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About 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

   

You are here:  Experts > Jobs/Careers > Human Resources > Human Resources

Questions Answered By Expert  Margie deMarteleire 
In Category  Human Resources

SubjectDate Asked

Holiday pay for part time employees11/18/2009
  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 employees11/17/2009
  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 PAYBACK11/16/2009
  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 not11/13/2009
  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 not11/13/2009
  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 not11/12/2009
  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 Wage11/11/2009
  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 payment11/9/2009
  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 status11/8/2009
  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 overpayment11/6/2009
  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 CA11/6/2009
  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" company11/4/2009
  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 ...
WAGES10/31/2009
  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 employees10/29/2009
  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 200810/23/2009
  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 Taxes10/12/2009
  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 Question10/8/2009
  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 conduct9/5/2009
  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 Category9/2/2009
  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 Claims9/1/2009
  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 Reporting8/20/2009
  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 Reporting8/20/2009
  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 Reporting8/20/2009
  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 Pay8/17/2009
  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 Pay8/17/2009
  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 Pay8/17/2009
  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 Pay8/17/2009
  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 work8/11/2009
  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 pay8/10/2009
  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 lead8/6/2009
  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 company8/5/2009
  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. ...

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