About Experts Sitemap - Group 71 - Page 4 2012-07-27
Employment Law: Can my employer tell me what to do during my off the clock break?, fellow teammates, minute breaks
fellow teammates, minute breaks, inappropriate behavior: Your company cannot tell you where to sit during your lunch breaks. They do have control of the 15 minute breaks because they pay you for them. Starbucks can refuse to serve anyone and can tell your company that it s employees are not welcome because of...
Employment Law: employment contracts, nuclear power industry, employment contracts
nuclear power industry, employment contracts, working in canada: You should check over your employment contracts with an attorney. The Human Resource employee in Canada said you would not be double taxed. Insurance is not a tax. The insurance in Canada is socialized and it is not good in the U.S. Since you were hired to...
Employment Law: Do I have an employment discrimination case?, employment discrimination case, personal vendetta
employment discrimination case, personal vendetta, rejection letter: Stephanie: It is unlawful to discriminate against an applicant for a position on the basis of their age, gender, race, religious background, ethnic background or disability. Let s presume your old Boss told you the exact truth, that they will not hire...
Employment Law: employment law, old grandmother, friends mother
old grandmother, friends mother, fmla: Jason: If the company involved is covered by FMLA, and if the lady qualifies for FMLA, the thing to do is have here request a FMLA leave. If she qualifies, this will keep the company from dismissing her account missing work. FMLA lasts for 12 weeks. ...
Employment Law: exempt pay for short work week, fringe benefit, exempt employees
fringe benefit, exempt employees, workload demands: Scheduling is left up the the management of the company. It is not an employment law issue and is not covered by employment law. The company has the right to schedule as it sees s fit for the managment of their company. There is no labor law that will cover...
Employment Law: FMLA / Bereavement Leave, bereavement leave policy, home hospice care
bereavement leave policy, home hospice care, employment benefit: Chad: I think you have a good understanding of FMLA. If you notified the Company that you are ready to return to work and that your Mom passed, I think they should have reinstated you to service, and at the same time put you on the Bereavement Leave....
Employment Law: FMLA question, rebecca rebecca, employee portion
rebecca rebecca, employee portion, health care benefits: Rebecca: FMLA requires your health care benefits continue while you are out of work, but does not relieve you of responsibility for the employee portion of the preimum while you are out of work. You certainly own that preimum for the time you were out...
Employment Law: Forced out of a Job, Jason Barnette, Barnette Law Offices
Jason Barnette, Barnette Law Offices, Tennessee Employment Lawyer: Stephan: Perhaps but, it would depend on whether you are a member of a protected class under the EEOC regulations and your state parallel; i.e., minority, person with a disability, over the age of forty, etc. If you are then, yes, you may have a valid...
Employment Law: Forced Payroll Deductions, federal labor law, minimum wages
federal labor law, minimum wages, payroll deductions: I am sorry for you working in Florida, they do not have a Department of Labor. The FLSA (Fair Labor Standards Act) says that no employer can take an employee s wage below minimum wages. Deductions which put wages below minimum wage are not allowed. There...
Employment Law: Full time status, time college student, department of employment
time college student, department of employment, profit company: 40 hours is full time. If they give you a problem with this than call the State Department of Employment. If you are working 48 hours you need paid 40 regular time and 8 overtime. They cannot make it 48 hours for full time. The Fair Labor Standards Act...
Employment Law: FMLA / Bereavement Leave, bereavement leave, fmla regulations
Employment Law: FMLA / Bereavement Leave, bereavement leave, fmla regulations, critical issue
Employment Law: i feel cheated, time and a half, changing jobs
time and a half, changing jobs, old job: I think that you should have stayed where you were sounds like you got the short end of the stick by changing jobs. If she is paying you on commission you need to know how the commission is figured is it on the business brought in by the truck or what....
Employment Law: final paycheck, state of washington, paycheck
state of washington, paycheck, wages: In the state of Washington Termination wages are due to the worker on the next regularly scheduled payday regardless of whether the worker quit or was fired. Whenever the scheduled payday is for the wages due if you were still working is when the final wages...
Employment Law: final paycheck and deductions, promissary note, unpaid wages
promissary note, unpaid wages, ohio gov: In most states they do not have to pay vacation upon termination. Perhaps you can talk them into using both weeks of vacation and paying off the insurance payment. They cannot hold your check and they cannot force you to sign a promissary note. contact...
Employment Law: fmla, state of texas, department of labor
state of texas, department of labor, fmla: The state of Texas has nothing to do with FMLA. This is a federal law and not a state law. The Department of labor does govern FMLA claims. Deadlines must be met, but perhaps if you called the Department of Labor and explained the situation that it was...
Employment Law: forced personal leave, american with disabilities act, family medical and leave act
american with disabilities act, family medical and leave act, american with disabilities: Justin: First, I would inform the unemployment office that you were given the choice to be terminated or be put on unpaid leave. They terminated you. You did not resign. To answer your first question, yes, they can insist you go on leave, and under...
Employment Law: forced to sign resignation letter, managerial level employee, resignation letter
managerial level employee, resignation letter, probation period: Dear Raman, Hope you re doing fine. Regret the delay in writing. Once you have submitted a resignation clearly giving a notice period also you cannot do anything. Nobody will say a managerial level employee drawing a ctc of 3 Lakh wrote a resignation....
Employment Law: gas drive offs, Jason Wade Barnette, Jason Barnette
Jason Wade Barnette, Jason Barnette, Barnette Law Offices LLC: Richard: Your best option is probably to simply file a civil action in your jurisdictions small claims court. Jason Barnette, Esq. Barnette Law Offices, LLC 1800 Hayes Street; Suite 122 Nashville, TN 37203 615-585-2245 http://www.barnettelawoffices.co...
Employment Law: Hourly Management, ballas, charlene
ballas, charlene, vacancy: Charlene: That is up to the Company. If they are saying you must do this as part of your job duties, you may wish to request additional compensation for being on call. I am not sure from your question if you have to work a vacancy that comes about if someone...
Employment Law: Huge Overpayment of Salary, overpayment of salary, expense reimbursements
overpayment of salary, expense reimbursements, irs rules: I would first contact the Department of Labor. They may be able to help with the taxes. The company will now have to go back and refile all their tax forms. You also should only be paying back the net as the taxes have already been taken out incorrectly. ...
Employment Law: hairstylists commission vs. minimum wage, tipped employee, minimum wages
tipped employee, minimum wages, reguarding: It is not a Florida law it is a federal law under the FLSA (Fair Labor Standards Act) that if a tipped employee does not earn enough in tips to make minimum wages than the company the employee works for must top the wage up to make it minimum wage. Shirle...
Employment Law: harrasment in work place/age discrimination, Jason Barnette, Barnette Law Offices
Jason Barnette, Barnette Law Offices, Barnette Law Offices LLC: Karen: I would advise you to consult with an attorney in PA. Go to the National Employment Lawyers Association website for more information on who is close to you. You can also file a complaint with the EEOC and your state Human Rights Commission. ...
Employment Law: holiday pay, holiday hours, holiday time
holiday hours, holiday time, employment contract: The law does not say the company must pay you for any holiday hours. If the company does wish to pay for holiday hours it does not have to pay you holiday time for a scheduled day off unless it says it will do so in your employment contract or in a handbook....
Employment Law: my hour lunch?, lunch period, split shift
lunch period, split shift, ballas: Lelsie: Let me see if I understand the question. You are being given a 2 hour lunch period, unpaid. Then you are going back on the clock to work hours after the end of the lunch period? If that is your question, yes the Company can establish your lunch...
Employment Law: hr/salaried question, federal fmla, americans with disabilities act
federal fmla, americans with disabilities act, war vet: Vicki: You do not have to pay him if he is not working. Since he has been with your company for less than 12 months, he does not qualify for federal FMLA, even if your company is covered by the Act. Here is a link to information on FMLA you can use to...
Employment Law: Labor laws, final checks, arizona department
final checks, arizona department, labor laws: You can call the Arizona Department of labor and file a complaint with them that you are not receiving your paychecks on time. They will investigate and talk to the employer. I do not really know what they can do if there is no money to pay you than...
Employment Law: Late Pay, local department, exact dates
local department, exact dates, paychecks: The first thing you should do is talk to the company and tell them that it is making things difficult for you financially because the paychecks are not given to you in a timely manner. If this does not help than you can make a complaint with your local...
Employment Law: The Law, ballas
ballas: Jessica: If you are asking if the law governs how an employee resigns, it does not. Typically employees resign in writing, but there is not a law that demands it be done that way. Many people just tell the employer, I quit . If you are asking about...
Employment Law: Lay-off/Retaliation, employee evaluation, ballas
employee evaluation, ballas, eeoc: Sherlaine: Your EEOC claim was filed in March, but you were not laid off until June. Others were also laid off, but they were offered other positions. Your work record is great. The question is why were you not offered another position? Were the ones...
Employment Law: Leave time for salary exempt employee, exempt employee, vacation money
exempt employee, vacation money, company vacation: Vacation and sick time are not required by law to be paid or given. If they are given they must be given according to company policy. The exempt employee must be paid for the whole day if they work part of the day. The government does not care which pot...
Employment Law: Lunch, state labor laws, lunch periods
state labor laws, lunch periods, lunch hour: The company has the right to schedule time so it knows when employees will be there and for the company to run smoothly. The thing about leaving early is that then everyone wants to do it and no one is there for the last part of the day. Salaried employees...
