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Recent Fair Labor Standards Act questions

In job offer, the company is giving a hiring bonus and a

In job offer, the company is giving a hiring bonus and a relocation package (either lump sum cash or relocation through a 3rd party). For both of them the company states that they may withhold the unearned advanced amount from your final paycheck up to the maximum amount permitted by law".How is this maximum determined?

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
My employer has stopped paying my health insurance that I

My employer has stopped paying my health insurance that I have been promised. They paid for two months and then stopped without even telling me. I found out when I went for a physical. Also they owe me per diem money for a business trip I went on. Also I haven't gotten paid for my latest pay period. I am not sure how to recoup what's owed to me. Also I am not sure if I should keep working. It is a work from home job with an out of state employer.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
I held a management position with a family owned business. I

I held a management position with a family owned business. I worked there for 24 years with the exception of a period of 6 months November 1999 to May 2000, I left for better money but found the grass is not always greener so was rehired back into the family business. I have since quit again with no intent on returning and I am sure would not be rehired. I gave two week notice but was terminated pretty much on the spot. Was given final check and a week severance. Question is am I due two weeks considering my two week notice? Second, they did not present me with any paperwork regarding cobra papers for continuation of health insurance. I questioned previous employer 2 weeks later and was told insurance company would contact me direct. I just found out today, as of August 31 we have been without health insurance and my wife was due to have surgery next week. Do I have any recourse with previous employer?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,012 satisfied customers
Can my former employer implement a Revised Benefit Plan of

Can my former employer implement a Revised Benefit Plan of his choice because I failed to provide an updated Election of Benefits form in his designated time frame. The firm overpaid my monthly annuity and underpaid my lump sum payout. However, the underpayment cost me over $ 7,000 in bonus money from my annuity company because instead of paying out 100% of the money due me they only paid out 79.4%. I lost an 8% bonus plus interest for a 20 month period.

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Infolawyer

Attorney

Juris Doctor.

37,606 satisfied customers
I have been working for a company for 1 and a half years. I

I have been working for a company for 1 and a half years. I took the job based on an agreed upon written offer of pay. I am a per diem worker at a hospital in Las Vegas Nevada.Recently my HR department called and said they made a mistake in my offer, and paid me too much. They told me they were going to reduce my pay. Is this legal?

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ScottyMacEsq

Doctoral Degree

22,674 satisfied customers
Do the penalties in New Jersey, for misclassifying employees

Do the penalties in New Jersey, for misclassifying employees as 1099 independent contractors, consist solely of monetary judgments, such as penalties and interest or do they apply criminal penalties to the owners or managers of a business who are found to have engaged in inappropriate classification of employees?

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Infolawyer

Attorney

Juris Doctor.

37,606 satisfied customers
If an employee is loaned say $1500 and they agree to

If an employee is loaned say $1500 and they agree to installment payments, however, as noted previously, their employment ends before they can pay the balance in full via the installment payments. If, in the original loan agreement, there is no language regarding withholding an installment payment owed on the final check, the employer cannot withhold the installment payment, correct? I suppose what I am trying to clarify is if the employer is authorized to withhold an installment payment but no more than that OR if the employer is not authorized to withhold any amount whatsoever if there is not language in the load agreement authorizing it?

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Infolawyer

Attorney

Juris Doctor.

37,606 satisfied customers
I feel I have been mis-classified as exempt rather than non

I feel I have been mis-classified as exempt rather than non exempt...as of now, I earn $41,000 annually which placed me above the current levels but if course below new regulations of Dec. 1st 2016...my title is assistant supervisor of maintenance...I basically am whatever the main supervisor determines I am...In an average day, I open and close maintenance work orders for maybe 2 hours a day, if that...I spend alot of time opening and closing doors, passing out tools and checking them in, unloading trucks with parts and material, backing up maintenance tech's...and so on....I have a specific job description and duties, almost none which I perform with any regularity...I cannot interview candidates for open positions, my discipline of subordinates has to go through the main supervisor before I can file it...and all communications and correspondence he requires being copied...I don't feel I am doing 15-20% exempt work daily if that...now I am working in weekend rotation with other maintenance techs, who take zero direction from me due to my boss undermining me...do you feel i have a legal claim to overtime and how is this best addressed?

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
My husband works for a Miami beach restaurant. He used to

Good morning,My husband works for a Miami beach restaurant. He used to work the evening shift until a few weeks before. They would start him at 3 pm and "finish" at 11 then his employer would have him clock out and send him back to work and they keep him there until next morning 6-7 am. Of course he has the right to say know but then he would lose the job. I don't think it's fair towards us. The other issue we have, about a month ago, they deposited his paycheck twice on the account. first we thought it was for his over time but apparently it was just a mistake by the employer. We used the money, now they are not willing to take the money back in payment plans they are not willing to work with us on any level just keep withholding all his paychecks until today. we got to a point that we cat even pay our bills now, cant pay our rent and we have to children under 2 years.We need help !Sincerely,Fanni Murai and Daruco Pacouloute

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Infolawyer

Attorney

Juris Doctor.

37,606 satisfied customers
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