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Recent employment law questions
Customer: Oh I was just looking into if my companies employees
Customer: Oh hi I was just looking into if my companies employees are entitled to overtime if they are paid at a flat rate. JA: Thanks. Can you give me any more details about your issue? Customer: Yes, my company is looking into changing the pay for our technicians. What we would like to do is pay them at a flat rate for their billable hours. We're hoping that this will give them the incentive to bill out my hours. JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Employment Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit? Customer: yes JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Good morning. Our company, a physical therapy (PT) practice
Good morning.Our company, a physical therapy (PT) practice located in Oregon has a PT Bonus Program. The monthly bonus payout levels are based on averaged number of patient visits per hour. The policy which is clearly communicated to all PTs includes bonus qualifiers including (1) average charges per visit must be equal to or greater than $200 for the month and (2) Documentation must be complete for all visits in the month by the end of the 3rd business day of the subsequent month. (Patient Documentation is required for compliance reasons).We have a PT who has not earned his monthly bonus on a frequent basis due to his lack of documentation. Based on our calculations, this employee who resigned on 9/30/15, it appears that he will not earn his bonus for the month of September due to his charges per visit and substantial missing documentation.(Normally, any earned bonuses are paid out on the 20th of the following month in which they were earned). Since the employee did not earn the bonus per the terms of our policy, we believe that we're on legal ground that he's not entitled to any bonus of September. But we'd like to confirm this in the event he may feel differently. (Our PT policy is applied equally to all PTs within the company).Thanks,Pamela
Can a California employer change a bonus calculation retroactively?
Can a California employer change a bonus calculation retroactively? In this case, the bonus formula was clearly defined in a contract, and the employee performed through the entire fiscal year.Also, must the employee file a claim with the Labor Commission, or can the employee directly file suit of contract?Thank you.,Can a California employer change a bonus calculation retroactively? In this case, the bonus formula was clearly defined in a contract, and the employee performed through the entire fiscal year.
Over 9 years working with this company, I put in a Resignation
Over 9 years working with this company, I put in a Resignation For the date set 12-31-14. I Put this notice in on 7-31-14. My job title was Asst. Warehouse Manager. The Reason for this, as I told HR, was to focus on going back to school to earn a degree In warehousing and logistics. I had already spoke with an advisor from CTU ( Colorado Tech University) Setting up an enrollment date scheduled for the beginning of the new year in 2015. There were a lot of factors that I told HR that help me to make this decision, that included: Management over stepping boundaries not associated with his job title, procedures that were written and over ruled by voice, instead of being Documented like all the rest of the procedure's were. Profit Sharing/Retirement plan being eliminated. Employee Bonus Revoked. Down grading employees to be fearful of losing their job. Name calling, for instance, I'm a Tall Thin man, being called skinny, boney, Put some weight on, eat a sandwich, puny and bean pole. This was done by employees, and even both owners, who I have great respect for. It was hurtful, and being there over 9 years and have worked diligently hard to achieve my job title. Although I shared these concerns with HR, I wanted to show my respect for this company that I worked so hard for, and they know I did. And gave them an extended notice, so I can keep working, helping others learn different job skills, train an existing employee on my job, and complete my task of organizing the warehouse SINGLE handedly I may say. I loved my job, but wanted more than this company could provide. Also, to save for my enrollment fees, so I wouldn't have to apply for a loan. I was discharged from this Company at 12 noon the same day. Was given 2 weeks severance pay, killing my opportunity to save for college, and causing emotional damage. I have filed unemployment, to which the employer is appealing. I have not been able to find a job the past 6 weeks, I have been living on my savings, and I've been depressed of late, hard to sleep, crying because I'm scared I'm going to be homeless. I have worked so very hard to achieve my title, and there are employees that can verify this also, if needed, I do not want to risk there job. Is this legal? I feel like I was Retaliated against for putting in the notice, I'm not sure what else to do, I have no one else. Thanks Chris Starling.
Florida Employment minimum wage theoretical question:
Florida Employment minimum wage theoretical question:In Florida minimum wage is $7.79 and overtime pay is 150% of same or $11.69.An employer hires a worker on the basis of minimum wage with an agreement to offer a further discretionary bonus (if deemed earned) that can range from an extra $2.21 and hour (bringing the pay to $10.00/hour) to above that.The discretionary bonus is deemed earned by management based on timely appearance for work, general attitude and work speed and competence. Overtime pay is due after 40 hours work. A worker works 50 hrs one week:Scenario # XXXXX: He is new and the only employee in a new company and is paid 50 hours at an average of $10/hr =$500.0040 hours at minimum wage =40x$7.79=311.60 = 10 hours at $11.69=116.90 plus a bonus of $71.50. He argues that the $10/hr is the real wage and he should be entitled to 40hrs x 10=$400 plus 10 hours at $15 for an extra $150.00 and is owed $50 for overtime. Does he prevail?Scenario # XXXXX: He is one of many employees who have been working 40 hour weeks and getting their $10/hr based, management says, on the additional bonus earned by them regularly. Then one week he works an extra ten hours and is still paid his $10/hr based on the same management logic. He asks for overtime. Is his claim any better than scenario # XXXXX Scenario # XXXXX:Several employees are in the same situation and a predatory lawyer commences a class action. Is the lawyer likely to prevail in a scenario # XXXXX situation?
I work for a company that provides automotive service. At the
I work for a company that provides automotive service. At the bottom of the receipt section, there is a legal statement that details the responsibility of the consumer of further action that they are responsible for. The consumer signs off on that part and does not follow through upon their responsibility. Negative results occur that are documented and the consumer has the negative results taken care of by the company, but the company holds forth me personally in having my compensation penalized by the company because they don't want to have to pay for the claim. Is this legal? I provided the paperwork for the consumer to sign and they did. Why and how should I have to pay for this in acting properly?
I am starting a small (5 people, including myself) graphic
I am starting a small (5 people, including myself) graphic design firm in columbus, ohio. Ideally, I would like to be able to pay my employees hourly an amount equal to 50-60% of the hourly rate charged to the client. However, client payments are divided up into 3-4 installments, so there wouldn't be sufficient funds account to pay them the full 50-60% when payroll was due. Not to mention if they happen to exceed estimated project hours, or happen to hit overtime.I can't pay them on commission because of the same insufficient funds come payday issue. I would simply subcontract to them, but I want to provide them with software, equipment, stationary, training, etc, (preferably as tax-exempt business expenses), as well as take care of their tax with-holding so they don't have to worry about it. Another reason I would like them to be hourly instead of contractors is that I don't want them to have to pay self-employment tax (I would like to take as much tax/expense burden off of them as possible).I have devised a "work-around" for this problem, but I want to make sure it's legal:The Workaround:My employees will be paid minimum hourly wage, then I offer discretionary (nothing would be in writing or contracts) bonuses (on which I would tax-withhold for them) to them as funds become available to make up the difference on the 50-60% "commission" that I would like to pay them for the projects they've worked on. That way, no matter how many hours they spend on the project, or if they happen to hit overtime, payroll is covered. It's a little convoluted, but it's the only way I can figure out to pay them what I feel they deserve before we pick up enough momentum to keep sufficient funds in the account.Thoughts? Is there a way simpler way to do this?
My daughter recently declined an invitation to an after hoursView more employment law questions
My daughter recently declined an invitation to an after hours holiday party. The director told her she felt "snubbed". The next work day, employees who attended the party announced they had been given $100. This is a government subsidised daycare facility in Portland. Is this legal? What recourse do employees have?