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I asked my employer about the new labor law, that goes into

I asked my employer about the new labor law, that goes into effect on December 1, 2016 for salaried workers, in regard to how it would effect my pay and hours. I was told by my employer that my salary will be the same they will just refigure the income to include all of the hours I currently work over 40, so basically, I'm not coming out ahead at all and if I don't punch out exactly at 45 hours then I will end up with a pay cut. This seems to go against the intent of the law. Is this legal?

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Patrick, Esq.

Doctoral Degree

17,850 satisfied customers
There are three companies involved. Company A has a contract

There are three companies involved. Company A has a contract to do a job for a utility company. Comapny B was hired by Company A to do the work and Company B hired Comapany C to work on the job. (A tier system) Company C is who writes the paychecks. The employees were told, before they started the job that they would be payed $300 dollars a day per diem along with their hourly wage. When employees asked when they would get their per diem they were told it was being held by Company A for 30 days. My son called Company A and Company B and they both said their is no per diem.Company C said that Company B told him that it was being held and apparently there is an email stating so. Nobody would have done this job if they knew there was no per diem. People have traveled from all over the country to do this job and nobody is getting any kind of reimbursement for travel expenses/ per diem/ living stipend or whatever you want to call it. None of the companies will answer any questions now. The job is in the state of California. Last year Company A found out that the subcontractors were stealing part of the per diem by withholding some of it from the employees and pocketing the money. They shutdown that job and told them they had to pay the employees the rest of what they were owed. Some companies got away with not paying, others did not. This job is in the state of California. He My son called the State of California about this current job but was told it was a Federal issue. We're not sure what can be done if anything. Thank you.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Has anything been filed or reported?Customer: We don't know what to file or where to report. California said it's a federal issue.JA: Anything else you want the lawyer to know before I connect you?Customer: Not yet.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

108,214 satisfied customers
I am a physician employed part-time since 2013 at an urgent

I am a physician employed part-time since 2013 at an urgent care facility in Ramsey, NJ. I am paid an hourly wage and my employer pays my malpractice fee. In August I took the month off with employer approval to care for my father who was ill. I did not receive FMLA because office has only 12 employees. I tried to return in September, but employer would not put me on schedule. He has hired 2 physician-assistants, one full time and one part-time. He has asked me to sign approval to suspend my malpractice for Sept and retroactive to August so that he can get a refund for those 2 months. He says he wants me back, will put me on in Oct, and is not firing me. However these 2 new providers are covering my positions, he has gone back on his word that he would put me back on schedule for Sept, and now wants to suspend "temporarily" my malpractice. Do I qualify for unemployment? Am I technically fired or laid off? Should I voluntarily suspend my malpractice as requested?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,102 satisfied customers
I signed an offer letter for a company and went to work.

i signed an offer letter for a company and went to work. Part of my compensation was a daily per diem of 95 dollars for days worked. The offer letter i signed states that if i quit, i will lose all unpaid compensation except hourly wages. With holding per diem if i quit was not explained to me when the offer letter was given. I assumed this was for benefits and vacation and phone allowance. Igot my paycheck today and i was not paid per diem for days worked. I am now out all the hotel costs i incurred last week. Are they required to pay this to me?

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Infolawyer

Attorney

Juris Doctor.

37,644 satisfied customers
We are a California business A Dog bording facility, my wife

We are a California business A Dog bording facility, my wife and I 50%/ 50% S CorpOur manger text my wife today a copy of a doctors note for 18 days off Sept 1-18, and nothing about returning, She also text her saying unfonantely my doctor took me off work for 18 days i'm sorry for the inconvenience.. About 2 weeks ago i went to a few temp agencys inquiring about a new manger needed, as i wasn't happy with her, she is very lazy, doesn't stay consistent with tasks, she is always complaining to my wife about her blood pressure, anxiety, headaches etc, Well just today i interview a girl from Va that is working as a GM and wanting to re locate.. I currently pay my current manager a salary 800 per week, and she works aprox 55 hr per week, .. What can or can't i do with her ? Can i let her go with out problems ? Can i move her over to a hourly wage and cut her hours ?? Her leaving like this with no phone call is basically a slap in the face, as she knows she pretty well handles everything, schedule, ordering, etc Thank you Jeff

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Asad Rahman

Attorney

J.D.

3,196 satisfied customers
I'm currently a full-time salaried employee. I've been asked

I'm currently a full-time salaried employee. I've been asked to cut back to 20 hours at an hourly wage that amounts to less than I'm currently making per hour. If I don't agree to this offer, will I be eligible for unemployment benefits in Phoenix, Arizona?

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Infolawyer

Attorney

Juris Doctor.

37,644 satisfied customers
I had a quick labor related question. my daughter works for

Good afternoon,i had a quick labor related question. my daughter works for a gal who is in the cupcake business. my daughter is primary responsible for execution of the farmers markets in a couple of different towns that are close together my daughter is required to show up at the primary location (cupcake storefront), then load her car (my car actually) with all of the equipment to set up at the farmers markets (this includes a tent/POS system/a couple of signs/5 fold out tables/50 dozen cupcakes/etc.) enough stuff that it fills a Toyota Landcruiser entire interior with the rear seats folded up. the owner of the cupcake shop owners a very small vehicle (VW Jetta) and never would be able to get the stuff to markets with her own car and she doesn't own a company vehicle, like a van or truck to transport the gear.in my eyes my daughter should be compensated for driving the equipment from the storefront to the markets. the owner essentially avoids having to buy a van, insurance, gas costs, etc. although my daughter is still paid her hourly wage it seems to me there should be a fee associated with the fact my daughter is transporting the gear for the market as well as her hourly wage.am i off base in my thinking? additionally it seems there would be liability for the owner. what if my daughter got in an accident, or took turn too sharp and destroyed ALL of the cupcakes? seems like a great deal for the owner to avoid all the charges associated with owning a company vehicle. in addition to this, my daughter doesn't even have a drivers license so i have to help her load/unload/etc. from each market.Let me know your thoughts.Thanks,Scott

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,102 satisfied customers
I have just received a third written warning from my

I have just received a third written warning from my manager. In the write up, it mentions an email from July 19th. The manager has only been an employee for 2 weeks. I believe I am being targeted to be fired by the assistant lead. I am a 64 year old woman and the assistant is a 50 year old man. Everything was fine until he was hired last October. He ask one of my coworkers to spy on the rest of us and tell him what was said about him. I said to a coworker that I thought he was incompetent. That lead to someone keying my car twice on the same day. Nothing was done. I did file a Police report. Anyway, what can I do when the company fires me?

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

47,238 satisfied customers
I work as a bartender at a local bar that is usually very

Hello,I work as a bartender at a local bar that is usually very slow. I noticed on some of my paychecks that my employer increases my reported cash tips to an amount that brings my gross pay to minimum wage. After he deducts taxes from my gross pay he deducts my reported cash tips excluding the amount he added. Is this illegal in any way? If an employer is supplementing for minimum wage can he record it as tips like this? I ask because I have discovered he is committing wage theft and not paying taxes. I've notified the IRS and labor board but I was wondering about this. Thank you so much!

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Samuel II

Attorney

Doctoral Degree

31,958 satisfied customers
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