Employment Law: Lunch Breaks, ballas, meal breaks
ballas, meal breaks, fellow employees: Jason: Here is the law: “During the course of a workday of six or more hours, all employers shall make available at least twenty minutes for meal breaks, at times reasonably designated by the employer. This provision shall be required in all situations...
Employment Law: labor laws, unpaid meal period, meal periods
unpaid meal period, meal periods, overtime laws: Frank: Here is the law in PA. What is the Law Regarding Breaks and Meal Periods? Pennsylvania employers are required to provide break periods of at least 30 minutes for minors ages 14 through 17 who work five or more consecutive hours. Employers...
Employment Law: labor laws, ballas, labor laws
ballas, labor laws, paycheck: Shelly I do not know Canadian laws on the subject, but here in the US, I would tell you to go to your state s web site and look under employment on how to file a wage claim. Each state has it s own laws on how quick a last paycheck must be paid. ...
Employment Law: lateral transfers and pay, lateral transfers, lateral move
lateral transfers, lateral move, management issue: When you move from one department to another your title and pay may or may not stay the same. It is not mandatory that is has to stay the same. When you move to another department than you have to work the job that exists in that department and you are paid...
Employment Law: Is this legal, ballas, renter
ballas, renter, new business: Jessica: I do not think it is illegal. The shop belongs to the owner. You rent from the owner, therefore how the shop is run is not in your control. That said, the new rule certainly changes your ability to enjoy new business, so I would think your...
Employment Law: lunch time law in maryland, lunch periods, lunch period
lunch periods, lunch period, lunch breaks: Division of Labor and Industry The Maryland Guide to Wage Payment and Employment Standards - Pay for Lunch and Other Breaks There is no law requiring an employer to provide breaks, including lunch breaks, for workers 18 years old or older (See...
Employment Law: Mailing of Paychecks, mail checks, direct deposit
mail checks, direct deposit, poeple: Mailing of paychecks is not prohibited, however, you cannot pay the direct deposit poeple on one day and have the non direct deposit people paid several days later because their checks are mailed. While it is not against the law to mail checks it is a discrimination...
Employment Law: Mandatory Furlough Day But Worked Saturday, overtime provisions, nonexempt employee
overtime provisions, nonexempt employee, overtime law: Kristin: If this is just a one time thing, no problem, you can pay straight time, if they have not worked 40 hours in the week. You cannot do this to avoid overtime. From the CA web site: In California, the general overtime provisions are that a...
Employment Law: Mandatory Meetins - Not being paid, mandatory meetings, whd
mandatory meetings, whd, fair labor standards act: If the meeting is mandatory and the employee is an hourly employee they must be paid for the time spent in after hours mandatory meetings. This is in the federal laws under the FLSA (Fair Labor Standards Act). http://www.dol.gov/esa/whd/flsa/ Shirle...
Employment Law: Mandatory pot-luck meeting, pot luck, quarterly staff
pot luck, quarterly staff, lunch time: Legally no you cannot be required to attend unless you are paid for it and cannot be required to buy and bring food to it. For the security of your job this is a social event. It is part of being a good employee. We do this also. We do not expect every...
Employment Law: Moving from Salary to Wage., personal policy, salaried employees
personal policy, salaried employees, time policy: You are not required to pay comp time to salaried employees. If you wish to do so you may if you are a non profit corporation. If you do you can figure your own formula. One I have seen used a lot is earning 1/2 hour for each hour worked overtime for comp...
Employment Law: mandating, stna, dictate
stna, dictate, nurses: It does not matter what your title is. If your boss asks you to stay overtime than you need to work the overtime unless you can pursuade the boss why not. The government does not dictate whose job it is to stay overtime this is a managment issue with the...
Employment Law: mandatory lunch hour, lunch breaks, lunch break
lunch breaks, lunch break, lunch hour: Schduling of lunch breaks is left to the company and since the state of california is for employees haveing a lunch break you will not find that anyone will help you in this. Many people write me because they do not get a lunch break. There could be many...
Employment Law: massage therapist / commission and hours worked, overtime provisions, emancipated minors
overtime provisions, emancipated minors, massage therapist: Heather: The answer is yes. Here is the language of the law in Colorado from this web site: http://www.coworkforce.com/lab/AB.pdf 3. Minimum Wage and Allowable Credits: Minimum Wage: all adult employees and emancipated minors, employed in...
Employment Law: NJ Tier II and end of benefit year, social security disability, applying for social security disability
social security disability, applying for social security disability, independent physicians: Right now the president has extended benefits so you should be able to get an extention on your unemployment. You might want to consider applying for Social Security Disability, it takes about 6 months to a year to be approved if you are approved. Shirle...
Employment Law: Non payment from an employer., employer lives, small claims court
employer lives, small claims court, question thanks: Manny: You just go down and file your claim, and be ready to present your case yourself. It is very similar to what you see on TV on The People s Court , etc. You present, the other side presents, the Judge makes a ruling, usually in less than a month....
Employment Law: my new job won't pay me., local department, department of labor
local department, department of labor, new job: They can hold back two weeks and pay it when you terminate, this is fairly common , but I never heard of anyone holding back 3 weeks. I only hold back a week. I don t know which state you are in, but you can call your local department of labor and they...
Employment Law: Oppressive Work Environment and ADD, fulltime teacher, philosophy of the world
fulltime teacher, philosophy of the world, social studies teacher: It is true that ADD is a disability and would fall under the ADA (Americans with Disability Act.)If they were made aware of the condition than they should have addressed it. They will probably say they were not aware of the condition. It sounds as if...
Employment Law: Outside company training without pay, front desk clerk, ballas
front desk clerk, ballas, michigan web: Kate: From the Michigan web site, here is the question and answer. Does my employer have to pay me for training time? Agency: Energy, Labor & Economic Growth On the job training which is directly related to the employee s job should be counted...
Employment Law: Overpayiment, chicago transit authority, payroll checks
chicago transit authority, payroll checks, payroll check: Marnita: If you were injured on the job, the Company always has the right to continue to pay you instead of putting you on workmans comp. If they put you on workmans comp, and paid you by mistake, they have a case that you should pay that money back....
Employment Law: Overtime, job
job: You do not have to have warning before you are scheduled to work. If you can cancel your plans you need to go to work. If you cannot cancel them you need to see if you can work it out with the company, if you than you may either have to make a choice between...
Employment Law: overpayment of wages, overpayment of wages, interstate trucking
overpayment of wages, interstate trucking, minimum wages: I do not believe this is legal to do.The company is not allowed to bring your pay under minimum wages. I would contact the Oregon Department of labor. You need to contact the state in which you work. http://www.boli.state.or.us/BOLI/WHD/W_Whhowinf.shtml...
Employment Law: overtime, salaried employee, exempt employees
salaried employee, exempt employees, straight time: First you need to find out if you were reclassified in 2007 as exempt salaried employee instead of hourly non exempt. Exempt employees are not eligible for overtime. If this is not the case than you can put in a claim with the Department of Labor. They...
Employment Law: Pay Periods, payroll period, california website
payroll period, california website, advance notice: Prior notice generally means that the employee must be notified of the change before any work is completed under the new rules. Also some states have a required payment time for wages. In california it says hourly must be paid at least twice a month. So...
Employment Law: Paycheck a month late.., lni wa, kirkland wa
lni wa, kirkland wa, pizza place: contact the Washington Department of Labor. Their laws say that the employee must be paid at least once a month on a regularly scheduled payday. http://www.lni.wa.gov/Main/ContactInfo/WorkplaceRights/default.asp?RefererID=31410000e Employment Standards...
Employment Law: Over-Payment, letter of resignation, local department
letter of resignation, local department, july 31st: The first thing I would do is contact them and find out why they not only said that a check was due but actually paid one to you, than said it was not due. I would also look at my contract and see in the contract how many months you were to be paid for...
Employment Law: Payroll in Arrears, payroll system, pa department of labor and industry
payroll system, pa department of labor and industry, paydays: I checked all your rules listed at your Department of Labor website. I did not see any laws that said whether this can be done or whether it can not be done. It says that you must be given regular paydays and paid on the regular paydays. It also said they...
Employment Law: Pregnancy, daughter jessica, fmla
daughter jessica, fmla, ballas: Jessica: Yes, what you describe could qualify for FMLA, provided your daughter s Doctor fills out the appropriate forms your employer should provide for you. You may also get them off the Internet. Provided your company is covered by FMLA, and you qualify,...
Employment Law: PTO for salaried employees, exempt employee, salaried employee
exempt employee, salaried employee, fringe benefit: PTO is not required to be given to the employees. It is considered a fringe benefit. Because it is given willingly by the employer the employer can say when it may be used. Whatever the policy of the company is that should be followed. It is not against...
Employment Law: Punching in Early, proper lunch, delivery receipt
proper lunch, delivery receipt, lunch time: If the person is punching in early than they are not paid for the time until they start working, the problem is that you are not allowed to change the timesheet without their authorization and they will not initial it. Also the DOL if they get a claim they...
Employment Law: Not being paid proper overtime..., payroll system, shift team
payroll system, shift team, shift changes: It is legal for the company to round time to the nearest 15 minutes. It is not legal for them to not pay you for all the time you work. They can only round by 15 minutes and it needs to round up and down in morning and evening. If the timeclock is set differently...
Employment Law: paid travel time via an airline, workday, travel time
workday, travel time, air travel: What ever hours cut across your regularly scheduled workday. If you work from 8 to 5 and travel from 8-5 you are paid 8 hours. If you work from 8 to 5 and travel from 6 to 1 then you are paid from 8 to 1 which is 5 hours. If you work from 8 to 5...
