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Human Resources/Questions Answered by Expert Margie deMarteleire
| Subject | Date Asked |
| bad boss | 7/22/2010 |
| Q: My husband works on a large flower farm. He has been there 6 years. His boss has been there for 23 ... A: Karen - Whistleblower laws are for people who want to report defrauding of the government or ... | |
| Paperless requirement | 7/21/2010 |
| Q: Are there any laws in the State of Virginia that would discourage an employer to not provide an ... A: Mark - Below is an excerpt from the Virginia law on wage payment. It says, in short, than an ... | |
| OT for salaried exempt | 7/15/2010 |
| Q: I have been working the last 3.5 mos. as an exempt salaried co-manager at a convenience/fuel store. ... A: Dawn - That depends entirely on whether you are correctly classified as an exempt employee. ... | |
| Direct Deposit | 7/15/2010 |
| Q: Our corporate office is in TN but we have store locations in KY, VA, WV and SC...can we require ... A: Lisa - The state in which a person works is the governing state for determining whether direct ... | |
| Direct Deposit | 6/24/2010 |
| Q: Can you mandate direct deposit in the State of Mississippi? A: Angie - Mississippi has few if any state laws regar4ding workers' rights. It does not address ... | |
| Back Pay | 6/23/2010 |
| Q: My coworker and I were payed incorrectly on our paychecks regarding on call time. I was short 20 ... A: Travis - I am assuming that you have no concerns about actually receiving the money, and are asking ... | |
| State labor issues and PTO taken without permission | 6/22/2010 |
| Q: My Iowa based employer was recently purchased by a company out of southern California. It is my ... A: Chris - I have to say, that is one of the wackiest policies I have heard. In California, this would ... | |
| Question | 6/9/2010 |
| Q: New HR Manager Proficiencies. Why there is a need to know your employment law? A: Imran - The reasons are numerous. * HR usually has reporting obligations to the government, ... | |
| Punch out for lunch I can't take? | 5/26/2010 |
| Q: My company, a courier service, requires me to punch out for 30 minutes. If I do not punch out, the ... A: William - What your employer is doing is in violation of the federal labor laws, but in a way that ... | |
| Pay Reduction for Salary Employees | 5/23/2010 |
| Q: Early this year, the company I work for cut my salary by 5%. A month or so later, another 5% with ... A: Your boss is confused. While taking a lunch break is an issue for hourly employees, it has no ... | |
| Akward Situation | 5/21/2010 |
| Q: I was volunteering at a non profit thrift store in Texas. One of the employees and I were making ... A: Tomas - You and the Manager are in two very different positions with regard to your rights in this ... | |
| boss says i can only be paid hourly? | 5/13/2010 |
| Q: i work for a trucking company in chicago, i do the invoicing for the company. i asked my boss the ... A: Eric - I would be surprised if you were the only one being paid hourly. In fact, the federal law ... | |
| mandatory direct deposit | 5/10/2010 |
| Q: I am an annually contracted Counselor/teacher in a private (Catholic) high school in Illinois, can ... A: TITLE 56: LABOR AND EMPLOYMENT CHAPTER I: DEPARTMENT OF LABOR SUBCHAPTER b: REGULATION OF ... | |
| Wages | 5/2/2010 |
| Q: I live in New Jersey-last year I took a job with the Board of Education in my town as a sub-aide.I ... A: Lucille - Unfortunately, an employer can lower salaries in the absence off a union contract or ... | |
| Petit Larceny-Wells Fargo | 4/23/2010 |
| Q: I recently applied for a credit manager position at Wells Fargo. I just finished my final interview ... A: Michael - Under federal law, a prior criminal conviction cannot be used as an absolute bar to ... | |
| Paroll Deduction for Salaried Employee | 4/15/2010 |
| Q: I live in PA and wanted to know whether it was legal for an employer to deduct partial-day absences ... A: Nafeesa - Congratulations on the pregnancy. There is only one circumstance in which deducting ... | |
| Direct Deposit Authorization in California | 4/6/2010 |
| Q: Does the employer require the employee to sign an authorization form or is a void check or email ... A: Lien - The law about direct deposits is as follows: (Nothing shall) "Prohibit an employer from ... | |
| Salaried exemption | 4/2/2010 |
