indiana. This organization is in the midst of a ... A: It is not legal for the company to mandate that you contribute to the cause. you would have to ...
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| paystubs | 9/16/2009 |
Q: My employer was late by a week giving us our paystubs. And every time they are out of town on ... A: They should be handed out with the paychecks. However, what you would have to do is file a formal ...
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| Possible discrimination | 9/16/2009 |
Q: My wife was laid off recently. Before she was let go, the company hired a manager from different ... A: You do not have a case of discrimination unless your wife was let go because of her nationality, ...
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| PTO Policy change | 9/16/2009 |
Q: My Employer is based in Nebraska and wants to reduce PTO that I have Accrued by 40 hours, is that ... A: Vacation pay constitutes wages in the state of Nebraska. It is not legal to take away any time that ...
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| broken equipment | 9/15/2009 |
Q: Can you make workers financially responsible for breaking work equipment in Illinois? A: This is not an allowed deduction under Illinois Law. ...
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| BEREAVEMENT PAY | 9/15/2009 |
Q: After asking excessively my employer finally gave me a copy of our employee manual. They have been ... A: If you are given a manual and you are not given a revision to the manual than it is reasonable to ...
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| Payroll Deduction | 9/15/2009 |
Q: What are the laws governing payroll deduction of personal use for a company owned vehicle? Is it ok ... A: If you are using the company car for personal use like vacations that may be a different story. ...
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| No pay chacks on pay day | 9/15/2009 |
Q: First thanks in advance for any assistance you can offer. I work for a small publicly traded ... A: Here are the rules for payment of wages in California. Since the work is done in California the laws ...
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| social security numbers | 9/14/2009 |
Q: I work for a small texas city and I have recently found that my employeer throws away information ... A: You can inform your employer that any information containing social security #'s or medical ...
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| missouri employee rights for bounced paychecks | 9/14/2009 |
Q: I live and work in Missouri. Is it correct that my employer (a restaurant) must keep sufficient ... A: You should be paid all your wages even if you cash the check after 30 days. You also should expect ...
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| tipped employees | 9/14/2009 |
Q: I have been a server for over 20 years (currently in Kentucky)and minimum wage has stayed the same ... A: Your employer is doing something illegal. You only are required to claim tips you actually receive, ...
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| 401K | 9/14/2009 |
Q: I quit my job two months ago and still have not received my 401K Distribution Paperwork, how long do ... A: you are not automatically sent 401K paperwork. You have to call and ask for paperwork to be sent. In ...
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| exempt status in CA re: time cards | 9/14/2009 |
Q: I'm an exempt employee who is now after 5 years being told to punch a time card. Is this legal in ... A: It is legal to ask anyone to punch a time card exempt or non exempt. Lots of companies are starting ...
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| Days off | 9/13/2009 |
Q: My boyfriend works for his dad and is supposed to work part time since he is now going to college. ... A: He needs to talk to his dad and make him understand in a nice way, not a mad way, that he cannot ...
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| Above the law | 9/13/2009 |
Q: I am a 47 YO female and work for a large "at will" retail chain in NY. For 17 years I have been in ... A: I would file a complaint with the EEOC division of the Department of Labor for both age and gender ...
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| Exempt Employee Holiday Pay Cut | 9/13/2009 |
Q: I work in North Carolina and am considered an exempt employee. My company recently announced that ... A: No he cannot cut your salary for that week. He has to pay your salary for the whole week . He can ...
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| Company was sold | 9/13/2009 |
Q: Our parent company based out of Ohio sold our division to our largest competitor. In the agreement, ... A: For unemployment purposes you can decline an offer that is lower than your present employment. For ...
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| Expense Check | 9/13/2009 |
Q: I live in Oregon, I was forced to sign a written warning at work, or I was fired. I was told this ... A: You can call the company and find out when you can expect to receive your final reimbursement check. ...
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| school or work | 9/12/2009 |
Q: I am a college student. I was working at my job from 3pm - 7 pm everyday. My boss was aware of my ... A: It is legal for a business to schedule his hours how he feels fit to do so. Some will accomodate ...
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| Mandatory uniforms | 9/12/2009 |
Q: Under Indiana law, do employers, especially hospitals, have to provide or pay for uniforms (scrubs) ... A: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's ...
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| unfair suspension | 9/12/2009 |
Q: My son informed me that a boss called him two hours after his shift had ended on a Wednesday and ... A: It is called insubordination and it is not illegal. An employee must be willing to work when they ...
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| fired for something off work | 9/12/2009 |
Q: .i just wanted to know what the laws are for this...i was fired from my job of 8 years for a crash ... A: I do not wish to be the bearer of bad news, but whether you drive off or on the site, the insurance ...
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| Compensation | 9/12/2009 |
Q: My coworkers told me that if they call you into work and then tell you that they don't need you when ... A: Although some states require what is known as "show-up pay" (a minimum amount that is paid to ...
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| payroll | 9/11/2009 |
Q: I am a part-time hourly employee. I work 6 hours a day, but recently worked 6.5 hours due to a ... A: The federal laws of the FLSA (Fair Labor Standards Act) says the employee must be paid for all the ...
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| Unsafe work conditions & no scheduled breaks | 9/11/2009 |
Q: I work as a phlebotomist in Southern IL. I work at a hospital that is severely understaffed at all ... A: http://www.state.il.us/agency/idol/ For complaints on working conditions call the Illinois ...
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| fired for something of work | 9/11/2009 |
Q: .i just wanted to know what the laws are for this...i was fired from my job of 8 years for a crash ... A: I know it for a fact that if you recieve a DUI and you drive for someone you will lose your job. In ...
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| reference from former employee | 9/11/2009 |
Q: My son was fired from his job of 5 yrs in michigan. He has been interviewing for new employment. ... A: The proper response is I can give you the hire date, the termination date, and if the employee is ...
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| Policy Changes. | 9/10/2009 |
Q: I just recently went on a business trip and the policy for traveling as an hourly employee states ... A: The government says you only have to be paid for the regularly scheduled work day (8 hours). They ...
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| Last Paycheck | 9/10/2009 |
Q: I just asked this same question, however I accidentally mistyped the email as a yahoo account when ... A: This is illegal for him to do. Not only can he not withhold it from your final paycheck, he cannot ...
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| Held Pay | 9/10/2009 |
Q: I was terminated from my position as Store manager at a local family owned jewelry store in columbus ... A: This is illegal and he cannot do it. He cannot charge you for something that was done while you were ...
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| Commissions after termination | 9/10/2009 |
Q: We recently had one of our Sales people quit without notice. This sales person had broken many ... A: She should be paid for the work which she has completed and the commissions on her completed work, ...
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| editing payroll | 9/10/2009 |
Q: Under Illinois law: If an employee clocks out at 3:20 PM, can an employer legal edit the time to ... A: The federal Fair Labor Standards Act and the Department of Labor says that the employee must be paid ...
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| access to time sheets | 9/10/2009 |
Q: McAllister, I have reviewed several previous questions you've helped others with, but haven't found ... A: The law simply states that the employee must be paid for all the time they work. It is the companies ...
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| insurance deductions | 9/10/2009 |
Q: I have been employed with the same employer for 13 years and in the last 3 years have become the ... A: When the insurance premium increases for the company than the company has to increase the amount to ...
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| Pay cut and hourly cut | 9/10/2009 |
Q: I work in Dallas Texas for the hotel industry and due to low occupancy and the hotel being so slow ... A: It is legal to do this as long as he gives you notice before you work any hours under the new pay ...
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| employees and cash shortage | 9/9/2009 |
Q: is it illegal to make employees pay up the difference in cash in the register they've worked on? if ... A: In most states this is illegal. The company has to consider this a business loss and take it as a ...
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| traveling in company vehicle | 9/9/2009 |
Q: I live in Pennsylvania, my husband is a remote technician and uses our home as his office (Company's ... A: Use by an employee of an employer's vehicle for commuting and other incidental travel is not part of ...
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| previous answer to concurrent salary/hourly | 9/9/2009 |
Q: I have an exempt salaried employee who needs a second job and would like to work for our company a ... A: When an employee is salaried exempt it covers all the work he does for his employer. He may be asked ...
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| Work uniforms | 9/9/2009 |
Q: In Indiana, can an employer require you to buy work uniforms? I thought the law was if they require ... A: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee's ...
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| pay cut | 9/9/2009 |
Q: I live in the state of Texas, what does the local labor board dictate about a pay cut that has been ... A: Reductions in the pay rate are legal, but should never be retroactive. Remember that pay cuts of 20% ...
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| Hours worked | 9/5/2009 |
Q: I work for Sears/K-Mart and they are insisting salaried managers work 14 days 6 days a week. This ... A: It does sound crazy to me also, however, there are no limits set on how many hours a salaried exempt ...
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| Right to Work | 8/31/2009 |
Q: I live in Idaho and it is a right to work state. I have always been told that an employer can fire ... A: In a right to work state you do not have to give a reason for termination. It cannot be a ...
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| Confidentiality | 8/31/2009 |
Q: I am currently on UI in CA. The employer has hired an outside company (non-lawyers) to represent ... A: I would contact the California Department of labor . http://www.dir.ca.gov/dlse/DLSE-FAQs.htm ...
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| overpayment of wages | 8/30/2009 |
Q: i am on disabilty thru my employer they overpaid me with out me knowing they were overpaying me. On ... A: I do not believe this is legal to do.The company is not allowed to bring your pay under minimum ...
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| Mandatory Meetins - Not being paid | 8/30/2009 |
Q: My daughter works at a restaurant as a server. She and her coworkers are asked to attend mandatory ... A: If the meeting is mandatory and the employee is an hourly employee they must be paid for the time ...
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| Clock sheets being changed | 8/30/2009 |
Q: I work for a company that are currently changing times for our clocking in and out. If you clock out ... A: The Fair Labor Standards Act say that an employee must be paid for all the time that he/she works. ...
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| NJ Tier II and end of benefit year | 8/30/2009 |
Q: I live in NJ and have had a lot of difficulty with memory, organization, depression, etc. that I ... A: Right now the president has extended benefits so you should be able to get an extention on your ...
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| payroll questions | 8/30/2009 |
Q: The company I work for sent a fax yesterday regarding a change in payroll policies. We were ... A: Vacation is at the option of the company and is not required by law to be given. I do not believe ...
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| Black out PTO usage | 8/30/2009 |
Q: I'm in California and I had heard a while back that California must grant you your PTO, basically ... A: Q. Can my employer tell me when to take my vacation? A. Yes, your employer has the right to ...
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| final paycheck and deductions | 8/29/2009 |
Q: I left a small company. I worked a notice and am due my final paycheck on Monday. I have received ... A: In most states they do not have to pay vacation upon termination. Perhaps you can talk them into ...
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| I was terminated & have not received my check | 8/29/2009 |
Q: I live in Las Vegas, Nv. I got a telemarketing job selling Human Growth Hormone which is really ... A: When you are fired or laid off, wages and compensation earned and unpaid when discharged become due ...
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| fmla | 8/28/2009 |
Q: I live in texas and my employer recently denied my fmla claim. It was recently approved but my md ... A: The state of Texas has nothing to do with FMLA. This is a federal law and not a state law. The ...
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| hairstylists commission vs. minimum wage | 8/28/2009 |
Q: What is the law in Florida reguarding minimum wage for commissioned stylists. If we work 35 hours ... A: It is not a Florida law it is a federal law under the FLSA (Fair Labor Standards Act) that if a ...
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| Payroll in Arrears | 8/28/2009 |
Q: 19 yrs ago my company paid to date and fot the next 14 yrs continued to do so. 5 yrs ago they ... A: I checked all your rules listed at your Department of Labor website. I did not see any laws that ...
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| Vacation day/ that day | 8/28/2009 |
Q: One of my employees called me on tuesday morning to inform me he is going to Great Adventure for the ... A: Connor, Whether a vacation day must be planned for ahead of time is up to company policy. The ...
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| holiday pay | 8/28/2009 |
Q: If I work 4 days a week ten hours a day and a holiday lands on my day off, do I get 8 hours paid for ... A: The law does not say the company must pay you for any holiday hours. If the company does wish to pay ...
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| exempt pay for short work week | 8/27/2009 |
Q: On occasion, our medical practice has to close one work day due to non-availablity of doctor staff. ... A: Scheduling is left up the the management of the company. It is not an employment law issue and is ...
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| Paycheck a month late.. | 8/27/2009 |
Q: My boyfriend was without a job for two and a half months..in which time I was supporting him. He ... A: contact the Washington Department of Labor. Their laws say that the employee must be paid at least ...
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| Restaurant business payroll | 8/27/2009 |
Q: I work at a restaurant in Western New York. I have several questions for you regarding this ... A: Section 162 of the New York State Labor Law provides as follows: Time allowed for meals Every ...
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| exempt pay for short work week | 8/27/2009 |
Q: On occasion, our medical practice has to close one work day due to non-availablity of doctor staff. ... A: The business can force the exempt employees to take the day off if the business is shut down. They ...
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| lateral transfers and pay | 8/27/2009 |
Q: I recently took a job within my company and was informed that I would lose my title and the pay that ... A: When you move from one department to another your title and pay may or may not stay the same. It is ...
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| No bathroom available at work | 8/26/2009 |
Q: I work for a small company in Minnesota. The company is in a building with two other businesses; the ... A: This is not legal any employees at any business must have an available restroom. This would be an ...
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| compasation for time on compuer | 8/26/2009 |
Q: I work for a company called source interlink and I merchandise magazines and books in stores. every ... A: You should be paid for the time you spend on the computer for work related issues. You should also ...
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| Time Sheets | 8/26/2009 |
Q: Jasper County Indiana....I went from full time to laid off to part time in the same position in a ... A: The law says that no one can do your time sheet without your approval. If you are standing there and ...
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| Per Diem Requirements | 8/25/2009 |
Q: Is an employer required to change per diem rates as job locations change or are they allowed to set ... A: The employer is allowed to pay accual expenses with receipts given. The employer does not have to ...
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| Texas Law on Breaks and Lunches | 8/25/2009 |
Q: I work for a call center here in Houston and there are days when they do not allow us to take our ... A: The Texas Payday Law does not address the issue of rest breaks or meal breaks. There is no current ...
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| Unemployment Benefit Qualification | 8/25/2009 |
Q: I was laid off a month ago from Employer A due to lack of work and is currently receiving UI. I got ... A: You are not required to take a job with lower pay. The reason the pay is less is because the temp ...
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| restaurant question... | 8/25/2009 |
Q: I am a server in a restaurant in New Brunswick, New Jersey. I am a good worker, and one of the best ... A: No. Nothing can be deducted from an employee's wages other than those items required and/or ...
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| Bank Charges on Payroll Cashing | 8/25/2009 |
Q: Is there an actual legal code to arm ourselves with deniying banks the right to steal our pay? The ... A: I cannot help with this one. There are no laws against charging a fee for cashing a check. If you ...
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| Teacher - Let go unjustly | 8/24/2009 |
Q: At the end of last school year I received a wonderful evaluation and review, but asked about an ... A: Contracts with schools are year to year and they have the option to renew or not to renew. With ...
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| Copies of pay stubs | 8/24/2009 |
Q: Shirley, I was recently fired form my job. A mother with 3 children, so I went to my Counties ... A: Employers are required to state clearly on each employee’s paycheck, pay envelope or other ...
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| payroll question | 8/22/2009 |
Q: Back in June of 2009 I worked one day for Kelly Temporary Services They did not pay me because they ... A: You must be paid for all the time you worked according to the FLSA whether or not you have all the ...
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| deductions from paychecks | 8/22/2009 |
Q: In the states of south carolina, i was required by my company to attend a training class. I was ... A: If you signed a paper saying that you would be required to pay it back than yes it is legal to ...
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| Salary overpayment & Crossing Year Tax | 8/22/2009 |
Q: McAllister, I was laid off in the end of May, 2009. As of today I received a letter from my former ... A: The company can do two ways: #1. They can revise all their annual reports W-2, 941, SIT, FIT, WC, ...
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| Wages, Deductions, and Time cards | 8/21/2009 |
Q: I work as a Preschool teacher at a daycare in MA. I have noticed that my employer manually changes ... A: You should be paid for all the time you work unless you are under contract for a specific annual ...
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| Salary employees | 8/21/2009 |
Q: If I was hired in as salary pay and i do not punch a clock, should i be getting the same amount ... A: You should get the same amount of pay unless you are out for one whole day or more for personal ...
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| i feel cheated | 8/21/2009 |
Q: first i want to thank you for your help. i live in southern california and i drive a tow truck now ... A: I think that you should have stayed where you were sounds like you got the short end of the stick by ...
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| Labor laws | 8/21/2009 |
Q: I am currently employed and my boss is having financial issues. We have 2 paydays a month, the 5th & ... A: You can call the Arizona Department of labor and file a complaint with them that you are not ...
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| Bathroom Breaks | 8/21/2009 |
Q: McAllister! I live and work in New York City, I work 8 hours per day and 7 hours requires me to be ... A: In New York only the meal period is required under Employment Law. Employees who work a shift of ...
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| Vacation time pproved | 8/20/2009 |
Q: I have worked for a company for 28 years and in 2 weeks I was written up on 4 occasions one which I ... A: If you feel you were discriminated against because of your age than you have the right to file a ...
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| unused vacation time and unemployement | 8/20/2009 |
Q: Do I have to pay an employee his/hers unused vacation days when I lay them off for several weeks? I ... A: THe state of Michigan says this is a fringe benefit and it is paid out according to company policy ...
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| Vacation, sick and personal time accrued | 8/20/2009 |
Q: At my current job, in the state of MO, I have accrued 16 personal hours, 88 sick hours and 75 ... A: Missouri has no law requiring paid vacations for private sector employment. This is an issue that ...
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| Time clocks and paychecks | 8/20/2009 |
Q: I'm in NC. My company just switched to a time clock. We've been instructed that we'll be paid for ... A: They can round to the nearest 15 minutes. at 7 minutes it probably does go back to the earlier time ...
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| Can my employer tell me what to do during my off the clock break? | 8/19/2009 |
Q: I work at a Target in the state of Iowa. Recently my boss told us that we, all Target employees, ... A: Your company cannot tell you where to sit during your lunch breaks. They do have control of the 15 ...
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| Overtime | 8/19/2009 |
Q: I am working as a temp in a company with ton of overtime. I know that they can dictate me to do ... A: You do not have to have warning before you are scheduled to work. If you can cancel your plans you ...
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| Resignation letter | 8/18/2009 |
Q: I have a question regarding resignation letter, I gave my resignation to my employer with two weeks ... A: You have a couple of choices. If you have actually worked time you must be paid for the time you ...
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| Termination in Tennessee | 8/18/2009 |
Q: My wife and I were employed at the same company and recently we were both terminated. I understand ... A: In an at will state you may be terminated for no reason at all. The only illegal termination is if ...
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| Clocking in 1 minute late | 8/18/2009 |
Q: I work in Colorado. This is my first time being late since we moved to a new building which is 15 ... A: It is legal to round time to the nearest 15 minutes on both ends, morning and evening. It is not ...
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| Over-Payment | 8/18/2009 |
Q: On July 10th of this year I put my letter of resignation in for my job and left on very good terms. ... A: The first thing I would do is contact them and find out why they not only said that a check was due ...
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| vacation pay | 8/18/2009 |
Q: I WAS FIRED FROM MY JOB AND I WANTED MY VACATION PAY THAT WAS DUE ME . THEY SAID THEY DON'T PAY WHEN ... A: The state of Michigan says the company must pay terminated employees for Fringe Benefits (this would ...
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| overtime | 8/17/2009 |
Q: i worked for a company in new york for over 20 years and they always paid me overtime.....in 2007 ... A: First you need to find out if you were reclassified in 2007 as exempt salaried employee instead of ...
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| salary minimum in texas and time period to recieve final paycheck | 8/17/2009 |
Q: I worked for a company for 4 days, I was hired on a Thursday my first day of work was Friday, i ... A: They should pay the two days at the old rate and the other two days can be at the new rate. You ...
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| resignment laws | 8/17/2009 |
Q: I am going to give my notice to leave the company I work for but my contract states I must give 6 ... A: what does it say they will do if you do not give 6 months notice? Yes it is a legal contract if you ...
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| partial pay day for salary employee | 8/16/2009 |
Q: I was a salaried employee for a retail company that normally worked 5 days a week, except for Nov & ... A: Salaried employees have to be paid all of a day if they work part of a day except for the last day ...
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| Not being paid proper overtime... | 8/16/2009 |
Q: I am a Shift Team Leader and am involved in shift changes for about 20 minutes at a time prior to my ... A: It is legal for the company to round time to the nearest 15 minutes. It is not legal for them to not ...
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| lunch time law in maryland | 8/16/2009 |
Q: My daughter works for a cell phone store in Maryland and works between 8 to 12 hrs. a day some times ... A: Division of Labor and Industry The Maryland Guide to Wage Payment and Employment Standards - Pay ...
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| Unemployment Insur After Layoff followed by Contract Work | 8/15/2009 |
Q: I was recently laid-off from a salaried position in Connecticut after 5 years. I received 6 weeks ... A: If you are engaged in self-employment on a part-time basis (while maintaining your availability and ...
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| Huge Overpayment of Salary | 8/15/2009 |
Q: Shirley, I am in a terrible situation with my employer. I have been employed with them for just ... A: I would first contact the Department of Labor. They may be able to help with the taxes. The company ...
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| switching my pay from hourly to salary | 8/15/2009 |
Q: I am a manager of a C store in IL and have been bought out a few months ago. My pay was set up for ... A: THis is not legal for them to do. What they are doing is cheating you out of overtime. They have to ...
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| Unemployment Benefits | 8/14/2009 |
Q: I tried to ask you this question earlier, and you responded that you couldn't answer it. I can't ... A: Each state has it's own method of figuring the unemployment insurance. There are a lot of factors ...
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| vacation pay | 8/14/2009 |
Q: I WAS FIRED FROM MY JOB AND I WANTED MY VACATION PAY THAT WAS DUE ME . THEY SAID THEY DON'T PAY WHEN ... A: Different states have different rules, but in most states it is whatever the company policy says for ...
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| Is a company allowed to take out as much as 25% from severance and vacation pay? | 8/14/2009 |
Q: I was laid off July 3 2009. I did receive a severance package. At the time I was unaware that when I ... A: Extra paid time such as severance and vacation time is taxed at the supplemental rate of 25% for ...
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| Vacation & personal time | 8/14/2009 |
Q: I have been laid off from my position at a local family owned business here in Maryland. We have a ... A: The Maryland Guide to Wage Payment and Employment Standards - Wages and Compensation - Unused ...
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| 30 hours salary no benefits | 8/14/2009 |
Q: I live in S Mo. I took a position as a property manager of apartments. Upon hiring I was given 30 ... A: Missouri has no law requiring paid vacations for private sector employment. This is an issue that ...
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| Employment requirements seem unfair, but legal? | 8/14/2009 |
Q: My employer pays a flat daily rate (not much at that). Most employees drive a company supplied ... A: Unfortunately scheduling of hours is left up to the company and is not regulated by any employment ...
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| Reduction in leave accrual | 8/13/2009 |
Q: my employer reduced PTO accrual from 240 to 200 hours per year without notification. Basically, ... A: The federal government does not regulate PTO time. Some state regulate it to a certain degree and ...
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| Business Travel | 8/13/2009 |
Q: I have recently accepted a position marketing for a new company that is just opening in town. It is ... A: Salaried employees do not receive extra compensation for traveling or for training. If she does ...
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| Leave time for salary exempt employee | 8/13/2009 |
Q: I have 4 weeks of annualy leave time (includes vacation & sick leave) I am a salary exempt employee. ... A: Vacation and sick time are not required by law to be paid or given. If they are given they must be ...
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| witholding your paycheck | 8/12/2009 |
Q: Can an employer in New York State withold your paycheck because you did not turn in your badge if ... A: Your paycheck cannot be held because you do not turn in your badge. If you still have the badge it ...
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| Cobra | 8/12/2009 |
Q: I was fired within the last week. My former employer offered Cobra for 3 months. I have been told ... A: You are correct, the president did pass a stimulus packaged that extended the time through the end ...
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| Forced Payroll Deductions | 8/11/2009 |
Q: I was employed by a company that wanted each of it's workers to buy a very expensive tool. The ... A: I am sorry for you working in Florida, they do not have a Department of Labor. The FLSA (Fair Labor ...
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| Punching in Early | 8/11/2009 |
Q: There has been some disagreement on this topic. Wondering if you could clarify? Is an employer ... A: If the person is punching in early than they are not paid for the time until they start working, the ...
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| Pay Periods | 8/11/2009 |
Q: I am controller for a company in Massachusetts. We have locations in several states including ... A: Prior notice generally means that the employee must be notified of the change before any work is ...
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| employment contracts | 8/11/2009 |
Q: It is likely too late for me, but here's the deal. I am a manager in the nuclear power industry, and ... A: You should check over your employment contracts with an attorney. The Human Resource employee in ...
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| my boss is changeing my time sheet | 8/11/2009 |
Q: I just started workin at a new company as a dcs for MR clients. Well one night one of my bosses ... A: The company has to pay you for all the hours you have worked. If you take off for lunch you do not ...
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| PTO for salaried employees | 8/11/2009 |
Q: In NC, if a salaried employee typically works about 9 hours per day and only work 1 hour because of ... A: PTO is not required to be given to the employees. It is considered a fringe benefit. Because it is ...
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| Alternate Work Schedule 4/10 | 8/10/2009 |
Q: We want to start a 4 day 10 hour schedule for a job that is in another county. I know I can set up ... A: You do not need a signed agreement to change work schedule. You are still under the laws of the FLSA ...
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| Travel Reimbrusement | 8/10/2009 |
Q: I am a federal employee working at home in Aizona. My office is located in Oregon. Every two ... A: If you are driving there and back it would be the same as driving to work and home. No reimbursement ...
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| Business Travel for Hourly Employee | 8/10/2009 |
Q: My husband is an hourly employee for a company, and is preparing to leave for Haiti for 3 days to ... A: Travel is paid for any time that crosses his regularly scheduled workday. If he is scheduled to ...
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| Cobra | 8/10/2009 |
Q: I was fired within the last week. My former employer offered Cobra for 3 months. I have been told ... A: Cobra coverage is for 18 months for reasons of termination other than "Gross Misconduct". If you ...
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| Recoverable Draw Overpayment | 8/10/2009 |
Q: Shirley, We have an employee that we are changing his status from an employee to an independent ... A: There is always a question when and employee is changed to independent contractor status. If the ...