Employment Law: partial pay day for salary employee, salaried employee, salaried employees
salaried employee, salaried employees, retail company: Salaried employees have to be paid all of a day if they work part of a day except for the last day worked. They only need to be paid for 1/2 of the day if they do not work the full day. If they have you scheduled for 6 days in a week they can divide the...
Employment Law: past due money, due money, hr group
due money, hr group, formal contract: Patricia: I do not know what the designations are for sure, but it sounds like a government position. Absent a formal contract that spells out exactly what you will be paid, I do not think getting a lawyer will do any good. Perhaps you can write the...
Employment Law: pay reduction, department of employment, breaking the law
department of employment, breaking the law, bookkeeper: It sounds like they are manipulating your hours and time to their advantage. I think that the Department of Labor in your state should hear about what is going on at this company, I do not think it is legal for them to manipulate your time and wage in such...
Employment Law: paycheck stubs/fining commissioned employees, florida state laws, paycheck stubs
florida state laws, paycheck stubs, federal labor laws: Mayilin: My guess is he is a contractor. They should still give him enough information for him to see how his commission is calculated. I do not see a law to that effect, but if they did not do that for me, I would request they explain it to me and provide...
Employment Law: payroll deduction, summary plan description, payroll deduction
summary plan description, payroll deduction, health care plan: Bradley: The answer is dependent on the health care plan, and if it covered under ERISA, a government regulation that governs such plans. If your co-pay was deducted but insurance not supplied then you have a wage claim against the company for withholding...
Employment Law: payroll question, kelly temporary services, unpaid wages
kelly temporary services, unpaid wages, flsa: You must be paid for all the time you worked according to the FLSA whether or not you have all the paperwork filled out. If you send them a completed I-9 form and request your check for the day you worked keep a copy of the I-9 form and the letter. If...
Employment Law: payroll questions, payroll questions, payroll policies
payroll questions, payroll policies, local department: Vacation is at the option of the company and is not required by law to be given. I do not believe it is legal to hold your check for 2 weeks, they should at least pay the employees a standard scheduled pay and if they hold the overtime until they get it...
Employment Law: people trying to black ball you from your work environment, legal recourse, ballas
legal recourse, ballas, work performance: Alex: If it is the Supervisor giving you a performance appraisal, and that is part of his duties, there is not much you can do about it if he gives you a negative appraisal. If it is another employee who is saying negative things about you, but that...
Employment Law: privacy after leaving a company, hr dept, ballas
hr dept, ballas, coworkers: EK: He should not be doing this. That said, there is no federal law on the subject. I would contact the HR Dept Head and inform them what he is doing, and ask them to intervene. Usually companies do not like such behavior, and I believe they will speak...
Employment Law: Re: Administrative leave, hr policies, regional director
hr policies, regional director, medical problem: Jacqua: On admin leave, paid, then on FMLA, requiring you to use your PTO. If seems logical that you return to admin leave with pay, but they have said you will not do so. I would not wait too long before asking for a meeting with HR to determine my future...
Employment Law: Re: Lay off, discrimination case, religious preference
discrimination case, religious preference, part time job: Rosa: I doubt if you do. Discrimination occurs if adverse employment action is taken against you on the basis of age, gender, race, religious preference, ethnic background or disability. Since you do not mention this, I do not think your termination...
Employment Law: Recoverable Draw Overpayment, independent contractor status, irs questions
independent contractor status, irs questions, rep agencies: There is always a question when and employee is changed to independent contractor status. If the employee/independent contractor receives both a W-2 and a 1099 for the same year than it throws up a huge red flag to the government and could possibly trigger...
Employment Law: Reduction in leave accrual, vacation accrual, fringe benefit
vacation accrual, fringe benefit, federal government: The federal government does not regulate PTO time. Some state regulate it to a certain degree and some do not. Most of the states only regulate time that is already accrued. In all states PTO is not required to be given. It is a fringe benefit given...
Employment Law: Reporting False Information, ballas, false information
ballas, false information, osha: Michael: It depends on where the employer reports the false information. If they internally report it to the home office, as example, that is not illegal. If they report false information to OSHA, then it certainly is illegal. The employer may pay...
Employment Law: Restaurant business payroll, business payroll, meal period
business payroll, meal period, o clock: Section 162 of the New York State Labor Law provides as follows: Time allowed for meals Every person employed in or in connection with a factory shall be allowed at least sixty minutes for the noonday meal. Every person employed in or in connection...
Employment Law: Riffed, job filled immediately, discrimination, exact job, layoff notice
exact job, layoff notice, toxic work: Anne: I presume all these positions were Staff, monthly rated positions, not subject to any sort of seniority union seniority. In other words, it sounds as though the Company did not have to recognize hire dates as a criteria for the RIF. In such cases,...
Employment Law: Right to Work, right to work state, age disability
right to work state, age disability, eeoc: In a right to work state you do not have to give a reason for termination. It cannot be a discriminatory reason such as firing for race, age, disability, gender or nationality. If you feel you are fired for a discriminatory reason than you have the right to...
Employment Law: resignation, patient abandonment, ballas
patient abandonment, ballas, immediate care: Greg: If you are satisfied the OPMS will support your position on this, I believe you can leave as planned. The fact they do not want to talk about the contract tells me they know it is no longer binding. Certainly is would be better if it had an end...
Employment Law: resignment laws, relocation costs, educational loans
relocation costs, educational loans, contract states: what does it say they will do if you do not give 6 months notice? Yes it is a legal contract if you signed it, but it would depend on what the penalties would be . Will you lose vacation or PTO time if you do not give the notice? Are there loans, relocation...
Employment Law: restaurant question..., prevailing wage rates, john fitch plaza
prevailing wage rates, john fitch plaza, workforce development division: No. Nothing can be deducted from an employee s wages other than those items required and/or specifically permitted by federal law and/or state law. This is not legal...if your money is not given back call the New Jersey department of labor and talk to them...
Employment Law: return to work, Jason Barnette, Barnette Law Offices
Jason Barnette, Barnette Law Offices, Tennessee Employment Lawyer: David: You essentially have two options: 1) return to work; or, 2) do not return and see how it plays out. If they terminate you, you would seem to have a viable civil action for wrongful termination amongst other causes of action. Jason Barnette Barnette...
Employment Law: Salaried Employee - Max hours allowed to work?, salaried exempt employees, cambridge massachusetts
salaried exempt employees, cambridge massachusetts, max hours: Salaried exempt employees are exempt from the Fair Labor Standards act and may be asked to work as many hours as the employer wishes to ask them to work. She might check with the Department of Labor and make sure her job is exempt. If it is not an exempt...
Employment Law: Salary emolyee vs hourly employee, salaried employee, salaried employees
salaried employee, salaried employees, time clock: Many salaried employees are required to punch timeclocks. This does not count as being treated as an hourly employee. What would count as being treated as an hourly employee would be docking the salaried employee for partial days off. Salaried employees...
Employment Law: Salary employee's, fed law, hr group
fed law, hr group, death of a parent: Robert: Even if you are on salary, the company does not have to pay you if you do not work. Most companies do pay the exempt employees if they miss a day, providing they have sick leave or vacation. That said, federal laws do not mandate sick leave...
Employment Law: Salary employees, salary employees, fringe benefit
salary employees, fringe benefit, sick time: You should get the same amount of pay unless you are out for one whole day or more for personal reasons. If you work part of a day than you must be paid for the whole day. If you have sick time or vacation time it may be used if you are out sick. Since...
Employment Law: Salary overpayment & Crossing Year Tax, w2 form, futa
w2 form, futa, gross amount: The company can do two ways: #1. They can revise all their annual reports W-2, 941, SIT, FIT, WC, SUTA, and FUTA reports and give you the corrected W-2 for 2008 and you can file revised taxes for 2008 and get a refund of your taxes that way. You wo8ld also...
Employment Law: salary employees, sick family member, salary employees
sick family member, salary employees, fed law: If a salaried employee is off a whole week than the company does not have to pay the salary. FMLA leave is unpaid leave you make take to be with a sick family member, but it is not paid leave. It holds your job for 12 weeks if you need time off. If...
Employment Law: salary minimum in texas and time period to recieve final paycheck, salary change, customary practice
salary change, customary practice, source note: They should pay the two days at the old rate and the other two days can be at the new rate. You should be paid your final wages by the next regular payday. See rules below: (a) For purposes of §61.013 of the Act, the Commission interprets another regular...
Employment Law: salary position, overtime laws, ballas
overtime laws, ballas, extra money: Noah: Sounds to me as though the position is subject to overtime laws, and you should be paid for hours worked over 40. I would ask the Supervisor why I do not get OT. If he say you are not due OT because you are management, I would go the document...
Employment Law: sick leave pay for employee while on probation for job in Florida, sick pay, sick leave
sick pay, sick leave, probation: Being on probation is not being sick. I would not pay sick pay to someone on probation. This is time without pay. It is ultimately up to your company as there is no law that says they must pay sick pay, but if they have a policy they must follow their...
Employment Law: switching my pay from hourly to salary, illinois department of labor, c store
illinois department of labor, c store, department of labor: THis is not legal for them to do. What they are doing is cheating you out of overtime. They have to either pay you salaried or hourly (exempt or non exempt). They are not allowed to keep changing you back and forth. Either your job is classified as exempt...