| Q: My boyfriend (R) is currently working as a maintenance manager in a manufacturing plant. He was ... A: Kathryn - I am going to assume that by "comp time" you mean overtime. Employees who work for ... | |
| Salaried exemption | 4/1/2010 |
| Q: My boyfriend (R) is currently working as a maintenance manager in a manufacturing plant. He was ... A: Kathryn - What a good girlfriend you are! Answer #1 - While it is illegal to fail to advise an ... | |
| Hourly Employees Rights | 3/30/2010 |
| Q: I have an employee who refuses to work evening hours. At the branch she works at it's a necessity as ... A: Felicia - Advise her when you tell her to think about it overnight that she will not be able to stay ... | |
| Hourly Employees Rights | 3/30/2010 |
| Q: I have an employee who refuses to work evening hours. At the branch she works at it's a necessity as ... A: Felicia - I am glad you added the part about her being pregnant. That raises another red flag with ... | |
| Hourly Employees Rights | 3/30/2010 |
| Q: I have an employee who refuses to work evening hours. At the branch she works at it's a necessity as ... A: Felicia - You first need to determine why it is that she refuses to work evenings. Is there a ... | |
| Final Paychecks | 3/20/2010 |
| Q: An employee didn't show up for work for over a week. We found the employee was in jail in another ... A: Jane - Do not release the check to anyone but the employee (probably former employee by now) or ... | |
| FMLA | 3/18/2010 |
| Q: I recently took 4 weeks of FMLA and I am taking 2.5 weeks of an intermittent work schedule. Since my ... A: Tamara - I did a little quick research before responding. The FMLA is not that old, and there have ... | |
| Exempt Pay Issue | 3/17/2010 |
| Q: If an exempt employee is required to work any portion of the work day, is the employer required to ... A: Jerri - Good questions that reflect the situation of many salaried exempt employees. Let me take ... | |
| Final Paycheck Questions | 3/15/2010 |
| Q: I was terminated on February 23, 2010, supposedly for "unsatisfactory performance". That was the ... A: Michael - How was left-over vacation time handled in your company? If you had earned the three ... | |
| Pay cheques being withheld | 2/22/2010 |
| Q: I should start by saying I'm in Canada, so I don't know if the same laws apply as in the U.S. but ... A: Logan - You are right, my information will be a bit more general than I like because of the ... | |
| FLSA/special comp | 2/16/2010 |
| Q: I am a State of Florida employee; we are compelled to use up our FLSA and/or special comp time twice ... A: Walter - Are you covered by a collective bargaining agreement or civil service rules? Is there a ... | |
| salaried exempt employee | 2/14/2010 |
| Q: I am an exempt salaried employee from wv is it legal for my employer to take away my vacation time ... A: Lynn - The advantages of being a salaried exempt employee have been eroding for quite a while, and ... | |
| Exempt employees and make up time | 2/12/2010 |
| Q: I work in an office that consists of all exempt employees - myself included. When the president ... A: Karoline - You are in a situation where the law and the reality of today's job market are butting ... | |
| Promotion with Raise in the Job description | 2/11/2010 |
| Q: Recently there was a job that opened up one position above mine. When the job description came out ... A: Kera - Nothing in employment law covers situations such as the one you have described. Wages and ... | |
| Exempt employees and make up time | 2/10/2010 |
| Q: I work in an office that consists of all exempt employees - myself included. When the president ... A: Karoline - Salaried exempt employees cannot be required to make up time lost as a result of actions ... | |
| Overtime pay for at will employee in p.a | 2/7/2010 |
| Q: Hey I'm a chef in restaurant in resort in p.a my question is first what is a (at will employee)I'm a ... A: Jeff - You have asked a lot of questions. I will answer them one at a time. 1. "At will" ... | |
| Employee Resignation | 2/4/2010 |
| Q: We have a small software company and we have been facing this issue from very beginning. The issue ... A: Uniza - You should seek the advice of an attorney in India to be absolutely certain of your rights, ... | |
| Snow Days and other issues | 2/2/2010 |
| Q: I have an issue with a few people in this work place. I would like to start off with I like kids ... A: Remazol - One method used to deal with salaried employees who take time off that is not made up but ... | |
| Typical Increase Moving from Non-Exempt to Exempt | 2/2/2010 |