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| Whistleblower | 8/10/2009 |
Q: after requesting a w-4 several times, as well a I-9, my employer continues to pay me under the ... A: You do not receive compensation for reporting your employer. If you are fired for doing so you will ...
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| pay reduction | 8/10/2009 |
Q: I have been with an agency since January. I know that it is ran rather slipshod. I began at the ... A: It sounds like they are manipulating your hours and time to their advantage. I think that the ...
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| BOSS IS A &*#%!@ | 8/10/2009 |
Q: Sorry this question is pretty crazy, Please Help!!! On June 7th 2009 I began working for this ... A: He is obligated only to pay you what is in the contract. Even though he did not pay on time the ...
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| Oppressive Work Environment and ADD | 8/8/2009 |
Q: ina advance, for giving this question consideration. First, I was diagnosed with ADD when I was 25. ... A: It is true that ADD is a disability and would fall under the ADA (Americans with Disability Act.)If ...
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| Change of ownership - terminating employees | 8/8/2009 |
Q: I am in the midst of acquiring a business in California. Layoffs are planned after acquisition in ... A: The new owner assumes any ongoing benefits and debt of the aquired company. There is no ...
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| Full time status | 8/8/2009 |
Q: I work at a small non-profit company that is state regulated. I am a full time college student and I ... A: 40 hours is full time. If they give you a problem with this than call the State Department of ...
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| Punching in Early | 8/7/2009 |
Q: There has been some disagreement on this topic. Wondering if you could clarify? Is an employer ... A: The company is obligated to pay for all the time that the employee works. You do have to pay them if ...
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| Weeks pay withheld | 8/7/2009 |
Q: We live in North Carolina and are owner operators.We are contracted to a company that my husband has ... A: Holding back one week on starting is common, we do it here. Holding back another week does not make ...
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| Moving from Salary to Wage. | 8/7/2009 |
Q: Our company recently moved some employees from Salaried to Wage due to the fact that some employees ... A: You are not required to pay comp time to salaried employees. If you wish to do so you may if you are ...
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| Salary emolyee vs hourly employee | 8/7/2009 |
Q: My spouse worked for a company as a salaried employee and was required to use a time clock, does ... A: Many salaried employees are required to punch timeclocks. This does not count as being treated as an ...
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| paid travel time via an airline | 8/6/2009 |
Q: What hours do you have to compensate for air travel? A: What ever hours cut across your regularly scheduled workday. If you work from 8 to 5 and travel ...
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| Confusing Termination | 8/6/2009 |
Q: I was, until today, a director at a small IT e-learning firm based in Montreal, Canada. I worked out ... A: These are the Ontario laws since your were employed in Ontario, Canada. In most cases, when an ...
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| Lunch | 8/6/2009 |
Q: We have salaried employees who are given 30 minute unpaid lunch periods. Is there a law that says ... A: The company has the right to schedule time so it knows when employees will be there and for the ...
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| Waiting to clock in and a few other questions. | 8/6/2009 |
Q: I'm an hourly employee and work at a restaurant in Austin, Texas. We have set schedules and so we ... A: Time changing into and out of uniforms is work time. Walmart is in a lawsuit about this as well as ...
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| Salaried Employee - Max hours allowed to work? | 8/5/2009 |
Q: My sister is currently a salaried employee at a hotel in Cambridge Massachusetts. She is not ... A: Salaried exempt employees are exempt from the Fair Labor Standards act and may be asked to work as ...
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| mandatory lunch hour | 8/5/2009 |
Q: I live in California. I know my employer has the right to schedule lunch breaks. But what if they ... A: Schduling of lunch breaks is left to the company and since the state of california is for employees ...
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| Forced Payroll Deductions | 8/5/2009 |
Q: I was employed by a company that wanted each of it's workers to buy a very expensive tool. The ... A: I would report this to the Department of Labor. First of all it is illegal to get employees to sign ...
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| Mailing of Paychecks | 8/5/2009 |
Q: Can you tell me if any state prohibits the mailing of any paychecks? Currently, we are trying to ... A: Mailing of paychecks is not prohibited, however, you cannot pay the direct deposit poeple on one day ...
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| Late Pay | 8/5/2009 |
Q: I have an employer that has been late on pay checks frequently; sometimes a week, sometimes 3 weeks. ... A: The first thing you should do is talk to the company and tell them that it is making things ...
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| my new job won't pay me. | 8/4/2009 |
Q: I just started a job and they're telling me they're not going to pay me for the first three weeks. ... A: They can hold back two weeks and pay it when you terminate, this is fairly common , but I never ...
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| Training | 8/4/2009 |
Q: I was recently promoted at my job. After I accepted the position my HR director decided to add some ... A: You should have been told about the stipulations at the time you were offered the job. It is not ...
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| Timesheets-Signing and retention of signed copies | 8/3/2009 |
Q: Shirley, Our corporation has employees in all 50 states and Canada. Must the employee sign off on ... A: It is a good idea to have them signed off, that would be the immediate supervisor's job. They are ...
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| sick leave pay for employee while on probation for job in Florida | 8/3/2009 |
Q: Can an employee collect sick leave pay while on probation for job in Florida? A: Being on probation is not being sick. I would not pay sick pay to someone on probation. This is ...
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| TIME CLOCK CHANGING | 8/3/2009 |
Q: MY EMPLOYER CHANGES MY TIME PUNCHES FOR OVERTIME. SO THAT MY PAYCHECK READS THAT I DID NOT WORK ... A: The FLSA (Fair Labor Standards Act) says you must be paid for all the time you work. It is allowed ...
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| Mandatory pot-luck meeting | 8/3/2009 |
Q: My employer schedules a quarterly staff meeting and pot-luck during lunch time. Staff is required ... A: Legally no you cannot be required to attend unless you are paid for it and cannot be required to buy ...
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| salary employees | 8/3/2009 |
Q: If you are a salary employee which I am. Do they have to pay me my 40 hours? I had to miss work ... A: If a salaried employee is off a whole week than the company does not have to pay the salary. FMLA ...
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| mandating | 8/2/2009 |
Q: does an stna have to stay over if they are short on staff, or is it the nurses job, administrators, ... A: It does not matter what your title is. If your boss asks you to stay overtime than you need to work ...
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| final paycheck | 8/1/2009 |
Q: When you quit your job in washington State- when does your employer have to pay your final check? ... A: In the state of Washington Termination wages are due to the worker on the next regularly scheduled ...
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| withholding paycheck | 7/31/2009 |
Q: I live in North Carolina and work for a medicaid funded agency. I have been there for over 5 ... A: If you are not paid than you should file a claim with the Department of Labor. Hiring a lawyer will ...
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| SSN verification | 7/31/2009 |
Q: http://en.allexperts.com/q/Employment-Law-924/2009/4/SSN-verification.htm Answer HR is not allowed ... A: We are not allowed to hire an employee without a social security number. If a person wishes to work ...
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| full-time hours | 7/31/2009 |
Q: I work for a retailer in mass and I normally get 35-40 hrs a week as the inventory. However in the ... A: The employer may schedule his workers as he sees fit, it is not regulated by the government. I would ...
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| milage pay | 7/30/2009 |
Q: i work for dominos in alabama. we get $1.25 out of a $2 delivery charge if we ake one delivery,if we ... A: Tipped employees must get minimum wages whether or not they make enough tips to reach the tip credit ...
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| furloughs | 7/30/2009 |
Q: We are planning to implement reduced schedule/reduced wage "furloughs" one day per month beginning ... A: This type of reduction is being used a lot. It is also being tested in the courts, especially in ...
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| Payroll Deductions | 7/30/2009 |
Q: The Company is about to payroll deductions for non-company paid travel expenses. We have employees ... A: Alabama no provisions except prohibited to mandatory take Union Dues Alaska if voluntarily agreed ...
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| Payroll Deductions | 7/30/2009 |
Q: The Company is about to payroll deductions for non-company paid travel expenses. We have employees ... A: Each state has different rules. If you have a written, signed agreement for each deduction from the ...
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| Documenting time off | 7/29/2009 |
Q: I let my Director know that I would need a few hours off to take care of some personal business. I ... A: You must be paid if you work part of a day your whole salary. The governming rules do not care out ...
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| Mandatory Hire And "FICA" | 7/29/2009 |
Q: I am not sure but I believe I heard there is a law that requires a person to be hired if they work ... A: What is on your check is more than likely FICA and Medicare Tax. Federal withholding would have it's ...
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| Vacation docked for salaried employees | 7/29/2009 |
Q: You provided the following response to a previousAnswer Salaried employees are not based on 40 hours ... A: The rules are the rules of exemptions to the FLSA (Fair Labor Standards Act). you can read these ...
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| Contracted Employees & Discrimination | 7/29/2009 |
Q: In the State of CT, can you hire a group of employees in the same 'class', each one individually ... A: If you are hiring contracted employees than you can settle different terms and write them into the ...
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| pay cut | 7/28/2009 |
Q: My employer recently cut my pay without telling me. is that legal, and if not what can i do about it ... A: It is legal to cut your pay. You should be notified before any time is worked under the new pay. ...
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| suspension | 7/28/2009 |
Q: If I reported a threat to myself by another employee, why would they suspend us both? another ... A: Sounds like you have already tried without success. The company has the final word on these types of ...
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| suspension | 7/28/2009 |
Q: If I reported a threat to myself by another employee, why would they suspend us both? another ... A: If there is an argument between two employees often both are suspended until it is investigated or ...
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| Resignation letter | 7/28/2009 |
Q: I have a question regarding resignation letter, I gave my resignation to my employer with two weeks ... A: The employer does not have to allow you to work the two weeks and has decided to terminate you. You ...
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| CA pay for no work available | 7/28/2009 |
Q: I am located in California and I work at a job where I am paid by production. If you show up for ... A: You do know that you can sign up for unemployment and draw it if you are working a reduced amount of ...
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| salary plus overtime in arizona | 7/28/2009 |
Q: I was given a position as a executive which is a salary position. I continue to do the same job I ... A: If you are salaried exempt you are not eligible for overtime. If you do not believe you are exempt ...
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| hi | 7/28/2009 |
Q: hi im about to be 13 in a month and im looking for a job i would like to know what is the legal ... A: You have one more year before you can legally work at anything other than a paper route or mowing ...
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| vacation pay | 7/28/2009 |
Q: if my employer said back in may i was qualified for 40 hours paid vacation and i told them i would ... A: Vacation pay is a fringe benefit given by an employer. It is under the control of the employer and ...
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| unused vacation pay | 7/27/2009 |
Q: i work in wisconsin and i recently quit my job with no notice. and the handbook doesn't say that i ... A: In the state of Wisconsin it depends on Company Policy whether or not vacation is paid upon ...
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| exempt salaried PTO | 7/27/2009 |
Q: Our full-time employees accrue both sick and vacation hours. If an exempt employee uses all accrued ... A: PTO and Vacation are both considered a fringe benefit and the employer has the right to say when it ...
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| Unused vacation days when laid off | 7/27/2009 |
Q: I live in Illinois and was just laid off. I read one article that stated Illinois is one of the ... A: The state of Illinois Department of Labor web site says this: If I quit or am fired, am I entitled ...
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| Salaried Employee - Exempt from Overtime | 7/27/2009 |
Q: I am a full time salaried employee paid bi-weekly and I am exempt from collecting overtime. I work ... A: It is based on your annual wage divided by the number of hours scheduled to work. The 2080 comes ...
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| Time clock hours | 7/27/2009 |
Q: If an employee is scheduled for an eight and half hours,half being lunch. He clocks in for the day, ... A: The employee must be paid for all the time worked and it is the manager's responsibility to make ...
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| CA PTO laws | 7/27/2009 |
Q: I was assistant manager at a retail store in Orange County, California where we are paid hourly. My ... A: PTO and vacation time are regulated by the company. The government considers it a fringe benefit and ...
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| Vacation, PTO | 7/26/2009 |
Q: My husband works as a driver for a major corporation. He has worked there for almost 6 years. In his ... A: Unfortunatley PTO and vacation time off is a benefit given by the company and it is allowed to be ...
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| salary overpayment | 7/26/2009 |
Q: Would like to know what are the laws if any, regarding re-payment of overpaid wages to an individual ... A: They could possibly call it an advance on pay and if so they are allowed to take it from the next ...
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| Clocking in on time | 7/25/2009 |
Q: I'm a student at a Cosmetology school, we must use a punch clock every day. The clock used to be set ... A: That is a strict rule if you are suspended for a few minutes. We give our employees 7 minutes. At 7 ...
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| Telemarketers getting paid ONLY commission | 7/25/2009 |
Q: My daughter is in Arizona and got a job doing telemarketing. The workers work a six hour shift or ... A: It is legal to pay a worker on a commission only basis. When one is applying for a job it is ...
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| Withholding paychecks | 7/24/2009 |
Q: Can an employer in New York state withhold a salaried employee's paycheck for failing to submit ... A: No he cannot. It is the Department of Labor's stance that the employer should know when his ...
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| Backcharging an employee | 7/24/2009 |
Q: My boyfriend is working for a company that is paying cash. He has repeatedly asked when they are ... A: Not a good situation you have gotten into . You can file a claim with the department of labor for ...
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| Time Cards | 7/24/2009 |
Q: This is an effort to help my mom out with an issue she is having at work. The front desk clerk at ... A: The FLSA (Fair Labor Standards Act) says that the employee must be paid for all the time that is ...
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| required notice and paid vacation | 7/23/2009 |
Q: I live in New York and am looking to leave my job. Our employee handbook says that managment are ... A: Under the New York State Labor Law, payment for holidays, sick time or vacation -- i.e. payment for ...
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| Salary and sick time | 7/23/2009 |
Q: I am a salaried employee. If I show up to work and have to go home sick, do I have to take sick time ... A: You have to be paid your full salary unless you are gone one full day for personal reasons. If you ...
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| Overtime and off the clock work | 7/23/2009 |
Q: Shirley, I have an employee that continually attempts to work overtime (we are located in Texas) and ... A: You absolutely can enforce your policy. The first time you talk to the employee you tell him about ...
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| Paying meal time | 7/23/2009 |
Q: First thank you for your response to my question yesterday re punching in/out for lunches (VA mfg ... A: Yes, if they are relieved from all work duties for at least 30 minutes it is unpaid lunch time. ...
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| Was I unlawfully fired? | 7/23/2009 |
Q: I work at a Hungry Howie's in Michigan. I received a call today on my day off from one of my ... A: I actually have a similar case. I have allowed some latitude due to the age of the employee and ...
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| reduction in pay as penalty | 7/23/2009 |
Q: I have 2 questions. I work in a dental office in florida as a dental assistant. As an hourly ... A: None of this is legal. The company is not allowed to do this. It is allowed to round time to the ...
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| 30 notice vs 2 weeks notice | 7/23/2009 |
Q: I am an LPN and have been employed at a nursing home in AZ for nearly 2 years. The corporation's ... A: Yes, unfortunately for you they can enforce this policy. PTO, Vacation, Sick Pay time are ...
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| paydays falling on holidays | 7/23/2009 |
Q: If a payday falls on a holiday or weekend should it be issued to you before the holiday? For example ... A: Brian, I have an office in Vancouver and one in Calgary. I do not have one in Ontario. I did call ...
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| Leaving premises during lunch | 7/22/2009 |
Q: We would like to enforce that our Virginia employees to punch in and out should they leave the ... A: There is no issue with asking them to log in and out when they leave the premises for lunch. There ...
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| Working consective days without a day off | 7/22/2009 |
Q: My fiance has Tuesdays and Saturdays as his days off. Recently, his company scheduled too many ... A: Scheduling is left up to the company is not regulated by the government. The only regulations are if ...
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| Termination Letter | 7/22/2009 |
Q: We have an employee who has not been into work consistenly since June 9th, we have all this ... A: I would send the letter to him by registered mail so that he has to sign for it. I would write on ...
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| Salary wage deduction | 7/22/2009 |
Q: Ma'am: I am currently employed as a Contract Detention Officer with the Federal Government under ... A: The exempt employee should be paid his salary even if he is sick one day. The salary of an exempt ...
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| Furlough is being deducted from my final check and the furlough did not happenn yet | 7/21/2009 |
Q: I just received the calculation for my final paycheck and 3 days of furlough were deducted from the ... A: It is not legal to deduct amounts from your check for time off that has not been taken. You will ...
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| late payments | 7/21/2009 |
Q: I'm an IT professional and I used to work for a small company here in Atlanta Georgia (let's call ... A: You have two options. You can file a claim with the Georgia Department of labor and wait for them ...
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| work threating me even though i have a Dr's note | 7/20/2009 |
Q: i work in a company in Illinois. and i was diagnosed with a a bulging disc in my neck that pinches ... A: If you have been with the company for a full year and the company for a whole year you can ask to be ...
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| have not got 4 weeks wages in 18 weeks | 7/20/2009 |
Q: I have not got payed for 4 weeks work i done back in march and left my because of that, Every time i ... A: This is against the law, you must be paid your wages when they are due. You need to put in a claim ...
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| Lunch breaks | 7/20/2009 |
Q: I have looked into federal and local regulations regarding lunch breaks and still don't seem to have ... A: The federal laws do not cover rest periods or lunch periods or breaks. Some state laws do cover ...
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| Minor not being paid for all hours worked | 7/20/2009 |
Q: My daughter is 16, she has been working for a company since she was 14. in the begining she would ... A: The Fair Labor Standards Act (FLSA) says that an employee must be paid for all the time he works, ...
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| electronic job clock | 7/19/2009 |
Q: Our corporation has recently installed job clocks on our school buses which in itself is a good ... A: You might ask them how you are expected to be to work at the correct time if you cannot set your ...
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| Disibility and Garnishment | 7/19/2009 |
Q: I'm currently receiving short term disability that will soon transfer to long term. Can these ... A: I am sorry, I was not that clear. If the checks go through your payroll office and taxes are ...
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| holding positions for injured employees | 7/19/2009 |
Q: I work as general manager for an independently owned/operated restaurant in Michigan. We have two ... A: If you are exempt from FMLA than you do not have to keep the job open for them. The only thing I ...
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| Missed Punches for Hourly Employees | 7/19/2009 |
Q: We have a big issue with employees not clocking in and out and it causes delay for our timekeeper. ... A: You cannot hold pay for missed punches. The Department of Labor says the burden is on the employer ...
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| holding positions for injured employees | 7/19/2009 |
Q: I work as general manager for an independently owned/operated restaurant in Michigan. We have two ... A: You must put them on FMLA which is Family Medical Leave. They have 12 weeks of unpaid leave in which ...
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| Disibility and Garnishment | 7/18/2009 |
Q: I'm currently receiving short term disability that will soon transfer to long term. Can these ... A: This would be determined by your state law. If you state law consideres the amounts for disability ...
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| salary-exempt partial work day | 7/18/2009 |
Q: Salary-exempt employee for a company in Massachusetts. My "work hours" are technically 8:30 to 5:00 ... A: Salaried exempt are paid for partial days worked. Vacation and personal time are considered fringe ...
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| docked pay | 7/18/2009 |
Q: i recently was out of work for 5 days due to a medical reason, i supplied a note issued by my doctor ... A: The company can use your vacation days to cover the time out sick. Vacation is a fringe benefit ...
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| profit sharing | 7/18/2009 |
Q: I hope you can help me. I was placed on temporary disability earlier this year and am having lots of ... A: She cannot keep your profit sharing account money if you are vested in the plan. some plans have a 4 ...
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| have not recived my paycheck yet | 7/17/2009 |
Q: I got a qustion for you, I got into this company ( Direct Service Group AKA allite Marketing) ... A: File a claim for unpaid wages with the Department of Labor. You can also take the employer to small ...
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| Minor not being paid for all hours worked | 7/17/2009 |
Q: My daughter is 16, she has been working for a company since she was 14. in the begining she would ... A: She must be paid for all the hours she works. She cannot be paid for 1/2 the hours she works, it is ...
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| Late work schedules | 7/16/2009 |
Q: I currently work at a hotel and our work week is Friday through Thursday and my boss is not putting ... A: It would be a good business practice for the supervisor to put the schedules out a couple of days in ...
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| Possible Descrimination Related to Health Care Benefits | 7/16/2009 |
Q: I work for a nonprofit organization. I was hired last September. Our new office manager was hired in ... A: It does not sound like you are being treated equal or fairly. However, the discrimination rules are ...
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| Working past scheduled shift/hourly | 7/16/2009 |
Q: I am an hourly worker at a large retail store in Wisconsin. The store manager indicated that before ... A: Under the Federal FLSA regulations it says you must be paid for all the time you work. There are no ...
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| Holiday and Overtime on the same day | 7/16/2009 |
Q: We had an employee who worked 42hrs in the week and then worked an additional 8hrs on the 4th of ... A: We pay our employees double time and a half if they work on the holiday. If the other employees got ...
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| Exempt employees | 7/16/2009 |
Q: Can an employer require a salaried, exempt manager to work 2 14 hour shifts on weekends in lieu of 2 ... A: Salaried exempt employees do not have a normal hourly working period. They are not paid by the hour ...
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| break periods | 7/15/2009 |
Q: Does my employer have the right to not allow cell phone use or go outside the building, on a short ... A: This is at the option of the employer. They could make an exception for salaried employees, ...
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| Full time vs Part time Employment | 7/15/2009 |
Q: I am a worker in a retail store in WI. I am working 40 to 40+ hours a week. I have talk to my ... A: In most companies 30 hours is considered full time, it is in our company,some companies consider 35 ...
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| medical leave vs FMLA | 7/15/2009 |
Q: Due to our growth, we have recently come under FMLA, but haven't changed it in our handbook. The ... A: Type up a one paragraph revision to your handbook and ask all the employees to place it in the ...
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| hours scheduled vs hours worked | 7/15/2009 |
Q: I am an hourly employee in Ohio and work for a large communications company. I am scheduled for 20 ... A: There is no federal law for reporting time pay. Some states do have such a law. In California it is ...
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| break periods | 7/15/2009 |
Q: Does my employer have the right to not allow cell phone use or go outside the building, on a short ... A: The company does have the right to limit short paid breaks. They can have a policy of no cell phone ...
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| unpaid time off | 7/14/2009 |
Q: I live in Massachusetts and have a question about unpaid time off. I was sick with pneumonia in ... A: If you have not been with the company long enough for FMLA there are no laws that protect your job ...
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| employer refusing to pay me for time i have worked | 7/14/2009 |
Q: how &who do i go to get wages for time i have worked and my employer is refusing too pay me because ... A: They are responsible to pay your wages as long as they allow you to work. You need to file a claim ...
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| payroll check stub | 7/13/2009 |
Q: My employee wants me to suppress printing her routing and account # on her check stub. Her funds ... A: The banking information does not need to be printed on the check stub. The name, address, amount of ...
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| Being Paid for time worked | 7/13/2009 |
Q: I worked for a child day care. My employment was terminated after only two weeks of working. Their ... A: It is illegal not to pay you the wages you earned. You must be paid all the amounts you earned. If ...
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| Ohio - have to accept work when on unemployment? | 7/13/2009 |
Q: Laid off indefinately 5/29 called back to work week of 7/6 called back to work week of 7/13 asked if ... A: You could, but with the economy the way it is if you wish to go back to work for the company when ...
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| Holiday Pay | 7/13/2009 |
Q: Our company policy states that if a holiday falls on a Saturday, employees get the Friday as a ... A: No only one day of holiday pay is required. If the employee is salaried exempt the only requirement ...
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| Salaried employee leaving early | 7/13/2009 |
Q: The nurse in a solo physician office is a salaried employee. The nurse frequently leaves early ... A: If a salaried employee works part of a day she must be paid for the entire day. There are a couple ...
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| Work condistions and breaks | 7/12/2009 |
Q: I just recently moved to Texas and started a job as a pastry chef and I feel as though the ... A: The Texas Payday Law does not address the issue of rest breaks or meal breaks. There is no current ...
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| still not paid | 7/12/2009 |
Q: My wife works for Deer Vally school District in Phx,Az Her last paycheck is mailed at the end of the ... A: She should be receiving it soon. My daughter works for Santa Cruz school district and she just ...
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| Tax withheld on Vacaton payout | 7/12/2009 |
Q: I have recently been laid off. I will receive a pay out of my entire accumalted vacation in a lump ... A: The W-4 is generally not used to figure vacation pay. There is a rate called a supplemental wage ...
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| Pay Reduction | 7/10/2009 |
Q: I live in Ontario Canada Recently my employer changed my status from contractor to a full time ... A: I understand that you think it was an employment status change. I am saying to you that you may ...
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| 2wks given and have a vacation available | 7/10/2009 |
Q: Earlier in the year my company took away vacations away from all mangers to save money and no one ... A: In the state of Maryland it depends on the policy of the company. If the policy of the company says ...
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| Pay Reduction | 7/10/2009 |
Q: I live in Ontario Canada Recently my employer changed my status from contractor to a full time ... A: If you were a contractor before and you are now an employee it was not just a status change. You ...
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| 2 Questions | 7/10/2009 |
Q: Annual Review: my company does an annual review of all employees. I had to turn in my self ... A: The government and labor laws do not regulate raises or performance reviews. The only time this ...
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| clean up and uniform changing during shift work | 7/10/2009 |
Q: Can a Ohio employer require an employee to change in and out of required uniforms and clean up after ... A: No this is illegal and it is federal law. The Fair Labor Standards Act says that an employee must be ...
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| Payroll Holdback | 7/10/2009 |
Q: I work in a union office. Several years ago we signed an agreement with the company that they would ... A: We did go through a similiar experience where we changed our payroll from semi monthly to bi weekly. ...
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| I was full time, now I work 2-3 days a week | 7/9/2009 |
Q: I was full time, now I work 2-3 days a week, When I am off a full week I collect unemployment, Can ... A: Yes you can collect unemployment for the weeks you only work a little, but only if you do not earn ...
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| work and vacation time | 7/9/2009 |
Q: I work with a company for 9 year and I just recently quit without notice. I want to know if I still ... A: In the state of Michigan the laws for payment of vacation pay upon termination say Written ...
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| LAID OFF WILL NOT PAY VACATION PAY | 7/9/2009 |
Q: I WAS LAID OFF ON JULY 2ND AND AT FIRST THE CEO AND HUMAN RESOURCES TOLD ME THEY WOULD PAY ME MY TWO ... A: Illinois says that the company can have a use it or lose it policy. It also says that accrued days ...
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| Severance and PTO payments in Texas | 7/9/2009 |
Q: A group of us were laid off from a multimillion dollar healthcare company in Texas. We have unused ... A: Vacation is not required in Texas, however, if there is a written employment contract or an employer ...
