How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Infolawyer Your Own Question

Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50746
Experience:  Licensed attorney helping employers and employees.
11313492
Type Your Employment Law Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

I am a professional salaried, exempt employee in tennessee.

Resolved Question:

I am a professional salaried, exempt employee in tennessee. Some days, the operating room is slow and our CEO is making us stay home on occasionally and making us take accrued PTO time to cover our pay for those days. Is this legal? In addition, he wants us to start going "negative" on PTO accrual for those days if we don't have enough accrued PTO time, saying by the end of the year we will accrue enough to cover the negative balance Any thoughts? My second question concerns call pay. If on call, we are required to be within 20 minutes of the hospital, is this call time compensable? And if so, is it by our normal calculated hourly rate or by a set amount we can negotiate with our employer? Thanks for the help.
Submitted: 4 years ago.
Category: Employment Law
Expert:  Infolawyer replied 4 years ago.
What do you want to accomplish?
Customer: replied 4 years ago.
Our CEO calls us down to meetings on a weekly basis to discuss changes he will be making to our daily routine. We are anesthesia providers with advanced education, and have contracts for employment with the hospital (individual contracts, W-2 employees, exempt and salaried). Every week he tries to change our work, not contradicting contractual terms, only because the contracts aren't that specific. Since we are salaried, exempt employees of the hospital, we want to make sure he is not violating labor laws. None of us has ever had an employer do what he is doing, so we are unsure of the legalities of it. We want some clarification so we can ensure we are being treated fairly.
Expert:  Infolawyer replied 4 years ago.
Legally, I am afraid the employer can do so provided it is not out of discrimination due to race, age, gender, nationality or religion. The employer can do so within its discretion for no reason at all.
Customer: replied 4 years ago.
Concerning the negative balance of PTO accrual, that is legal as well? Since the contracts don't specify this, do we need to address negative balance issues at end of year if he tries to make us reimburse a negative balance?
Expert:  Infolawyer replied 4 years ago.
Has he had a policy or practice of requiring it? Is it covered by manual?
Customer: replied 4 years ago.
I haven't seen it in any manual, and previously (December) we had a situation in which one of us was called off due to low census and he did not have any PTO accrued, so they paid him anyway (not negative balance). This is a new "policy" he is adopting at least with us. We haven't been too resistant prior to, because we felt he was probably within his right. But to go negative is not something we are ok with
Expert:  Infolawyer replied 4 years ago.
he cannot single you out then for such penalty and you can contest it on that basis.
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50746
Experience: Licensed attorney helping employers and employees.
Infolawyer and 4 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 

Related Employment Law Questions