| Q: Margie deMarteleire, I was recently promoted at work, and brought from a non-exempt status to ... A: Bob - There is no rule of thumb about salary changes when moving from nonexempt to exempt. In fact, ... | |
| PTO time | 1/27/2010 |
| Q: I am seeking information about PTO (paid time off) benefits in the following states: Arkansas, ... A: Angelle - There is no requirement in federal law to provide employees with paid time off. ... | |
| Vacation overage | 1/27/2010 |
| Q: I am in California and one of my employees took a vacation and didn't have enough hours to cover the ... A: Cristina - You can take one of two routes with this. You can agree that future PDOs will be ... | |
| Ethical Consideration | 1/13/2010 |
| Q: How are you? I hope you're doing well. I just want to ask your opinion regarding on this scenario: ... A: Cindy - This is a question that depends on where you, or the hypothetical company, are located. For ... | |
| FLSA Question | 1/5/2010 |
| Q: Can a salaried non exempt employee be required to clock in and out with a time card? A: Jayme - A salaried nonexempt employee, or any employee, can be required to clock in and out. A ... | |
| Pay Statement Information | 12/30/2009 |
| Q: What are your recommendations on having an employee's social security number included on their pay ... A: Angie - Given the amount of attention identity theft has received in the last decade, I am always ... | |
| Reducing Salaries | 12/21/2009 |
| Q: I work in PA in insurance and am salaried, can my employeer reduce my salary (no commision) just ... A: Michele - Unfortunately, the answer is yes. The pay of salaried exempt employees must remain a ... | |
| Snow Days | 12/21/2009 |
| Q: What is the responsibility of a company on a snow day? Are they paid days? We are a small software ... A: Michelle - This boils down to a business judgment. Very few laws require payment of sick, vacation, ... | |
| PTO Continued | 12/11/2009 |
| Q: I have given notice to my company that I am leaving in one week. Today is the last day of a pay ... A: Laura - It is not a required withholding, so No, it is not a loophole. It probably is good that ... | |
| PTO | 12/11/2009 |
| Q: My employer has just announced that at the last payroll, she will take into account everyone's days ... A: This is the statutory language: 31. This subtitle may be cited as the Maryland Wage and Hour ... | |
| PTO | 12/10/2009 |
| Q: My employer has just announced that at the last payroll, she will take into account everyone's days ... A: Laura - No state in the US allows reduction of pay that is due to an employee for reasons such as ... | |
| correct reply | 12/8/2009 |
| Q: I need this job. How to effectively reply to brush-off like that? Thank you for considering ... A: KB - What you received is a pretty standard response to candidates not chosen for a job. The fact ... | |
| Leaderhsip | 12/3/2009 |
| Q: Does a leader need managerial skills? A: Julian - Warning: This is my opinion only, not a scholarly treatise. I suppose you could argue ... | |
| holidays/vacation | 12/2/2009 |
| Q: My employer pays 5 hours for holidays to fulltime employees working 32-34 hours. Can they make me ... A: Madi - If you are an hourly nonexempt employee, there should be no reason for requiring you to take ... | |
| Unfair Labour practice | 11/30/2009 |
| Q: I was appointed as a Area Manager for a credit provider by the MD of the company on an annual ... A: Mark - Unfortunately, employers are free to change salary terms absent a written contract of ... | |
| unprofesional and probly illeagle | 11/27/2009 |
| Q: my supervisor is a extreamly offensive person. he passes gas every chance he gets, expecialy if your ... A: What your options are depends in part on where you work. Most large employers have a Human ... | |
| Worries of a performance appraisal interview | 11/25/2009 |
| Q: what&why employees usually worry about of the performance appraisal interview? A: Ryan - The simple answer is that no one likes to hear criticism of themselves, and that is what they ... | |
| Pro rated salaries | 11/25/2009 |
| Q: I live in the Middle East. And I wanted to know what are the different ways in which I can calculate ... A: Pooja - All I can do is to tell you what would be the process here in the US. If there are laws ... | |
| Pay Reduction for Salary Employees | 11/23/2009 |
| Q: Early this year, the company I work for cut my salary by 5%. A month or so later, another 5% with ... A: Certainly, your employer can ask. You are not obligated to work without pay, however. Partial day ... | |