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| Employer has refused to send payroll check | 7/9/2009 |
Q: My employer has refused to send my last payroll check after I tendered notice to retire. I am a NC ... A: You can try and fight for it, but I do not know that you will be successful because even though you ...
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| LAID OFF WILL NOT PAY VACATION PAY | 7/8/2009 |
Q: I WAS LAID OFF ON JULY 2ND AND AT FIRST THE CEO AND HUMAN RESOURCES TOLD ME THEY WOULD PAY ME MY TWO ... A: In most states vacation pay is not required to be paid. It is between the employee and the employer ...
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| terminating/refusing medical emergency help | 7/8/2009 |
Q: ok so i started my job in January of 09! i informed them as soon as i started i have anxiety and i ... A: Here is where you can file a claim in Nebraska. ...
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| sick pay | 7/8/2009 |
Q: I INJURED MY SELF AT WORK PAYED ON SALARIED SHOULD I GET MY BASIC PAY FOR SO MANY WEEKS ANSWER: ... A: This would be a case that would need a Solicitor to review and determine if there is any merit for a ...
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| sick pay | 7/8/2009 |
Q: I INJURED MY SELF AT WORK PAYED ON SALARIED SHOULD I GET MY BASIC PAY FOR SO MANY WEEKS A: Your company will have insurance that covers these type of accidents, usually called a worker's ...
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| Employer has refused to send payroll check | 7/8/2009 |
Q: My employer has refused to send my last payroll check after I tendered notice to retire. I am a NC ... A: Do you have any documents showing that the vacation time was approved by a supervisor or Human ...
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| Payroll distribution and picking up paychecks | 7/7/2009 |
Q: Is it legal that my employer is taking my paycheck on payday(a Friday) to an offsite area where a ... A: If you do not wish to attend the function you can go pick up your paycheck and leave or you can ...
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| mail pay check | 7/7/2009 |
Q: I have talked to some of my coworkers who do not have direct deposit like I do. Is there any laws on ... A: If the employee opts for a mailed check than the check must be mailed out on payday. So if Friday is ...
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| pay stub question | 7/7/2009 |
Q: I have been employed by this company for a little over 3 months now and have not gotten a pay stub ... A: The state of Florida has no provisions for pay statements. The only provision they have is that Farm ...
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| charging money for time card missed punches? | 7/7/2009 |
Q: I work for a car dealership and our supervisor has put a bucket out that we are to put a dollar in ... A: It is illegal if the employee is made to pay the money. If someone does not pay it in than the ...
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| man/woman pay differences | 7/7/2009 |
Q: I work in Indiana and have been at this company for 3 yrs. I started out in one dept. as part-time. ... A: President Obama did sign a law called the Lilly Ledbetter Act. It is a law that says a male cannot ...
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| worker's taxes? | 7/7/2009 |
Q: My mother-in-law is currently working for a local gas station here in Jackson TN. She does not get a ... A: This is not legal. Timecards have to be kept for at least 4 years. She should be paid on the same ...
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| unpaid vacation | 7/6/2009 |
Q: I was terminated on June 3rd 2009 after working 1 1/2 years. They did not pay me my vacation pay I ... A: If they have a policy saying they do not pay out vacation upon termination than they do not have to ...
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| terminating/refusing medical emergency help | 7/6/2009 |
Q: ok so i started my job in January of 09! i informed them as soon as i started i have anxiety and i ... A: I am suprised that you could not find an attorney that would give you a free consultation as there ...
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| Write up notification? | 7/6/2009 |
Q: My current place of work does not notify a person if they have been written up. This, of course, ... A: The employee should be told if he is being written up. A warning whether verbal or written should ...
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| Not being paid in a timely manner. | 7/5/2009 |
Q: I have worked for a restaurant for 5 years. I am a college student and live on my own with no help ... A: This is not legal for your boss to do. You must be paid in a timely manner. The company should set ...
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| Is a forced demotion and pay cut discrimination? | 7/5/2009 |
Q: My employer informed me last week that my job title was being changed and my salary reduced by 23%. ... A: This could be considered age discrimination unless the company can prove it was for performance ...
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| Wages in restaurants & tip pool | 7/4/2009 |
Q: I have a couple of questions for you. First of all, I work in a restaurant and "open" in the morning ... A: If you work and recieve tips your employer is allowed to pay you the 2.13 per hour. It does not ...
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| termination with no notice | 7/4/2009 |
Q: I was picked up for OUI charge 45 days ago. I continued to work for a sandwich shop. My boss put ... A: He can only give the truth in a reference. If he tells anything that is not the truth than he can be ...
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| Law about receiving check on day of lay-off? | 7/3/2009 |
Q: Friend, good work ethics,not notified, laid off when reported for work one day. Two men walked him ... A: There are no laws broken here, but he should be paid in the time frame that is listed in the rules ...
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| MY CHECK IS COMING SHORT! | 7/2/2009 |
Q: LAST PAYCHECK MY CHECK WAS SHORT 4HRS. AND I TOLD MY OFFICE MANAGER AND HE SAID THAT HE WAS SORRY ... A: You need to talk to your HR or Payroll representative and find out why your check is short 4 hours. ...
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| employment termination for medical condition (hepC) in food industry | 7/2/2009 |
Q: I work for Larimer County Community Corrections in Colorado. We have a client that is working for ... A: The company may ask for medical certification for fitness to work if the employee has been ill more ...
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| FMLA question | 7/2/2009 |
Q: our organization consists of multi companies, for which there are multi payrolls. Combined we have ... A: FMLA applies to all public agencies, including state, local and federal employers, local education ...
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| Direct Deposit | 7/2/2009 |
Q: Can an employer in the state of california charge the employee for direct deposit? A: The employee must authorize the direct deposit and must be allowed to choose the financial ...
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| Employer changed from salary to hourly without notice/does not pay on time | 7/2/2009 |
Q: I work for a landscaping company in Michigan and when I was hired, I was told I was a salaried ... A: First of all the job should have been an hourly job. Even if you get a salary that does not mean you ...
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| Saturday work | 7/1/2009 |
Q: I work in a warehouse in California and the manager scheduled us to work 4 hours this past ... A: Usually you would be compensated for 1/2 of the scheduled hours for that day. You were scheduled for ...
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| Vacation Pay out after termination | 7/1/2009 |
Q: I have recently been let go from my job in Wisconsin. I had 131 hours of unused vacation time. I ... A: Yes they can if their handbook says you must be there a year in order to be paid out vacation pay. ...
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| NY Law governing paid / unpaid internships | 7/1/2009 |
Q: Where can I find a downloadable copy of the NY law governing paid/unpaid interns? Also, Both the ... A: I think that the links below will help you out. There is not a specific law on the books that ...
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| Holiday pay | 7/1/2009 |
Q: I work Mon-Thurs at my company and am considered a full time employee. Our employment manual states ... A: The labor laws do not cover vacation time. This is considered a fringe benefit that is given to you ...
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| work week vs pay period | 7/1/2009 |
Q: I'm employed in California My employer States that the work week is Tues thru Mon..However we work ... A: The workweek can start with any day the employer wishes to start it. it is up to the employer on ...
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| Can my employer clock me out? | 6/30/2009 |
Q: I work for a small franchise, about 11 people, and when we close up shop, my manager on duty picks a ... A: This is not acceptable. You should be clocking in and clocking out. The managers can adjust time but ...
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| Late Pay due to Vacation | 6/30/2009 |
Q: :) I work in MA at an Internet Publishing Company, and the company is only open Monday-Friday. When ... A: Massachusetts is a little different than most states. Most states say that the employer must choose ...
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| FMLA | 6/30/2009 |
Q: I have a question regarding FMLA, when my baby is born I will be about 30-45 days shy of my one year ... A: To be eligible for FMLA benefits, an employee must: • work for a covered employer; • have worked for ...
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| calculation of unused vacation time | 6/30/2009 |
Q: Company policy is to pay unused vacation time at time of termination. How is that caculated? Annual ... A: If the employee is hourly it is 8 hours times the hourly rate times the days due. ...
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| breaks and lunches | 6/30/2009 |
Q: As with many, my employer is cutting back hours. I am scheduled for a 5hr 45min workday rather than ... A: If you work 6 hours than you are paid for 6 hours. If lunch breaks are worked and not taken they ...
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| Part-Time/Full-Time | 6/29/2009 |
Q: I have been working for my employer since August 2008. I was hired in at part-time with the ... A: If you are working full time you should be classified as full time and have all the benefits of a ...
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| Overtime & Making up holidays | 6/29/2009 |
Q: I am an exempt employee (CPA) and my office recently asked us to work a mandatory 45 hour work week ... A: Salaried exempt do not work hours. They are paid a salary which is always the same to do a job. The ...
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| returning from FMLA i am expected to wrk at a diff loc 30 min further.able to collect if i resign ? | 6/27/2009 |
Q: have been on FMLA for5 mnths due to high risk pregnancy with twins,so the 12 wk time they have to ... A: If you have exhausted FMLA the company no longer is required to hold your job for you. They may ...
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| short pay | 6/27/2009 |
Q: i work for kfc gb, i am a duty manager, for a few weeks now me and the 3 other duty managers at our ... A: You can contact ACAS at Acas helpline: 08457 47 47 47. They will help you decide the best way to ...
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| ON CALL RATE | 6/26/2009 |
Q: Here goes i work as project manger for a company who provide supported living for people with ... A: Your pay will not change, but the hotel should be paid for and you should be given an allowance for ...
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| Withholding the first paycheck? | 6/26/2009 |
Q: My husband has just started with a new construction company after being laid-off for nine months. ... A: You contact the department of labor if he is not paid for all the wages. They cannot withhold pay ...
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| distribution of paycheck stubs | 6/26/2009 |
Q: Is it illegal for a company to only distribute payroll stubs online? Does an individual employee ... A: It is legal to do this if every employee has a computer and a printer they can use to print it off, ...
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| salary | 6/26/2009 |
Q: my question is i am on salary at this time and my supervisor is upset that i am going back to ... A: Any employer at any time can make any employee hourly. It does not matter what job you do the ...
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| time waiting...do we pay? | 6/25/2009 |
Q: i work for a telemarketing company. there are days when an employee will be pulled off the phones ... A: If they are asked to wait than they should get paid for waiting. If it is their option to leave and ...
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| Salaried employee must make up time | 6/25/2009 |
Q: I work for a company in Texas. I am a salaried advertising assistant. My company does not provide ... A: If you are salaried exempt this is not legal. If you are exempt from overtime and are not paid ...
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| holiday pay | 6/25/2009 |
Q: I get paid holidays at my job and i will be working 40 hours next week and there is a holiday on ... A: Some companies give an alternative day off if the holiday falls on a non work day and some do not. ...
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| Can my employer withhold paychecks? | 6/25/2009 |
Q: I live in FL and the laws here are not very helpful! I put in my two weeks notice one week ago ... A: They cannot legally hold your paycheck. The federal government FLSA says you must be paid for all ...
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| Mandatory Hours for Salary Exempt Employees | 6/24/2009 |
Q: Can an employer mandate how many hours per day and week a salary exempt employee has to work in ... A: An employer can ask a salaried exempt employee to work as many hours as it takes to get the job ...
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| salaried employees clock in/ out | 6/24/2009 |
Q: I saw a similar question asked to you, but I am still confused. Where I work (public Texas school) ... A: The company may ask employees to clock in and out, it is not illegal for them to do so. Doesn't ...
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| Comp Time and Mandatory Vacation | 6/24/2009 |
Q: I am being laid off of my job and requested a print out of my hours. I am a salaried employee who ... A: Unless you are a public or governmental employee it is illegal to save overtime. Comp time is not ...
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| direct deposite error | 6/23/2009 |
Q: If an employer makes a direct deposit mistake into an ex employees account(in benefit of the ex ... A: There is no law that protects someone from being overpaid. If you were overpaid you should have ...
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| Uncashed payroll check deadlines | 6/23/2009 |
Q: How long does an employer need to wait before they can void a payroll if it is not cashed by the ... A: Each state has it's own ESCHEAT laws. After the period of time listed by that state the payroll ...
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| hours and salaries persons | 6/22/2009 |
Q: I know most of the time salaried persons work more than 40 hours per week, however I know of a ... A: Salaried employees are paid by the job and not by the hour. It really doesn't matter as long as the ...
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| time clocks. | 6/22/2009 |
Q: I have punched a time clock at most of the jobs I have held in my life, so I am confused as to the ... A: She can have the timeclock people set the clock to round to the nearest 15 minutes if she cannot do ...
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| Harassment | 6/22/2009 |
Q: A direct report came to me to complain that our manager said unwanted/unprofessional things to her ... A: I hope you have documentation. This is not your responsibility, it is the responsibility of Human ...
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| manager's meals | 6/22/2009 |
Q: As a manager who is paid hourly, is it legal to force me to take an unpaid half-hour lunch when I am ... A: If you clock back in than you are paid for the time. Yes it is okay to expect that of a manager, ...
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| deducting meals from wages | 6/22/2009 |
Q: Is it legal to deduct a half-hour meal period from employee's wages when they have not taken the ... A: It is not alright just to deduct the meal period if it is not taken than the time should be paid to ...
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| Change in pay structure | 6/21/2009 |
Q: I have been working for a service company for over 3 yrs making a commission based wage and only ... A: The employer may change your payment method as long as you are earning at least minimum wage and ...
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| annual increase | 6/20/2009 |
Q: I work on a contract that gives my company a 5% increase each year but I signed an employment ... A: If you signed a contract for a 3.5% increase that is all that they are required to give you under ...
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| Time cards | 6/19/2009 |
Q: As a truck driver (tractor-trailer) we are constantly being threatened by our supervisor ... A: Timesheets are not to be tampered with they are legal documents. The logs are legal documents and ...
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| incorrect paycheck | 6/18/2009 |
Q: How long does a private company in Illinois have to make good on a pay check that is short hours. I ... A: Many companies add the incorrect amount to the next regular payroll check. You need to call your ...
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| Return to work - Medical Leave | 6/18/2009 |
Q: I am salary-exempt employee returning to work part-time after being on medical leave. My HR manager ... A: Yes, as long as you are on part time because of the medical condition they may deduct FMLA hours ...
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| distribution of paychecks | 6/18/2009 |
Q: I was under the impression that paychecks MUST be distributed in an envelope. Is that true? A: There is no specific law that says paychecks must be distributed in an envelope. Most companies do ...
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| wages for kitchen staff | 6/18/2009 |
Q: I work at a pizza shop that has five tables in it. Although we do get paid min wage the owners keep ... A: You must be paid at least minimum wages. If you make tips than you can be paid a lower wage but if ...
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| Cashier shortages in Georgia | 6/17/2009 |
Q: My wife works at a fast food chain. The managers do not let her count her drawer to begin the day. ... A: Unless the employee counts the money before the till is started and after it is finished for the ...
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| need advice | 6/17/2009 |
Q: i have recently quit a job and the owner of the business has been withholding my check and or checks ... A: You have a couple of options. You can file a claim with your local Department of Labor and wait for ...
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| vacation pay | 6/17/2009 |
Q: I live in the state of PA. I recently quit my job and would like to know if there is any kind of ... A: There is no Pennsylvania labor law which requires an employer to pay an employee not to work. ...
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| terminating an employee on med leave | 6/16/2009 |
Q: Pete is on medical leave (work comp) for 8 weeks. We replaced him temporarily with Rich. Rich does ... A: You would be better off not to do this at least not until he returns from leave. It could be viewed ...
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| Late change to workweek schedule | 6/16/2009 |
Q: Our company is in CALIFORNIA and the workweek starts on Saturday. Hourly employees worked on ... A: California labor law says overtime is anything more than 8 hours in one day. If you worked more than ...
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| Employer altering hours worked records | 6/15/2009 |
Q: My employer is altering the hours I work in the computer record system. Is this an employer ... A: The employer is allowed to round time on timesheets to the nearest 10 or the nearest 15 minutes ...
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| final paycheck, Georgia | 6/12/2009 |
Q: I resigned from my company about 2 weeks ago. Regular direct deposit was supposed to be today. ... A: Often employers and workers disagree over final amounts due. The Fair Labor Standards Act requires ...
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| TIME CLOCK REQUIRED BY LAW? | 6/12/2009 |
Q: I WORK IN A MEDICAL OFFICE WITH A TOTAL OF 5 EMPLOYEES INCLUDING THE DR. WE DO NOT HAVE A TIME ... A: A time clock is not required, but timesheets are. The office you work at should be keeping weekly ...
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| Last Paycheck | 6/12/2009 |
Q: My husband quit his job because they cut his pay in half. It has been 4 weeks and they still have ... A: He should have received his final pay check at least by the next regular payperiod if not before. He ...
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| Salaried employee work day/week | 6/12/2009 |
Q: If I understand correctly a salaried employee should get the same salary if they work 80 or 30 ... A: Salaried exempt employees are not paid by the hour thus it does not matter how many hours are ...
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| Uniform deductions in TX | 6/12/2009 |
Q: Is it legal for a Texas employer to force an employee to pay ½ the cost of a uniform that only ... A: Deductions should not be made without authorization from the employee: Sec. 61.018. DEDUCTION FROM ...
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| breaks n lunch for 8 hour shift | 6/11/2009 |
Q: what are the pa laws on how many breaks you get during an 8 hour shift ? A: Breaks are not required to be given under PA law if you are 18 or over. If you are given a break ...
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| HELD PAYROLL CHECK? | 6/11/2009 |
Q: I HAD AN ADVANCE WITH MY COMPANY. THAT I WAS PAYING BACK. I GOT TERMINATED. THEY DECIDED TO HAVE ALL ... A: You have two options. You can put in a claim with the Department of Labor , wait for the ...
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| Delayed Hourly Pay | 6/10/2009 |
Q: I work for a large nationwide company. I am hourly and we get paid every other Friday. We were ... A: It is not legal if it happens all the time. I think if it is a one time systems error and if they ...
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| Offered payout to leave my job!! | 6/10/2009 |
Q: I worked in a large private company until today. I had a really bad attendance record due to ... A: It is unfortunate that you were unhappy with your Manager and that you unfortunately had attendence ...
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| payroll dates falling on holidays | 6/10/2009 |
Q: What is the Federal ruling on paydates that fall on a holiday (ex. 1/1/09). Are we required to date ... A: There is not a federal ruling that regulates this. All the law says is that the employee must be ...
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| Holiday pay | 6/10/2009 |
Q: I have an employee handbook that states I get paid for 7 1/2 holidays per year, with each holiday ... A: If the company policy states that you are paid for 7 1/2 holidays per year than you should be paid ...
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| Unknowingly terminated | 6/10/2009 |
Q: I was laid off from a seasonal resort on April 8, 2009 in CA. Like many others that were laid off, ... A: This is very unfortunate that they are being vindictive against their employees. You can report it ...
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| Holiday pay | 6/10/2009 |
Q: A friend in TN recently got fired from his job of over a year for tardiness, he had an agreement ... A: Vacation time in the state of Tennessee is not regulated by law and is not required to be paid upon ...
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| pay check | 6/10/2009 |
Q: My boss recently changed the office policy regarding pay checks. We now receive our checks 3-5 ... A: You should have a set day for payday and your check should be recieved each payday on the same day. ...
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| Base Pay for Hourly Employees | 6/9/2009 |
Q: Is there a standard for using a base pay system to pay hourly employees. My company was using a ... A: This is the exact formula that we use and that everyone I know uses also. We pay our salaried ...
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| Possible discrimination, privacy issues? | 6/9/2009 |
Q: I apologize for the length of this question, but I have multiple issues I would like addressed. I ... A: My suggestion to you would be if you cannot talk to HR than the only other place to go is to the ...
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| Firing | 6/9/2009 |
Q: Can you be fired from a job because you did not report an injury that occurred on the job when you ... A: They can deny you unemployment benefits for this incident if they judge that it was what caused you ...
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| laid off and won't pay my vacation time | 6/8/2009 |
Q: They came to me and stated they were out of money and would not need my services anymore (one day ... A: It depends on which state you work in and the policy of the company. Have they paid out vacation ...
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| Compulsory Direct Deposit - CO | 6/8/2009 |
Q: Can a company make direct deposit for payroll mandatory in Colorado? A: Colorado- From Colorado Division of Labor http://www.coworkforce.com/lab/AB.pdf Colorado employers ...
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| Workplace rights | 6/8/2009 |
Q: In a 12 hour shift am Ilegally alowed any breaks during my shift alalowed. I a lunch A: Most jurisdictions in Canada (British Columbia, Manitoba, New Brunswick, the Northwest Territories, ...
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| Vacation accrual maximum reduced from 2x to 1.5x | 6/6/2009 |
Q: I have a question regarding my company's change in vacation accrual policy in an attempt to reduce ... A: U.S. Federal law does not regulate vacation time. It is considered a fringe benefit given to you by ...
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| Continuing Education required but not being paid to attend | 6/6/2009 |
Q: My employer has been required by the FDA and ACR (American College of Radiology) to provide 8 hours ... A: If you are paid by the hour and you are required to take a seminar than you must be paid your wages ...
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| Verbal warning | 6/5/2009 |
Q: I was given a written warning about tardy's today. The form stated that I was given a Verbal warning ... A: Verbal warnings are first or second warnings and are all verbal which is why they are called verbal ...
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| severance | 6/5/2009 |
Q: I have been on disability for 2 yrs now due to surgery on my elbow. It wasn't a work related injury. ... A: You would not be better off getting a lawyer because you have not been treated unfairly. Your were ...
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| doctors note | 6/5/2009 |
Q: we were recently informed that we will get written up for calling in sick and we need a doctors note ... A: It is whatever is written in your employee handbook. I have 5 days written in my employee handbook ...
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| Firing | 6/5/2009 |
Q: Can you be fired from a job because you did not report an injury that occurred on the job when you ... A: You can be fired for this because you have broken company policy. I am sure your company has a ...
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| vacation days or unemployment benefits | 6/4/2009 |
Q: My company policy is as follows: They will shut down the for one week and we the employees must use ... A: If the plant is shut down for a week you can file for unemployement benefits, but there is a waiting ...
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| Terminated w/ Resignation Letter | 6/4/2009 |
Q: I was recently terminated from a job in Colorado. This was the first time I had ever been terminated ... A: If you quit you cannot draw unemployment. If you are terminated you can if you are not terminated ...
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| exempt employees and time cards | 6/4/2009 |
Q: In CA, are exempt employees required to turn in time cards? My employer is requiring we turn in a ... A: There is no law against the company requiring salaried employees to fill out time sheets. It is ...
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| Mandortory Vacation time | 6/4/2009 |
Q: As an employer, we offer 2,3,4 and 5 weeks vacation. My question is (1) employees that have 3 or ... A: There is not a mandatory vacation law. Vacation is considered a fringe benefit of the company. It is ...
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| vacation pay & last week worked | 6/4/2009 |
Q: South Carolina- My girlfriend quit her job on Friday after being out sick for tue(Mon was a holiday) ... A: Some states require the payout of sick and vacation time SC is not one of them. You can sue in ...
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| Required overtime pay for salaried position | 6/3/2009 |
Q: MY husband is considered a salaried employee by his company and is paid for 44.5 worked per week. ... A: Salaried exempt employees are not paid by the hour but by the job. There is no limit to the amount ...
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| health insurance deductions | 6/3/2009 |
Q: I am paid bi-weekly and received three paychecks in May. Payroll deducted health insurance premiums ... A: It depends on how they have their payroll set up. I divide the annual payroll deduction for ...
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| Direct Deposit Laws | 6/3/2009 |
Q: I was wondering if there has been a new federal law recently passed regarding how quickly direct ... A: I don't know about any federal laws that state this. The banking industry requires a certain amount ...
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| Unused Time/No Company Policy (MI) | 6/3/2009 |
Q: I am a former employee for a Michigan company. When I started work my employer told me it does not ... A: Vacation and Sick time are left up to the employer. It is between the employer and the employee. It ...
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| Vacation Pay for employees not working... | 6/3/2009 |
Q: Can an employee insist on getting paid for holidays they are not scheduled to work? The company is ... A: Legally you do not have to pay for holidays. The FLSA rules do not cover holidays, this is by ...
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| time and a half | 6/2/2009 |
Q: If your employer pays you every two weeks, does anything you work over 40 hours in the first week ... A: Each week stands alone. You should be paid overtime on all hours over 40 hours in any one week. No ...
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| Alteration of time records by supervisor | 6/1/2009 |
Q: I have a friend that is a hourly employee (teacher) for a private school. She is contracted to work ... A: The problem is that the employee should have been told that this is not permissible. The school is ...
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| Paying out unused Personal Holidays | 6/1/2009 |
Q: Are there any federal regulations that require us to pay out unused personal holidays to employees ... A: I am not sure what you are referring to when you state a Sovereign nation which emulates federal ...
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| salary clock-in, clock-out on call 7 days a week | 6/1/2009 |
Q: i am a network administrator for a large auto dealership. i am on call seven days a week. i will ... A: It is not illegal for the company to require salaried employees to clock in and out. It is legal and ...
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| Un-employment benefits and consulting after lay-off | 6/1/2009 |
Q: I was recently laid-off. As part of the severance package, I was given a two-month consulting ... A: Each week when you report in your unemployment wages you will list all the amounts earned for that ...
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| Payroll problems | 5/31/2009 |
Q: I've worked for this company for nearly six months and there has not been any problem with me ... A: It is legal for your boss to mail out checks in the mail as long as they are postmarked on payday. ...
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| Denied a job in Tennessee due to having Rheumatoid Arthritis. | 5/31/2009 |
Q: I went to a job interview for a welding position (which I have done for years) a couple of months ... A: This is highly illegal. You have been discriminated against under the American Disabilities Act. You ...
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| fmla | 5/31/2009 |
Q: I was on an approved fmla leave when I received a phone call from my managers. They called to see ... A: It is not a violation to call you or to have you come in if you are able to discuss plans for your ...
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| Payroll shortage | 5/29/2009 |
Q: I was terminated and they shorted me a day's pay. They say that I forgot to punch out but I had ... A: You need to have the supervisor that brought you back send in your hours to payroll so they can pay ...
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| temporary shutdown | 5/29/2009 |
Q: We are closing our manufacturing plant for 2 weeks some people are using vacation some are not. Can ... A: There is a waiting week for Unemployment during which no work can be performed or no vacation pay ...
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| Job Offer | 5/29/2009 |
Q: The president of a Pa university that I had previously worked called me to offer a position (Dir of ... A: You do not have anything in writing stating that you have been given the position, and you have ...
