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Recent FLSA questions

I recently accepted a position as a maintenance

I recently accepted a position as a maintenance supervisor...my salary is $41,000 annually...I am an exempt employee...I generally work 55-65 hours per week...I know the regulations are changing Dec. 1ST, and the threshold for paying overtime has risen...as of that date any hours over 40 hours per week must be paid at time and a half...I have inquired as to what the company plans to do in my situation since I work so many hours...the answer I was given is that they aren't going to give me 8-9000 more annually to bring me above the threshold...they have said they probably won't pay the overtime...I have inquired about perhaps taking lesser pay and being paid overtime...my reviews are great and I left a better paying job because this was a dayshift job with better benefits...but I have done and do very little of what I was hired to do and what my job description entails...my manager also told me they might just roll me to a maintenance technician position at $3 less per hour...and hire another maintenance supervisor at less pay and exempt...something seems fundamentally wrong about this...this is a large private company who has had issues in the past of lawsuits where they required workers to put their fear on and take it off and give incoming shifts information off the clock...so I think the die has been cast...what are my rights and is this actionable?

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Marsha411JD

Doctoral Degree

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I would like assistants in determining if our employee is

i would like assistants in determining if our employee is exempt of non exempt.she is a Physician Assistant that is salaried "professional learned science" and works 37 hours a week to see patients.i need to find a lawyer to help me work thru this exempt vs non exempt so that i may understand how best to treat her, if she needs to make up days etc.Exempt or non exempt, that is the question?We are a medical office, and we would like to ensure that we are one the correct side of the law when it comes to our medical providers.There are several situations I will describe. Post reading them I would love to see about getting a formal letter stating which direction we should go with our medical providers.a) Mid Levels (Physician Assistants/Nurse Practitioners)They are contracted to work 37 hours a week. The providers are scheduled 3 ten hour shifts during the weeks and one 7 hour shift on the weekends. (The do get a 30 min lunch each shift)So in reality their patient hours are 35 hours…as we say a 10-8 shift (with a 30 min lunch) total hours they are at the office is 10 so we pay them straight thru.(This raises another side question: Since we pay them salary, but often break it down into hourly, to figure out somethings, when I break it down to hourly, would I do Salary/52 (weeks per year)/37 (hours a week they worked) = hourly pay OR would I do Salary/52/35 (cause that is actually “worked” hours a week?... )Back to point.Where we struggle.Snow days, training, working extra in the same week beyond 40 hours.One subject at a time:Snow days: We have an office policy that is in our employee handbook, that states, in the event of inclement weather and the practice is forced to close (management choice to close), then the providers are asked to make up another day for those hours missed working.The way the company sees it, is that we contracted the mid levels to work 37 hours a week, if they cannot work due to snow on Wednesday and we loss those 10 hours of patient care, we ask that they make up those hours on another day in the next two weeks.Is this something that is ok to do or not?I know it is based on if they are exempted or not, and that is why we are seeking legal advice.Working extra in a week:This is a two fold question:A) What if we design a providers schedule to be 41 hours one week and 33 hours the following week for a total of 74 hours every pay period.As you can see the provider could be possible viewed as working overtime in one week by an our if she is not exempted.However, if the provider is exempted then this would not be a problem.So can a provider wish to work this schedule and can the company allow it without having to deal with over time issues?B) If we have inclement weather, and ask our providers to make up the time, if they are working a 37 hour work week, if they make up another day of 10 hours, you can see that would place them into over time IF they were non exempt.We simple want to ensure that we are following the letter of the law to ensure that we are treating our employees according to state law.Training:We deal with machinery, such as lasers, that require advance training. This training we have done on and off patient hours… meaning, we have blocked patient hours to due training, and we have also schedule training on staff day off.Training helps the staff be better at their jobs to perform better care.IF we require staff to come in for training, does that also count as hours towards “working”Cause I read things like this… and then I get confused.Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities must be counted as work time unless all four of the followingcriteria are met: (1) it occurs outside normal scheduled hours of work; (2) it is completely voluntary; (3) it is not job-related (unless the employee attends an independent school or college on his/her own initiative outside work hours); and, (4) no other work is performed during the period.Making time up:If that provider wishes to take an hour earlier off, then we can require that provider to work an additional hour on another day.Our mid levels work an average of 37 hours a week in a 4 day time span, 35 hours seeing patients, and 30 mins daily for a break, which the company still pays them for.They are salaried yearly and we get paid 24 checks a year (1st and 15th ).They also get 3 weeks vacation, and other perks.Why we think our Providers are exempt: (Please correct us if we are wrong)Learned professionalsEmployees, including PAs, are considered “learned professionals” w

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Infolawyer

Attorney

Juris Doctor.