| Pay Reduction for Salary Employees | 11/21/2009 |
| Q: Early this year, the company I work for cut my salary by 5%. A month or so later, another 5% with ... A: The below language is from an advisory issued by the Department of Labor: An employer is not ... | |
| Holiday pay for part time employees | 11/18/2009 |
| Q: How do you calculate holiday pay for part-time employees. I have some that work 1-2 hours per day ... A: Wendy - Because there is no law that requires employers to give employees holiday pay, unless you ... | |
| salaried employees | 11/17/2009 |
| Q: I own a small pizza store in Ohio. All the employees in the store were hired based on an hourly ... A: Marie - What you are doing with the salaried pay is in violation of state and federal law, so going ... | |
| VACATION ADVANCE PAYBACK | 11/16/2009 |
| Q: While I realize that a California employer cannot require a terminted employee to pay back advanced, ... A: The rule throughout the US is that employers can make deductions other than the usual - taxes, ... | |
| Exempt or not | 11/13/2009 |
| Q: I have never been one to worry about hours necessary to complete a project. I work in the ... A: Job descriptions are relevant only to the extent they accurately reflect what a person does. It is ... | |
| Exempt or not | 11/13/2009 |
| Q: I have never been one to worry about hours necessary to complete a project. I work in the ... A: Lawson - If most of the serious decisions are made by people other than you, you may well be ... | |
| Exempt or not | 11/12/2009 |
| Q: I have never been one to worry about hours necessary to complete a project. I work in the ... A: This is a very fact-specific question to answer, but I will give you my opinion and spell out the ... | |
| Salary to Wage | 11/11/2009 |
| Q: I have been working for a company for five months now on salary. I was recently told that I will be ... A: Mae - Being salaried is a mixed blessing. With a few exceptions, salaried employees have to be paid ... | |
| payroll over payment | 11/9/2009 |
| Q: My former employer provided me with a departing colleague notice that on my last payroll check I ... A: They owe you. If you earn vacation and have the right to be paid for remaining time upon separation ... | |
| Change in exempt status | 11/8/2009 |
| Q: I was hired in Jan 2009 as a salaried employee to do marketing and community education. The terms ... A: State laws differ for Unemployment Compensation, but ordinarily you would be eligible for ... | |
| payroll overpayment | 11/6/2009 |
| Q: I was offered a different position at work in June 2008, I told the supervisor that I needed $30/hr ... A: Natalie - Nothing in the Pennsylvania Wage Payment Act authorizes your employer to make deductions ... | |
| Overtime pay for exempt manager in CA | 11/6/2009 |
| Q: I hope you can help me: BACKGROUND INFO: I am a Police Lieutenant working for a city ... A: I am going to assume that you are not a member of a bargaining unit and subject to a labor ... | |
| Compensation for services performed for "sister" company | 11/4/2009 |
| Q: I work in PA as the business manager for a (for profit) health care services agency. I started in ... A: Brian - Your question raises more than one issue. The core question is whether you are being ... | |
| WAGES | 10/31/2009 |
| Q: I found out from my co-worker that she get paid more. We have the same years of experience. Can my ... A: Irene - Yes, your employer can pay you less than your co-worker. Employers can make different salary ... | |
| salary employees | 10/29/2009 |
| Q: If you are a foreman and is salary paid employee based upon forty-five hours and work more than that ... A: Victor - If I understand your question, you want to know whether a salaried employee is entitled to ... | |
| overpaid wages 2008 | 10/23/2009 |
| Q: I left my old employer in Pennsylvania (on good terms) in July 2008 but then noticed that I received ... A: Almost all income we receive is taxed in one way or another. Your employer treated the payments as ... | |
| Salary Overpayment and Taxes | 10/12/2009 |
| Q: Margie, I received a letter from my former employer indicating that they had overpaid me by about ... A: Your former employer is no different from any other creditor to which you owe money. They are no ... | |
| Salary/Exempt Question | 10/8/2009 |
