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Recent FLSA questions

My daughter who is 17 is working for D&D and they said they

My daughter who is 17 is working for D&D and they said they do not pay for training. They have her scheduled for 31 hours in one week without pay!JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Linden, NJJA: Is the employment agreement "at will," union, full time or part time?Customer: part time now unionJA: Anything else you want the lawyer to know before I connect you?Customer: I just want to know if they are allowed to do this. She is still in her last year of high school.

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RobertJDFL

Attorney

Juris Doctorate

13,502 satisfied customers
My husband works for the Chicopee Housing Authority in

My husband works for the Chicopee Housing Authority in Chicopee MA as an Operations Maintenance Manager, non-union position, for a salary of $63,000 per year. His boss, the Executive Director, docks his pay if he takes an hour off at the end of the day for a medical appointment, even though he works more than 40 hours (in early, stays late, works some Saturdays). I told him I thought his was against the FLSA, that he is salary therefore she cannot dock his pay like that. Am I correct?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassachusettsJA: Is the employment agreement "at will," union, full time or part time?Customer: I believe it is "at will" full time. The maintenance workers he supervises are in a union, but management is not.JA: Anything else you want the lawyer to know before I connect you?Customer: No I think that is all. For an example last week he worked 6 hrs on Saturday plus 9.5 hrs each day, so his total was way over 40 however he has to take off an hour early tomorrow for a dentist appointment and the executive director expects him to only be paid for 39 hours.

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John

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Doctoral Degree

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This question pertains to FLSA I have worked for a community

This question pertains to FLSA I have worked for a community college in texas for about 4 years during that time I was paid as a part time employee 19hr a week at the peak $22hr. as a lab instuctor and assistant to profesors, as well as, an adjuct instructor at times. During those four years I did research with undergraduate students out side of the 19 Hr, along with developing a new degree plan involving time outside of the 19hr a week. I assumed that I would be hired full time when the New degree plan was completed. However, today I was informed the college no longer required my services, and they will have another instructor teach the courses. I am wondering now if there plan along was to just use me. according to DOL web site http://webapps.dol.gov/elaws/whd/flsa/docs/publicvol.aspwhich is quoted below. Is it worth my time to file a complante?"Public sector employees may volunteer to do different kinds of work in the jurisdiction in which they are employed, or volunteer to do similar work in different jurisdictions. For example, police officers can volunteer different work (non-law enforcement related) in city parks and schools, or can volunteer to perform law enforcement for a different jurisdiction than where they are employedThe Department of Labor's Regulations 29 C.F.R. §553.103, define "same type of services" to mean similar or identical services. In general, DOL would consider the duties and other factors contained in the definitions of occupations in the Dictionary of Occupational Titles in determining whether the volunteer activities constitute the "same type of services" as the employment activities.Equally important is whether the volunteer service is closely related to the actual duties performed by or responsibilities assigned to the employee who "volunteers.""

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Asad Rahman

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J.D.

4,196 satisfied customers
I believe that I have been wrongfully demoted. The company

I believe that I have been wrongfully demoted. The company has failed to sight statistically why I was demoted. I have plenty of evidence to indicate that I have been successful. It appears to me that they have demoted me and reduced my pay by 20% so that they can save money in light of the new FLSA regulations. I have worked at the rate of 25.13 per hour for the past 14 months and they have reduced me to 20.50 the day it was mandatory for me to become hourly. I am overqualified for my position and believe that this is wrongful demotion. If I can provide stats and evidence, do I have a case here in California?

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Patrick, Esq.

Doctoral Degree

19,006 satisfied customers
We have couple of salaried employees one of them being our

We have couple of salaried employees one of them being our manager. Under FLSA law, can they just not show up for work after just sending couple of emails from outside or can they be just absent from work after working partially? It would set a very bad precedence if the manager starts doing it.

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
Because of the new FLSA overtime law for salaried employees

Because of the new FLSA overtime law for salaried employees ($913/wk, $47476/yr) that was suppose to be effective on Dec 1, 2016, my employer changed me from a salaried employee to an hourly employee. Also stated on the employment status change form, my employer noted my wage change = $20/hour, which calculates to $800/wk & $41600/yr. The form does not state my previous salary of 47257.60/yr (22.72/hr --- 908.80/wk). The reason stated on my employment status change sheet is "Employee is moving from a salary employee to an hourly, due to new regulations from the Department of Labor." The employee status change form states my current position as Accounts Payable and there was no new position. Prior to this employment status change, my employer also paid a $300/mo bonus for finishing financial statements by the 10th of each month to help cover extra hours worked ($3600/yr). My employer was also paying me a bonus to cover my 25% share of health insurance cost on each bi-weekly payroll. My employer wrote up a new job position to coincide with the change from salary to hourly. My position use to be Accounts Payable Manager, and now it is Accounts Payable. I previously was overseeing one A/P assistant (the boss's sister) --- this is no longer stated as one of my job duties --- even though the questions and decisions from her continue. In light of the recent court case, Nov 22, 2016 filed in Texas, a federal judge halted this FSLA overtime for salaried employees becoming effective on Dec 1, 2016 until the case is settled. My employment status change became effective Nov 21, 2016. What do you think? Will my boss have to re-instate my previous employee status and pay scale?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I work in Washington.JA: Has anything been filed or reported?Customer: With who?JA: Anything else you want the lawyer to know before I connect you?Customer: Nothing is filed or reported --- One question, how much will this cost? That will decide whether I ask a lawyer.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,978 satisfied customers
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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38,846 satisfied customers
I am a CPA in Georgia. I have a client who has a question

I am a CPA in Georgia. I have a client who has a question regarding FLSA that I am not sure I know the best answer to. As you probably know, the FLSA minimum for an exempt employee is going up December 1st. This client owns a Propane company and he has drivers that haul the propane. In the past he has paid commission for extra loads( instead of overtime. ) Even with the commission, none of them made over approximately 40,000. Although he never officially classified them as exempt, since they were working 50+ hours each week and not officially getting overtime, then essentially he was treating them as exempt employees. He says if he now has to pay them approximately $47,000 each that it will put him out of business. In addition to it costing him more, there will be no incentive for the extra loads so his sales will go way down as well. They will work 40 hours and go home. Is there a solution to this other than calling them exempt(which I don't think they ever really were because they didn't meet any of the exemptions) or paying them overtime. The employees feel he should still pay the commission AND now add the overtime hours to it effective Dec 1st. He wants to just change the way he pays effective December 1st and pay overtime instead of commission. Under that method , he thinks he will essentially be paying them the same thing he is now. He thinks what they are making is fair and that his only problem is that he has called it commission in the past instead of overtime.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: My question is not real estate. I just sent a question on FLSA. (Georgia)JA: Has anything been filed or reported?Customer: I think there may be a mix up. I have a question on FLSA that I just sent.JA: Anything else you want the lawyer to know before I connect you?Customer: NO.

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LawTalk

Attorney at Law

Juris Doctor

35,220 satisfied customers
I work for a large US organization based out of. My location

Hello, I work for a large US organization based out of Virginia. My location is on a US military base overseas. I'm being told that employees overseas do not have FMLA. How can this be?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: VirginiaJA: Is the employment agreement "at will," union, full time or part time?Customer: At will/ full timeJA: Anything else you want the lawyer to know before I connect you?Customer: Good for now

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RobertJDFL

Attorney

Juris Doctorate

13,502 satisfied customers
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