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| lunch break | 5/29/2009 |
Q: I was asked to sign a paper that stated I put a patient in danger, because I didn't help the patient ... A: If a patient was indeed in danger because you did not help on your lunch break and you have a policy ...
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| re: salaried employees | 5/28/2009 |
Q: I was just released last week by Ritz Camera, which has liquidated 50% of their stores nationwide. ... A: Yes this is legal. Vacation time is accrued time and if the policy sets it as such it is usually ...
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| Executive payroll deductions | 5/28/2009 |
Q: My husband was a SVP with a company in Florida at the time of his death in June, 2008. In January ... A: If it was deducted that somewhere it was authorized. I can almost guarantee that. In some ...
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| sick pay | 5/28/2009 |
Q: My employer of 4 years gives each employee 40hrs of sick pay the first of every year. He now has ... A: It depends on in which state you are and what the company policy says about accrued time. Most ...
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| Federal and State Withholding | 5/28/2009 |
Q: I have just learned that my employer has failed to pay the money withheld from my paychecks to both ... A: There is a law called the "Whistleblower Law" that protects you from being fired for reporting such ...
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| Federal and State Withholding | 5/28/2009 |
Q: I have just learned that my employer has failed to pay the money withheld from my paychecks to both ... A: The first thing you need to do is contact the California State Department of Labor. You also need ...
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| Employment Law | 5/28/2009 |
Q: If someone works on a construction site (highway) and the crew does something wrong unknowingly, can ... A: He can be suspended and if you are in a right to work state he can be fired without a reason. If I ...
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| Breaks for Salaried employees | 5/28/2009 |
Q: I am a salaried manager in casual dining. Our company is going non-smoking, including on their ... A: Salaried employees are not paid by the hour. If they work part of a day they must be paid for the ...
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| Raise take away/Retaliation? | 5/28/2009 |
Q: My Employer gave some of the people some of the people I work with a raise. I told my co-worker that ... A: It is not illegal for you to discuss your salary, federal laws prohibit companies from retaliating ...
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| Fired in Texas | 5/27/2009 |
Q: I was fired in May from a marketing agency for having 3 errors over a 1 year period. The errors ... A: Texas does not require vacation and holiday pay to be paid. They require the employers to set policy ...
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| FT to Part Time | 5/27/2009 |
Q: Can an employer force a shift to part-time? If the part time position is refused is this considered ... A: The employer can put all or part of a shift on part time. If there is a drastic change in your hours ...
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| Bully manager | 5/27/2009 |
Q: McAllister, My name is Peter Driedger. My Position is Sanitation Manager and I have a hard time ... A: Document all the times and have your employees report it and document that. Schedule a meeting with ...
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| Why | 5/27/2009 |
Q: Why is the U.S. Department of labor letting employers violate federal law? Federal laws, regulations ... A: Federal law does not prohibit tip pooling and many states have laws providing for tip pooling. The ...
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| Executive payroll deductions | 5/27/2009 |
Q: My husband was a SVP with a company in Florida at the time of his death in June, 2008. In January ... A: Many companies charge the employee for coverage over 50,000 because if they pay it than they have to ...
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| Withholding/Delaying Pay | 5/27/2009 |
Q: My employer wants to institute a new policy where our pay is withheld and delivered the number of ... A: This is not legal. The employer is supposed to set paydays for the company and all the employees are ...
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| re: salaried employees | 5/27/2009 |
Q: I was just released last week by Ritz Camera, which has liquidated 50% of their stores nationwide. ... A: If you are salaried and work any part of a day than you must be paid for the entire day. I do not ...
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| Holding pay after Termination | 5/27/2009 |
Q: I was terminated from a bus company in MD. The problem is....the boss gave me an advance in pay ... A: This is not legal, he cannot keep your final checks. He can only take out the 20.00 out of each ...
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| Employer missed payroll | 5/26/2009 |
Q: I work for a small company, 40 employees, and my boss did not pay us last week. I have asked for a ... A: You can file for unemployment because you cannot be expected to work without pay. For the pay owed ...
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| Schedule vs actual work | 5/25/2009 |
Q: My son is working for a retail food chain. He shows up at his scheduled time. Most days his ... A: It is not legal. If he is asked to be to work by a certain time than he should either be allowed to ...
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| Holding a paycheck | 5/24/2009 |
Q: I live in MD. An employer I know receives the pay checks on Fridays but refuses to give them to his ... A: If he hands them out on Monday every week than that makes Monday the payday and yes he can establish ...
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| clocking in and out | 5/24/2009 |
Q: I am having an issue where i am not getting paid for hours worked. I have spoken to my boss about it ... A: The supervisor needs to call payroll and tell them that due to a systems error your timesheet is ...
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| vacation accured to be paid after i quit | 5/23/2009 |
Q: I quit my job. I had 1 week accrued that I did not use, I worked for the company for 1 year and 8 ... A: Q: Does an employer have to offer its employees vacation pay? If so, what are the guidelines? A: ...
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| Unused vacation Pay | 5/22/2009 |
Q: I was recently laid off from my job and was given severance pay as well as unused vacation pay. I ... A: Your vacation pay was a supplemental payment. It is taxed on the supplemental wages which is almost ...
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| holding paycheacks | 5/22/2009 |
Q: is it leagl to hold an emplotees paycheack after quiting off getting fired in the state of navada A: Here is the statutes for the state of Nevada: ...
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| PTO pay out | 5/22/2009 |
Q: I resigned from a hospital here in Phoenix, and they have not paid me my PTO (ETO) in our case. I ... A: In Arizona PTO does not have to be paid out. It is up to the policy of the employer. If the ...
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| holiday pay | 5/21/2009 |
Q: What is the law requarding the hourly pay when required to work on a company paid holiday? And what ... A: Hourly employees only have to be paid for the time they are actually working. They do not have to be ...
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| Payroll check privacy | 5/20/2009 |
Q: Is it legal in the state of Illinois to print the full social security number of the employee on the ... A: I know of no laws in Illinois that would make this illegal. I know that it is in discussion in many ...
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| Paid Breaks | 5/20/2009 |
Q: While working in retail in New Jersey, I worked 9 hours with no break, although our labor management ... A: It very well could fall under a whistle blower law. You would need to call the Department of Labor ...
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| Salary Reduction | 5/20/2009 |
Q: I was hired as a sales manager and been on the job 9 months and now my employer wants to demote me ... A: No actually President Obama passed a new law called the Lilly Ledbetter law. It is not legal to pay ...
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| outstanding work/withholding pay | 5/20/2009 |
Q: Can we hold a paycheck (In Ohio) where the terminated employee has not completed her notes ... A: You cannot withhold a paycheck. It is illegal to withhold an employee's payroll check. I would ...
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| Direct Depsosit -Required in WA state | 5/20/2009 |
Q: When I started I initially elected getting direct deposit and about 6 months in then I changed my ... A: In the state of Washington an employer may choose to require direct deposit as the method of payment ...
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| FMLA pro-rated pay for Exempt employees | 5/20/2009 |
Q: I work in NC and am on intermittent FMLA. I was recently informed by my supervisor that from now on, ... A: FMLA (Family Medical Leave Act ) is unpaid time. The company does not have to pay for time taken off ...
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| My mom was fired and was given an ignorant reason | 5/20/2009 |
Q: My mom was fired from her job because according to the manager and supervisor she was "conflicting". ... A: Your mother should call the Department of Labor and talk to them. They may allow her to draw ...
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| holding pay checks | 5/19/2009 |
Q: can we hold employee's pay check's if they do not turn in all of the required paper work that we ... A: No you cannot hold pay checks. It is illegal to withhold the payroll checks of an employee. You ...
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| Paystub disclosure of earned/used time per policy | 5/19/2009 |
Q: Kansas - Must my employer disclose my earned/used sick days, personal days and vacation days on my ... A: The law does not require it to be on the pay stubs. I would keep my own spreadsheet with my days ...
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| unpaid time off | 5/19/2009 |
Q: I live in chicagi ill and work as a salary employee. we recently were forced to take all of our ... A: That is not true and if he forces you to do that than you can file a claim for unpaid wages with the ...
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| serverence pay | 5/19/2009 |
Q: my husband was injured on the job and is on workers comp. His boss has told him that he is being ... A: I thought that you were either in the UK or from the UK. We do not use the term Redundant in the ...
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| Rental of Security Guard Uniforms | 5/19/2009 |
Q: I own a security guard company. The NJ labor Board says that the uniforms I am renting to my ... A: Kent, I actually do have help for you. You buy the uniforms, you do not rent them to the employees. ...
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| unemployment benefits denied | 5/18/2009 |
Q: My husband was terminated without any previous reprimands or notices for posting a personal file to ... A: He was dismissed for misconduct for posting the personal file on the computer. I do not think an ...
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| delayed pay | 5/18/2009 |
Q: My brother works for a small firm. The boss/owner is very seldom there. The employees used to see ... A: http://www.texasworkforce.org/twcinfo/contactus.html All the contact information is at the above ...
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| Nursing on call supervisor | 5/18/2009 |
Q: Decision by nursing administration to have nurse managers be "on call" for weekends Cell phone ... A: You should be paid for any time that you respond to an on call phone call. Not for the time you are ...
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| work without pay | 5/18/2009 |
Q: I work for a Comfort Inn located in MI. Those of us who work the front desk are required to make ... A: From the Michigan Department of labor. Does my employer have to pay me for training time? Agency: ...
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| not getting paid after i quit | 5/15/2009 |
Q: I quit my job about 2 weeks ago. It is a small family owned business and the guys daughter runs the ... A: You should be paid at least by the next payday. If you are paid monday you will be paid before you ...
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| wrong harassment | 5/15/2009 |
Q: McAllister, Where can I get A lawyer for a wrongly accused of harassment and what to do in case ... A: Look in your local telephone book for an attorney. Find one which will give you one free ...
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| Pay cut notification | 5/14/2009 |
Q: Monday the 11th our company, located in minnesota, implemented an accross the board pay cut to ... A: It definately is not right. I think that they should give notification before cutting pay and it ...
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| withholding paycheck | 5/14/2009 |
Q: is it legal for employer in florida to withhold paycheck for employee's failure to clock out? A: It is not legal to withhold a paycheck for not clocking out. The state of Florida does not have a ...
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| Unfair suspension | 5/13/2009 |
Q: An employee at my place of employment did something stupid and blatantly wrong. I was not involved ... A: It is only legal if they have suspended all those involved. They may suspend all parties in an ...
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| Salary employee | 5/13/2009 |
Q: I am a salary employee, I have been working anywhere from 35, 40, 50, 55 or 60 hours per week for ... A: Salaried employees work by the job and not by the hour. The employer should not be watching the ...
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| Terminations | 5/13/2009 |
Q: I have been terminated.5-3 I am concerned that I was not paid my final wages on time. The company is ... A: With regards to Vacation the company does have the right to say when it may or may not be taken as ...
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| Final pay check after termination | 5/13/2009 |
Q: I was terminated 6 weeks ago from a sales job that paid a base salary plus commissions. The company ... A: You should have been paid any amounts due by your next regularly scheduled pay period. If you are ...
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| Layoff, recalled & back pay | 5/13/2009 |
Q: I was laid off 3/5/09, I am a salaried(exempt)employee, bi-wkly paid with an annual salary. I was ... A: You need to contact your local Department of Labor and see if they can help you with this. I do not ...
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| Salary and required hours. | 5/13/2009 |
Q: I am a salaried employee and want to know if their are laws governing what my employer can require ... A: There are no laws governing how many hours a salaried employee may be asked to work. Salaried ...
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| tuition reimbursement | 5/12/2009 |
Q: If I work until August 30th, I won't have to repay my tuition reimbursement. If I give my two weeks ... A: I do not know of a graceful way of being fired. Usually the reasons I fire people are not ...
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| Salary | 5/12/2009 |
Q: I was hired has a manager in a Missouri casino in Jan 09. I was told by my boss that the position ... A: They can pay you what you agree to as long as it is at least minimum wage. The laws do not cover ...
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| Write ups that do not seem Fair | 5/12/2009 |
Q: This past Saturday i woke early in the morning to find the ceiling in my apt. was leaking a lot of ... A: I think it is unreasonable to expect you to work if your apartment is leaking and you need to move ...
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| tuition reimbursement | 5/12/2009 |
Q: If I work until August 30th, I won't have to repay my tuition reimbursement. If I give my two weeks ... A: I think that I would stretch it out and give the two weeks notice on September 1 so you would have ...
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| Which state for OT laws | 5/12/2009 |
Q: I work for a company that just changed my position from an Exempt position to Non-Exempt. I am a ... A: The company should follow the federal overtime laws since you are working in multiple states. ...
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| Time sheets | 5/11/2009 |
Q: I worked for a company in California and I was hurt. I never got paid, yet I have a time sheet with ... A: The work comp claim should have been filed within a few hours of your accident. It is not legal for ...
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| Unlawfully terminated from my health insurance? | 5/11/2009 |
Q: I worked May 1st, 2009 as my final day of employment for my old boss. My final paycheck was ... A: They either have to cover you under the insurance, of they have to give you cobra coverage for this ...
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| Unemployment Appeal Hearing, | 5/7/2009 |
Q: I am in the terrible situation of having giving notice at my previous job due to my employers ... A: There are attorney's that will talk to you one consultation for free. If they feel you have a case ...
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| No pay stubs/accounting available | 5/7/2009 |
Q: Several weeks ago, my husband was suspended without pay and then discharged. We received one partial ... A: You can put a claim for unpaid wages in for wages which have not been paid with the Texas workforce ...
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| Forgot to clock in and out | 5/7/2009 |
Q: I am a R.N. in California and recently I forgot to clock in and out for my 12 hr shift. There is no ... A: This is not true. The employer is responsible to pay the employee even if he/she forgets to clock ...
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| Holiday Pay-Salaried Worker | 5/6/2009 |
Q: I am under the impression that salary employees (exempt workers) ARE required to be paid for ... A: The FLSA does not require payment for time not worked, such as vacations, sick leave or holidays ...
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| Salaried Hours | 5/6/2009 |
Q: I was originally hired as an exempt employee at 40+ hours per week (CA). Due to a chronic medical ... A: I can not see where any laws have been broken. You said that you reduced your pay and workweek to 32 ...
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| Final pay check timing for a school district | 5/6/2009 |
Q: my wife received notice that her last day will be May 31, 2009, she works for a local school ... A: http://www.dir.ca.gov/dlse/FAQ_Paydays.htm I did not see anything at the above site on the ...
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| Exempt EEs / Holidays | 5/6/2009 |
Q: We now have several people who are exempt working a part-time schedule or compressed work week. Do ... A: If you have in your handbook or policy that you will play a specific number of days holiday pay in ...
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| over time | 5/6/2009 |
Q: I've worked with this company for 4 and a half years now i am leaving the job and moving out of ... A: If you are salaried exempt you cannot claim overtime. If you work as hourly and are paid by the ...
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| Being paid last in the office | 5/6/2009 |
Q: I am writing because I work for Community Mental Health, a social service non-for profit agency. ... A: Contact your local Department of Labor. They are required to pay all their employees on pay day. ...
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| Minnesota-Hennepin County vacation pay | 5/6/2009 |
Q: I was given a permanent lay-off as of 04/30/09 by Scherer Bros Lumber of Brooklyn Park,MN. I was an ... A: PTO and Vacation time are considered fringe benefits. Legally they do not have to pay it . They do ...
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| Return to Work | 5/5/2009 |
Q: I broke my ankle at home due to a fainting spell on Dec 15 2008. I accidentally told my employer ... A: Not good to tell too much. You would have been better off sticking with the one fainting spell and ...
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| overpayed vacation | 5/5/2009 |
Q: i work in california.my company did a audit of there payroll system and found they overplayed ... A: If they have overpayed vacation than they can deduct the amount overpayed from current vacation ...
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| getting paid on time. | 5/5/2009 |
Q: I have a concern about my current employer. I work at a retail store and get paid by salary plus ... A: If you are not recieving your pay at all than you can file a claim with the labor department. Most ...
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| Vacation Pay for Salaried Employee | 5/5/2009 |
Q: My husband is a chef in New Jersey and he is looking to get some time off. He has heard rumors from ... A: It is not a law that the company give vacation time. It would depend on the policy of the company. ...
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| vacation time | 5/5/2009 |
Q: i have asked my employer for a weeks vacation, 24 hours paid vacation 16 hours unpaid. i have been ... A: The government does not regulate vacation time. Some states regulate it to a point that if it is ...
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| Printing Garnishments on Paycheck Stubs | 5/5/2009 |
Q: The majority of our employees are from California. I remember a while ago there was some legal ... A: You are correct , we call it G1 or G2 for garnishment and s1 or s2 for child support. I do not ...
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| wage deductions | 5/4/2009 |
Q: If an employee leaves our company and owes money for tuition or borrowed vacation time and does not ... A: In most states you are not allowed to deduct from their final paychecks for these reasons. It is not ...
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| number of hours worked while pregnant | 5/4/2009 |
Q: Is there a limit to the number of hours your employer can make you work in a day or in a pay period? ... A: There is no limit on the amount of hours that the employer can ask you to work, however, if she is ...
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| COMMISSIONED WAGES | 5/4/2009 |
Q: MY SON-IN-LAW WORKS FOR A WRECKER SERVICE. HE WORKS MONDAY THROUGH FRIDAY AT THE JOB SITE OFFICE BUT ... A: If he has to sit and wait for calls to come in and cannot go and do anything else like he would ...
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| Mileage reimbursement | 5/3/2009 |
Q: My girlfriend was fired from her job as a funeral arranger and part of her duties included running ... A: It is a possibility if she cannot prove the mileage and the phone records. The court can get the ...
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| Illinois 20 minute meal break | 5/3/2009 |
Q: I work as an hourly asst. manager in retail. The store is located in Illinois. We work alone on ... A: Illinois code says: An employee who is to work 7 1/2 continuous hours or more shall be provided an ...
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| taking money out of my pay | 5/3/2009 |
Q: 5 weeks ago i was a supervisor at a donut shop, i was making 10 hour well after 5 weeks of getting ... A: They can change the pay from 10 to 8.5. They cannot take deductions from your check for the back ...
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| furlough for salaried employees | 5/2/2009 |
Q: first off, we are in the state of colorado. My wife is a salaried manager at a catering company ... A: Randy, The law says the salaried employee must be paid their regular salary if they work any part ...
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| Salaried employees and sick time | 5/2/2009 |
Q: I am an exempt employee at a company where it is not uncommon to work 50+ hour work weeks. Although ... A: If you are salaried exempt than you should be paid for the whole day if you work only part of the ...
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| 1099 | 5/1/2009 |
Q: I was hired on as what appeared to be a w2 employee at $52k/yr. The first month was to be a trial ... A: First the law says that you must be paid at least minimum wage, it does not cover any larger amounts ...
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| Cobra Program- I want help | 5/1/2009 |
Q: I lost my job on May 31, 2007. I received a severance package for 31 weeks and I paid my insurance ... A: All workers who are involuntarily terminated between September 1, 2008 and December 31, 2009, with a ...
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| Salary | 5/1/2009 |
Q: If I was hired on a salary basis and I also receive PTO can my pay be deducted if my PTO does not ... A: NO you cannot be docked for partial days at all. If you show up and work part of the day than you ...
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| lunch breaks | 5/1/2009 |
Q: I am in the State on Tennessee, I am wondering if you are required to work 8 hours a day, what is ... A: In researching state laws on the topic of lunches and breaks, I learned that Tennessee is one of a ...
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| salary vs hourly | 5/1/2009 |
Q: i am a unit manager in a nursing home. i supervise greater than 25 people. i was salaried and am now ... A: Anyone can be paid as hourly. There are restrictions as to who can be paid as salaried, but no ...
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| Scheduling. | 4/30/2009 |
Q: Often times my manager doesn't post the schedule until the week of. Several times I have had to call ... A: Scheduling of hours is left up to the company, it is not regulated by law. It sounds like your ...
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| overtime law | 4/30/2009 |
Q: We are paid bi weekly and the 2nd paycheck has our commission pay and our regular pay together. I ... A: I have not heard of any changes in the law concerning overtime. It is the same according to the ...
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| Breaks in an 8 hour shift | 4/30/2009 |
Q: I Would like to know how many breaks are allowed in an 8 hour shift A: The federal government does not regulate breaks. This is state regulated and different states have ...
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| Vacation pay for temporary contractors | 4/29/2009 |
Q: In Canada, if a contractor (temporary worker) is being payrolled through an agency, is it law that ... A: If the contractor (temp worker) is through an agency than he/she is the employee of the agency until ...
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| per diem | 4/27/2009 |
Q: does a company have to pay per diem if they send you out of state to work. A: The company does not have to pay you a per diem. You can pay and then turn in the receipts for ...
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| Accrued unsued PTO taxing | 4/27/2009 |
Q: I am currently working in CA and is resigning. I have about 350hrs of PTO. My employer is paying ... A: The company is not obligated to give a raise to anyone at any time. Raises are not regulated by the ...
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| Accrued unsued PTO taxing | 4/27/2009 |
Q: I am currently working in CA and is resigning. I have about 350hrs of PTO. My employer is paying ... A: It depends on whether the employer adds it on the final payroll check and taxes it as one whole ...
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| earned vacation time | 4/26/2009 |
Q: If I have earned vacation time and my employer, because of poor scheduling, does not want me to take ... A: Unfortunately in most states vacation is considered a fringe benefit and is controlled by the ...
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| Exempt Employees Punching In and Out | 4/25/2009 |
Q: McAllister, I work in California for a private business. I am an exempt employee that puts in well ... A: Salaried Exempt employee are not eligible for overtime. They are not paid by the hour. They are paid ...
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| forced to pay for uniforms | 4/25/2009 |
Q: i live in Michigan at a pizza store and they are now making us pay for part of the uniform. lots of ... A: Any deduction required by law (i.e. taxes, friend of the court payments) and union dues. All other ...
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| overtime pay | 4/25/2009 |
Q: The company I work for has the seven minute rule for clocking in and out. In other words they pay ... A: It is illegal to change the timecard so that you do not get overtime. The law (FLSA) says you must ...
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| Final Paycheck | 4/24/2009 |
Q: Due to enrollment shortages I was laid off and the school district, employer, is withholding my ... A: If they have paid you other checks they must pay you now. It does not cost anything to file for a ...
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| Bounced paychecks and held backpay | 4/24/2009 |
Q: Shirley, I work at a small, family owned company (in Georgia) and have been here for 4 months. As ... A: http://www.dol.state.ga.us/ui_rules.htm ...
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| My boss is a jerk | 4/24/2009 |
Q: I've worked for this small one owner company for 12 years and up until last year was on salary. I ... A: The law simply states that you must be paid at least the minimum wage for all hours worked and ...
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| couple of friends not paid for their work | 4/24/2009 |
Q: I have a brother-in-law and a couple of friends of his that have been working for a privately owned ... A: This is not legal and it is not morally right. Unfortunately without alerting the authorities I ...
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| Unauthorized payroll deduction | 4/24/2009 |
Q: My husband is a truck driver, he got stuck in some mudd and a tow truck was called to pull him out. ... A: It depends on company policy at the time that your husband was hired he should have been told about ...
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| Salaried employees | 4/24/2009 |
Q: we have a restaurant and 2 of our cooks want to be on salary because they need to make a certain ... A: This is a non exempt job. It is not illegal to pay a certain salary each month to these employees, ...
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| application for employment | 4/24/2009 |
Q: are applications for employment confidential or can an employer give a copy of your employment ... A: Unless it contains medical information covered under the HIPPA act than it is not confidential. ...
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| reduceing hours & unemployment | 4/23/2009 |
Q: I am a full time hourly employee in Pennsylvania for three years. Who is being sent home and told we ... A: You can sign up for unemployment whenever your hours are cut. You do not have to be totally laid off ...
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| Handwritten time cards | 4/23/2009 |
Q: Weekly we fill out a time card for our hours worked. At the bottom of the sheet is a place that we ... A: If a timecard is changed by a supervisor it should be authorized by the employee by the employee ...
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| changing a subordinates timesheet | 4/23/2009 |
Q: One of the department supervisors in our company changed the timesheet of a subordinate without her ... A: Under the FLSA the timesheet is the official record and the legal document for the Department of ...
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| Not Getting Paid | 4/22/2009 |
Q: My Employer Has Not Paid Out Weekly Pay Checks For The Last 5 Weeks, There Is About 70 Employees On ... A: I cannot believe that any employee works for 5 weeks without pay. That is remarkable to me. You ...
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| Unpaid wages | 4/22/2009 |
Q: I was recently laid off due to lack of work. I was an exempt employee and in my contract the ... A: This sounds like a real mess. Is there still anyone in the office in your location? If there is you ...
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| Unpaid wages | 4/22/2009 |
Q: I was recently laid off due to lack of work. I was an exempt employee and in my contract the ... A: If you received an electronic pay stub did you check to see if the check was electronically ...
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| Salary | 4/22/2009 |
Q: If I was hired on a salary basis and I also receive PTO can my pay be deducted if my PTO does not ... A: Salaried employees must be paid for all the days they work and for partial days worked. They can be ...
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| overtime, sick pay consequences | 4/22/2009 |
Q: i was off on fmla from Monday to Thursday i get paid bi-weekly and i came back on Friday the final ... A: Sick pay is not regulated by the Federal government. It is regulated in some states. In most of the ...
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| overtime | 4/22/2009 |
Q: i was off on fmla from Monday to Thursday i get paid bi-weekly and i came back on Friday the final ... A: If your time starts on Saturday than you should be paid for 5 regular days and two days of overtime. ...
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| Advance recovery | 4/22/2009 |
Q: I had asked the below queries to Thomas but since he does not have expertise on these matters I am ... A: If you said that you owe the advance and they corresponded that you did not not owe it than no it ...
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| health care benefits | 4/22/2009 |
Q: I have a question regarding medical benefit deductions. I process payroll each pay period and ... A: Here is what the WAge and Hour division of the Department of Labor in West Virginia has to say. It ...
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| health care benefits | 4/22/2009 |
Q: I have a question regarding medical benefit deductions. I process payroll each pay period and ... A: I do not know which state you are in, but I do not think this is legal to do. It is legal to hold ...
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| Advance recovery | 4/22/2009 |
Q: I had asked the below queries to Thomas but since he does not have expertise on these matters I am ... A: Usually advances are recoverable by the company. This is a different situation since you have ...
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| pto wages | 4/21/2009 |
Q: can a employer pay less then your hourly wage for pto ? A: It would depend on which state you are in. Some states have rules on PTO and some do not. In most ...