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Please provide the statutory section which defines a

Please provide the statutory section which defines a "employer" under the FLSAJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Under Federal law that all I am looking for right now.JA: Have you talked to a lawyer yet?Customer: I have asked this question and gotten a response from Dwayne B from Just AnswersJA: Anything else you think the lawyer should know?Customer: I already sent in a detailed question he asked me if he could just supply the statutory reference in the Federal Labor Standards ActJA: Sorry about that. I must have missed it. Could you tell me again?Customer: No I want to speak with A lawyer-- I thought you were his assistant.

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Dwayne B.

Juris Doctor

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34,800 satisfied customers
I started a salaried position ,000 a year, fall to winter

I started a salaried position for 52,000 a year, fall to winter 30-35 hours expected, spring-summer 45-50 hours expected in the pest control field. I have never worked under 50 hours a week, last week was 7 days of work, 72 hours total. Am i entitled to overtime pay? The company says they do not give comp time for hours worked over 50 to take as days off and I will not get paid anything over my salary. I currently have one week vacation that can only be taken during the winter months. What can I currently do to not get fired but not work 60-70 hours a week. I feel I am being taken advantage of. I did not sign any paperwork when my job switched from hourly to salary. Is this even legal?

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Lucy, Esq.

Juris Doctor

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29,530 satisfied customers
We own a pre-k to first grade and we need clarification on

We own a pre-k to first grade and we need clarification on the newly enacted overtime law. If our exempt teachers and administrative employees come in after school hours for a staff meeting, training or "house keeping" ,once a month for one hour, would they qualify for "overtime pay" under the new OT rules. Also, the same on clarification if they come in for an event on weekends, do the extra hours qualify them for overtime?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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17,632 satisfied customers
We had an employee who had some sort of a rage issue and

We had an employee who had some sort of a rage issue and locked other users from the company CRM, caused an email war on the topic, then resigned. The day after he resigned, he logged into the company CRM and stole over $2.5 million worth of customer lists, active transactions, and confidential financial information. Then, he filed a falsified reason for separation with the unemployment office. Then he filed a civil suit against the company for FLSA back wages.Prior to learning of any civil suit, the company began the process to file criminal charges for the theft in accordance with state law as well as a civil suit for damages. The plaintiff's attorney in this civil suit says that he will file additional charges for retaliation against the company if we pursue the criminal and legal charges of theft.The theft is not related to any claim of owed wages.The question is this: Does anti-retaliatory protection protect an ex-employee from a criminal act?

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Patrick, Esq.

Doctoral Degree

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17,152 satisfied customers
I am a Registered Nurse in the state of Pennsylvania. I work

I am a Registered Nurse in the state of Pennsylvania. I work on a very busy and fast paced med-surg floor. It kind of remind me of a factory the way we ship patients in then ship them out. Hospitalists, medical specialists, case managers, social workers, etc., continuously count on us to provide pertinent information about the patient or information from a specialty doctor's orders that the other specialty doctor may want to know. We are the liaisons, advocates, and most sought out providers regarding the individual patient's condition. The organization I work for owns several hospitals and I have worked in two of them. At old hospital, we could come in as early as we wanted to see the floor plan and do research o our patients before we clocked in. The hospital I work at now does not allow you to see patient information until you are clocked in and you may not clock in early obviously. I am diagnosed with ADHD and have to write down everything or I will forget it within minutes. This is especially hard since I am the center person to coordinate discharge plans and care plans. As soon as the shift officially starts its a mad house and you rushing to get assessments in, meds administered, Iv lines started, etc. Unfortunately, if a patient is discharged by the doctor but perhaps should not have been for health status reason, the RN is ultimately the one under hot water because they are the last to discharge to patient. It puts a great deal of strain on nurses that are always rushed to quickly complete discharges to fill the bed space with a new admission.Things are missed when relaying and updating outside specialty doctors that avoid our computer system because it is not the same they may use in their practice. My work flow and patient care is greatly increased when I can take a moment and really look through the medical record. Is there a law, perhaps HIPPA, that prevents seeing my patients information before I clock in even though I know the floor plan and who I will have? I don;t think there is an organization policy on it because my previous hospital, under the same company, was very by the book and did not care if we arrived early by our free will. If you're not able, then could I disclose my learning disability that would allow me more time?

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Dwayne B.

Juris Doctor

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34,800 satisfied customers
I am a salaried employee and is considered exempt qualified

I am a salaried employee and is considered exempt qualified for comp time according to the personnel manual and I am being denied by the executive director who has support from the president of the organization. They are in violation and have charged my vacation. They caused my work environment to be quite stressful. How do i proceed in filing a claim?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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105,346 satisfied customers
I'm a Texas employer in the Software consulting

I'm a Texas employer in the Software consulting industry. In our industry, 3 types of jobs are offered to consultants working 40 hours/week - full time with benefits, W2-contract and 1099. The W2 contract employment means consultants are hired for 40 hours/week for say 3 months, and paid an hourly compensation without benefits. The employer withholds all payroll taxes for them. This is preferred by consultants over 1099 as they do not have to do complex tax filings on their own. I'd like to confirm that the W2-contract arrangement is legal.

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