Employment Law: Teacher - Let go unjustly, salary increase, verbal agreement
salary increase, verbal agreement, advanced education: Contracts with schools are year to year and they have the option to renew or not to renew. With budgets being cut and the recession the way it is schools just do not have money for increases. I don t find anything that you could use for legal action, however,...
Employment Law: Terminated for timesheet error that was approved, discipline system, progressive discipline
discipline system, progressive discipline, hr group: Roni: Absent an employment agreement or union contract that protects you from outright dismissal, I do not believe there is any protection for you concerning this matter. No laws require a warning or progressive discipline system, as that is left to company...
Employment Law: My Termination..., profane comments, progressive discipline
profane comments, progressive discipline, alledgedly: Carlo: Sounds as though you were treated differently than the others regarding the return from lunch. It is not discrimination unless they treat you differently on the basis of your age, gender, race, ethnic background or religion. Bad management is...
Employment Law: Termination in Tennessee, illegal termination, bad feelings
illegal termination, bad feelings, discriminatory act: In an at will state you may be terminated for no reason at all. The only illegal termination is if you are discriminated against because of your color, nationality, gender, age or disability. This does not sound like it is a discriminatory act. It is not...
Employment Law: Texas Law on Breaks and Lunches, class action suit against walmart, class action suit
class action suit against walmart, class action suit, overtime hours: The Texas Payday Law does not address the issue of rest breaks or meal breaks. There is no current legislation in the state of Texas requiring an employer to provide breaks - they are optional. Work schedules, including breaks, regular hours and overtime hours,...
Employment Law: TIME CLOCK CHANGING, whd, time clock
whd, time clock, insubordination: The FLSA (Fair Labor Standards Act) says you must be paid for all the time you work. It is allowed to round time to the nearest 15 minutes but it is not allowed to change time to prevent paying overtime. This is the Federal FLSA ruling. If you are told...
Employment Law: Time Clocks...., Jason Barnette, Barnette Law Offices
Jason Barnette, Barnette Law Offices, Tennessee Employment Lawyer: David: I doubt this is a violation of state or federal law if there is no issue with employment payment. If there is a problem with payment and the employer has been given a reasonable chance to correct the error but, has not, then the injured party...
Employment Law: Time clocks and paychecks, time clocks, time clock
time clocks, time clock, morning and evening: They can round to the nearest 15 minutes. at 7 minutes it probably does go back to the earlier time and at 8 minutes it would be 15 minutes later. As long as it is done consistently morning and evening every day it is okay to do the rounding of 7 minutes....
Employment Law: Time Sheets, jasper county indiana, indiana dept
jasper county indiana, indiana dept, time sheet: The law says that no one can do your time sheet without your approval. If you are standing there and making sure that the time sheet is correct than you are giving your approval. What you can do is use your co worker s computer and do your timesheet, sign...
Employment Law: Timesheets-Signing and retention of signed copies, biweekly payroll, activity logs
biweekly payroll, activity logs, timecards: It is a good idea to have them signed off, that would be the immediate supervisor s job. They are the records that are retained for timesheets for four years. You also have to retain your pay ledger records. If you have a computer system that allows the employee...
Employment Law: Training, tuition programs, hr director
tuition programs, hr director, job offer: You should have been told about the stipulations at the time you were offered the job. It is not fair to put them in later. They should have been in your job offer. The company does not have to pay for your college. Some companies have tuition programs,...
Employment Law: Travel Reimbrusement, federal government office, video conferencing equipment
federal government office, video conferencing equipment, working at home: If you are driving there and back it would be the same as driving to work and home. No reimbursement is necessary. Instead of working from home that day you are working from a worksite. Travel to and from a worksite is not reimburseable travel. Shirle...
Employment Law: tardiness, Jason Barnette, Barnette Law Offices
Jason Barnette, Barnette Law Offices, Nashville Employment Lawyer: Tina: No, your employer should not do this. Insofar as you are a female, you are a member of a protected class. If you feel this practice is discriminatory you should consult with an employment attorney. Jason Barnette, Esq. Barnette Law Offices,...
Employment Law: I was terminated & have not received my check, telemarketing job, human growth hormone
telemarketing job, human growth hormone, independent agent: When you are fired or laid off, wages and compensation earned and unpaid when discharged become due and payable immediately. The employer has three days to get your final payment to you if you have been terminated. If you quit, wages and compensation must...
Employment Law: time card and pay check, time cards, ballas
time cards, ballas, time card: Genny: I would hold him responsible for failing to turn in his time, as instructed. He he continues to do this, discipline, up to and including dismissal, is appropriate. While you retrain him, I would cut his check as soon as possible, in order to...
Employment Law: time tracking, latter time, ballas
latter time, ballas, time sheet: Joe: I presume the boss can access the scan in the building record, but do not know that he can. That said, getting in the building does not mean you have started work. The company, in your case the federal government has an obligation to pay you for...
Employment Law: Unemployment Benefit Qualification, unemployment benefit, temp agency
unemployment benefit, temp agency, staffs: You are not required to take a job with lower pay. The reason the pay is less is because the temp agency has to be paid. The company does not want to hire the staff back permanently until there is enough work to keep them so they do not have to lay off again....
Employment Law: Unemployment Benefits, unemployment insurance program, new mexico department of labor
unemployment insurance program, new mexico department of labor, state of new mexico: Each state has it s own method of figuring the unemployment insurance. There are a lot of factors involved and I said I could not answer the question because I am not familiar with the laws pertaining to unemployment in the state of New Mexico. I would...
Employment Law: Unemployment Insur After Layoff followed by Contract Work, calendar quarters, connecticut guide
calendar quarters, connecticut guide, first nine months: If you are engaged in self-employment on a part-time basis (while maintaining your availability and work search as defined by law), you may be eligible for partial benefits. Two-thirds of the amount of any remuneration received for self-employment is also...
Employment Law: Unfair Favortism Resulting in Fringe Benefits, americans with disabilities act, religious preference
americans with disabilities act, religious preference, work productivity: April: Such treatment for favored employees is called bad management. That said, there is nothing illegal about it. Discrimination is adverse treatment on the basis of race, gender, age, religious preference, ethnic background and or disability. ...
Employment Law: unfair demotion, manager position, thin ice
manager position, thin ice, medical reasons: Amber: Unfortunately, the answer is yes. Unless you have a written, binding contract, you are an at will employee. At will means you work there because you want to and because the Company wants you to. Either party may end the relationship at any time....
Employment Law: unpaid salaries, unpaid salaries, broken promises
unpaid salaries, broken promises, ballas: LadyJedi: Go to this link. It has several phone numbers you can call to get help from the State of Florida. http://myflorida.custhelp.com/cgi-bin/myflorida.cfg/php/enduser/popup_adp.php?p_faqid=1200&p_created=1049998305&p_sid=RtozB6Fj&p_lva=&p_li=&p_redirect=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX3Jvd19jbnQ9OSw5JnBfcHJvZHM9MCZwX2NhdHM9MCZwX3B2PSZwX2N2PSZwX3BhZ2U9MSZwX3NlYXJjaF90ZXh0PXVucGFpZCB3YWdlcw**...
Employment Law: unused vacation time and unemployement, fringe benefit, unused vacation
fringe benefit, unused vacation, vacation days: THe state of Michigan says this is a fringe benefit and it is paid out according to company policy and employment contract. If you do not have a policy regarding the payment of vacation time than you need to write on stating the terms of vacation use and...
Employment Law: Vacation day/ that day, vacation day, verbal warning
vacation day, verbal warning, vacation days: Connor, Whether a vacation day must be planned for ahead of time is up to company policy. The company should have a written policy that states the terms of vacation pay. Since we cannot actually know what is going on in someone s life we have to rely on...
Employment Law: Vacation during Busy Season, Jason Barnette, Barnette Law Offices
Jason Barnette, Barnette Law Offices, Tennessee Employment Lawyer: Christine: My inclination is yes, it would be permissible so long as it does not violate any collective bargaining agreement or Michigan code. I would advise you to check the Michigan code just to be sure but, in most jurisdictions such restrictions are...
Employment Law: Vacation & personal time, maryland state law, maryland guide
maryland state law, maryland guide, earned vacation: The Maryland Guide to Wage Payment and Employment Standards - Wages and Compensation - Unused Vacation at Termination -- Is It Payable? The answer to this question depends on the employer s written policy, and whether this policy was communicated to...
Employment Law: Vacation, sick and personal time accrued, private sector employment, fringe benefit
private sector employment, fringe benefit, sick hours: Missouri has no law requiring paid vacations for private sector employment. This is an issue that must be addressed by the employee with his or her employer. The state of Missouri does not have a law that requires employers to offer any type of fringe benefit,...
Employment Law: Vacation time pproved, age discrimination in employment act, age discrimination in employment
age discrimination in employment act, age discrimination in employment, age discrimination in employment act of 1967: If you feel you were discriminated against because of your age than you have the right to file a complaint with the Department of Labor OOEC department for age discrimination. It is illegal to discriminate because of age. the Age Discrimination in Employment...
Employment Law: vacation pay, michigan department of labor, vacation pay
michigan department of labor, vacation pay, dleg: The state of Michigan says the company must pay terminated employees for Fringe Benefits (this would include vacation pay) according to their policy. If their policy says they do not pay it they do not have to pay it. Here is what it says on the Michigan...
Employment Law: Wages, Deductions, and Time cards, broken toys, daycare
broken toys, daycare, time cards: You should be paid for all the time you work unless you are under contract for a specific annual wage with a school district. If you work until 3:30 you must be paid until 3:30. If that puts your weekly total over 40 hours than you should be paid overtime...
