Join the 9 million people who found a smarter way to get Expert help

Recent Handbook questions

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

Read more

Infolawyer

Attorney

Juris Doctor.

star-full
36,928 satisfied customers
I was told Friday that I was to be placed on involuntary

I was told Friday that I was to be placed on involuntary suspension beginning Monday July 18. I have not received anything in writing as to what/ why or length of time suspended. Have not spoke with HR. My clinic manager did state there were questions surrounding my board order. I am a nurse. I have a board order . I have worked for this company 18 mos and transferred from another clinic 45 days ago to take a charge nurse position at this clinic . I was actually replacing another nurse who had same board order as me. Not sure why it's a question now. My manager misstated herself initially telling HR there were times I was alone that response got me suspended however after she thought about it she was reminded that I'm always with 2 nd shift nurse or the CM is in the building. Bot***** *****ne I have not been alone and I have met all criteria of my board order. I have also been told from regional director that I will be paid during this time. I have not received any handbook or company policy on this. Shouldn't there be something in writing. What are my options

Read more

Patrick, Esq.

Doctoral Degree

star-full
17,112 satisfied customers
I was terminated 7/18/16 after 10 plus years. my employer

I was terminated 7/18/16 after 10 plus years. my employer gave me a separation agreement to sign and I need to know whether it is in my best interest to sign it or not

Read more

John

Attorney

Doctoral Degree

star-full
7,374 satisfied customers
I was terminated from my job. the stray cat's in the parking

I was terminated from my job. for feeding the stray cat's in the parking lot where I worked & I was off the clock.. after I was fired they then said it was against company policy. I had no info on this policy & other employees did not either. I was told by a manger it wasn't a good ideal o to that. the cats are even inside the building. now if I was on the clock & knew it was a policy & done it then I would understand

Read more

Dwayne B.

Juris Doctor

star-full
34,726 satisfied customers
Recently terminated without company following process. Also

Recently terminated without company following process. Also written up a year ago and was not given the opportunity to respond. The form used was only used for me as other employees had a section for employee response. Have talked with other male employees who had been terminated and won eeoc findings. Tryin to find out what those settlements where about so I can approach a lawyer with all the facts.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: I live in Arizona. Company in PA. A large number of law suits out of texas.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: ArizonaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: probably a lot of things but trying to get too a starting point

Read more

Marsha411JD

Doctoral Degree

star-full
18,644 satisfied customers
I am trying to retire and I have asked pay of about $6000 to

I am trying to retire and I have asked for severance pay of about $6000 to help me pay my medical insurance until I am 65. I was told by the Human resource dept that the only way I could get it was that my position would have to be terminated??? Have you ever heard of this I can't find that anywhere on line that states that nor is it in our employee handbook

Read more

Marsha411JD

Doctoral Degree

star-full
18,644 satisfied customers
Is it illegal to hold two full-time jobs simultaneously? WV,

Is it illegal to hold two full-time jobs simultaneously?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WVJA: Have you talked to a lawyer yet?Customer: I have a meeting soon...JA: Anything else you think the lawyer should know?Customer: Some of the responsibilities overlap between jobs so I'm actually completing tasks for each entity simultaneously

Read more

Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

star-full
17,630 satisfied customers
I was forced to resign from a part-time circulation desk

I was forced to resign from a part-time circulation desk public library job because a new director took over and did not like me. She lied to the head trustee, who was the only Board member present at the final meeting. I had made a complaint to a Board member about the director's increasing bullying and hostility, and the result was me getting thrown under the bus. I believe I had a right to complain. There is nothing in the handbook about not speaking to a trustee.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: New York - at will employmentJA: Have you talked to a lawyer yet?Customer: No But I documented everything and it was witnessed by other staff. Everyone is so afraid of this woman, no one will speak up.JA: Anything else you think the lawyer should know?Customer: I am 66 years old and had been working there for 3 years. The director who hired me (she retired) was shocked (we keep in touch) at the lies this woman told.

Read more

Delta-Lawyer

Doctoral Degree

star-full
6,072 satisfied customers
I need some information on unemployment. My wife and I are

I need some information on unemployment. My wife and I are partners in an LLC and the LLC makes payments to the IRS every month in the amount of $472 as well as quarterly payments to the State of Colorado. I want to know if I qualify for unemployment payments and how I can get started.

Read more

Marsha411JD

Doctoral Degree

star-full
18,644 satisfied customers
View more employment law questions
In The News