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| Time Clocks | 4/21/2009 |
Q: What are the laws regarding changing punch in /punch out times on employee's time cards within our ... A: It is illegal to go in and change time card punches. You need to tell this employee and all ...
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| Changing Pay Periods | 4/21/2009 |
Q: My company pays weekly, each Wednesday. They are going to change that, and pay half of the ... A: No problems with switching paydates as long as everyone is paid the correct wages for the weeks they ...
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| SSN verification | 4/21/2009 |
Q: As an employer what is the law concerning social security card verification for employment? How do ... A: HR is not allowed to ask for the social security card for the I-9 form or for hiring. Payroll can ...
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| rounding time clocks | 4/21/2009 |
Q: When I punch in at 8:01, it rounds up to 8:15. When I punch out at 5:14, it rounds down to 5:00. I ... A: You are being cheated out of time. Legally it should round the same on both ends. 8:01 should round ...
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| Holiday Pay | 4/21/2009 |
Q: e are a non-profit. Our employee manual says 6 paid Holidays.Employees who normally work 12 shifts ... A: I have seen this done both ways. I pay 8 hours for holiday regardless. The 12 hours a day people ...
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| Unemployment Benefits | 4/20/2009 |
Q: I was laid off in May 2007 as a Regular, Full Time employee where I was employed for 9 years ... A: You will probably not be able to draw from an employer that you worked for two years ago. I doubt ...
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| Withholding pay from CA employee's paycheck | 4/20/2009 |
Q: If a current employee gives written consent to having money that is owed back to the company ... A: The website you need to visit is the FAQ section for Deductions from the Calfornia Department of ...
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| ferlough days | 4/20/2009 |
Q: My employer has mandated that all employees take 5 furloughed days between 4/1 & 10/1, this year. A ... A: The law does not say you have to be paid on Holidays. They legally do not have to pay you for them. ...
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| payroll taxes | 4/20/2009 |
Q: I work for a small business in Oklahoma. One of my coworkers recently noticed that there appeared to ... A: It does appear she is paying both her part and the employer's part of the Fica/Medicare taxes. She ...
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| final paycheck | 4/20/2009 |
Q: I recently lost my job. I was awaiting my final paycheck not expecting my full salary since I didn't ... A: First lesson is use email or mail. Always get it in writing. Also when terminating immediately ...
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| IC vs. employee question | 4/20/2009 |
Q: We are a management consulting firm and have a few FT consultants on staff but also hire, on an as ... A: First of all if they work less than the amount needed for benefits they would not be eligible for ...
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| Mandatory Meeting | 4/20/2009 |
Q: I am a serve at a restaurant and I put in two weeks vacation time to go to training for the forestry ... A: Yes there is. What I would suggest is to talk to the Owner and let him know that you were on ...
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| Pay stub tax deduction narratives | 4/18/2009 |
Q: Are employers legally required, in the state of TX, to give narrative explanation on a pay stub for ... A: The Texas Minimum Wage Act (Sec. 62.003) requires employers to provide an earnings statement to ...
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| Vacation Pay | 4/17/2009 |
Q: I was working as a sales rep for McLeodUSA, a phone company, when PAETEC, another phone company ... A: There are only a few state that regulate vacation. One that does is California. I don't know which ...
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| Unpaid vacation | 4/17/2009 |
Q: Shirley, The company I work for does not pay for vacation time. What are their rights regarding ... A: Vacation pay is not required by law. Because it is a fringe benefit given by the employer than the ...
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| Drive off out of payroll | 4/17/2009 |
Q: I work for a company and there are two employees on shift at all times. A customer came in and was ... A: You can call and talk to your local Department of labor. They would have to look at any state rules ...
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| Late Payroll | 4/16/2009 |
Q: What are the penalties to the employer for late payroll? If any? If an employee gets upset for not ... A: You do have a right to expect to be paid on payday. Sometimes there are reasons a payroll might be ...
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| florida | 4/16/2009 |
Q: can you please send me more specific information regarding floridas laws for cash register ... A: You are having trouble finding them because Florida does not have a Florida Department of Labor ...
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| time clock | 4/16/2009 |
Q: my employer is threatening if we don't remember to clock in or out we will not be paid at all. I ... A: It is not legal. The Department of labor says that you must be paid even if you forget to clock in ...
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| schedualing laws | 4/16/2009 |
Q: if i am called in for work and i punch in , they only needed me 15 min. should i get more pay than ... A: South Carolina does not have a call back rule. Some states have a two hour call back rule where if ...
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| Employee expense, order of deduction | 4/16/2009 |
Q: I can't seem to find the info I'm looking for. My question is, what order are deductions taken from ... A: I think this is an odd way to calculate wages. Most employees are on a standard hourly wage. This ...
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| Final paycheck claim | 4/16/2009 |
Q: I'm in Houston, TX. my husband quit his job, one of the reasons was because lately he was getting ... A: He cannot do this legally. Yes, you can put in a wage claim for unpaid wages for the remainder of ...
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| Forced Vacation Pay and Negative Forced Vacation Pay | 4/16/2009 |
Q: The company I work for located in Illinois, is going to close every Friday in May in order to bring ... A: The company can tell you when you may use vacation pay as it is a fringe benefit given to you by the ...
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| Employee time | 4/15/2009 |
Q: Assuming that an employer has a "point" system for attendance; are employees that exceed the points ... A: Not coming to work on time or missing too much work is most generally considered a willful ...
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| termiantion and final check | 4/15/2009 |
Q: Is Los Angeles County exempt from this law? I am wondering if they are based on the following ... A: In a Union contract since it is a contractual agreement the rules are what are written in the ...
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| Missed time card punches | 4/15/2009 |
Q: I am a non-exempt employee working for an employer located in Arkansas. Non-exempt employees are ... A: The company must still pay the employee if they forget to punch in or out. If they forget to punch ...
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| Lunch Breaks | 4/15/2009 |
Q: I work at a hotel overnight, and I am the only employee on duty.I have been told I must clock out ... A: You do not have to be able to leave to get lunch. If you have 30 minutes to eat lunch and are ...
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| PTO and getting it paid out. | 4/14/2009 |
Q: I recently quit working at a job where I had accrued PTO for vacation/sick leave. I also accrued ... A: State of Ohio does not require that PTO or vacation time be paid out. You can only collect it if ...
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| Withholding wages as coercion | 4/14/2009 |
Q: I am a pilot for a single-owner corporation, compensated by a base salary plus performance bonus for ... A: You do have a right to file a complaint with HR. You have a right to complain to the Department of ...
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| lay-off/buy out no vacation pay | 4/14/2009 |
Q: My company which was owned by another in the same state, was going to close our company's doors. ... A: An Ohio employer is not required by law to give its employees any vacation, holiday or other paid ...
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| Vacation Caps | 4/13/2009 |
Q: Is it legal for an employer to force an employee to take vacation time once they have reached their ... A: California is different than most states and has it's own rules. It is more employee friendly than ...
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| tipping salaried employees | 4/13/2009 |
Q: I work for a Not-for-Profit Country Club in Washington State as a server. The Club has recently ... A: The head chef is not eligible for tips. Only employees eligible to receive tips are eligible to ...
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| signing electronic time card | 4/13/2009 |
Q: I was told by my employer that it is a law that I electronically sign my electronic time card. I ... A: You should initial any changes made to the original timecard unless it is for rounding. The employer ...
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| un paid checks | 4/13/2009 |
Q: I have been unable to deposit or cash 11 pay checks from the company I work for. These checks come ... A: Quit file for unemployment. Call your Department of labor and put in a claim for unpaid wages. You ...
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| Unpaid Wages | 4/13/2009 |
Q: I recently left a job (in the state of Alabama) after only 2 weeks working there. I left because on ... A: First thing you should do is sign up for unemployment. If you quit because you were not paid it is ...
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| Pay Reduction, Location Change | 4/12/2009 |
Q: I have worked for my employer for 1 1/2 years as a full time employee. I am a resident of GA (the ... A: Doesn't matter where the company is headquartered, the employment laws are where the work is ...
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| time card | 4/12/2009 |
Q: I work a a place where almost everyone is required to punch the clock,except one employee she does ... A: This is a disciplinary problem and not a legal problem. The person in charge needs to take care of ...
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| BEING LET GO, BUT HAVE 1-2 WEEKS | 4/11/2009 |
Q: MY BOSS, INFORMED ME TODAY THAT I HAVE 1 - 2 WEEKS BEFORE I AM BEING LET GO. I HAVE 5 VACATIONS DAYS ... A: Vacation pay: It depends on his policy. If it says he pays on termination than he must do so. If it ...
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| Full Time employee not getting fulltime hours | 4/10/2009 |
Q: I've been working full time for my company(retail key holder in mall) just under a year and they are ... A: Yes they can cut hours for all employees if they need to in order to keep their company going. The ...
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| Vacation Caps | 4/10/2009 |
Q: Is it legal for an employer to force an employee to take vacation time once they have reached their ... A: Vacation time is not regulated by the Federal government. It is regulated by each state if it is ...
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| Payment Withholding | 4/10/2009 |
Q: We have an employee in our agency, for all intent purposes the employee is a temporary employee. We ... A: Temp employees are not required to pay into the pension system. Only regular full time employees pay ...
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| are timeclocks mandatory | 4/10/2009 |
Q: I have been told that it is the law in massachusetts that hourly workers must use a timeclock. We ... A: The law is that timecards must be kept and shown if there is a department of labor audit. They can ...
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| Employer terminated my payroll one week before terminating me. | 4/10/2009 |
Q: I just found out that my former employer actually stopped paying my salary on March 27th...but they ... A: If you were supposed to get two weeks severence than you should also be paid for the tme you worked ...
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| Recent layoff - different severance packages | 4/10/2009 |
Q: I was laid off a couple of days ago. I was given a severance package of 2 months worth of pay and ... A: The legal issue would be different laws in California pertaining to severence and in Texas ...
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| LUNCH BREAKS | 4/9/2009 |
Q: I HAVE BEEN EMPLOYED AT A WINERY FOR 20 YEARS. NEW OWNERSHIP TOOK OVER 3 YEARS AGO. IN THE 20 YEARS ... A: If the company asks you to punch in and out than you have to punch in and out. You have to follow ...
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| breaks during work | 4/8/2009 |
Q: I was reading your response to another question. I just wanted to make sure I understand. We are not ... A: Texas does not require that employer's give breaks. The employer can mandate lunch meetings or any ...
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| Overtime or Flex-Time | 4/8/2009 |
Q: Our company works 38.75 hours a week or 7.75 hours a day. If an employee is non exempt and is asked ... A: I don't know what you are referring to as Flex time. Our Flex time is the employee can leave early ...
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| Payroll overpayment | 4/8/2009 |
Q: Shirley, I have a former employee who was paid $3200 in salary in 2008. It was not discovered until ... A: Here is what it says about wage repayment in Circular E on page 29. Repayment of prior year wages: ...
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| not getting paid | 4/8/2009 |
Q: I started working for a company that goes door to door selling cable services. I started work on ... A: Put in a claim for unpaid wages with the Oklahoma Department of Labor. They will investigate and if ...
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| Inappropriate Relationship w/ Client | 4/8/2009 |
Q: I have a friend that has a New York based spa business. It was discovered that an employee had an ... A: Write a good policy right now and stick to it. This is improper and if the client wanted to they ...
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| Corporation | 4/7/2009 |
Q: Can the Vice President of a corporation also work as the human resource director of that ... A: I don't think there is any law preventing this, but it could very well be a bad move as it could be ...
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| Resignation in California | 4/7/2009 |
Q: I recently resigned from a local non-profit organization. i received my final pay check and ... A: The company has 30 days to send out Cobra information and you have 45 days to elect to take it. ...
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| Final pay w/accrued Vac, Sick, and Exec pay | 4/6/2009 |
Q: I worked for a city for 27.8 years, they were offering a so called golden handshake to those older ... A: It is all on one check and it is taxed at the supplemental rate. The Fica and Medicare would be the ...
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| Pay Rates | 4/6/2009 |
Q: After being out for a week on bereavement, I come back to work to find out my department had closed, ... A: They can do this. They should have contacted you, but it would have made no difference if they had ...
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| Damages done during the job | 4/6/2009 |
Q: I own a service, maintenance, mods, and repair shop for motorcycles that is still in it's fledgling ... A: I can only tell you what the law says and it says you cannot dock him wages or deduct damages from ...
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| failure to receive paycheck | 4/6/2009 |
Q: My last pay period ended on March 31 and it is now April 6th and I have not received my paycheck. ... A: Each state has different rules, but there should be set paytimes and the pay should be paid on those ...
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| withholding paychecks | 4/6/2009 |
Q: My 17 year old daughter just started a retail job. She has been employed with them for 16 days. ... A: Most places hold one week back on new employees to get payroll set up. They are paid one week in ...
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| Termination | 4/5/2009 |
Q: Situation: A manager failed to report an incident that took place in a store with cameras the day it ... A: Each store is it's own entity. If it were to go to court the only evidence would be the store in ...
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| Employee education contracts | 4/5/2009 |
Q: I work in Georgia for a maintenance organization that is required to have on staff factory trained ... A: They cannot take it from a final check and they cannot take any amount that will put your wages ...
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| Delayed paychecks | 4/4/2009 |
Q: I get paid bi-weekly and lately the corporate office keeps telling us one more day until the ... A: The law says that you must be paid on your payday and that is when you should be paid. I would ...
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| Employment / termination | 4/4/2009 |
Q: but here it is anyway. I have been with the same company for 16 years in outside sales of technical ... A: It is illegal for them to force you to take an inside sales job so they can hire someone younger for ...
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| Unemployment $ now, same company offers $7 less hour and work biweekly | 4/4/2009 |
Q: I'm laid off in Alabama, on unemployment benefits and my old employer who laid me off, calls me up ... A: You do not have to accept a job at lower pay. If you do not accept the job, than you will continue ...
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| Exempt Minimum Hours | 4/4/2009 |
Q: I have a Supervisor, exempt employee, with a Doctor's excuse/script, for a medical condition that ... A: If he has a doctor's excuse than the company must make a reasonable accomodation as long as he is ...
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| Being wrote up for requesting time off! | 4/4/2009 |
Q: I was wondering I talked to my supervisor about a question I had and the subject of attendance came ... A: Business decisions such as schedules are left up to the employer unless they infringe on your ...
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| Providing Benefits for Employees | 4/4/2009 |
Q: I work for a company headquartered in Maryland. We are a new company and want to provide health ... A: Maryland law does not require the award of benefits. Examples include vacation leave, sick leave, ...
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| Paycut | 4/3/2009 |
Q: I have recently received a pay cut of approximately $400 a month. I am barely getting by on what I ... A: Yes if you quit because of this dramatic of a pay cut you should be able to draw unemployment. You ...
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| reporting of time worked | 4/3/2009 |
Q: I work for an engineering firm in Michigan and I gather and record all of the employee time sheets. ... A: She is not correct. The company may require all employees to fill out a timesheet and report time ...
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| vacation pay after termination | 4/3/2009 |
Q: I worked for this company in mass. for 12 years and I had 3 weeks vacation time after the 7 year ... A: Employers who choose to provide paid vacation to their employees must treat those payments like any ...
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| Required Notice of termination in Employment Agreement | 4/3/2009 |
Q: In California, an at-will state, if I sign an employment agreement that both the employer and ... A: In an at will state there are really no consequences. You will be paid on the next regular payday. ...
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| Unpaid meal | 4/3/2009 |
Q: If you are a server at a restaurant, and a customer walks out on their bill, can the restaurant ... A: The laws are different in different states. It is not the same in all states. In Florida you do not ...
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| Mo paycheck for 5 weeks! | 4/2/2009 |
Q: My husband works for an electrical company going through hard economical times. Recently they ... A: You are entitled to be paid his wages. If the company goes into bankruptcy than it would go under ...
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| unemployment | 4/2/2009 |
Q: If I get a pink slip stating I'm layed off starting the following Monday and I leave 4 hours later ... A: It could be said that you quit because you were upset over being layed off and yes in this instance ...
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| Benefits for Full-time status | 4/2/2009 |
Q: I have worked for my current employer for almost 4 years. There was a 4 month period where I was ... A: It is legal if it is what is written into the company policy and what the rule is for other ...
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| Time Card Fixing | 4/2/2009 |
Q: I work at a place where overtime is not allowed. Anything over 40 hours is paid out as overtime, ... A: Employers are allowed to round the time to the nearest 15 minutes or the nearest 10 minutes. So if ...
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| Payroll overpayment | 4/2/2009 |
Q: Shirley, I have a former employee who was paid $3200 in salary in 2008. It was not discovered until ... A: Since he is no longer an employee and you cannot collect the amount in this year or adjust the ...
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| FMLA issue | 4/2/2009 |
Q: McAllister, My husband is being monitored by a doctor for various health issues, none of which ... A: No you do not have to fill out these forms. You are not ill and while you can take FMLA to care for ...
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| Do I have a right to ask my employer pay me back the PTO that I am accrued? | 4/1/2009 |
Q: My position was terminated on 3/23/2009. I worked for the company about 8 months. A month ago, ... A: Texas laws do not require PTO be given or paid. They do say that if the employer gives PTO he must ...
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| vacation time for employee who quit without notice | 4/1/2009 |
Q: I had a nurse who quit in the middle of her shift on 3/4/09 and says that I owe her for her unused ... A: This employee cannot be punished for leaving in a huff. The time must be handled the same as it is ...
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| Issues with Payroll | 4/1/2009 |
Q: Let me give you a little history with my situation. In Sept 2008 I was approached by my old employer ... A: It sounds like you were looking for greener grass and it didn't happen. Sometimes we have to weigh ...
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| Denied PTO for Dr Appt use | 4/1/2009 |
Q: I have recently been revoked my previlages in the workplace to arrange my schedule to accomendate 5 ... A: If you are salaried they must let you leave early as if you work part of the day you must be paid ...
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| Transfer From Salaried to Hourly/vice-versa | 4/1/2009 |
Q: I have processed payroll for 4 different companies and am currently newly employed at a 5 star hotel ... A: They cannot transfer employees back and forth between salaried and houly whenever they wish to do ...
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| follow-up to change to fee for service | 3/31/2009 |
Q: OriginalMy employer (a private agency) in North Carolina recently changed it's pay from salary to ... A: If you are not a contract employee you cannot be paid this way. As a regular employee you must be ...
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| Bonus Pay | 3/31/2009 |
Q: I work in a call center and our management laid out a bonus plan for employees to receive a bonus ... A: I wish I could help you, however, the law is very clear. The law requires one thing in regards to ...
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| Salary Exempt Issues | 3/31/2009 |
Q: I am a retail manager in Florida and am "Salary Exempt" as I earn the exact same pay regardless of ... A: Yes you do. You can file a complaint of an FLSA violation with the Department of Labor there are ...
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| Salary Exempt Issues | 3/31/2009 |
Q: I am a retail manager in Florida and am "Salary Exempt" as I earn the exact same pay regardless of ... A: Sounds like the employer is paying you as a salaried exempt and working you as an hourly employee. ...
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| Non-exempt Supervisors | 3/30/2009 |
Q: I am in Texas. We have several tiers of employees. Can we treat our assistant level supervisors ... A: All hourly must be treated alike. If you want them to be treated as salaried you must reclassify ...
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| Electronic pay stubs | 3/30/2009 |
Q: Shirley, I have a question pertaining to the state of Michigan. My current employer has decided 1, ... A: It is legal to decrease your salary 10% but you must have notice before you do any work at the new ...
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| Conflict of Interest | 3/30/2009 |
Q: What are the laws or guidelines on hiring relatives as employees? I know someone who has their ... A: It is a bad business decision to hire relatives, it is not illegal. What would get the employer into ...
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| Benefits due | 3/30/2009 |
Q: My company just went through a re-re-org, and I believe in excess of 15 associates were impacted. My ... A: Severence pay is at the discretion of the company. There are no legal grounds for severence pay. It ...
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| Pregnancy Discrimination/retaliation | 3/29/2009 |
Q: I am pregnant and have worked for the same company for several years. At the beginning of my ... A: FMLA time is 12 weeks in duration. It can be used a little at a time. You many only use 12 weeks in ...
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| Salaried to Hourly | 3/29/2009 |
Q: This past year I have been changed to hourly wages from salary. I realize the benefits of the change ... A: There is nothing you can do. The employer can change anyone to hourly there are no restrictions that ...
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| Worker Classification - Hairdressers | 3/28/2009 |
Q: You answered a question dated 3/5/08 in which you outlined several compensation arrangements in ... A: You could have an employee paid by the hour. (Hourly employee) (W-2) You could have an employee ...
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| Tampering With TIme Clock | 3/28/2009 |
Q: I would like to know if the following action by the employee breaks any laws and what type of ... A: You set the employee down and tell him straight up. This is not acceptable, it is cause for ...
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| unemployment | 3/28/2009 |
Q: I live in new jersey and have done my best to research the unemployment process on my own but am ... A: You need to go in to the Unemployment office and talk to someone and get it straightened out. The ...
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| withholding wages | 3/27/2009 |
Q: In arkansas I am a commissioned employee i recently Quit my employer and he withheld money out of ... A: If money has been withheld from your check which you did not authorize and which should not have ...
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| Shady Compensation, small business | 3/27/2009 |
Q: This seems shady to me. Is my employer breaking the law? Here are the facts: I work in a small ... A: He is breaking the law. You must be paid for every hour you work, overtime for all hours worked ...
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| Probation period starting after a year and a half of work | 3/27/2009 |
Q: Please I need a clarify in this matter. I´ve been working for the company more than a year and a ... A: Of course I do not know everything about the situation. I can tell you that it appears you and the ...
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| pay reduction | 3/27/2009 |
Q: If an employer permanently reduces your pay by 10% or more due to ecomic conditions, are you ... A: Unless the pay cut is below the minimum wage you would not qualify for unemployment if you were to ...
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| Exempt Employee salary deductions for time missed at work | 3/27/2009 |
Q: I am a Texas exempt employee. We receive 6 days PTO a year and accrued vacation time. If work is ... A: It is legal to deduct PTO or vacation time from salaried employees since this is considered a fringe ...
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| Pay rate reduction | 3/26/2009 |
Q: My employer has announced an accross-the-board permenant pay-rate reduction citing current economic ... A: Yes it is legal as long as your wages do not go below the minimum wage. Not only is it legal but it ...
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| Unused PTO Payouts | 3/26/2009 |
Q: My co (in TN) has a policy that at the end of the year any unused PTO time that an employee has ... A: That is a tough one. The state does not require the time be paid out. It is a fringe benefit and is ...
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| Payroll switch and payback? | 3/26/2009 |
Q: I have a boss who is involved in at least 3 companies. My contract is with 'Company A' in NJ. Two ... A: This really sounds like a fine mess. I think that the Department of Labor will need to step in and ...
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| Unemployment Comp | 3/26/2009 |
Q: Can a person who is working at Johnson and Wales or RI School of Design collect unemployment comp if ... A: Most generally teachers at educational institutions are not eligible for unemployment benefits. The ...
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| Payroll switch and payback? | 3/26/2009 |
Q: I have a boss who is involved in at least 3 companies. My contract is with 'Company A' in NJ. Two ... A: None of this sounds on the up and up. He cannot issue checks now retroactive from February. I would ...
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| Payroll | 3/26/2009 |
Q: I have been with my employer for 8 years. They have just decided to with hold one weeks pay from ... A: It is legal to withhold one weeks pay. Most companies do it when the employee is first hired. I hold ...
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| Abandonment of Job | 3/25/2009 |
Q: We operate care facilities for development disabled in California. We provide 24/7 care. The only ... A: Her check can be paid on the next regularly scheduled payday since she quit by abandoning her job. ...
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| Unemployment benefits? | 3/25/2009 |
Q: I work for a staffing company in Alabama. We to temporary and long term work all over the united ... A: Alabama: You must have wages in at least two quarters of your qualifying period (base period). The ...
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| Unclaimed Payroll checks | 3/25/2009 |
Q: In the state of Alabama the law is after 1 year to send the funds to the state. Now, what should ... A: You void the checks, fill out the Escheat forms and send the money in to the State. On your ...
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| 48 hour written notice | 3/25/2009 |
Q: I decided to quit my job, because I'm moving out of state. I turned in my 2 week notice, and honored ... A: You are correct they should pay you within 48 hours upon written notice. Here is the Idaho ...
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| Differences in Insurance Premiums | 3/25/2009 |
Q: I work for a non-profit organization that offers health insurance to its employees and pays a ... A: It is legal if the policy is written and it is known to all employees when they start working for ...
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| FLSA - Mandatory Furloughs | 3/24/2009 |
Q: Can an organization (local gov't) require exempt employees to take mandatory furlough days without ... A: This is happening everywhere, especially in California. Several Unions are questioning it and a ...
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| Unemployment benefits? | 3/24/2009 |
Q: I work for a staffing company in Alabama. We to temporary and long term work all over the united ... A: The states have an amount that the employee must earn in order to qualify for unemployment. It is on ...
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| Full time exempt employee | 3/24/2009 |
Q: Can my employer require me to clock in and out as an exempt employee? Can they dock me for partial ... A: If you are full time exempt and work part of a day you must be paid for the entire day. If you are ...
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| Possible criminal activity | 3/24/2009 |
Q: I work remotely for a legitimate business in another state without problems, and have done so for ... A: I would not be working under this situation as you could possibly be in legal trouble. I would ...
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| non disclousre | 3/24/2009 |
Q: I am (was ) an at will employee. I did Not sign a non compete. I work in a realitivly small and ... A: Do you have any written emails or anything on paper that would show that you actually resigned and ...
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| LAID OFF | 3/24/2009 |
Q: MY DAD HAS WORKED THE SAME JOB FOR 25 YEARS THEN GOT LAID OFF. HE WAS THE ONLY NON-FAMILY MEMBER ... A: Unemployment goes by periods. It is an insurance not a retirement. The president extended ...
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| Relationship at work | 3/23/2009 |
Q: My partner and I work in the same office for a security company. We have a relationship and work ... A: This is not about the two of you having holidays together. This is about an employee leaving an ...
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| Unpaid Lunch Break | 3/23/2009 |
Q: I have a question about unpaid lunch breaks in Texas. I work an 8 hour day, plus have an 1 hour ... A: The Texas Payday Law does not address the issue of rest breaks or meal breaks. There is no current ...
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| severance vs. unused vacation pay | 3/23/2009 |
Q: I was laid off from my company in February and given a severance package, which ended up being ... A: Here is what the Department of Labor says the law is which says they have to pay you the vacation ...
