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Recent FLSA 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
I work for a large company that have several plants in North

I work for a large company that have several plants in North America at my plant we have 70 some employees.The problem I've got is on March 31st we had worked on a broken piece of equipment for 10 hrs had it going by the time are shift ended but around 7pm it broke again, we was called out to fix it. Took us till around 4:30 am to get up and going I got home around 5am that's when my normal shift starts, being tired as I was I slept the day way un able to go into work for my normal shift.The issues I have is how many hours one can work in a 24 hour period for we had worked some 18 hrs plus having 2 to 2 1/2 hour commute2; when I received my pay check it was only 27 dollars more than a normal 80 hour pay check, yes overtime was paid at time and a half but no compensation for the day I had to sleep causing me to be in able to work my normal shift. So I brought this up with our new supervisor he said he would look into it after two weeks I asked him again two more weeks of hearing nothing I decided to wait until they called me out again mid August I got a call from the on call supervisor to see if I would come out and fix a broken piece of eguipment, I told him that I had some issue that needs to be resolved before I could and explained thee above to him he said I don't blame you, note he is a low level on call sup. Then a week later the plant manger calls me says we have a belt ripped in half would you be interested in going out, I said I would love to but have some issues that need to be resolved he say guess your not interested and hung up on me the next week I was called of my job by my supervisor and told I need to get my lunch and clock out then he would take me to the conference room to meet with plant manger and HR, I said there firing me he said he did not know what was going to happen so I did as he said and we went to conference room, my plant manger told me I was being demoted to a level two maintenance that my schedule would change to an 8 hour 5 days a week and I would be unable to work any overtime or call outs (other than the cut in pay sounds good to me, before I felt abused on call outs being on most of them) so any way he says if you agree to this you'll sign this document which will go on your file I tried to question him, he was not willing to discuss said I could talk to HR if I had any questions so I did talk with him but really get no where with him. So is this a form of discrimination? and what should be done about it? I'm not the only one with this type of problem where I work though I will speak my mind I do this company a good job and so do the guys I work with but being the one how speaks out I fill they have demoted me for no good reason, I'll add I've worked for them for 22 years this plant manger has been with us for around 8 years and we have had many other issues with him also, Help!

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,068 satisfied customers
Are local truck drivers in Florida exempt from overtime?

Hi, are local truck drivers in Florida exempt from overtime? Interstate truck drivers are exempt from overtime under the FLSA I believe.JA: What state is this in? And how old is the truck?Customer: Florida. I don't know how old the truck is.JA: Is the employment agreement "at will," union, full time or part time?Customer: At will I guess as there is no contract and it is full time. My husband works for a food distributor making local deliveries and they want to make him salaried without overtime after 40 hours. They say it is interstate so 50 hours a week and no overtime.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Patrick, Esq.

Doctoral Degree

17,800 satisfied customers
I have an employee who is classified as exempt now for

I have an employee who is classified as exempt now for working in computer related profession. They do qualify for the exemption as their primary duties do include design, talking with end users, determining needs, etc... The new FLSA salary requirement, my employer is not wanting to increase salary though the job they meet the job requirement qualifier. They just want to change the classification to non-exempt. They indicate that the salary qualifier is the first and primary qualifier. If they fail on that count then the classification must be changed. My understanding is that the first qualifier should be the job description.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,068 satisfied customers
I'm a nurse who gets paid hourly and usually works 37.5

I'm a nurse who gets paid hourly and usually works 37.5 hours a week. For the next month I'm scheduled to work 47.5 a week and my employer is telling me the I make too much money to get the overtime hours on a nonweekend shift. So, he is telling me that he is going to cut my hourly rate by $0.63 and not pay time and a half for the hours over 40 . . . He calls this a "negotiated rate". The companies policy is not readily available and I'm heavily reluctant to call the corporate office to see if he can do this as there's no doubt they will ask my name, which office I work for, and call my employer to address my concerns which this will predictably turn into retaliation in the form of my OT being cut, more hours being cut, becoming very uncomfortable to work there, or fired.I think it's illegal to not get the OT pay or to have my pay rate cut, but I don't know what steps I should make in order to keep my employment safe while not having my pay stolen from me.Please advise.

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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
I am a salaried worker in Ohio for a small business. I do

Hello,I am a salaried worker in Ohio for a small business. I do administrative work and Deliveries for our company Monday through Friday. Not always 40 hours as I get off early most days when I have completed my route. I was wondering under the new federal labor law if I am supposed to be getting the minimum of $913 a week starting this December first. Any help would be appreciated. Thank you

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Marsha411JD

Doctoral Degree

18,946 satisfied customers
Have worked fourteen years for firm. averaged fourty hours

have worked fourteen years for firm. averaged fourty hours per week. no sick leave, no personal days. still classified as part time. is this legal?

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Ely

Counselor at Law

Juris Doctor

64,422 satisfied customers
I was employed in NJ. My employer is withholding funds from

I was employed in NJ. My employer is withholding funds from my final paycheck they say were incurred as part of a cancelled relocation process. They have not provided any documentation in support of one funds despite numerous requests. Some expenses were also not disclosed by their relocation policy nor when asked directly. Are they able to do this, and what recourse do I have? Total amount is over $3k

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,056 satisfied customers
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