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Recent Hourly Wage questions

My daughter works at goodwill and they lowered her hourly

my daughter works at goodwill and they lowered her hourly wage after doing a time study, is this legalJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CA. Oceanside CAJA: Is the employment agreement "at will," union, full time or part time?Customer: At Will I believeJA: Anything else you want the lawyer to know before I connect you?Customer: Yes she is now expected to work at a rate of 43% of minimum wage.

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John

Attorney

Doctoral Degree

8,640 satisfied customers
When being compensated because my doctor says I cannot

when being compensated because my doctor says I cannot work,is my compensation check based on my wages I made when I got hurt or my current wages now? My employer laid me off because I asked to see a doctor....hence a wrongful dismissal.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,224 satisfied customers
New York City. I supervise several pre-licensed

New York City. I supervise several pre-licensed psychotherapists who work for my practice (they are required to work 3000 hours under the supervision of a licensed psychotherapist before they are able to work for themselves on their own, so I provide state mandated supervision weekly.)I pay them as fee for service. Meaning, they see patients and they get paid only when they actually see a patient and they get paid a flat fee $25 per session. Each of them see between 8 and 15 patients a week.I am switching them over from independent contractor status to employee status (after reading the difference between the two)...What benefits am I required to offer them? Sick leave? anything else? workers comp? antyhing else?ALSO... for sick leave. Let's say they call out sick when they are suppose to see two patients for the day. Had they worked that day, they would have made $50. So now if they have sick hours to use, I have to pay them $50 even though I am not getting paid by the patients. But the employee will most likely reschedule the patient to another time that week where they had an "opening"... so they are getting paid $50 to see them . They have now been paid twice for the same patient essentially. Is that kosher?

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Maverick

Doctoral Degree

7,430 satisfied customers
As a dentist, what should I do when my part time hygienist's

As a dentist, what should I do when my part time hygienist's schedule falls apart and she has no patients to see all day. I pay her $30 per hourJA: Have you documented this or discussed it with HR?Customer: I have documented this, I have no HR I am a self employed dentist. I called her early this morning2 hours ahead of her normal sign in time, to let her know she has no patients to see todayJA: Is the employment agreement "at will," union, full time or part time?Customer: This is Michigan it is an at will state, which is in the agreementJA: Anything else you want the lawyer to know before I connect you?Customer: she is a good hygienist. she is part time and does not have full time benefits

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John

Attorney

Doctoral Degree

8,640 satisfied customers
Can an employer take per diem out of an employee's base pay,

Can an employer take per diem out of an employee's base pay, then pay it back to them as non-taxable. So instead of paying them their $20/hour + per diem, they took the per diem out of the $20/hour and then paid it back to them. Therefore, the employee paid their own per diem. And this was a FEMA job!It doesn't seem fair to make an employee pay their own per diem and play it off as the non-taxable income was a great deal for them.

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Patrick, Esq.

Doctoral Degree

19,342 satisfied customers
My boyfriend filed for unemployment I Georgia after the

My boyfriend filed for unemployment I Georgia after the restaurant he worked in closed. When he reported his income he did not include his tips which is most of his income. He was approved for $95 how. Is he required to do an appeal?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Is the employment agreement "at will," union, full time or part time?Customer: at will, 30 hours a weekJA: Anything else you want the lawyer to know before I connect you?Customer: The restaurant closed in August 2015, it was purchased and the new owners opened under the same name, but different Corporation in December 2015. The new owners closed the end of November 2016. He received unemployment for about 2 months, he was rehired by new owners.

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Patrick, Esq.

Doctoral Degree

19,342 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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39,070 satisfied customers
I am a commission only employee at a salon in New Jersey,

I am a commission only employee at a salon in New Jersey, working as a Licensed Massage Therapist. Therefore I am NOT an independent contractor and I do not have any base hourly wage. I understand that if my gross earnings for the week, divided by my hours worked, results in less than the NJ minimum wage of $8.38/hour, then my employer must pay me the difference to make my gross earnings be at least the NJ minimum wage. What I am confused about is whether my gross earnings for the week are just my commission payments (as a commission-only employee) or if my gross earnings are made up of the commissions + tips. If it's the latter, then I need to report all my tips to my employer so they can make that calculation? Does my employer need to then report my tips on my weekly pay stub and on my W-2? (for the record, I do report all tips to my accountant and pay taxes on them).JA: You just pay a $5 deposit now and the rest only when you get a reply from the employment lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason. Because employment law varies from place to place, can you tell me what state this is in?Customer: Did you read my question above? It clearly says multiple times that I am in New Jersey.JA: Is the employment agreement "at will," union, full time or part time?Customer: NJ is an at will employment state. I have a contract with the salon owner, specifying the percentage of my commission. I work approximately 30-35 hours per week at the salonJA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so

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Alex Esquire

Managing Attorney

Doctoral Degree

22,646 satisfied customers
My employer is being investigated by the Federal labor board

My employer is being investigated by the Federal labor board for not paying overtime. When I was hired in, I agreed not to be paid overtime. My employer said I would make lots if Monet working 60-70 hours per week and would make an hourly wage of $23.50 . My employer says the back overtime is a lot as she has to pay the back pay , plus a fine equal to the backpay owed to me. She has asked me to give her the back pay back to her, to keep my verbal agreement with her when I first hired in. The amountvis big about $12000. She says she cannot afford to give me this money as her company will go under if I don't give her this money back? What are your thoughts and the law concerning employer asking ng for back pay money back from the employee?

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Patrick, Esq.

Doctoral Degree

19,342 satisfied customers
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