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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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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

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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

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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

18,502 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

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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

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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.

38,294 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.

3,852 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.

38,294 satisfied customers
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