Employment Law: Waiting to clock in and a few other questions., work clothes, texas payday law
work clothes, texas payday law, rest breaks: Time changing into and out of uniforms is work time. Walmart is in a lawsuit about this as well as some other big name establishments. There is no requirement on how long breaks are . The Texas Payday Law does not address the issue of rest breaks or meal...
Employment Law: Weeks pay withheld, nc gov, wage and hour
nc gov, wage and hour, youth employment: Holding back one week on starting is common, we do it here. Holding back another week does not make any sense. Was there a reason why it was being withheld? Are they switching pay periods to biweekly or monthly? I would find out the reason and if you...
Employment Law: Whistleblower, whistle blower act, unemployment benefits
whistle blower act, unemployment benefits, act contact: You do not receive compensation for reporting your employer. If you are fired for doing so you will be allowed to draw unemployment benefits or you will have your job reinstated under the Whistle Blower act. Contact your local Department of Labor. Shirle...
Employment Law: witholding your paycheck, unpaid wages, paycheck
unpaid wages, paycheck, red tape: Your paycheck cannot be held because you do not turn in your badge. If you still have the badge it would save a lot of time if you just mailed it back to them. If they do not pay you than you will need to file a claim for unpaid wages with the Department...
Employment Law: let go, Jason Wade Barnette, Jason Barnette
Jason Wade Barnette, Jason Barnette, Barnette Law Offices LLC: Matt: Unless you were terminated for a discriminatory reason, there is very little that can be done. Are you a member of a protected class; i.e., over 40, a minority, or someone with a disability. Answering these questions would help me give you a better...
Employment Law: 401K, proper paperwork, plan administrator
proper paperwork, plan administrator, ira: you are not automatically sent 401K paperwork. You have to call and ask for paperwork to be sent. In most plans you are allowed to stay in until you decide to draw the money out. I have former employees in the plan from years ago. Call either your former...
Employment Law: 95-25.7 Payment to Separated Employee, employee wages, unpaid wages
employee wages, unpaid wages, forfeiture: The law says they cannot deduct the overpayment from your final wages. You must be paid all wages due and payable. Now the company does have the right to take the former employee to court and sue for the overpayment and it would be up to the courts to decide...
Employment Law: Above the law, egg timer, shoplifter
egg timer, shoplifter, security investigation: I would file a complaint with the EEOC division of the Department of Labor for both age and gender discrimination. Age and gender discrimination is illegal and you can sue the company for this as those ladies can also sue for sexual harrassment. You...
Employment Law: Affiliate company and changing payroll and pay days, lieu of notice, affiliate company
lieu of notice, affiliate company, affiliate companies: I am not that awesome, I cannot find help for you. There are no laws saying that notice must be given for a job change, a pay change or a schedule change in Nevada. This is certainly not good business practice, but it also does not appear to be illegal....
Employment Law: access to time sheets, swipe card readers, budget area
swipe card readers, budget area, time stamps: The law simply states that the employee must be paid for all the time they work. It is the companies job to know when the employees are working and they must be paid whether or not a timesheet is turned in. It sounds like you were paid even though there was...
Employment Law: accured vaction time, human resource manager, vacation benefits
human resource manager, vacation benefits, benefit package: PTO is at the policy of the company as it is not required by law. Most companies have one policy for full time and one for part time. At our company full time is 100% PTO and part time is at 50% of full time PTO. It goes on a sliding scale with years worked...
Employment Law: BEREAVEMENT PAY, bereavement, immediate family
bereavement, immediate family, department of labor: If you are given a manual and you are not given a revision to the manual than it is reasonable to expect to be paid what the manual says you will be paid. Contact your Department of Labor and file a claim for the unpaid bereavement pay the manual promised...
Employment Law: Business Loss, gross negligence, tax accountant
gross negligence, tax accountant, commission checks: Lynn: If your husband does not agree to have the dealer withhold the money from his check, then the dealer cannot do so. Typically, employers cannot make deductions from checks without the express permission of the employee. If he refuses to give permission,...
Employment Law: my boss, ballas, union contract
ballas, union contract, ethnic background: Lexi: Absent an employment contract or a union contract, most employment is considered at will , meaning you work there because you wish to and because the Company wishes you to. Either party may end the relationship at any time. So, the answer is...
Employment Law: broken equipment, chicago city colleges, health insurance premiums
chicago city colleges, health insurance premiums, chicago park district: This is not an allowed deduction under Illinois Law. http://www.state.il.us/agency/idol/faq/qawage.htm Only certain deductions are allowed under Illinois law. Deductions may be made when: (1) required by law (such as taxes); (2) to the benefit of the...
Employment Law: Calif. labor Law on employees disclosing health condition, ballas, california one
ballas, california one, excessive heat: Giuliana: It depends on the position the employee holds or may be required to work. Obviously, operating equipment, driving, working in excessive heat,etc could endanger the employee if one suffers a seizure. On the other hand, a file clerk working in...
Employment Law: Change of Schedule after being Posted, ballas, radioshack
ballas, radioshack, discipline: Robert: There is no law that addresses employers schedule and or how often they change them. Certainly they should have notified you if it affected your work week. I would write HR and ask them to review the discipline write up, given the circumstances....
Employment Law: Check witholding/work fines, minimum wage law, police the police
minimum wage law, police the police, college job: Jenny: If they are withholding her pay beyond the normal payday account the drive off, then no, this is not legal. They cannot violate minimum wage law, and that is what they are doing if they do not pay at least minimum wage. Additionally, they cannot...
Employment Law: COBRA notice and etc., kathleen noel, health insurance coverage
kathleen noel, health insurance coverage, charles e bennett: Yes, contact the carrier and ask for a Cobra notice, let them know that you do wish Cobra and a notice was not received. If they give you a problem than call The U.S. Department of Labor in one of the Florida offices and let them know that there has been...
Employment Law: Cobra, cobra continuation coverage, cobra notices
cobra continuation coverage, cobra notices, cobra election: Who is eligible for a new, second election opportunity for COBRA coverage? Qualified beneficiaries whose qualifying event was an involuntary termination of employment during the period from September 1, 2008 through February 16, 2009 who did not elect COBRA...
Employment Law: Commissions after termination, unfinished job, base salary
unfinished job, base salary, vendor account: She should be paid for the work which she has completed and the commissions on her completed work, but if someone else has to finish than the person finishing the unfinished job would then be awarded the commissions. This is how it should be, I do not have...
Employment Law: Company Pension-Disability / Termination, company pension plan, short term disability
company pension plan, short term disability, long term disability: You are allowed 12 weeks of FMLA leave whether or not you are on long or short term disability this does not matter. FMLA says you are allowed 12 weeks. If you cannot return after the 12 weeks than the company can terminate your employment according to FMLA...
Employment Law: Company was sold, severence package, severance package
severence package, severance package, unemployment benefits: For unemployment purposes you can decline an offer that is lower than your present employment. For the severence purposes this is up to the company to decide. They are not required by law to give a severence package. If they do so than it is at their option....
Employment Law: Compensation, compensation question, coworkers
compensation question, coworkers: Although some states require what is known as show-up pay (a minimum amount that is paid to employees who show up for work, only to be sent home early or with no work at all), no Texas or federal law requires such a payment. Texas does not have this law....
Employment Law: Consecutive hours worked, indiana company, consecutive hours
indiana company, consecutive hours, employer verification: Alan: From the state of Indiana web site: The State of Indiana has no breaks or lunch laws currently. It is considered a privilege given by the employer. Verification of this information can be obtained by contacting the Indiana Legislative Services...
Employment Law: Cut in pay with no notice, ballas, arrears
ballas, arrears, paycheck: Tiedra: Your employer must notice you if they lower your pay, then from that point on they can pay you the lessor amount. They cannot do so in arrears. Here is for filing a wage claim. http://www.ica.state.az.us/forms/complaint/wageClaim.pdf Tom...
Employment Law: compulsory charitable giving, zero contribution, payroll deduction
zero contribution, payroll deduction, performance ratings: It is not legal for the company to mandate that you contribute to the cause. you would have to file a formal complaint with the Department of Labor if you felt strongly about it or if you refuse to donate and there were retaliations against you for not...
Employment Law: contract says annually but boss says otherwise, salary rate, annual salary
salary rate, annual salary, contract states: Valerie: If you have a contract that says you will be paid xxx, and you do not receive that amount, then the employer has violated the terms of the contract. Presuming the contract is legal and binding on both parties, the company cannot change it,...
Employment Law: Days off, complete college, going to college
complete college, going to college, part time: He needs to talk to his dad and make him understand in a nice way, not a mad way, that he cannot complete college if he is working all these hours a week because he has no time for homework. If this does not work, he needs to find another job that will...
Employment Law: Direct Deposit Mistake, legal responsibility, direct deposit
legal responsibility, direct deposit, overdraft: Mistakes happen. Most companies will cover these charges, but all that is required is that you are paid when you should be paid it can be in the form of a check or direct deposit. If your direct deposit is turned off than you will get a check and you need...
Employment Law: Direct Deposit of Paycheck, minimum wage law, paper checks
minimum wage law, paper checks, ballas: Sarah: Some states allow mandatory direct deposit, if the employer wishes. Most states require the employee to agree to it. Without knowing where you are I cannot say. You can go to your states web site and check, or let me know where you are. ...
