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Recent Fair Labor Standards Act questions

I have relocation agreement stating that if I leave after 12

I have relocation agreement stating that if I leave after 12 months I must pay 100% of the benefits and if I leave after year 12 and before year 24 months I must pay 50%.In regards ***** ***** the agreement states "I further agree that the Company may, to the extent permitted by law, deduct from my pay any amounts due to me upon my voluntary resignation or termination for cause as partial or total payment of reimbursement of Relocation Expenses. I agree that, in the event such amounts are insufficient to cover total reimbursement, I will provide the Company with the additional funds required for the reimbursement within 30 days of such termination of employment."I am planning to leave after 20 months due to a pending sale of 1/3 of the business and a reorganization / outsourcing of the remaining business.Based on these changes I would have not moved 20 months ago. The company I work for now is not the company I agreed to relocate for. Is the relocation agreement still enforceable? Located in North Carolina

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I am a paralegal. I was terminated yesterday for a bogus

I am a paralegal. I was terminated yesterday for a bogus reason. For the past 2 years I have worked at least 50 hours a week, which I can prove, but never paid overtime. My boss wants me to sign a severance agreement which states in a nutshell that I promise not to sue for overtime wages or for any other claims in exchange my employer will pay me 5 weeks of pay and will not contest my unemployment claim. I refused to sign the agreement until I spoke with an attorney. My question is am I entitled to overtime wages, and if so, is there a requirement that my employer employees a certain number of employees before the law applies to the firm. Thank you.

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I have a question regarding the new overtime rule stating

I have a question regarding the new overtime rule stating that any employee earning less than $47,476 ($913/week) can no longer be considered a salaried associated and must be paid hourly—therefore qualifying them for overtime pay. We have someone working as software tech support who previously was not affected by this but given the new law, his earning fall below that amount. His salary is currently at $35,360 plus he gets paid $150 for on-call support each week whether a call comes in or not. So it puts his annual income at $43,160 which is still below that new amount. Can you please give me some guidance on how to handle this?

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Law Educator, Esq.

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I live in Salt Lake City, UT. The business I work for is in

I live in Salt Lake City, UT. The business I work for is in Salt Lake City, UT. I am on Salary of $35,000. I am not in any way a manager. I am a retail sales associate. The company I work for is a small business of 12 employees. The company is an LLC. I have been reading up on overtime laws. From what I understand about overtime laws I am not exempt from overtime because I am not in any way a manager. That is what I understand from this article on Monster.https://www.monster.com/career-advice/article/exempt-nonexempt-employee-misclassificationI realize their was a change in overtime law that was going into effect today that a federal judge has stopped but that does not effect my job type does it? Am I entitle to still receive overtime?

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John

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I am looking to take some classes regarding HR, but am not

Hello-I am looking to take some classes regarding HR, but am not looking to get a degree. Can you please help with suggestions on what type of classes would be helpful to me?Thank You

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Law Educator, Esq.

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I am exempt employee who is working in the company as Manger

Hi, I am exempt employee who is working in the company as Manger over 3.5 years. At present I am 29 week pregnant. During my first trimester I was on and off from work due to doctors visits and pregnancy symptoms as my pregnancy was high risk. I also worked from home remotely with supervisiors permission . In the month of September HR stated that employee can not work from home since then I worked from office only. Mostly I am between 70-80 hours for past 3 months.Now my HR/Finance came to me and told that my worked hours from home will not be considered as worked and they will deduct it against my PTO. They have provided the list of my working hours of last 6 months. For remote work I have email communications with supervisior to prove it- will that suffice to justify?As an exempt I have worked so many hours to complete the project in my tenure and since last 6 months my supervisior was fully satisfied with my work.Please suggest how should we respond to HR/Finance. Also any provision for Florida state?Thanks in advance.

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John

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Questions on Professional Commission Employees We are trying