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| Smoking in Workplace | 3/23/2009 |
Q: I work at a small family owned company in Texas where quite a few of the employees smoke. During ... A: I understand your concerns and I agree that second hand smoke is not good especially with your ...
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| severance vs. unused vacation pay | 3/23/2009 |
Q: I was laid off from my company in February and given a severance package, which ended up being ... A: It depends on what was in the severence package and how it was worded. Did you read it over before ...
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| Vacation time and florida laws | 3/22/2009 |
Q: My questions is this, I know FLSA and DOL have no set rules in regards to vacation time and ... A: If the employer makes an agreement with an employee he should honor it. Yes, he should pay you the ...
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| requesting 9 earned vacation days as my last 2 checks before I retire | 3/22/2009 |
Q: I have been working for this company over 10 years. I applied for my soc. sec. as my birthday is in ... A: If they do not wish to pay the time out and do not have a policy that says they will they could let ...
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| falure to pay me ontime | 3/22/2009 |
Q: i worked two weeks for ac commercial company and expected my pay check like everyone else and it ... A: The first thing you should do is call Payroll and find out why you did not recive a check. Do they ...
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| Payday Date Change | 3/21/2009 |
Q: I work for a company and receive my paycheck on the 1st of every month. I received an e-mail from my ... A: I have searched both the Oregon Department of Labor rules and the Oregon Statutes. I can find no ...
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| Permanent change of hours | 3/21/2009 |
Q: I'm a California registered nurse working in a non-profit hospital. There are less than a dozen ... A: The employer has a right to set your work schedule. The only thing you could do is to transfer to a ...
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| docking pay | 3/21/2009 |
Q: Im a roofer i get payed hourly my boss docked me 8 hours pay because he felt a job should have only ... A: He cannot dock your pay in this way. You must be paid for all the hours which you have worked. Put ...
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| Salary | 3/21/2009 |
Q: Is there such a thing as "sort of on salary"? As the company I work for pays it's managers at a ... A: You are not salaried exempt if they are treating you as hourly. File a claim for misclassified ...
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| Mandatory workplace meetings in Washington state | 3/20/2009 |
Q: If an employer calls a mandatory meeting under the pretense that if you do not attend you will no ... A: If you are hourly non exempt than you must be paid for a mandatory meeting whether you might lose ...
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| Layoff payroll | 3/20/2009 |
Q: I was layed off yesterday, and have no faith that the company will properly pay me. How long will I ... A: State law requires the employer to pay an employee all wages due him or her within 48 hours of the ...
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| Layoff payroll | 3/20/2009 |
Q: I was layed off yesterday, and have no faith that the company will properly pay me. How long will I ... A: You have to be paid for the whole week. You need to wait until after the deadline for the company ...
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| Bereavement and Holiday pay while unemployment? | 3/20/2009 |
Q: Last month my husband was laid off due to lack of work. We live in Michigan (no surprise there!) and ... A: Michigan has a Payment of wages and Fringe Benefits Act. In regards to fringe benefits the act says ...
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| Vacation time and florida laws | 3/20/2009 |
Q: My questions is this, I know FLSA and DOL have no set rules in regards to vacation time and ... A: The vacation time is given by the employer. He can tell you when and when you cannot take it. If he ...
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| PTO | 3/19/2009 |
Q: My company has a PTO policy. As a salaried employee can they require us to use our PTO for any time ... A: The law says that salaried employee must be paid for the whole day if they work part of the day. The ...
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| Daughter's first job | 3/19/2009 |
Q: Recently, my 17 year old daughter obtained her first job at a Jamba Juice restaurant. She loves it ... A: The Colorado Department of Labor Website with fact sheets for employees: ...
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| Daughter's first job | 3/19/2009 |
Q: Recently, my 17 year old daughter obtained her first job at a Jamba Juice restaurant. She loves it ... A: Federal law does not provide for breaks or for lunch periods. State laws provide for breaks and ...
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| Medical Deductions | 3/19/2009 |
Q: I found out today my employer has not deducted my medical insurance benefit, I understand they do ... A: They have paid the benefits to the insurance company on your behalf. you do have to pay them back. ...
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| Daughter's first job | 3/19/2009 |
Q: Recently, my 17 year old daughter obtained her first job at a Jamba Juice restaurant. She loves it ... A: Write a written letter to the manager asking that he make a reasonable accomodation for the pump in ...
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| HR rounding | 3/19/2009 |
Q: So at my place of employment the time worked is calculated in 6 minutes periods. The timesheet ... A: It is legal to round to the nearest 10 minutes or the nearest 15 minutes. It must be done both ...
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| Pay reductions | 3/18/2009 |
Q: I work in California for a large company (300,00 in the US alone). They cut pay to all US workers ... A: Salaries can be reduced to both hourly and salaried employees. The employee must be told of the ...
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| Meal period Not taken, then adjustment made after the fact | 3/18/2009 |
Q: My husband works for a small pest control company in California. The employees are told they must ... A: The law does say that if he works through lunch than he must be paid for the time. It is found at ...
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| Law governing accrued PTO entitlement after lay off | 3/18/2009 |
Q: I was recently made redundant and the severance contract states that I will only get 40 hrs of ... A: Under the Texas Payday Law an employer is not required to offer fringe benefits such as vacation ...
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| Timecards | 3/17/2009 |
Q: I am trying to figure out what we can do about employees that do not turn in their timecards. We do ... A: You are required to pay them regardless of whether or not they turn in a timecard. I am in charge of ...
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| Cashier shortage in NYC | 3/17/2009 |
Q: I work as a cashier in a supermarket in NYC making minimum wage. If my drawer is short, can my ... A: Section 193 of the Labor Law states: 1. No employer shall make any deduction from the wages of an ...
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| CFRA and FMLA | 3/17/2009 |
Q: I have two employees not married but about to have a birth of a child. Both are qualified for FMLA ... A: The rules are for Paternity and Maternity. The 12 weeks is the same. If they both use it they can ...
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| layoff and unpaid vaction | 3/17/2009 |
Q: My husband is losing his job due to the shop closing, he has over 3 weeks vacation and has been told ... A: If there is an agreement between the employee either verbal or written that the vacation pay will be ...
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| time clock and lunch breaks | 3/17/2009 |
Q: Is a time clock that automatically takes out 30 minutes for lunch against the labor law in ... A: The reason that the timeclock is forcing you to take a lunch is because the law says the company ...
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| Changeing paydays | 3/17/2009 |
Q: I work for a large restrant based out of TN(I work for them in GA) The company payday is Friday of ... A: It is not legal to hold checks until Tuesday if payroll is on Friday than you should be paid on ...
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| salaried forced to work every saturday and sunday | 3/17/2009 |
Q: I'm a salaried employee classified as supervisor. I visit different home improvement stores and ... A: You must work the hours that the employer schedules you to work. You do not have a choice in what ...
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| School District workplace bully | 3/16/2009 |
Q: McAllister, I recently had to take a leave of absence due to my hostile work environment, which led ... A: I actually think it would be in your best interest to seek employment elsewhere and find a job that ...
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| Taxes | 3/16/2009 |
Q: My husband's W-4 is set to "Married and 1". He discovered he was deducted at "Single and 0" the ... A: It cannot be refunded as it is sent in to the government already. It will be refunded to you when ...
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| Accured Vaction | 3/16/2009 |
Q: I used my vacation time for FY09 before I accrued it and I quit my job because my husband is being ... A: I do not know the civil laws for Connecticut so I do not know if after you terminate the employer ...
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| Accured Vaction | 3/16/2009 |
Q: I used my vacation time for FY09 before I accrued it and I quit my job because my husband is being ... A: It depends on a couple of things. It depends on Company Policy and on the state in which you work. ...
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| increase in hours | 3/15/2009 |
Q: My employer is a small non-profit in Oklahoma. I am the director and currently work 30 hours a ... A: If you are 40 hours a week you do become a full time employee. You must be paid for all the work you ...
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| about MED125 | 3/15/2009 |
Q: understand what is it for. I received my last pay stub with a salary deduction with the amount of ... A: MED 125 would signify a deduction to pay for medical premiums. Typically the company pays for the ...
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| Salary vs. Hourly Compensation | 3/14/2009 |
Q: I have recently accepted a job here in texas agreeing on a hourly paid wage. I have worked for this ... A: You can find information on the U.S. Department of labor website under the FLSA (Fair Labor ...
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| I got fired | 3/14/2009 |
Q: I got fired from a job in ms and the payday was friday and he fired me that day but wouldnt give me ... A: Your state of Mississippi labor department website did not state a time for paying terminated wages. ...
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| Raise promised after certification | 3/14/2009 |
Q: I was offered a generous raise by the company president, witnessed by the HR rep, to become ... A: Payroll laws do not cover raises. The payroll laws only say that you must be paid at least minimum ...
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| second jobs | 3/14/2009 |
Q: Shirley, Right now, I work for a retail party goods store. I am an assistant manager. I was asked by ... A: Getting permission is not saying that you cannot work two jobs. The company just wants to know that ...
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| unemployment to commission | 3/14/2009 |
Q: I am currently collecting unemployment in Washington state and am eligible for 6 more months. I am ... A: You do not have to report until you earn commissions. Even if you earn income than you can still ...
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| Company Bought out | 3/14/2009 |
Q: The company I am employed by was bought out, and I became an employee to this new company. We had ... A: The first thing you need to do is check and see if they are holding back a week's pay. When this ...
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| payroll date vs payroll distribution date | 3/13/2009 |
Q: Can a payroll check be distributed on Friday if the check is dated Thursday, the day before the ... A: Checks are distributed on the paydate. Our checks are often dated on Thursday and paid on Friday. ...
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| Retro Pay Adjustment | 3/13/2009 |
Q: We are moving our salaried employees to one merit increase date. All salaried employees will receive ... A: If you do not specify the diffrence on the stub and do not do a separate check than you can just add ...
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| overpayment | 3/13/2009 |
Q: 07 this is the first i have herd of an overpayment i have phoned up and asked for a breakdown do i ... A: They can ask you to pay it back. Do not volunteer to do so. If you do not than they have to take you ...
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| unemployment to commission | 3/13/2009 |
Q: I am currently collecting unemployment in Washington state and am eligible for 6 more months. I am ... A: When you start receiving wages you have to report them to the Unemployment office. If you do not ...
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| Requested Law Reference for Reading/Research | 3/12/2009 |
Q: Shirley, Would you please point me in the direction of the law which covers paying exempt, salaried ... A: The law is the FLSA portion for exempt employees. It says they must be paid, it does not say from ...
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| Timeshhet Times | 3/12/2009 |
Q: Our company uses the following time break down for our timesheets. Minutes worked: 0 - 5 tenths ... A: The company is actually following the law. The law says the company may round time to the nearst ...
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| unlawful final check deductions | 3/12/2009 |
Q: what can i do? My employer deducted medical insurance from my final check.Then canceled my insurance ... A: I think that you should consult an attorney. Nothing should have been withheld from your check for ...
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| withholding first two weeks of pay | 3/12/2009 |
Q: My fiance works for a company that provides engineers for office buildings. The office building ... A: This is a standard practice. Holding back two weeks simply means they are paid two weeks in arrears. ...
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| Hours/ pay | 3/11/2009 |
Q: Florida: Is it right for a company to pay you cash for your salary (commission based) Have you work ... A: If you agree to work for commissions only than you only get paid if you earn commissions. If you ...
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| salaried paycheck | 3/11/2009 |
Q: I went to work for a facility as $65.000 per year salaried. I worked 6 days. How should they pay ... A: I figure the salaried daily wage by using the following formula. 52 weeks in a year so 52xdays per ...
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| Employer will not pay | 3/11/2009 |
Q: my employer owes me for two weeks of pay. Normally I get paid every Friday, however two Fridays went ... A: What you need to do now is go right away to the Unemployment Office and file for unemployment. ...
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| disablility and vacation pay | 3/11/2009 |
Q: is it a canadian government policy that if you are on disability you are unable to get your ... A: In Canada the employer must pay you a percentage of your gross wage as vacation time. The employer ...
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| PS: Unemployment Denial | 3/11/2009 |
Q: Per my previous question......I forgot to mention that my son works in Illinois Thanks A: Regardless of which state in which work is done every employee that is denied benefits is eligible ...
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| Unemployment Denied | 3/11/2009 |
Q: My son has worked for the same company for 7 years. The job he was doing demanded 2 people but the ... A: Your son has the right to appeal the decision. He should file an appeal with the Unemployment office ...
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| Wife laid off shortly after announcing pregnancy - discrimination? | 3/10/2009 |
Q: My wife was recently notified that she is being laid off from her salaried position in a large ... A: In a normal time it might be very suspect and an EEOC case might have some validity. Where layoff ...
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| Required Vacation for Exempt Salaried Emp. | 3/10/2009 |
Q: I am an exempt salaried employee working as an engineer for a manufacturing company. Because of the ... A: Vacation is considered a fringe benefit given by the employer, it is not required by law. Because of ...
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| Ohio / Employee Health Contribution | 3/10/2009 |
Q: I work for a small Co. Last year required to pay 40% of health care, after tax dollars deducted ... A: Every employee should pay the same for self, the same for dependents. We have a scale. The employer ...
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| Not paid for all hours worked followup | 3/10/2009 |
Q: I am a retired senior citizen working for an employer for additional income and my problem is, I ... A: You can file a claim with the Department of Labor, but they cannot have someone terminated. They can ...
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| Not paid for all hours worked | 3/9/2009 |
Q: I am a retired senior citizen working for an employer for additional income and my problem is, I ... A: If you are not paid all your wages you can file a claim with the department of labor , but it will ...
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| Please help | 3/9/2009 |
Q: My situation is as describe below, please provide your opinion on this. My former employer A (I ... A: They cannot backdate paystubs and print them out. I keep copies of all paystubs on file, many ...
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| What constitutes willful act for violations of Labor Codes | 3/9/2009 |
Q: A terminated employee makes several requests for unpaid wages to her employer and each request was ... A: It would take a determination by the Department of Labor to find out if the employer's actions are ...
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| Unemployment Claim denied | 3/9/2009 |
Q: and thank you for your time. I voluntarily resigned from my primary employer in October 2008 in ... A: Your unemployment claim was denyed because you quit the original job to work at the new job. It was ...
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| bad paychecks | 3/9/2009 |
Q: what can a person do when the employer has issued payroll checks that come back as NSF. This is ... A: I don't know how Wisconsin works, but I know in Idaho, Oregon, Washington, Nevada, Utah, and Arizona ...
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| unlawful final check deductions | 3/9/2009 |
Q: what can i do? My employer deducted medical insurance from my final check.Then canceled my insurance ... A: They should not have withheld any money from your check for future cobra coverage which you had not ...
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| being recalled from a vacation | 3/8/2009 |
Q: My husband was recently informed at work (he works for a local town government in the highway ... A: It says he has to make an effort, it does not say if he cannot return. I do not believe that if he ...
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| hours worked without clocking out | 3/8/2009 |
Q: In Texas, what is the law about how many hours can be worked for an hourly employee without ... A: Here is your answer from The Texas Workforce Division of the Department of Labor. After what length ...
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| PTO | 3/8/2009 |
Q: If an employee has built-in overtime, say a 48 hour work week, and they take a PTO day, are they ... A: The law says that employees must be paid overtime for all hours worked over 40. PTO is not worked ...
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| exepmt for one paycheck | 3/7/2009 |
Q: I am expecting a lump sum payout because my company and union came to an agreement and they owe us ... A: It is 10. If you claim more than 10 exemptions your W-4 is sent in to the IRS and they may determine ...
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| Pay stub information | 3/7/2009 |
Q: I have a friend who has a child support garnishment against his wages. On his pay stubs they are ... A: The child support deductions should be listed on the check as something other than advances. ...
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| not paid for overtime worked | 3/6/2009 |
Q: I worked a regular 40 hour work week and then another 30 to 40 hours of overtime in the same week. ... A: If you are non exempt than you must be paid for all the hours you work and overtime for all hours ...
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| Vacation Pay | 3/6/2009 |
Q: If I am layed off or fired from my job does my employer owe me unused vacation pay? I am working in ... A: Since you are working in Texas their employment rules are the ones that have jurisdiction over your ...
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| bad paychecks | 3/6/2009 |
Q: what can a person do when the employer has issued payroll checks that come back as NSF. This is ... A: First you need to go to the person in charge of the company and find out why this is happening and ...
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| Layedoff while on maternity leave | 3/6/2009 |
Q: I have worked for Home Depot for 2 years. I went into Preterm labor on January 1, 2009 and gave ... A: It is illegal for the company to discriminate against you because of a pregnancy. It is even worse ...
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| Breaks | 3/5/2009 |
Q: I work two jobs for the same company. Both are hourly positions. At times, I work 8 hours and then ... A: The second meal period can be waived by the employee if both the employee and the employer agree and ...
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| unpaid wages | 3/5/2009 |
Q: i was a bar and restaurant manager,and my employer was not paying me my wages for four weeks, now he ... A: You need to go down and sign up for unemployment at your unemployment office for your local region. ...
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| separation notice | 3/5/2009 |
Q: Good morning. I currently work for the IRS and I have accepted a position in another agency. The ... A: Two weeks is sufficient notice. If you work in an "At Will" state no notice is required. The only ...
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| 1099 employee | 3/5/2009 |
Q: My husband works for a small company, in fact it is just him and his boss. He did receive W-2's ... A: He should not be 1099 and should be W-2. The employer cannot just change him from a W-2 to a 1099 ...
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| Paycheck | 3/5/2009 |
Q: I am a salary employee in Michigan. My employer is now 5 weeks behind giving me a paycheck stating ... A: You cannot work for free, if your employer cannot pay you than go and file for unemployment until ...
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| salary manager/breaks | 3/4/2009 |
Q: As a salaried manager in NY am I entitled to any break periods during an 11 hour shift? We were told ... A: Breaks are not required under New York law. If they are given they must be paid for. Each employee ...
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| Am I a 1099 employee? | 3/4/2009 |
Q: I am a hospitality recruiter bound by a non-compete clause for one firm. I have been trained with ... A: If you think that you were, or are, an employee and you would like the IRS to issue a determination, ...
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| firing an employee | 3/4/2009 |
Q: I need to fire an employee. Can I do this over the phone? I had asked this employee to meet with me, ... A: You can fire her over the phone. I would suggest you do the following: Document in writing each ...
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| Payroll deduction for missing deposit | 3/4/2009 |
Q: My husband is currently a manager at an authorized dealer for a large cell phone company. When he ... A: Unless the company filed a theft report with the police department and listed him as the thief I do ...
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| From salary to hourly without notice | 3/4/2009 |
Q: I am in the state of Mississippi. I recently learned that I have been changed from a salaried ... A: If you feel this was done because of the pregnancy and it is an attempt to only pay out 60% instead ...
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| bonus and profit sharing | 3/3/2009 |
Q: We are about to pay out our bonus and profit sharing for 2008 to our employees. We are a Delaware ... A: Bonus checks are taxed at the 25% supplemental federal rate and your state supplemental rate. It is ...
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| Broken Equiptment | 3/3/2009 |
Q: Can you make workers financially responsible for breaking work equipment? Is that legal? ANSWER: ... A: Here is what the law is in Utah. The employer can deduct if it is done due to negligence on the part ...
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| money deducted from final paycheck | 3/3/2009 |
Q: I have a friend who is a paralegal, and a single mom. She was offered a position with another law ... A: They should only deduct the amount that she would have paid and had not paid for the month. They ...
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| tips | 3/3/2009 |
Q: My employer takes our tips out of his payroll. for instance. if my hourly wages equal 200.00 for ... A: He should be paying you a tip wage whatever it is for your state. He can then use the tips to bump ...
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| laws of regular pay and perdiem pay | 3/3/2009 |
Q: my husband is working for an employment service, he started out making a certain wage and equal ... A: When working for an employment service the employee is paid the amount that the company he/she is ...
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| WAS | 3/3/2009 |
Q: I was just recently terminated from a At Home Position from a company from Colorado. I reside in ... A: I would normally say Pennsylvania because that is where the work was performed. However, I don't ...
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| Unemployment Benefits | 3/3/2009 |
Q: About a year and a half ago, I applied employment at a company in Florida. After they decided to ... A: Unfortunately ignorance is not excuse. It always is a good idea to read what you sign so you will ...
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| unable to pay on time | 3/3/2009 |
Q: is there any money due from the employer to the employee for not being able to give out paychecks on ... A: Is the employee is salaried exempt and they are off for personal reasons they are not paid. If the ...
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| Broken Equiptment | 3/3/2009 |
Q: Can you make workers financially responsible for breaking work equipment? Is that legal? A: As a general rule no, most states do not allow this. I am not positive that all state rules say no, ...
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| no written notice | 3/2/2009 |
Q: I have worked with my previous employer for about 15 months. She had left me a message on my ... A: You do not have to have a written notice to be terminated. Why was your EDD claim denyed? Were you ...
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| payroll deduction | 3/2/2009 |
Q: I work as a server in chicago and their is an issue concerning benefits. I have noticed that on my ... A: Employers are not required to take medical insurance out pretaxed. In fact they are not allowed to ...
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| salary and hourly wages | 3/2/2009 |
Q: i am an exempt employee also working hourly wages in ny. In a month with low hourly income can my ... A: Exempt employees are exempt from the overtime provisions of the FLSA (Fair Labor Standards Act). ...
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| salary and hourly wages | 3/2/2009 |
Q: i am an exempt employee also working hourly wages in ny. In a month with low hourly income can my ... A: Not if it is for the same company it cannot be. You can either be salaried or hourly you cannot be ...
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| ACH payment due date | 3/2/2009 |
Q: Our employer has recently started offering Direct Deposit of wages. Prior to this they would issue ... A: This is okay, it is standard. Banks are not generally open to do direct deposit on the weekend. The ...
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| Do I have to travel and work away from home? | 3/2/2009 |
Q: I work for AT&T. I was originally hired into AT&T Wireless many years ago. That company was bought ... A: It would be touch and go whether you would be allowed to collect unemployment benefits if you ...
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| salary and hourly wages | 3/1/2009 |
Q: i am an exempt employee also working hourly wages in ny. In a month with low hourly income can my ... A: The answer is you cannot be both. You are either salaried exempt or you are hourly. The company ...
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| Unclaimed payroll check | 3/1/2009 |
Q: I recently got a letter claiming I had an unclaimed payroll check. The letter says to call the ... A: I would not give them your personal information. If you worked there they already have the ...
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| changing oral agreements | 3/1/2009 |
Q: I am a Nuclear Medicine Technologist about to accept a temporary position in Fairbanks, AK from a ... A: If the recruiter is backing you up than yes, if he is not it is your word against his unless you ...
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| WAS "Terminated" | 3/1/2009 |
Q: I was just recently terminated from a At Home Position from a company from Colorado. I reside in ... A: You contact the Colorado Department of labor, sign up for unemployment and the process will begin. ...
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| Exempt/PTO | 2/28/2009 |
Q: State = NC. I'm an exempt employee expected by my company to work 46 hours a week. We also have ... A: Hours should not matter if the employee is an exempt employee. If you work part of a day you must be ...
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| Resignation | 2/28/2009 |
Q: I was working for a company (Company A) that was recently purchased. Based on past history of the ... A: You can argue the point, but if you accept employment with another company while still working it is ...
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| NC Exempt employee laws | 2/28/2009 |
Q: What is the law for an exempt employee (professional as computer analyst) in NC regarding hours ... A: I could understand the reasoning if you were hourly so that no overtime had to be paid. I do not ...
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| Can I deduct money owed for services rendered from employee's last paycheck? | 2/28/2009 |
Q: I have an employee who I am considering to terminate. I have provided services to this employee and ... A: No I do not believe you can deduct this from an employee's final check. I says below that you ...
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| employees other job | 2/28/2009 |
Q: I had an employee ask me about unemployment because she was let go of her second job. I did not ... A: It is gossip to discuss other's business and not recommended that you do so. Personal business is no ...
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| to many jobs not enough time? | 2/27/2009 |
Q: i was hired in 2007 as a m.r. clerk my employer has since added 2-3 other jobs to my daily work ... A: About the only thing you can do is talk to him about it. With so many layoffs in this time of ...
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| No Work..Time off | 2/27/2009 |
Q: I work in CA. full time and recently had a payroll deduction of 10% and my hours have been cut. The ... A: It is considered a layoff. I don't think they are trying to get you to quit, I think they probably ...
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| Told to resign or be fired but paid healthcare for 1 month | 2/27/2009 |
Q: Feb 11 I was told that I had the option to resign or be fired. I chose to resign and it was ... A: Yes, you paid for insurance for the whole month, you should still have insurance. Send your ...
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| Working over 55 hours as a salary employee | 2/26/2009 |
Q: I was wondering, if you are a salary employee, and your employer wants you to work 60+ hours a week, ... A: Most salaried are exempt employees and hourly are non exempt. By exempt I am referring to the FLSA ...
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| Holiday Pay | 2/26/2009 |
Q: In regards to holiday pay, does the state of Ohio follow the federal regulations and guidelines? A: The decision to offer paid holidays or to pay a premium rate for working on holidays will be ...
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| salary employee | 2/26/2009 |
Q: I am a salary employee. My paystub reflects 40hrs per week. My manager says I have to work 50 hrs ... A: If you are salaried exempt than you are exempt from the FLSA labor law. Being salaried exempt means ...
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| Travel Pay | 2/26/2009 |
Q: Can my employer pay me a separate rate before and after an eight hour day? For example, I often ... A: The very first thing I will say is that California has the most lenient and beneficial rules for ...
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| Employer's use of PTO | 2/26/2009 |
Q: I am a salaried employee in California. My employer docks my PTO for any amount of absence -- 15 ... A: It is correct. PTO is not required by law in California. If it is given California considers it ...
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| Flex Scheduling vs. Overtime | 2/25/2009 |
Q: Our department would like to pilot a flexible work schedule in order to help our employees better ... A: Payroll is correct. The FLSA rules are that the employee must be paid overtime for all hours worked ...
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| Salary | 2/25/2009 |
Q: I work at a hotel in New Jersey, as a supervisor at the front desk we are obligated to work 9hs a ... A: Salaried non exempt are paid for the job. If you leave early they cannot dock you the time because ...
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| unpaid lunch break | 2/25/2009 |
Q: I work for a large national Co.I am an hourly employee. My manager has just this week installed a ... A: Breaks are not required by law, but the law says that if you are not paid for the break you must be ...