Employment Law: Discrimination, rite aid drug store, application steps
rite aid drug store, application steps, ballas: Mr. Davis: Yes, this is allowed and is not illegal. Many companies do this, for a variety of reasons. Discrimination on the basis of age, gender, race, ethnic background, religion and disability is illegal, but since they are filtering account relatives,...
Employment Law: EEO Complaints, Jason Wade Barnette, Jason Barnette
Jason Wade Barnette, Jason Barnette, Barnette Law Offices LLC: Richard: Your in house counsel is correct. Essentially, all you could do is file a civil action against siad employee if they are defaming you via the complaints. However, unless you have some damage the case would be summarily dismissed. Jason Barnette...
Employment Law: Emotional Distress, illegal harassment, ballas
illegal harassment, ballas, emotional distress: Jessica: It depends on why you suffer from the emotional distress. If because of illegal harassment, then yes. If because you do not like how one manages, the answer is no. Distress brought on by adverse treatment account age, gender, race, religion,...
Employment Law: Employee termination in Tx, race discrimination, employee termination
race discrimination, employee termination, ballas: Cathy: Here is the language of the law: Sec. 61.014. PAYMENT AFTER TERMINATION OF EMPLOYMENT. (a) An employer shall pay in full an employee who is discharged from employment not later than the sixth day after the date the employee is discharged. ...
Employment Law: Employment Law - hair salon commission vs.hourly wage, minimum wage law, sales goal
minimum wage law, sales goal, ballas: Miranda: The law says you must be paid minimum wage if your commission does not equal at least that amount. If your employer is encouraging you not to clock in, but to work off the clock, that is breaking minimum wage law. The employer is obligated to...
Employment Law: Exempt Employee Holiday Pay Cut, exempt employee, labor day
exempt employee, labor day, salary: No he cannot cut your salary for that week. He has to pay your salary for the whole week . He can make you work on the holiday, he does not have to give it off, but he does have to pay your full salary. He does not have to pay hourly people for the holiday....
Employment Law: Exempt time keeping., salaried exempt employees, fair labor standard act
salaried exempt employees, fair labor standard act, overtime hours: Exempt employees do not get paid by the hour. They can be required to check in and out, but they get a straight salary for the job they do and are not eligible for overtime. Salaried exempt employees are exempt from the Fair Labor Standard Act. That is what...
Employment Law: Expense Check, payroll department, reimbursement check
payroll department, reimbursement check, expense check: You can call the company and find out when you can expect to receive your final reimbursement check. The reimbursement check goes through Accounts Payable and the payroll would have gone through the payroll department. Sometimes Accounts Payable only pays...
Employment Law: editing payroll, federal fair labor standards act, illinois law
federal fair labor standards act, illinois law, timecard: The federal Fair Labor Standards Act and the Department of Labor says that the employee must be paid for all the time he works and overtime for all hours over 40. The DOL allows time to be rounded to the nearest 15 minutes. The means that 3:20 should be...
Employment Law: employee rights, part timers, sick pay
part timers, sick pay, employee rights: Vacation and Sick pay are not mandated by the government. That means the company does not have to give them to you. If they do they are considered Fringe Benefits and the company may say when they may be used and when they may not be used. Shirle...
Employment Law: employee rights concerning vacation/holiday pay, st petersburg florida, vacation pay
st petersburg florida, vacation pay, employee rights: Florida has no laws whatsoever about vacation time or vacation pay; in fact, Florida has very weak labor laws overall. It is entirely up to the employer whether to offer vacation; if so, how much; when it can be taken; whether it can be carried over; and whether...
Employment Law: employee timesheets, employee timesheets, timesheet
employee timesheets, timesheet, department of labor: Timesheets should not be changed without the employee s approval. This should not be done. If there are questions on the hours worked the time cannot be changed. The supervisor can disclipline the employee if he/she is working over and they are told not...
Employment Law: employees and cash shortage, poor math skills, cash shortages
poor math skills, cash shortages, honest mistakes: In most states this is illegal. The company has to consider this a business loss and take it as a loss on thier income taxes. They are not allowed to take it from the paycheck of the employees and especially if more than one employee has access to the funds....
Employment Law: employer holding check, e mail address, maryland department of labor
e mail address, maryland department of labor, unpaid wages: Since the work is performed in Maryland than the work would be under Maryland labor laws. You need to contact your Maryland Department of labor and file a claim for unpaid wages. http://www.dllr.state.md.us/labor/wagepay/wpremedies.htm Employment Standards...
Employment Law: employer wont pay, small claims court, unpaid wages
small claims court, unpaid wages, local department: You have a couple of options. You can file a claim for unpaid wages with your local Department of Labor Or you can take the company to small claims court and sue him for unpaid wages. If several employees go to the Department of Labor as a class...
Employment Law: exempt status in CA re: time cards, government recordkeeping, recordkeeping requirements
government recordkeeping, recordkeeping requirements, exempt employee: It is legal to ask anyone to punch a time card exempt or non exempt. Lots of companies are starting this to comply with government recordkeeping requirements. As long as you are not docked for partial days and your wages are still paid the same and as salaried...
Employment Law: Floating Holidays, california employees, vacation california
california employees, vacation california, holidays: I would not think that a holiday would be considered vacation. I know that PTO is considered the same as vacation. California has some different opinions about what they consider entitlements once time is given to an employee. Until something is said...
Employment Law: Flu Shots Provided for some employees, not others, free flu shots, legal standpoint
free flu shots, legal standpoint, swine flu: Bob: The logic does not sound fair or well thought out to me, but there is no law that says they must pay for the shots. Legally, since they did not make the decision on the basis of age, gender, race, ethnic background or religion, there is no law broken....
Employment Law: FMLA - Eligibility, federal government service, months service
federal government service, months service, ballas: Erika: Sorry, I do not think you are eligible. Here is the language of the criteria. Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where...
Employment Law: FMLA and Leave for Birth of a Child, human resources department, monetary constraints
human resources department, monetary constraints, hr group: Amanda: Intermittant FMLA for the birth of a child may be granted, but is subject to the employer s approval. Since the employer has refused to agree to the reduced schedule under the intermittant portion of the law, I do not think they will agree for...
Employment Law: Forced FMLA, federal benefit, health care benefits
federal benefit, health care benefits, state of montana: Frank: The employer does not need your permission to put you on FMLA. You should fill out the documentation, in my opinion. FMLA is a federal benefit, requiring your employer to protect your position and health care benefits if you qualify under the...
Employment Law: Forgotten Timesheet, supervisor work, timecards
supervisor work, timecards, ceridian: It is difficult to get mistakes corrected once they are made. They really should be corrected by the next pay date. What happens is #1 the payroll person went on leave so someone that unfamiliar with the case took over and #2. payroll is probably processed...
Employment Law: Labor law concerns, faq section, u s department
Employment Law: Labor law concerns, faq section, u s department, department of labor
Employment Law: salary vs hourly, salary
Employment Law: salary vs hourly, salary
Employment Law: fired for something off work, bearer of bad news, bad judgment
bearer of bad news, bad judgment, work question: I do not wish to be the bearer of bad news, but whether you drive off or on the site, the insurance is still needing to be there and to cover you. The Workman s Comp and the liability insurance would be more than the employer would wish to pay. Also they would...
Employment Law: forced to volunteer, on day off, and without pay., gmat test, local department
gmat test, local department, volunteer hours: This is not legal. You cannot be mandated to work on your time off. If it is mandatory than you must be paid for it. Let them know that you will not be participating due to the fact you do not have the time to do this. If they fire you or retaliate against...
Employment Law: Held Pay, unpaid wages, jewelry store
unpaid wages, jewelry store, local family: This is illegal and he cannot do it. He cannot charge you for something that was done while you were on vacation, if in fact it actually happened. File a claim for unpaid wages with the Department of labor for the full amount you should have been paid....
Employment Law: Follow-up Question, hostile work environment, harassment suit
hostile work environment, harassment suit, work related stress: Termination for excessive absenteism will keep you from drawing unemployment. Initially you may be denyed, however, I think you would win on appeal at the appeal hearing. Get a written request to your supervisor for intermittent FMLA for your Diabetes...
Employment Law: Hourly pay for working after hours, salaried employee, ballas
salaried employee, ballas, touchy subject: Victoria: Certainly sounds as though you should be paid as it is required you be there and it totally work related. But, you asked me what you should do, so given today s economy and environment, I believe you should go and happily do what your employers...
Employment Law: Hours, franchise restaurant, local department
franchise restaurant, local department, coffee shop: It is legal to send you home early if business is slow and there is no work. If your hours are cut dramatically you can draw unemployment even though you are still working. Check with your local Department of Labor office. You may be eligible for unemployment...
Employment Law: Hours worked, salaried exempt employees, k mart
salaried exempt employees, k mart, exempt employee: It does sound crazy to me also, however, there are no limits set on how many hours a salaried exempt employee may be asked to work by his/her employer. Sorry, the news is not better, but salaried exempt employees are exempt from the FLSA (Fair Labor Standards...
Employment Law: HRA Account, health insurance company, health insurance plan
health insurance company, health insurance plan, check ups: HRA is money that the employer puts into the account. It is not money from the pocket of the employee. Our HRA tops out at 1000.00 and no more goes in until some is used. If you have an insurance deductible it may not pay until the deductible is met. If...
Employment Law: Husband was fired -accused of stealing!!, mail return receipt, unemployment comp
mail return receipt, unemployment comp, district managers: Heather: I suspect he will have his claim for unemployment declined, as the company records will show he was terminated for cause. He can appeal and get his side of the story to the Unemployment Comp officials and they will investigate. Who knows what...