| Q: I am e-mailing to ask a question to get some information about possibly changing some policies in my ... A: Of course, I will assume that you understand the other factors involved in making employees salaried ... | |
| appropriate conduct | 9/5/2009 |
| Q: I have a question that I hope you can help me with. I and some associates have been discussing some ... A: I can tell you that such behavior is illegal only when it is directly tied to people within a ... | |
| School District Employees put in Special Exempt Category | 9/2/2009 |
| Q: Can you please tell me where I find language in FLSA that speaks to Florida School Superintendents ... A: Patti - Florida follows the federal law, so there should be no state law explanation for this ... | |
| FMLA Claims | 9/1/2009 |
| Q: Who is responsible for approval or denial of FMLA Claims? A: Mr. Whidbey - It is up to the employer to determine whether an employee who has asked for FMLA leave ... | |
| hi... | 8/28/2009 |
| Q: what should i answer in army interview if i were asked to describe myself.... A: Prateek - This question is answered differently depending on who is asking. For an Army interview, ... | |
| FLSA Exempt Time Reporting | 8/20/2009 |
| Q: I am a professional gov. worker exempt from FLSA, however I am a represented employee (union) and at ... A: Gail - I think one of the hardest things about work life is that we cannot be genuine with our ... | |
| FLSA Exempt Time Reporting | 8/20/2009 |
| Q: I am a professional gov. worker exempt from FLSA, however I am a represented employee (union) and at ... A: Gail - 1. The federal and state laws do not speak to recording time except to say that it should ... | |
| FLSA Exempt Time Reporting | 8/20/2009 |
| Q: I am a professional gov. worker exempt from FLSA, however I am a represented employee (union) and at ... A: Gail - Your employer can ask that you keep time records despite your exempt classification. If ... | |
| PTO and No Overtime Pay | 8/17/2009 |
| Q: Sorry they would not let me do another follow-up. I understand that I would not get overtime. But ... A: As I said, if your employment contract and/or personnel handbook do not have anything contrary about ... | |
| PTO and No Overtime Pay | 8/17/2009 |
| Q: I work for a non profit in Michigan. My normal work week is 32 hours. If during the week I take 8 ... A: Sometimes these issues boil down to terminology. You are not entitled to overtime pay - you are ... | |
| PTO and No Overtime Pay | 8/17/2009 |
| Q: I work for a non profit in Michigan. My normal work week is 32 hours. If during the week I take 8 ... A: I think I misunderstood the question, for which I apologize. If you are entitled to paid PDO, and ... | |
| PTO and No Overtime Pay | 8/17/2009 |
| Q: I work for a non profit in Michigan. My normal work week is 32 hours. If during the week I take 8 ... A: Yes, Stace, it is legal. Overtime is not due until a person has worked forty hours a week. Even if ... | |
| Traveling for work | 8/11/2009 |
| Q: OK since I have tried with no success looking the answer up on my states labor law website perhaps ... A: Bryan - As a rule, traveling time to and from a job site is not compensable time. If you had to ... | |
| holiday pay | 8/10/2009 |
| Q: recently found out that my husbands employer has not been paying any holiday time to their ... A: I looked at Montana law, and found the following in their Frequently Asked Questions document: ... | |
| team lead | 8/6/2009 |
| Q: does a team lead medical assistant have authority to discuss another employees review or pay rate. A: This is not a black and white answer, sorry. Generally speaking, employers prefer that employees ... | |
| negotiating salary with new company | 8/5/2009 |
| Q: I am awaiting a job offer and have spoken with the potential employer in broad terms about the ... A: There is no law saying a former employer cannot tell a prospective employer salary information. ... | |
Human Resources
Answers by Expert:
Margie deMarteleire
Top Expert on this page
Expertise
FLSA White Collar Exemptions, payroll issues, final paycheck law for all fifty states, some state wage & hour laws
Experience
I am an FLSA Analyst at a large staffing company. I see exemption requests all day long. I am also an attorney, although as I am sure you know, I will not be giving legal advice.
Education/Credentials
BA Communications, Temple University, Summa Cum Laude, Phi Beta Kappa
JD, Temple University School of Law, Magna Cum Laude
Certificate in HR, Cornell University ILR Department
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