Questions on Professional Commission EmployeesHello – We are trying to convert psychotherapists and acupuncturists (so white collar professional employees) from contractors to employees.We currently pay a percentage of revenue generated to our contractors and would like to continue doing this with them as employees.I suppose this would make our employees commissioned professionals. We are confused as to when we would have to pay hourly wages as well (if at all).Questions:1. Do we ever have to pay hourly wages?2. If yes, when? Do we have to pay hourly wages for:a. If a client does not show-up? (the employee would normally have been paid as a percentage of revenue paid by that client)b. Required staff meetings?c. Chartwork time? (Or can this be considered part of the work of seeing a client for whom a percentage of revenue (commission) is paid?)d. Cleaning up the office and locking up after shift?e. Marketing activities or anything else not directly involving paying client?3. I'm pretty sure that our employees will be non-exempt from overtime requirements and minimum wage requirements at least until they make a certain amount of money per week. Want to double-check this with you. I'm running down the following checklist:To qualify for the learned professional employee exemption, all of the following tests must be met:• Make $913 per week on a salary or fee basis (is $913 the right number for Maryland?)• The employee's primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominantly intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;• The advanced knowledge must be in a field of science or learning; and• The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.So our folks meet everything except the $913 or so per week (as of Dec 1 2016).So we DO need to pay over-time, if anyone has any.Psychotherapists are not required to stay at the office when clients are not scheduled. So if they have a client at 1pm and a client at 6pm, they can come and go between.Question for Acupuncturists:Acupuncturists work defined shifts and are required to stay at the clinic awaiting unscheduled drop-in business.4. Do we need to be paying an hourly wage for acupuncturists? If we are paying them a commission on revenue generated, when would the hourly wage need to happen – for time when no clients show up?Thanks,Michael

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Flex-time; Overtime pay; travel away from home community;

Flex-time; Overtime pay; travel away from home community; FloridaI am non-exempt employed in Clearwater, Florida and working as a field service technician. Travel is a significant part of my weekly hours and I usually fly out early Monday and return home Friday afternoon. In the past, my employer has paid straight time for any travel outside 9am to 5pm, but recently a new policy was announced. I have posted the full text of the new policy below. I am especially opposed to the new flex time. I have done some google searches and I don't think that the new policy is compliant with the law, but I am finding contradicting information and I need a solid expert opinion before I decide further steps. My question is 3-fold:1) can a company introduce mandatory flex time like this? If not, exactly which laws prohibit this?2) Was the previous policy of paying straight time instead of time-and-a-half legal? HR always pointed out that travel does not have to be paid at all and that they are doing us a favor by paying anything for it at all.3) Optional: If time allows, I would like to have a full line-by-line review of the new policy and know which provisions are legal, which are questionable and which are in violation of which laws.1) Authorization of Overtime- Supervisors are responsible for authorizing any overtime and notifying employees as far in advance as possible of the necessity to work overtime.- No overtime may be worked without advance supervisor approval. Employees working overtime without advance approval may be subject to discipline.- Specifically, for Service employees, all non-billable overtime hours have to be pre-authorized by the supervisor to be eligible for pay-out to the employee. Non-billable overtime hours are defined as hours that are paid to the employee at overtime rate but not billed to the customer at overtime rate.2) Calculation and Payment of Overtime- Overtime hours are defined as all hours worked in excess of eight (8) hours per day or forty (40) hours per week.- Travel time will be considered hours worked when it: (a) occurs during “normal” work hours (8:00 a.m. to 5:00 p.m. Monday through Sunday); (b) is same day travel to and from another city for a one-day work assignment; or (c) is travel between worksites in different cities on the same day. Hence, any travel during these hours will be added to the hours worked during a day and count towards the overtime calculation.- Paid Holiday time, Paid Vacation time, Sick time, Flex Hours and time spent on a leave of absence (Jury Duty, Bereavement, Personal, etc.) do NOT count towards hours worked for overtime calculation purposes.- All non-exempt employees will be paid for overtime hours at an overtime rate of one and one half times their regular hourly pay rate.3) Flex Hours- Flex Hours are accumulated annually without a cap on a one-to-one basis for non-compensable travel time in each calendar year. Non-compensable travel time is non-work time spent in traveling to or from a work assignment outside of normal work hours (between 5:00 p.m. and 8:00 a.m., Monday through Sunday) on an overnight work assignment away from home.- Flex hours are to be used as paid time off and the scheduling of Flex hours occurs at the sole discretion of the supervisor. Supervisors will schedule Flex hours in lieu of non-billable/non-productive hours that would occur otherwise.- Flex hours will be tracked through payroll and reflected on employee paystubs.- In the last payroll of the calendar year, employees will be paid at the employee's regular rate for all earned Flex Hours in excess of twenty (20) Flex Hours. The remaining twenty (20) Flex Hours will be carried forward into the following year. Flex hours will not be paid upon an employee's termination.

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Law Educator, Esq.

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I want to if their is a labor law that's states if you are a

my name is***** want to if their is a labor law that's states if you are a part time worker who has worked full time hours for a year and now want to have benfits but told you cant get until for another year

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Infolawyer

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