Employment Law: harrasment in work place/age discrimination, Jason Barnette, Barnette Law Offices
Jason Barnette, Barnette Law Offices, Barnette Law Offices LLC: Karen: I would advise you to consult with an attorney in PA. Go to the National Employment Lawyers Association website for more information on who is close to you. You can also file a complaint with the EEOC and your state Human Rights Commission. ...
Employment Law: health deduction, gross wages, gross pay
gross wages, gross pay, dli: They cannot reduce your gross wages below minimum wage for such a deduction and they must have your authorization to take the deduction. Here is what it says on the PA DOL website: http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&Q=61106&landiPNavCtr=|&TNID=1024#12...
Employment Law: holding my check, ohio gov, fifteenth day
ohio gov, fifteenth day, paymaster: He is supposed to pay every two weeks, but he is not penalized until after 30 days. http://codes.ohio.gov/orc/4113 (A) Every individual, firm, partnership, association, or corporation doing business in this state shall, on or before the first day of...
Employment Law: Intimidation, repetitive behavior, ballas
repetitive behavior, ballas, written warning: FJ: I would ask for a meeting with my supervisor and a member from HR. In the meeting I would formally request more details on the specifics of the behavior the Company wishes me to change. I would approach it in a positive manner, with the goal of trying...
Employment Law: Involuntary Termination, california industrial relations, earned wages
california industrial relations, earned wages, personal belongings: When the employer does this he changes the quit into a discharge. Here is the answer for California from the California Industrial Relations web site: just gave my employer two weeks advance notice that I was quitting. Instead of letting me work until...
Employment Law: ISO required review and retro pay, ballas, employment laws
ballas, employment laws, employment agreement: Ms. Lister: I do not know what ISO is, but unless your husband is party to an employment agreement that requires it, there is no law that states his pay raise be retroactive. Additionally, employment laws do not require employers perform annual reviews...
Employment Law: insurance deductions, insurance deductions, digets
insurance deductions, digets, insurance premium: When the insurance premium increases for the company than the company has to increase the amount to the employee. This is legal and it is the way it is for every company. When it becomes more expensive than a single policy you can purchase than cancel...
Employment Law: interest owed on unpaid wages, ontario ministry of labour, unpaid wages
ontario ministry of labour, unpaid wages, ministry of labour: This would be up to the Ontario Ministry of Labour to determine. I have not heard of interest being paid, but the Ministry may order a penalty for non payment of wages. I know that you must be paid the wages due and the applicable vacation time. I have...
Employment Law: Job Duties, file clerks, salary payment
file clerks, salary payment, payroll administrator: Payment is the responsibility of the Company. If this person feels they are underpaid than they should talk to either their supervisor or their HR administrator. Titles and job duties are the responsibility of management within your company. HR actually...
Employment Law: Labor law concerns, minimum wage act, social security card
minimum wage act, social security card, unpaid wages: Kim: Here is a link to a cite that answers your questions. If she is age 16, no restrictions on how long she can work, the cut off is age 15. No requirement for breaks, and no state requriement for paid training. http://www.twc.state.tx.us/ui/lablaw/paydaylaw_faq.pdf...
Employment Law: lunch periods, minute lunch period, lunch periods
minute lunch period, lunch periods, meal period: It is legal to require a lunch period, many states require the company give you a lunch period and if they do not show they have given you one they can be in trouble with the state and may even be fined for it. However, if you work the time the government...
Employment Law: MA Overtime Law, overtime law, exempt employee
overtime law, exempt employee, elaws: Jake: If the position is exempt, no overtime is due. If non exempt, then overtime is due, by way of federal statutes, whenever one works more than 40 hrs per week. You state the position should be exempt, but is it? If classified as exempt, but is...
Employment Law: Mandatory Hour Lunch Break, state of california, retail store
state of california, retail store, lunch: Lunch break is up to the employer. The state of California will only regulate that the employee must be given a lunch break. It does not care if the lunch break is longer than what is required. Yes, the employer may enforce an hour lunch break as long as it...
Employment Law: Mandatory Meetings, mandatory meetings, massage therapist
mandatory meetings, massage therapist, ballas: Cathryn Some states have laws that say yes, most do not. You can go to your state s web site and look under employment, or let me know where you are and I will research. Tom Ballas Here is the link to the Texas Q&A on the subject. Texas takes no...
Employment Law: Mandatory uniforms, indiana department of labor, mandatory uniforms
indiana department of labor, mandatory uniforms, color pants: Indiana law does not allow employers to deduct the cost of mandatory uniforms from an employee s paycheck. However, it does allow employers to deduct the purchase price of merchandise sold by the employer to an employee if it is at the request of the employee....
Employment Law: Manitoba workers rights, employment standards branch, manitoba workers
employment standards branch, manitoba workers, overtime wages: contact the Employment Standards Branch: Phone: 204-945-3352; or toll free in Manitoba 1-800-821-4307 Fax: 204-948-3046 E-mail: Employmentstandards@gov.mb.ca Website: www.manitoba.ca/labour/standards Employees who believe their employers did not...
Employment Law: Mileage Reimbursement when working from home office, mileage reimbursement, meal reimbursement
mileage reimbursement, meal reimbursement, new hire paperwork: In most companies you can turn in these receipts for reimbursement. If the company does not do this than you can save them and deduct them from your income taxes as business expenses. If you do not wish the expense than maybe it would be more prudent to meet...
Employment Law: Minor Wages, payroll system, ballas
payroll system, ballas, food company: Jen: You should certainly call if she is owed wages,and they are in violation of state and federal statutes if they do not pay her. I would also find out her employment status. It sounds as though they do not want her to work, and are blaming whoever...
Employment Law: medical issues with work, family medical and leave act, intermittent fmla
family medical and leave act, intermittent fmla, hep c: Brandy: Your company is probably covered by the Family Medical and Leave Act, (FMLA). If so, and if you qualify for FMLA, you should request an intermittent FMLA. This would protect your position until you exhaust 12 weeks. When that is exhausted,...
Employment Law: missouri employee rights for bounced paychecks, deposit checks, employee rights
deposit checks, employee rights, paychecks: You should be paid all your wages even if you cash the check after 30 days. You also should expect the employer to reimburse bank fees caused by him giving you a check that is no good. If he does not make it right and pay you for all the checks than file...
Employment Law: New to exempt employment, hourly salary, annual salary
hourly salary, annual salary, exempt employee: Chris: Impossible for us to know these answers without your questioning either the Supervision or someone in HR. There is such a thing as an exempt employee who can earn overtime, in some rare jobs, but you really have a right to know the answers. I can...
Employment Law: Overtime laws, overtime calculation, overtime laws
overtime calculation, overtime laws, overtime hours: What the DOL investigator is likely referring to is a method for calculating overtime called the fixed salary for fluctuating workweeks . If an employee is paid a fixed salary each workweek for hours that vary up and down from week to week, the employer...
Employment Law: overtime/ comp time, exempt employees, flex time
exempt employees, flex time, labor standards act: They can do it in the same week the time is worked because what they are doing is cutting the hours one day for the overage worked in another day. This is legal if 40 hours in a week are not worked than there is no overtime. Overtime is only paid when the...
Employment Law: Pay cut and hourly cut, unemployment insurance, local department
unemployment insurance, local department, hotel industry: It is legal to do this as long as he gives you notice before you work any hours under the new pay rate. Hours are up to the employer, he needs only work you the hours there is work to be done. If your hours are cut drastically than you may be eligible to apply...
Employment Law: Last Paycheck, unpaid wages, email response
unpaid wages, email response, personal sales: This is illegal for him to do. Not only can he not withhold it from your final paycheck, he cannot hold you responsible for what happens while you are on vacation, if it actually really happened. Sounds like a retaliation against you for applying for another...
Employment Law: Payment, radio company, cash business
radio company, cash business, air time: Carla: I would write someone in Corporate and plead my case. That said, without formal documentation, I do not think you have much chance at a Small Claims court. Those judges typically are driven by documents, and the absent of same in this case will...
Employment Law: Payroll Deduction, payroll deduction, company vehicles
payroll deduction, company vehicles, personal car: If you are using the company car for personal use like vacations that may be a different story. You need to look at the contract you signed with the company or the company policy on personal use of company vehicles. If you just use it to go back and...
Employment Law: Payroll Deduction, field supervisor, payroll deduction
field supervisor, payroll deduction, ballas: Christine: As long as an employer authorizes such deduction, it is legal. Typically a company will not deduct the pay from the Supervisor, rather will warn him or discipline him for authorizing the ot for the worker. You must pay the ot to the worker...
Employment Law: Policy Changes., fringe benefits, dleg
fringe benefits, dleg, time hr: The government says you only have to be paid for the regularly scheduled work day (8 hours). They probably realized this and changed their policy. You could argue the point that you had made the trip before the change, but if they are unwilling to pay it...
Employment Law: Possible discrimination, different company, gender age
different company, gender age, discrimination: You do not have a case of discrimination unless your wife was let go because of her nationality, color, gender, age or disability. Those are the things that you can claim for discrimination. If none of those reasons were the reason your wife was laid off...
Employment Law: Pregnant and not yet employed 12 months, pregnancy discrimination act, becoming a foster parent
pregnancy discrimination act, becoming a foster parent, michelle osborne: Michelle: If you are not eligible for FMLA, then they do not have to grant you FMLA. They may grant you a leave if they choose, without pay. See the question and answer below about the Pregnancy Discrimination Act. I would refer them to this, and I would...