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| duties on/off the clock | 2/25/2009 |
Q: I am a server in a restaurant in California. My manager requires me to do my paperwork, tip ... A: Any tipped profession is required to declare tips, that would include busboys, although I am not ...
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| Time clock | 2/25/2009 |
Q: My employer has just installed a time clock and they are telling me that if i clock in 15 minutes ... A: It is illegal for them to alter the time on your timecard or in the computer. They can round to the ...
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| Payroll Deductions | 2/24/2009 |
Q: Is an employer able to deduct parking tickets from an employee's pay check without the employee's ... A: You are not allowed to deduct amounts for parking tickets or anything other than government mandated ...
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| MT pay stubs | 2/24/2009 |
Q: I have recently relocated to MT for a job. All pay has been directly deposited with a stub that has ... A: Paystubs are required and should be given to you with your paycheck. Salaried exempt employees may ...
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| Question about controversial book in workplace | 2/23/2009 |
Q: A individual in our office was asked to do a team building event to promote excitement in the office ... A: It is against the law to discriminate against an employee because of their religious beliefs. You ...
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| bounced checks | 2/23/2009 |
Q: about a month and a half ago I started working for a professional cleaning company, small and ... A: If you do not know how to contact her than I don't know how you will be able to collect your money. ...
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| Mandatory time off without pay | 2/23/2009 |
Q: I work in Michigan and, instead of reducing our workforce, we have been told that we will all have a ... A: They are allowed to tell you which days you can take off. You can probably work with them to take ...
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| 1099 vs. w-2 | 2/23/2009 |
Q: I am currently working in Michigan as a hairdresser in a small salon. When I was hired on, I was ... A: You should be treated the same as the other staff. You should tell the owner that you want those ...
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| Uniforms | 2/23/2009 |
Q: When I started work I had to pay 15$ for my shirt. But then I heard somewhere that you shouldn't ... A: If the shirt has a logo on it and is specifically a uniform and you cannot wear it other places than ...
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| Lack of a Lunch Break | 2/23/2009 |
Q: Shirley, I work for a company in the state of Missouri that has a work schedule that does not ... A: Sorry, but you live in the state of Misery as my parents called it when they moved out west when I ...
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| pay check | 2/23/2009 |
Q: I work in Florida for a company based out of California,I receive my check in the mail because I ... A: They are not trying to bully you into Direct Deposit, although it is much easier and more cost ...
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| Salary changed to Hourly | 2/22/2009 |
Q: I have been with a wholesale produce company going on 6yrs. We are based out of Detroit,Michigan. I ... A: I would contact your local division of the Department of Labor and explain to them what you have ...
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| changed from hourly to salary. | 2/22/2009 |
Q: I was recently changed from hourly to salary. I noticed it on my paycheck and then later received ... A: In order to change you to salary from hourly your job had to be reclassified as an exempt position. ...
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| Illinois law for part time employees re: sick leave | 2/22/2009 |
Q: I have recently been approached by my supervisor regarding the number of days I've called in sick ... A: Illinois is an "AT WILL" state. That means that you can be fired at will and the company does not ...
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| "back pay" owed | 2/22/2009 |
Q: I am currently employed & "sitting" on paychecks at a struggling company. 1) If my employer shuts ... A: You need to file a claim of unpaid wages with the Department of Labor for the check which you are ...
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| hours worked in a day in ohio | 2/22/2009 |
Q: My daughter is a x-ray technician in ohio. She works 12 hours and is on call the next 12. Can her ... A: Written contracts are not required for every job. Your daughter needs to have a talk with her ...
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| Wage Claim | 2/22/2009 |
Q: I am a 1099 employee commercial truck driver. For one month, my employer has been withholding my ... A: Unfortunately if you are an independent contractor receiving a 1099 you need to take the company to ...
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| Job Hostily and Stress | 2/21/2009 |
Q: I worked for a company for almost two years and my employer was unbearable. Starting in November of ... A: It is not legal to change your wages without notice and only while drawing unemployment. It is also ...
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| Manatory Vacation | 2/21/2009 |
Q: My husband was told by his employer that he had to take a mandatory vacation for 1 week maybe 2 ... A: Yes he can. He should have signed up the first week. Their is a waiting week before he can draw ...
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| social sercurty frud | 2/20/2009 |
Q: my son has been having a problem since 2005 with somebody using his ss number to work. we made ... A: This is identity fraud and I have heard some horror stories. It is very hard to get it stopped. I ...
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| confused | 2/20/2009 |
Q: i own a salon in canada and have a emlpoyee who is on commission and is a hairstylist who is not ... A: You are not doing something wrong. You should set up a system where there is an equal division of ...
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| hourly pay | 2/20/2009 |
Q: My husband work at a restaurant where he is paid 10.00 hr.Sometimes when the restaurant needs a bus ... A: If he is working in a tipped environment than he gets 3.25 an hour, but if he does not make enough ...
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| Salary, PTO, and Docking | 2/20/2009 |
Q: I work for a company in Utah. I am paid salary, but when Hired, was told that I was Straight Salary ... A: If you are salaried you must be paid for the whole day if you work part of the day. You cannot be ...
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| Paystatement Distribution | 2/19/2009 |
Q: my company went to online paystatements or stubs and no longer mails them out...is there any rules ... A: As long as you have access to a computer and can get a statement that way they are not required to ...
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| Estimated Hours Worked | 2/19/2009 |
Q: I live in AZ. I recently started with a company where I punch a time clock. On bi-weekly Wednesdays, ... A: You should be paid for the actual hours worked. Time should be cut off on the last day they figure ...
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| black balled | 2/19/2009 |
Q: i worked at u.s.f holland witch is owned by y.r.c.corp witch owns road way and yellow freight i was ... A: I don't know a lot about the trucking business although my husband is a truck driver. What I do know ...
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| Labor law ca | 2/19/2009 |
Q: Could you please explain in easy to understand terms ca labor code 224. it is confusing. A: Section 224 has to do with which deductions can and cannot be deducted from an employee's wages. It ...
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| Vacation pay - New Jersey | 2/18/2009 |
Q: I've read the several responses where New Jersey does not require an employer to pay out unused ... A: If the company has paid other terminating employees than he cannot discriminate against you and not ...
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| not receiving payroll on time | 2/18/2009 |
Q: i am suppose to receive my check every friday or saturday. Instead it takes an extra 6-7 days for me ... A: The company is obligated to mail the check out by payday. When it is mailed out than it really is ...
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| salaried compensation | 2/18/2009 |
Q: I was recently changed to salaried exempt from hourly. I am salaried at 20hr/week, 40hr/pay period ... A: If you are salaried exempt it means you are exempt from the FLSA act and there is no limit to the ...
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| Fake Money | 2/18/2009 |
Q: I am a server at a very busy restaurant that serves a buffet on the holidays. On Valentines Day a ... A: Jen, It might help me to know in which state you are working. Some states do not allow deductions at ...
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| Payroll error | 2/18/2009 |
Q: I work for a union, in Illinois, and the contractor was paying me one pay rate since August of 2008, ... A: Yes, I would argue this with the company. It is not your fault you were given the wrong pay rate. ...
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| witholding 2 weeks pay | 2/18/2009 |
Q: We work for a Crown Corporation and became permanent employees in 2003, before that we were ... A: This is common in the workplace. I hold only a week back on new employees, but many companies hold ...
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| sexual herrasment | 2/18/2009 |
Q: Fran,yes my wifes boss is the owner of the company.And she has been writing it all down time and ... A: I am not Fran, but since this is on my list to answer I will suggest to you what you whom you should ...
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| paid time off | 2/17/2009 |
Q: I've been working with my company for a year and a half. On my recent paycheck stub it stated that i ... A: I would ask to see the policy that says that 7 hours a day is part time work. At our company part ...
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| Paychecks Routinely Withheld | 2/17/2009 |
Q: The home health agency I work for routinely holds, or threatens to hold, paychecks if employees get ... A: Paychecks cannot be held for this reason or for any other reason. The only reason to hold a paycheck ...
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| Salired Employees | 2/16/2009 |
Q: I read a question you answered about taking off part of a day to take care of personal business. Is ... A: If you are salaried exempt and you work part of a day you must be paid for the entire day. The ...
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| FULL TIME HOURS... | 2/16/2009 |
Q: A FEW QUESTIONS...Seems like this is a shifty company I work for. I am a salary worker, but last ... A: Salaried exempt employees do not work by the hour. They work by the job. They can work 50 or 60 ...
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| hours and days off | 2/16/2009 |
Q: I and some friends work in Colorado. Some of us are hourly employees of a company, some salaried. ... A: In a few states, there is a one day in 7 rule that says you must have off one day in 7. Not so many ...
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| Vacation Pay, layoff in Minnesota | 2/16/2009 |
Q: Our employer never had a written policy regarding vacation time, but has regularly allowed cashing ... A: The practice of paying out accrued vacation time does set a precident and if others are paid out you ...
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| hours and days off | 2/15/2009 |
Q: I and some friends work in Colorado. Some of us are hourly employees of a company, some salaried. ... A: The workweek is actually 7 consecutive days. The schedule within those 7 consecutive days is up to ...
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| work hours | 2/14/2009 |
Q: I was hired as a teacher at a private drug abuse center. I have worked there for 2 years. I was told ... A: Yes you can be terminated for not working the hours that are scheduled for your position. Can you ...
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| schedule vs. actual time reported | 2/13/2009 |
Q: I work for a small company in NW ohio. I am scheduled to work at 10:30 am until 7:30 pm. At time of ... A: Okay, I understand that you are being asked to come in two minutes earlier and will be leaving 2 ...
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| Falsified timesheets | 2/13/2009 |
Q: I work in California in the medical field and time sheets were due recently (ours are filled out by ... A: not time sheet information. If any information was compromised it was the error of the person ...
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| Contract Fulfillment | 2/12/2009 |
Q: I offered someone an hourly wage of $14/hr and it was conditioned on a one year committment, they ... A: If you offered them 14.00 I would pay them the 14.00. There is a verbal contract there even if you ...
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| workers comp | 2/12/2009 |
Q: My fiance was hurt on the job (contract work) and has been out of work for 3 weeks. He was going to ... A: He would have been better off with Worker's Comp because not only does worker's comp pay wages but ...
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| FMLA and Disability questions | 2/12/2009 |
Q: I am in the teaching profession at the high school level. This is my second year at my current job. ... A: If you resign your position than you no longer work for the district and you would not be eligible ...
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| Legality of someone else filling out timecards | 2/12/2009 |
Q: I work in a corporate legal office of 14 attorneys and 20 support staff. Everyone not salaried must ... A: The employees should be filling out their own timesheets. The employer is allowed to give ...
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| PTO cap at year end for California | 2/12/2009 |
Q: What is the law for how many hours an employer can cap the accrual rate for PTO at, for year end? We ... A: Your California Labor Relations considers vacation the same as wages. The company does not have to ...
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| administrative hiring date error | 2/11/2009 |
Q: An administrative error caused an incorrect hiring date to be entered and as a result "undue" ... A: Please explain, I do not understand how an incorrect hiring date could cause extra medicare tax to ...
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| Forced Electronic payroll | 2/11/2009 |
Q: My Calif. company is recently forcing people who do not use direct deposit to accept their paychecks ... A: I will answer the question you asked about Direct Deposit. No the state of California does not allow ...
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| Minimum hours paid | 2/11/2009 |
Q: I was wondering if there is a minimum nuber of hours my employer can schedule/pay me for if I work ... A: Whatever their workweek is it should be 7 consecutive days. This is what the FLSA (Fair Labor ...
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| Pay reduction | 2/10/2009 |
Q: Recently a fellow employee at my work opened my pay stub and saw what i made hourly, this employee ... A: I think the person that opened your pay stub should be written up for taking your personal property ...
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| pay check withheld | 2/9/2009 |
Q: I was recently employed with a truck driving company in utah I live in Arizona. I had an accident ... A: They will probably keep the 400.00 for the damage to the truck, but they should not keep your last ...
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| 1099 Employee | 2/8/2009 |
Q: I have been working at my job for almost four years. Until the end of 2006, I was paid off the books ... A: I do not know the work you are doing or the arrangement or classification of the position. I do ...
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| sick time for salaried employees | 2/6/2009 |
Q: Our company requires us to have sick time available or we are docked in pay ... but we are not paid ... A: If you are off one full day for personal reasons and do not have sick pay than you can be docked ...
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| harrassment and pay withheld | 2/6/2009 |
Q: . I have been out sick for a month. My pay check is being held because I am ill, there is plenty of ... A: You should not be harrassed for being ill. You should be allowed to draw sick pay and your check ...
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| CALCULATION OF HOURLY COMPENSATION | 2/6/2009 |
Q: MY EMPLOYER IS USING A COMPUTOR SYSTEM BASED TIME CLOCK, BUT THEY ROUND TO THE FIFTEEN, SO I PUNCH ... A: One minute does not seem right at all . We roung to the nearest 15 minutes as does many companies. ...
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| mandatory pto for sick days and a ding | 2/5/2009 |
Q: can a company make you use your pto when you call in and then give you a ding at the same time. ... A: This is legal and it is also very common in the workforce. The government does not "Yet" regulate ...
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| Mandatory vacation time | 2/5/2009 |
Q: My department is moving to a different floor. While the movers are physically moving our items, we ... A: Vacation and PTO time is not required by law. It is a fringe benefit given by the employer. The ...
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| Direct Deposit voucher | 2/5/2009 |
Q: I have a student who works for Wawa in PA. He states that he doesn't receive a direct deposit ... A: This is from PA Labor and Industry FAQ ...
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| got laid off and need legal counsel | 2/4/2009 |
Q: I was laid off this past money and I just received my severance package in the mail today. The ... A: That is standard language on a severence agreement. Read through it and see if it says anything ...
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| Fraudulent Time Card Punches | 2/4/2009 |
Q: I understand "buddy punching" is not allowed on a timecard as the timecard is a legal document and ... A: Businesses must pay workers for all hours worked. It is not legal for a supervisor or employer to ...
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| Warn Act | 2/4/2009 |
Q: My Husband was recently laid off from a company in TX last week effective immediately.The reason was ... A: The warn act only applies to large corporations laying off a large amount of workers. It would not ...
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| Employer withheld taxes but didn't pay in | 2/4/2009 |
Q: My former employer refused to pay my last check because it was overtime and he would only pay me ... A: I would contact the same people you contacted in court for the wages settlement and tell them about ...
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| funeral pay | 2/4/2009 |
Q: i just had my x-husband die. i took off three days. can i get atleast one day for this in pay? 2-i ... A: It would be up to the company if they would pay you for a day for the funeral. Some companies have ...
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| Bi-monthly payroll | 2/3/2009 |
Q: Recently the firm I work for gave us an extra check last year only saying that they had missed two ... A: When there is a leap year involved it is one day and it is only once every 5 years. I still don't ...
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| time between turning in payroll and payday. | 2/3/2009 |
Q: I am the department head in a small KY company where I have several hourly employees, who are paid ... A: In March my timesheets are collected on th 7th and payroll is paid on the 14th, that is one week, ...
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| Bi-monthly payroll | 2/3/2009 |
Q: Recently the firm I work for gave us an extra check last year only saying that they had missed two ... A: Whether days were missed would actually depend on when the pay period ended and when the paydays ...
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| Overpayment of wages after termination | 2/3/2009 |
Q: An employee receives 4 final checks in the mail after termination. When the mistake is discovered ... A: 4 checks is a pretty large mistake. First the employer should find out why 4 checks were sent out ...
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| work bonus | 2/3/2009 |
Q: As an incentive my boss offered me a monthly bonus. We compare the total collections from each ... A: All moneys including bonus checks are considered wages and taxable. They should have been taxed and ...
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| non payment for hours worked | 2/3/2009 |
Q: My wife and I have been working for a construction company for the past eight years. our work week ... A: If you are not paid for working than you can file for unemployment as you cannot work for free. You ...
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| Payroll policy change | 2/2/2009 |
Q: On 12/10/08 my company decided to change their payroll policy from every other week to bi-monthly. ... A: If you have received your total salary for 2008 than you are not owed anything more if you are ...
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| Payroll policy change | 2/2/2009 |
Q: On 12/10/08 my company decided to change their payroll policy from every other week to bi-monthly. ... A: The new pay period will incorporate more than 80 hours a pay period. Dec 14, 15, 16 should be paid ...
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| Changing my Timecard | 2/2/2009 |
Q: first off. I work in New York City at a drug store and I just found out that my store manager has ... A: I would have the people with cut hours send a letter to the Department of Labor in your state, if ...
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| Changing my Timecard | 2/2/2009 |
Q: first off. I work in New York City at a drug store and I just found out that my store manager has ... A: HR should not have called him but should have done an investigation and questioned everyone involved ...
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| Salaried Non-Exempt vs. Hourly | 2/2/2009 |
Q: If someone is considered a salaried non-exempt and only get paid half-time for overtime and then ... A: Salaried exempt do not receive overtime, they are not eligible for overtime at all. Salaried ...
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| Changing my Timecard | 2/2/2009 |
Q: first off. I work in New York City at a drug store and I just found out that my store manager has ... A: It is against the law to retaliate against an employee for filing a claim against the employer. It ...
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| my store supervisor | 2/2/2009 |
Q: I work as a cashier in a supermarket in Michigan and I have a growing problem with the store ... A: The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. Discrimination ...
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| pay stub | 2/1/2009 |
Q: I understand some states do not need to issue pay stubs. Would that depend on the company's state ... A: The state in which you work is the state in which payroll rules apply. The Texas Minimum Wage Act ...
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| last paychecks | 1/31/2009 |
Q: when an employee is terminated from a job...when does the employer have to have his last paycheck ... A: Georgia is an employment at will state. This generally means that either party without notice and ...
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| Not getting paid for hours worked | 1/31/2009 |
Q: I have been working for a company since June of 08 and for about the last two months I have sent my ... A: If you are not getting paid your correct wages than you need to speak to the payroll department and ...
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| State taxes for 1099's | 1/30/2009 |
Q: Our company (LLC)is based in PA. We find contractors from all over the US to work in various ... A: This is always a confusing topic. The American Payroll Association has seminars on this subject for ...
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| Lay-off date changes | 1/30/2009 |
Q: My company decided to relocate their accounting offices to another city and I + several other ... A: Ask for it in writing. Tell the company that if they wish you to stay you need it in writing that ...
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| last paychecks | 1/30/2009 |
Q: when an employee is terminated from a job...when does the employer have to have his last paycheck ... A: Bill, This is a state law. The states each have their own laws that determine when a final check ...
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| Work Without Pay | 1/30/2009 |
Q: Our company has instituted a "no overtime" policy. I can't get help and I can't get my work done in ... A: It is against the law for you to work without pay. You cannot volunteer to do it for free. If you ...
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| Commission pay | 1/30/2009 |
Q: I work for a company in Ohio as a commission only sales person. Every year territories are ... A: It does not hurt to ask and get your answers so you know how the plan works. I would go to Human ...
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| base pay | 1/30/2009 |
Q: I am a union hourly shift worker (12 hr shifts)we work rotating shifts days and nights, 2 times a ... A: Overtime is not considered base pay. Base pay is your hourly wage that you are paid. When they pay ...
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| not getting paid for work i did | 1/30/2009 |
Q: I use to work at Aeropostle in myrtle beach and I've gotten my last paycheck and everything is fine ... A: There are a couple of things you can do. First you can file a claim for unpaid wages with your ...
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| Unemployment Hearing... Please Help | 1/29/2009 |
Q: I was terminated from my employer in Florida. I received 3 letters of discipline within a year. I ... A: I would say to try and find another job right away. Intentional or not even the two non intentional ...
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| Worked free for experience | 1/28/2009 |
Q: Is it illegal in any country to work free without being paid, just to gain experience? I had worked ... A: This happened 10 years ago and the company has employed you for the past 5 years. I think it is a ...
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| Resignation | 1/28/2009 |
Q: I have at-will agreement with my former employer in Texas. I gave two-week notice about my ... A: The at will means that either person can terminate at will which is whenever they wish to do so. ...
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| Wage Act | 1/28/2009 |
Q: I am not sure if you can answer but I will ask anyway. I am located in Lincoln, NE. The company I ... A: The Nebraska Supreme Court recently determined that "accrued vacation time," which is part of an ...
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| Pay Stubs | 1/28/2009 |
Q: I live in Virginia. I have worked for a small company (6 employees) for 4 1/2 yrs. I have received ... A: Your local department of labor would enforce the labor laws. In most states deductions cannot be ...
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| vacation time payment rules | 1/27/2009 |
Q: We offer 40 hours of sick time/year and 80 to 160 of vacation time based on legnth of service. We ... A: Salaried employees are not based on 40 hours a week and not on 8 hours a day. They are not based on ...
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| pay reduction | 1/27/2009 |
Q: I work in Florida. My employer has substantially reduced my pay. The only explanation is that the ... A: It is not against the law for an employer to reduce wages. The law only says that you must be paid ...
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| Failure to clock in and out | 1/27/2009 |
Q: We have employees in Missouri and Arkansas who continually fail to clock out. We have retail ... A: They still have to be paid even if they do not clock out. It is not legal to not pay them. The ...
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| vacation pay | 1/27/2009 |
Q: Does an employer still have to pay you your unused vacation pay if you quit without a notice or a ... A: Whether or not you are paid vacation pay depends on which state you work in and the policies of the ...
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| FLSA violation | 1/26/2009 |
Q: I work as a paralegal in Colorado. In our policy manual, attorneys and paralegals are considered ... A: Salaried exempt employees are paid by the job and not by the hour. If hours are cut on Friday than ...
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| deducting 3 hours of pay | 1/26/2009 |
Q: I asked why my hours were short 3 hours that I had worked. I was told that because labor was high ... A: This is illegal, employees cannot be docked pay because salary is high. If the employee works he ...
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| FSLA , Vacation Pay at termination of Employment | 1/26/2009 |
Q: I have resigned my position at work and my employer is requiring me to take three days of Vacation ... A: Vacation pay is a fringe benefit. It is not required to be given by law, but it is given by the ...
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| Federal & State withholding | 1/26/2009 |
Q: In the beginning of 2008 my company was taking Federal and State taxes out of my paycheck, then ... A: You are liable for the taxes it is on your income. It is the employee's responsibility to check ...
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| Payroll schedule | 1/26/2009 |
Q: I work for a company in Houston Texas and we currently had our pay schedule changed. Was there a law ... A: I could find no law within the State of Texas statutes that address's this question. Since there is ...
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| w-2's | 1/26/2009 |
Q: McAllister. I worked for Steak and Ale. They filed chapter 7 in July of 2008 without any notice to ... A: You can contact the IRS at their online website. They will tell you what to do if you need to file ...
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| Vacation pay. | 1/25/2009 |
Q: Because of a hostile working environment, I recently left my job. I worked one day in January, then ... A: It depends on the state you live in and the vacation policy of the company. If you have a contract ...
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| no notice | 1/25/2009 |
Q: I live in an "at-will" state where an employer can fire employees at any time for any reason. But ... A: There are a few reasons why notice is not given: #1. Unfortunately when notice is given to an ...
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| unemployment question | 1/24/2009 |
Q: "I filed in November of 2008 for unemployment benefits when I was laid off from my sons business. I ... A: The New Jersey Unemployment laws as well as the Federal Unemployment laws have said that a father ...
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| Unpaid Commissions | 1/24/2009 |
Q: I resigned from my employer the first of January 2009. They owed me over $12K in commissions for ... A: You need to find out from them what the deductions were for. Insist that they give you something ...
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| Califorina time and a half holiday question | 1/24/2009 |
Q: what holidays do employees get time and a half? and do they have to work full time to qualify? A: There is no requirement by law to pay a premium pay for work done on a holiday. It is considered a ...
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| vacation pay after termination | 1/23/2009 |
Q: I was fired on 01/13/2009 for a no call, no show, on 01/13/2009. I have a slip that granted me 5 ... A: Whether or not vacation pay is paid depends on state rules. For the most part they go on the policy ...
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| Withholding reimbursement pay for disciplinary reasons | 1/23/2009 |
Q: Working for a non-profit agency in California, a new policy came out stating that the company would ... A: If you are not reimbursed mileage by your employer you may use the mileage documentation to take it ...
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| Withholding reimbursement pay for disciplinary reasons | 1/23/2009 |
Q: Working for a non-profit agency in California, a new policy came out stating that the company would ... A: Reimbursement is not considered salary or wages. None of the employment laws covering wages will ...
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| Hiring freeze + mismanagement = stress and mismatched responsibility/pay scale/job description | 1/23/2009 |
Q: Before the hiring freeze I was verbally approved to take over a position after someone left. We ... A: You need to talk to HR and see if they can help. An attorney cannot help you as there is no ...
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| employee file | 1/22/2009 |
Q: I had heard that a person is entitled to a copy of the contents of their employee file, not only ... A: Florida does not require that the employer show the employee their personnel file except "Employees ...
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| Unpaid Overtime Wages | 1/22/2009 |
Q: I recently was advised of the FairPay Rule that states that the minimun salary to be excluded from ... A: I don't know if you will be able to now go back and collect on overtime wages or not. You would have ...
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| vacation days | 1/22/2009 |
Q: Can a company force an hourly employee to take two vacation days to go to a doctor's appointment? A: Vacation time is a fringe benefit given by the employer. It is not something that the law says the ...
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| Vacation pay | 1/22/2009 |
Q: I have worked for a company for 18 years. Each January 1st my vacation resets. As of January 1,2009 ... A: It makes a difference if you are working in Wisconsin. In Wisconsin if the employer has paid other ...
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| Vacation pay | 1/21/2009 |
Q: I have worked for a company for 18 years. Each January 1st my vacation resets. As of January 1,2009 ... A: This would depend on which state you are working in because there are no federal laws regulationg ...
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| Grandfathered Vacation Time | 1/21/2009 |
Q: I live and work in Colorado. My company changed to a PTO policy last year and allowed employees to ... A: The statement below is a copy of the Colorado Statute which pertains to vacation pay. It says that ...
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| Breaks | 1/21/2009 |
Q: I work for a call center in NY, we have been advised that we cannot take a break to use the ... A: OSHA rules say that bathroom breaks must be given when necessary. It is not legal for them to deny ...
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| salaried managers | 1/20/2009 |
Q: I am on salary and have paid people in the past to work for me so I would not have to make up my ... A: This is not a legal practice and should not have been done. It is illegal to clock in and out on ...
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| Salary Pay re: Time off | 1/20/2009 |
Q: ..I recently started working for a company and I'm paid as a salary employee. I had to take 3 days ... A: Salaried exempt employees must be paid for any day that they work part of a day. They can be docked ...
