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Recent FLSA questions

Settlement reached in fmla wrongful termination, deposition

settlement reached in fmla wrongful termination, deposition given fmla violation was disregarded rather my past rcords were uses to justify reasons for my termination excessive absenteeism which was due to my taking leave last year my question here is what can be pursued if anythingJA: Have you documented this or discussed it with HR?Customer: hr did the termination matter is considered settledJA: Is the employment agreement "at will," union, full time or part time?Customer: union agreement, company cherry picked part of fmla mainly employer call in policy not the part where the flsa overlaps. See we worked seasonally 9hrs; 10hrs daily oveertime in addition to two mandatory saturdays per month yet none of these overtime hours are included in the calculation of emplyees fmla allotment 5 days per week 8hrs a day is the definition of employees usual work weekJA: Anything else you want the lawyer to know before I connect you?Customer: Bassically this is it

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,230 satisfied customers
We are a NJ employer. We have employees who drive our trucks

We are a NJ employer. We have employees who drive our trucks and make deliveries. Is it legal under DOL regulations to pay the driver a specific amount per trip. For example, driver goes from our company in NJ into NYC, makes the delivery and then returns back to NJ. Can we pay them a trip rate of $300.00 per trip?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,920 satisfied customers
We are required to clock out for our 30 minute lunch break

We are required to clock out for our 30 minute lunch break but are not allowed to leave the building in case we are needed during the 30 minute break. Should we have to punch out or should we legally be getting paid because we have to be accessible during the break? They also say that its ok to punch out for a total 30 minutes even if we have to split up the 30 minutes into 3 ten minute breaks. We live in Michigan but is this legal?JA: Has anything been filed or reported?Customer: no, we want to know if this is legal or not? It sounds like we shouldn't have to punch out because we have to be accessible and can not leave. We are wondering if they have to pay us for the 30 minute break because we really can not do whatever we want when punched out.JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so.

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Loren

Juris Doctor

45,972 satisfied customers
If an employee is owes a debt to a company, and gives

If an employee is owes a debt to a company, and gives consent to withhold payment on a final check, do you still need to pay them minimum wage? This is for Arizona.

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John

Attorney

Doctoral Degree

9,666 satisfied customers
In January of this year we demoted an employee from manager

In January of this year we demoted an employee from manager to stylist. In demoting the employee we made it clear that her hourly rate of pay woud drop as well. In conducting an audit this month we found that our accountant inadvertently did NOT make the change to the pay rate. This means that the demoted employee has been over paid since the beginning of the year. Are we able to recoup the overpayment? Certainly if we had underpaid the employee we would make the correction.

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RobertJDFL

Attorney

Juris Doctorate

15,296 satisfied customers
I have an employee that has comeback from pregnancy leave.

i have an employee that has comeback from pregnancy leave. this was a salaried employee. she had used up all her sick days and vacation time. When she came back to wok she work 43 hrs out of the 80 that would be expected. i paid her at her hourly rate for the hrs she worked. she claims she should have been paid her full salary because i can not change her wages retroactively abd she should have received her full pay checkJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ncJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

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John

Attorney

Doctoral Degree

9,666 satisfied customers
Is it allowable in Nevada to use a salaried employees

Is it allowable in Nevada to use a salaried employees accrued PTO when the employee leaves after a part shift?JA: Is the employment agreement "at will," union, full time or part time?Customer: full time at willJA: Anything else you want the lawyer to know before I connect you?Customer: no

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John

Attorney

Doctoral Degree

9,666 satisfied customers
I own a mobile diagnostic service company. We get reimbursed

I own a mobile diagnostic service company. We get reimbursed per test. If an employee does not show up to work can I deduct the diagnostic test cost missed that day from employee. This would be mentioned in policy and procedure manual

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RobertJDFL

Attorney

Juris Doctorate

15,296 satisfied customers
I have a question on employment law, texas, no, no

I have a question on employment lawJA: What state are you in? It matters because laws vary by location.Customer: texasJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: no

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RobertJDFL

Attorney

Juris Doctorate

15,296 satisfied customers
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