Employment Law: Principal's vindictive actions, equal employment opportunity commission, employment opportunity commission
equal employment opportunity commission, employment opportunity commission, eeoc office: I am sorry to hear that you are haveing such a hard time. My daughter teaches in Arizona and while the tests must have good results they do not use textbooks and she makes up all her lessons ahead of time. She says it is a more non constrictive teaching environment....
Employment Law: PTO and overtime, fair labor standards act flsa, nonexempt employees
fair labor standards act flsa, nonexempt employees, fringe benefit: #1. Overtime is not figured on PTO. Overtime is figured on actual worked hours. If you have 30 worked hours and use 16 PTO than you still only have 30 worked hours so there is no overtime. #2. PTO is given by the employer and it is not required to be given...
Employment Law: PTO Policy change, nebraska supreme court, nebraska law
nebraska supreme court, nebraska law, state of nebraska: Vacation pay constitutes wages in the state of Nebraska. It is not legal to take away any time that has already been accrued by the employee. The amount of time that the employee is allowed to accrue may change but it must do so before any new time is...
Employment Law: pay, state labor laws, arkansas laws
state labor laws, arkansas laws, job: Your company is in Arkansas they have to obey the labor laws for Arkansas. If you had a job in Texas and worked there all the time than the Texas laws would apply. Since you are out on the road and your work place varies than Arkansas laws apply. Shirle...
Employment Law: No pay chacks on pay day, california department of labor, dlse
california department of labor, dlse, unpaid wages: Here are the rules for payment of wages in California. Since the work is done in California the laws are for California. http://www.dir.ca.gov/dlse/FAQ_Paydays.htm If you wish to file a claim for unpaid wages with the California Department of Labor you...
Employment Law: pay cut, unemployment benefits, labor board
unemployment benefits, labor board, state of texas: Reductions in the pay rate are legal, but should never be retroactive. Remember that pay cuts of 20% or more may give an employee good cause connected with the work to quit and qualify for unemployment benefits. Notice of any changes in the pay rate should...
Employment Law: pay delay, unpaid wages, austi
unpaid wages, austi, time sheet: I have several questions a week on this very topic. I have a hard time understanding why it is so difficult for so many to simply clock in and out. I am sure that the company would love to comply with the FLSA and pay you on the correct payday for all...
Employment Law: pay reduction vs. furlough, productive work time, staff reduction
productive work time, staff reduction, furloughs: They should be given to you in writing, but it is not required they are. You must be making at least minimum wage. If your wages and hours are drastically cut I would check with the Department of Labor you may be eligible to draw unemployment if you terminate...
Employment Law: payroll, payroll clerk, time card
payroll clerk, time card, furlough: The federal laws of the FLSA (Fair Labor Standards Act) says the employee must be paid for all the time worked. If you have a mandatory meeting than you must be paid for attending that meeting. You should be paid for the 1/2 hour. You can call the...
Employment Law: paystubs, payroll checks, stubs
payroll checks, stubs, paychecks: They should be handed out with the paychecks. However, what you would have to do is file a formal claim with the Department of Labor with your state and have them investigate the incident. What would happen is they would tell your company to give the stubs...
Employment Law: previous answer to concurrent salary/hourly, hourly wages, hourly positions
hourly wages, hourly positions, salaried employee: When an employee is salaried exempt it covers all the work he does for his employer. He may be asked to work any number of hours for that employer. If you pay a salaried exempt employee both salary and hourly wages than you may lose the exemption. I do...
Employment Law: Question regarding overtime : ), economic downfall, overtime pay
economic downfall, overtime pay, question question: If he is paid hourly than he should receive overtime for all the hours over 40 in any one week. If he is not being paid overtime for the hours over 40 than he can file a claim with the department of labor for a violation of the FLSA and the DOL will make sure...
Employment Law: reference from former employee, proper reponse, proper response
proper reponse, proper response, telling the truth: The proper response is I can give you the hire date, the termination date, and if the employee is eligible for rehire. If you wish any further information I need a release signed by the former employee. This is the proper reponse but it is not illegal to...
Employment Law: Severance Pay, severance pay, tax liabilities
severance pay, tax liabilities, severence: It is not a good idea to pay him as a contractor. If the DOL looks at it they will consider him an employee and go back and make you pay the taxes on the amounts. You can pay out a lump sum severence check, figure the taxes and pay them in to the right...
Employment Law: Severence/Vacation, severence, unused vacation
severence, unused vacation, vacation policy: Yvonne: They are giving you severance that exceeds your accrued vacation. They do not have to give you any severance. Absent a signed agreement that says they will give it, they need only change their mind about paying you the 4 days. If the vacation...
Employment Law: salaried employees and time clock, public school teacher, classroom time
public school teacher, classroom time, time clock: Educational institutions are different in that they have contracts and unions. If you are a member of a union you need to talk to your union representative about the above concerns. You also need to review the contract you have signed and see if you agreed...
Employment Law: salary vs hourly, retail store managers, overtime laws
retail store managers, overtime laws, compliance guide: Natalie: Typically a position is either exempt or non-exempt from overtime laws. Most retail store managers are non exempt and paid hourly, and if so should be paid overtime over 40 hours. Some retail chains classify their managers as exempt, and pay...
Employment Law: school or work, flex schedules, ultimatum
flex schedules, ultimatum, boss: It is legal for a business to schedule his hours how he feels fit to do so. Some will accomodate for flex schedules for students some will not. The law does not tell the companies how they may schedule hours. I would highly suggest you do not drop out...
Employment Law: sick leave policy, ballas, sick leave
ballas, sick leave, fmla: Vonda: Sick leave policy is established by the Company. Such policies are not legislated by state or federal laws. Employers have a right to expect regular attendance of its employees. Sometime, employees take advantage of sick leave policies, and discipline...
Employment Law: sick time, federal labor laws, sick time
federal labor laws, sick time, salaried employee: There are almost no state or federal labor laws regarding sick pay. No state requires that companies pay workers for sick time. There are about 10 states that require companies to pay terminated workers for accrued vacation time. None requires employers to...
Employment Law: slander/defamation, Jason Barnette, Barnette Law Offices
Jason Barnette, Barnette Law Offices, Tennessee Personal Injury Lawyer: Angie: Absolutely insofar as you have actionable claims for slander and tortious interference of contract. If you reside in Tennessee, feel free to contact us. Jason Barnette Barnette Law Offices, LLC 1800 Hayes Street; Suite 122 Nashville, TN 37203...
Employment Law: social security numbers, social security numbers, social security number
social security numbers, social security number, annual salary: You can inform your employer that any information containing social security # s or medical information are covered under privacy and Hippa legislation. He could be fined for doing this. The information should be either shredded before being discarded, shredder...
Employment Law: TEMP EMPLOYEE BENEFITS, legal recourse, temporary agency
legal recourse, temporary agency, hr manager: Ms Wall: I do not think you have much to go on. Vacation, holiday pay, etc is not governed by state and federal laws, and is left to Company policy. Eligibility requirements may be changed without notice. It is impossible for me to say what is due...
Employment Law: Termination, retail job, ballas
retail job, ballas, fmla: Wendy: Since she has been employed less than one year, she is not eligible for FMLA. With no FMLA protection, she can be terminated if she cannot work due to her medical condition, even if it is validated by her Doctor. Certainly they should not threaten...
Employment Law: Termination after resignation letter submitted, letter of resignation, resignation letter
letter of resignation, resignation letter, collective bargaining agreement: Karyn: It is legal, unless you were covered by a collective bargaining agreement or an employment contract that stated you could not be terminated. Since you had resigned, they may have a policy that provides you get such a letter. Tom Balla...
Employment Law: Texas Vacaction Use, texasworkforce, attendance policy
texasworkforce, attendance policy, texas payday law: Vacation time is a fringe benefit given by the employer. It is not required by law to be given. If it is given than the employer has the right to say when it may or may not be used. The company is allowed to use it for sick days off. http://www.texasworkforce.org/ui/lablaw/paydaylaw_faq.pdf...
Employment Law: Texas Web-based Time Clock, employeer, time clock
employeer, time clock, texas web: It is legal and it is becoming the method that most employers are using, we use it at my company. Companies round to either the nearest 10 minutes or the nearest 15 minutes. So if you are 5 minutes checking in it will round up to the nearest 10 minutes. ...
Employment Law: Time Clocks, time clocks, correct time
time clocks, correct time, time clock: The time clock should be set as near as possible to the correct time. Otherwise if someone is tardy to work than they could argue that it is because the timecard is not set to the correct time for everything else. You can get the correct time from the computer....
Employment Law: Time clock, flex schedule, time clock
flex schedule, time clock, ballas: Amanda: The laws do not directly address how a company keeps the time of its employees. It does say the employer must pay the employee for time worked, if they have knowledge the employee did indeed work the time. If your hours are as you describe,...
Employment Law: TimeClock/Wages, employee time clock, ballas
employee time clock, ballas, grey area: Jaxmine: Your employer has installed a set of rules for the employees. Nothing illegal about that. But, he is required to pay you for time worked. If he instructs you to work before your start time he must pay you to do so. If he instructs you...
Employment Law: TimeSheet Modification by Employer Requiring Employee Initials, employee time cards, class action lawsuits
employee time cards, class action lawsuits, employee initials: It is regulated mostly by the states, but the FLSA says that the employee must be paid for all the time they work! That is the exact language. Now if the timecards are changed the employee is not paid for all the time they work. Even if it is changed because...