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| Nonpayment of earned compensation | 1/20/2009 |
Q: My employer claims he has no money to pay for the last two months of my work - yet I believe he has ... A: There are a few options available to you. First of all you can file for unemployment since you have ...
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| Cut Wages | 1/20/2009 |
Q: I am currently employed as a salaried employee. My company feels they should deduct a days pay from ... A: Hours cannot be deducted from a salaried exempt employees pay if they leave early. They are paid by ...
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| Non-exempt vs. Exempt employees | 1/19/2009 |
Q: Can you explain what records an employer is required to keep on an exempt employee? Can an employer ... A: An employer can require an exempt employee to clock in and out but cannot act on the hours as if the ...
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| Age Discrimination | 1/19/2009 |
Q: St. of Fl - I was recently let go due to so called "budget cuts". Two other people (both w/poor job ... A: It could take some time for the EEOC to determine if you have a case. If there are others that have ...
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| Age Discrimination | 1/19/2009 |
Q: "I understand that a person has 300 days to file regarding age discrimination. I was passed over for ... A: You would need to file your claim with the EEOC. They will investigate the claim. If they find that ...
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| PTO | 1/19/2009 |
Q: "I have read the company employee hand book and it states the following, "The company provides paid ... A: It depends on whether or not they have paid other employees that terminated for their PTO. If they ...
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| Age Discrimination | 1/19/2009 |
Q: "St. of Fl - I was recently let go due to so called "budget cuts". Two other people (both w/poor job ... A: If there are layoff's you would have a hard time proving that it was for age discrimination rather ...
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| Unemployment and reduced hours | 1/19/2009 |
Q: My sister-in-law was working at at check cashing place and working 40 hours. They cut her hours to ... A: If her hours are reduced she can draw unemployment for having her hours reduced. The only way she ...
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| PTO | 1/18/2009 |
Q: Am I entitled to be paid for my PTO acquired after I'm terminated from employment? ANSWER: That ... A: In the state of Texas the law reads that you are paid upon termination for this type of fringe ...
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| Changing Payroll Without Prior Notification | 1/18/2009 |
Q: Is it legal in California for an employer to change the payroll from weekly to bi-monthly without ... A: The employer needs to let the employees know about the change before any work is performed on the ...
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| laid off & w-2 | 1/18/2009 |
Q: I live in Michigan and was laid off in February 2008. The company closed it's doors for good in ... A: I would wait until after January 31st and a little while longer to give the W-2 time to reach you. ...
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| Fair Labor Act Laws in Arizona for Pregnant Women | 1/18/2009 |
Q: Here's my story in short - I am seven months pregnant and my boss just told me today that he decided ... A: I would call the department of labor and file a pregnancy discrimination claim. I would also hire ...
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| Age Discrimination | 1/18/2009 |
Q: St. of Fl - I was recently let go due to so called "budget cuts". Two other people (both w/poor job ... A: You may have a case for age discrimination. My suggestion would be to find an attorney with ...
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| Pregnancy Discrimination | 1/16/2009 |
Q: I am in the early stages of pregnancy. I work in California in management, and have worked for my ... A: It is not legal for him to discriminate against you and terminate you because of a pregnancy. If he ...
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| PTO | 1/16/2009 |
Q: Am I entitled to be paid for my PTO acquired after I'm terminated from employment? A: That would depend on a couple of things. #1. The PTO laws are different for each state. It would ...
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| vacation cash out and payroll deductions | 1/16/2009 |
Q: My employer's policy is to cash out accrued vacation upon separation. Is this cash out subject to ... A: Yes if vacation is cashed out upon separation all the same deductions as payroll exist. In addition ...
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| Salary Review | 1/15/2009 |
Q: I was recently declined a raise. I was told in the meeting that though I had performed ... A: It is not against the law for the employer not to give a raise. The law simply states that you must ...
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| where you're headquartered vs where you work and PTO payout | 1/14/2009 |
Q: We are looking at adjusting our PTO payout on termination policy and I am finding that following ... A: There are no federal laws regarding PTO and termination, the only laws are state laws. The laws ...
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| family medical leave/vacation | 1/14/2009 |
Q: At our company employees earn vacation monthly, either 1/2, 1, 1 1/4, or 1 1/2 days per month ... A: They cannot do this, they must put you on FMLA if you are eligible for FMLA. They can require that ...
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| Final Paycheck | 1/14/2009 |
Q: We have an employee who has resigned. During her employment the company has given her tuition ... A: This is not legal to do. You may only deduct one payment out of each of her last paychecks. you ...
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| Exempt - PTO | 1/14/2009 |
Q: state = NC I am an exempt employee, and I generally work 45-50 hours per week during the busy times ... A: Salaried exempt employees are not paid by the hour. PTO time is used in full days and half days not ...
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| Multiple Violations(I think) | 1/13/2009 |
Q: I live in Michigan. I recently left employment with a 5 store secondhand retail chain. After ... A: This sounds like a terrible place to work, however, the Michigan Department of Labor is the agency ...
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| Severance Agreements | 1/13/2009 |
Q: Shirley, In general, do you recommend that salaried employees sign a Severance Agreement or should ... A: Read over the severence agreement and if you are in agreement with what is said and have no problems ...
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| Holiday pay and Overtime | 1/13/2009 |
Q: I actually worked 49 hours during the week with Christmas in it. I received my check and found that ... A: Holiday pay is not counted toward overtime. You should be paid for 40 hours regular time , 8 hours ...
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| salaried employes | 1/12/2009 |
Q: My husband is paid on salary and the company he works for decided to close the day after New Years ... A: There are different places you can find the information, but this is the one that explains it the ...
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| Mailing a check | 1/12/2009 |
Q: If an employee quits by no call/ no show, am I required to mail her check to her? It has been here ... A: Unless you want her to put in a claim for unpaid wages with the Department of labor I would mail the ...
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| Mandatory Shut down days | 1/12/2009 |
Q: My wife's company has notified their respective employees that they will be conducting random shut ... A: They are eligible to draw unemployment. You have a waiting week, than you have a percentage which ...
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| Holiday pay for people who work four ten hour shifts | 1/12/2009 |
Q: I work four ten hour shifts weekly as a sonographer (Ultrasound) in a hospital however I am a ... A: It is legal. The company policy says that you are paid for _______amount of holidays. They are paid ...
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| Full Time empl. status and PTO benefits | 1/11/2009 |
Q: Can an employer dictate staff clock 40 hours of work time to qualify for benefits? And if staff ... A: No this is not okay. It should be the same for all employees. If it is only for those with ...
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| Bad payroll checks | 1/11/2009 |
Q: Within the past few months I was laid off from my restaurant job. It closed due to poor management. ... A: You are responsible to pay the check cashing place, although the check should have been good , it ...
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| hiring discrimination | 1/9/2009 |
Q: I work for a small business in Oklahoma who is currently hiring for a specific position. We have an ... A: If there is not way that she could meet the qualifications of the job than document it. Document the ...
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| Bank Fees on Payroll Checks | 1/9/2009 |
Q: The bank which our employee checks are drawn on is charging 6.00 for cashing employee checks - thus ... A: The issuing bank should not charge a fee to cash a check for someone if they go to the bank on which ...
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| Half day increments for PTO | 1/9/2009 |
Q: I was just informed that in the State of California you are not allowed to take your PTO time in ... A: This is not true unless there is something new I don't know about. PTO is given to the employee by ...
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| changing pay periods | 1/8/2009 |
Q: My company was bought out by a bigger company. The new company changed our pay periods from bi ... A: You should have been told before any work was done under the new company. It is not right to put you ...
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| Final Pay Stub | 1/8/2009 |
Q: I was recently laid off from my job in Tennessee. My final paycheck was deposited into my account ... A: Tennessee law does not say that a pay stub is required. They do not address it in their payroll ...
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| laid of while ill | 1/7/2009 |
Q: I live in Ontario and have been working in a company over 1 yr. Recently, I became ill and have been ... A: I would contact Human Resources Canada and talk to them about it. I do not believe that it is legal ...
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| Payroll Errors | 1/7/2009 |
Q: I work in Wisc. for an airline based in Texas. I (and many other employees) are habitually cheated ... A: If you all go to Workforce Texas and file a complaint than they will probably do something. My ...
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| hourly employee pay. | 1/7/2009 |
Q: I am a small business owner in Virginia, and I furnish vehicles for use by my crews. They drive the ... A: Generally you do not have to pay for the time to drive to work and home again. It might get ...
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| Privacy review issues | 1/7/2009 |
Q: I am a professional with extensive management background and have come across Something very ... A: There is a law that says you may take a co worker with you to such a hearing, but it is not mandated ...
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| re: Being paid on time in general and during Hollidays | 1/6/2009 |
Q: My pay dates are the 1st and the 16th. My employer has paid us late on several occasions. During a ... A: You may have had taxes taken out on the Draw, but it was called commission payment and not a draw. ...
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| pay stubs needed from business that is closed down | 1/6/2009 |
Q: I am a former employee for a resteraunt that is no longer open. My problem is that I need my last ... A: The company is the only place that would have a copy of the pay stub. If you cannot contact someone ...
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| Tution Reimbursements and final check | 1/6/2009 |
Q: In California if you give two weeks notice can your company legaly withold your final pay check to ... A: No they cannot do this. There is a stipulation that if you did not give 72 hours notice before you ...
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| False reporting | 1/5/2009 |
Q: I was offered to be a partner in a dry cleaning business here in TN. The partner, said I would ... A: The Tennessee Department of Labor are the ones that enforce the labor laws. Each state has different ...
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| termination of vacation, sick and holiday benifits | 1/5/2009 |
Q: I have been working at the same job 3 years and every year i take my vacation in January. Last week ... A: Vacation is considered a "Fringe benefit". It is not the same as insurance benefits. It is something ...
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| Final Pay in State of VA | 1/5/2009 |
Q: If my last day of work was in December, doesn't my employer have to pay me in December 2008. My ... A: Your employer is allowed to pay you on the next regular payday. It will not cause more social ...
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| benefits and payroll | 1/5/2009 |
Q: My company is changing its policies in 2009. They are going to pay 50% of benefits. They way they ... A: The benefits should not be taken from the hourly amount. They should be deducted from the check ...
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| direct deposit | 1/4/2009 |
Q: Three weeks prior to my payday I submitted a change of direct deposit to my company. I had closed ... A: This is why I do prenotes on any new accounts. I make sure it goes through and issue a paper check ...
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| PTO listed as Holiday Pay | 1/3/2009 |
Q: My husbands company has a Paid time off policy of 23 day per year. However on his pay stubs they ... A: If it is a mistake and they just simply typed in the wrong account, yes they are allowed to fix a ...
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| overtime pay in NC | 1/1/2009 |
Q: Yes I recently started working for a hotel, and we are on a 80 hour work week. Sometimes I clock in ... A: The overtime should be figured on a 40 hour week. If you worked over in one week that you should be ...
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| memployees | 1/1/2009 |
Q: I am starting a new job in California where I have just moved. I read your previous answer to ... A: I do not deal with commissioned only employees, but since you are also earning a base pay you should ...
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| Payday lands on holiday | 12/31/2008 |
Q: If a payday falls on a holiday can an employer pay you later then your normal payday? Since ... A: What day is your normal payday? If it is on Friday than the 2nd is the correct payday. Although ...
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| Payroll while on business trip | 12/31/2008 |
Q: My job (Texas) requires that I travel frequently to perform my duties. Many times, I have been in ... A: The law does not require a company to offer direct deposit. A check is a legal way to pay an ...
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| Overpayment of wages - final pay - CA | 12/31/2008 |
Q: I submitted my letter of resignation on 12/17/2008 and my last day of work was 12/24/08 (did not ... A: They can deduct an overpayment from your account. I would make sure that they know they have ...
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| Check Release | Texas | 12/30/2008 |
Q: Good Morning, I work for a school in Dallas, TX and have an issue with "live" paychecks being ... A: The federal credit law says that it is illegal to give out a post dated check. Sometimes I give out ...
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| payroll being cut | 12/30/2008 |
Q: I recently got laid off from a job that I had been at for 4-4 and half years.My salary had been the ... A: First you need to call the company and find out if it is a mistake and if they will cut another ...
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| Medical Ins. dropped | 12/30/2008 |
Q: My old employer stopped paying for medical coverage and never told employees. I am stuck with ... A: Call the Department of labor and tell them that you wish to file a non compliance with Cobra claim. ...
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| Half Day Paid Time Off laws in California | 12/29/2008 |
Q: I was hoping you would help clarify what the laws in California are regarding half days for ... A: PTO is paid by the employer. The salaried employee must be paid for the entire day if they work part ...
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| Legal Obligations to reinstated Employees | 12/29/2008 |
Q: I work for Circuit City which as everyone knows is having huge financial issues. Well the store I ... A: Do not sign anything. They are trying to get out of paying you unemployment. Tell the department ...
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| Non-payment of wages | 12/29/2008 |
Q: I worked at a company as their receptionist for over 6 months and on November 25th we gathered for a ... A: I suggest you check in with the department of labor and see if they have heard anything from the ...
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| partial unemployment and sick time | 12/29/2008 |
Q: I am working part time for a company that demoted me and cut my hours from 40 a week to 4 a week. ... A: If your hours are cut you are not absent from work when work is available. If your hours are cut ...
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| Legal Obligations to reinstated Employees | 12/28/2008 |
Q: I work for Circuit City which as everyone knows is having huge financial issues. Well the store I ... A: PTO is something which is considered a fringe benefit and in most states except for California you ...
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| Vacation Deduction | 12/22/2008 |
Q: I am a salaried employee in Texas. Four months ago I took 16 hours PTO and according to my paycheck ... A: They can only deduct them one time. Have them prove to you that they have not been deducted. If ...
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| Last check withholding WI | 12/22/2008 |
Q: I have googled my current situation and it is basically the same as read here. ... A: If you were advanced money on your wages than the company is allowed to recoup the advance. This is ...
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| Lunch Breaks | 12/22/2008 |
Q: I am a nurse, recently our administration started to take 30 minutes out of each shift for lunch and ... A: The Fair Labor Standards Act says that you must be paid for all the time you work. If you work ...
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| Employer owes back wages in excess of $10k | 12/22/2008 |
Q: My current employer in AZ has missed multiple pay periods over the last 2 months. I have researched ... A: Pay cuts are legal, you do not have to sign anything for a pay cut, the company simply must tell you ...
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| salary reduction | 12/22/2008 |
Q: I presently earn a salary and commission.I work in the automotive field.The service department I ... A: The company can cut pay as long as you are notified before you have done any work under the new ...
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| late payroll checks | 12/20/2008 |
Q: My wife works for a restaurant waiting tables. They get their paychecks by weekly, some days the ... A: If talking to the company management does not help, you can contact the Department of labor and see ...
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| Vacation pay | 12/20/2008 |
Q: I recently took vacation in September for the year of 2007. October 25th of 2008 I would have ... A: The Nebraska Supreme Court recently determined that "accrued vacation time," which is part of an ...
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| terminationated from a school bus job in ohio | 12/19/2008 |
Q: I was terminated for the vague reason of not completing the required 90days. Yet I was fired before ... A: If you worked until Friday than your final check could be paid on the 2nd of January as that is the ...
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| Holiday Pay | 12/19/2008 |
Q: The day after Thanksgiving is a "paid" holiday for our company, so in the past if any employee ... A: You are not required to do so, however, if you pay some for not working and some have to work it ...
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| Delayed Paychecks | 12/18/2008 |
Q: Due to bad weather, our paychecks are delayed. What are the regulations in CA in regards to ... A: California laws say that payroll must be paid on the paydates, however, if it is due to a delay in ...
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| Lunch Punches | 12/18/2008 |
Q: We are a medical practice. Administrative staff works 8a-5p and clinical staff works 8:30a-5:30p. ... A: The lunch period is for their benefit. It is hard to get them to take it. You cannot deduct it ...
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| PTO Policy Change | 12/18/2008 |
Q: I work for a small California non-profit corporation. There is one exempt employee and four ... A: Vacation and PTO time is considered a fringe benefit. The employer can pay it to you when he wishes. ...
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| salary employee | 12/18/2008 |
Q: is there a law stating that an salaried employee to be compensated for time over 45 hrs. a week? A: If you are salaried exempt you work by the job and not by the hour. You can be asked to work for any ...
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| Signing time sheets | 12/18/2008 |
Q: Does an employee have the 'right' not to sign a time sheet until the time has been worked? Time ... A: No one can be forced to sign anything they do not want to sign. However, if you do not sign and ...
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| Holiday - exempt employee Texas | 12/17/2008 |
Q: Our hospital has 6 holidays. Exempt employees were told they would now have to use their PTO for ... A: PTO is considered a fringe benefit given to employees. Because it is not wages employers may tell ...
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| direct deposit laws | 12/17/2008 |
Q: Is it true that a company must request either a voided check or letter from my bank with routing ... A: It is not a law, it is a policy. If you work for the company than you must follow company policy in ...
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| Wages | 12/16/2008 |
Q: I live in Florida. I recently left my sales position to relocate. I was paid an hourly wage. We were ... A: It is not legal, however, it may be easier to return the shirts. you worked in Florida. They do not ...
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| termination or abandonment | 12/15/2008 |
Q: I work as a Physician Assistant in the state of Florida. I am 60 days into my 90 day probationary ... A: This is unfortunate. I think I would talk to an attorney just see what he would say about it. You ...
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| garnishment | 12/14/2008 |
Q: I have been on permenent dissability since april of 2007,can an employer garnish your last vacation ... A: What is the garnishment for? If it is for child support or for a court ordered garnishment he can ...
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| consective work days without time off | 12/13/2008 |
Q: I have worked for a new car auto dealer in Las Vegas for 3 years as a Service Writer. Our normal ... A: Can all the employees go to the management and talk to them. Perhaps the ones working every other ...
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| Two weeks notice | 12/13/2008 |
Q: I put in my two weeks notice written and verbal. Three days before my two weeks was up the manager ... A: She does not have to allow you to work the 3 days and she does not have to pay you for them. You ...
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| minnimum wage/unpaid checks | 12/12/2008 |
Q: I actually have 2 questions. 1) I worked for a resturant where somedays I would leave making no ... A: It is the federal FLSA law that says you must be paid at least minimum wage whether or not you earn ...
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| Exempt PTO time | 12/12/2008 |
Q: Is it legal to require an exempt employee to use PTO when they are out of the office for a couple of ... A: The salaried exempt employee must be paid a full day when he/she works part of a day. The law does ...
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| tip pooling laws | 12/12/2008 |
Q: While you replied that "Tip pooling is a state law not a federal law. The state sets the laws for ... A: Tips are considered wages. State law decides how these wages are earned and paid. Tip Pooling is a ...
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| Hours Worked by Salary Exempt Emloyee | 12/12/2008 |
Q: I am a salary exempt supervisor. I am told by payroll that my salary is based on 2088 hours per week ... A: If you are salaried exempt than you are not working any amount of hours. You are paid an annual ...
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| Insurance premium deductions | 12/12/2008 |
Q: How much notice does an employer have to give to employees when it intends to increase the employees ... A: It should be done during open enrollment. That is when the new charges are given to the employees. ...
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| Excessive bathroom breaks | 12/12/2008 |
Q: Can an employee be required to clock out for bathroom breaks? This employee abandons her position ... A: OSHA requires bathroom breaks whenever needed. It sounds like this could be an employee issue for ...
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| illegal deductions | 12/12/2008 |
Q: Iam an over the road truck driver with my own truck i am currently signed on with Mason and Dixon ... A: You need to take copies of the paperwork that showed it was the amount agreed upon and send it to ...
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| worked 1.25 hours in a day, salary? | 12/11/2008 |
Q: I am an employer in Texas and recently terminated a worker based on failing a drug test. He worked ... A: If salaried employees work part of a day they must be paid for the whole day. Yes, you have to pay ...
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| paid time off NOT vacation time | 12/11/2008 |
Q: can you state as an employer to PTO to employee when to use in state of California? A: The state of California says that PTO must be treated the same as vacation time. Here is what is ...
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| Recieving pay stubs | 12/11/2008 |
Q: I am a nurse at a hospital and was recently informed that I will no longer receive my pay stubs by ... A: It is legal to distribute pay stubs electronically, however, you must have access to a computer , ...
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| Paid Time Off for Exempt Employees | 12/11/2008 |
Q: The company is considering closing on Dec 26th and Jan 2nd, can we deduct vacation hours from EXEMPT ... A: Exempt employees can be asked to use vacation pay for the time off. They must be paid, but it ...
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| Vacation pay | 12/11/2008 |
Q: I work with Spherion, a staffing company. Under their guidelines and policies, after 1 year of ... A: If they changed Federal ID #'s they are a new company. If they are using the same ID# and just ...
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| Submitted resignation letter, than hours were cut | 12/11/2008 |
Q: I have been a full time, 40 hr/wk hourly employee working for a hotel in Florida. I submitted my 2 ... A: The employer can let you go the minute you hand in your resignation if he so wishes to do so. ...
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| salary reduction | 12/10/2008 |
Q: I am a salaried retail store manager in the state of Missouri. I was injured at work and have filed ... A: Your employer can pay you less for the lesser duties. However, you can collect partial disability ...
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| Compliance of HR | 12/10/2008 |
Q: QuestionCan an HR Director deduct money from your paycheck without notifying the employee? The ... A: It is legal and correct for any one in the job of Human Resources to round time to the nearest 10 or ...
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| Salary vs overtime | 12/10/2008 |
Q: A co-worker was in an hourly position, making overtime. Now the employer wants her to become ... A: The employer can change the employee to Salaried if her job meets the requirements for an exemption ...
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| Exempt employees required to fill out a time card | 12/9/2008 |
Q: We have manager/mechanics that supervise and one that owns stock in our company. We always pay ... A: Exempt employees can be required to fill out time sheets, however, they cannot be paid or docked by ...
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| overpayment of salary | 12/9/2008 |
Q: In June 2008, our Canadian company overpaid an employee by approximately $17,000 gross. Because the ... A: This is a company error and it went undetected for 6 months. I wouldn't hold much hope out that you ...
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| vacation pay cash-out for lay off | 12/9/2008 |
Q: my boyfriend has just been laid off. According to his last 3 months of pay stubs he has 80.00 hours ... A: The law does not require vacation time to be paid out unless the company has a policy that says they ...
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| laid off after 60 days of employment | 12/9/2008 |
Q: My husband was offered and took a job last September and without notice was told two months later ... A: There is nothing you can do to get them to pay him extra pay. At will means either party can ...
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| Compliance of HR | 12/8/2008 |
Q: QuestionCan an HR Director deduct money from your paycheck without notifying the employee? The ... A: HR and Payroll can round the time to the nearest 10 minutes or 15 minutes on the timesheet. Either ...
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| Involuntary Termination of Employment | 12/8/2008 |
Q: I was terminated on Friday and it is now Monday but I have no paycheck. I've read they have 24 hours ... A: An employee who is discharged must be paid all of his or her wages, including accrued vacation, ...
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| Paying out PTO Upon Termination | 12/8/2008 |
Q: My company is in the state of Florida and we are trying to find out what the state law requires on ... A: The state of Florida has no statute requiring the payout of PTO or vacation time at termination. ...
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| Fairness in termination | 12/7/2008 |
Q: I was recently terminated for violating company policy that has been violated by many other ... A: Patty it sounds like you may have a gender based discrimination claim. If the other employee is male ...
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| Bonus | 12/7/2008 |
Q: I have been with Walmart for 10 months and I went on maternity leave October 21st and I had my baby ... A: You should still get a bonus the same as everyone else. However if it is tied to productivity and ...
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| Discrimination wrongful discharge | 12/6/2008 |
Q: What is the statue of limitation for wrongful discriminatory discharge? I was wrongfully discharged ... A: What you can do is find an attorney that will give you a free consultation and take the case on ...
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| PTO - carryover of hours from one year to next | 12/6/2008 |
Q: I work for a nationwide medical transcription service, MedQuist, and accrue PTO hours throughout the ... A: The state of Illinois does not require that PTO be paid. If the company does pay PTO than they must ...
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| salary overpayment, education | 12/6/2008 |
Q: I am a teacher in New York state and was overpaid in June of 2008. I want to know how much I need to ... A: They put the amount of taxes withheld on your W-2, including the overpayment of fica/medicare. You ...
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| summary of Hours Worked | 12/5/2008 |
Q: I work in a Kansas Nursing Home as an LPN.Several mistake have been made by our Human Resource's ... A: This is not true. You must be paid for your time worked even if the time is not recorded. However, ...
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| Bi-Monthly TimeSheets | 12/5/2008 |
Q: Shirley- I work for a law firm in GA and we are needing a bi-monthly timesheet for calculating OT. ... A: There is no easy way to track overtime with a bi-monthly or semi-monthly as it is commonly refered ...
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| salary overpayment, education | 12/5/2008 |
Q: I am a teacher in New York state and was overpaid in June of 2008. I want to know how much I need to ... A: They can file a form to get back the amount they matched the fica and medicare but they cannot get ...
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| Former Employer Delaying Profit Sharing Rollover | 12/4/2008 |
Q: I left a former employer 3 years ago. In July 2008, I submitted a written request to rollover my ... A: No such luck. Your rollover will be the amount that is in your account when the rollover actually ...
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| employee termination | 12/4/2008 |
Q: I have been trying to find the right information on the followingWe had a employee that was ... A: Salaried employee does not include vacation pay. Just because an employee is salaried does not mean ...
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| Pay for hours worked | 12/4/2008 |
Q: I live in FL. Does an employer have to pay you if you trained for 2 or 3 days, and then quit? I was ... A: Yes, you should be paid for the time you worked. Good luck getting the money from the company. ...
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| Is it legal???????? | 12/4/2008 |
Q: Back in August the 21st I was up for my annual raise. I was on my boss about it before the time came ... A: First of all there is no law on the books anywhere that says the employer must give you a raise. If ...
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| Payroll check cashing at bank | 12/4/2008 |
Q: Recently, one of our employees deposited a p/r check in her bank account in NJ/NY. Normally she has ... A: The bank can hold a check for 7 days, especially since she had direct deposit and had never cashed a ...
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| Temporary Layoff | 12/3/2008 |
Q: Can an employer (in Michigan) temporarily layoff a group of hourly employees over the holiday and ... A: Unfortunately Vacation pay is a fringe benefit given by the employer and he has control over when it ...
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| salaried (exempt) employee layoff | 12/3/2008 |
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