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Recent Mandatory Overtime questions

I work as a nursing assistant. They keep putting the

I work as a nursing assistant. They keep putting the schedule out with a alot of holes in the schedule. Making us work short. Is it illegal for the nursing home to put out a schedule with holes in them. Also then if someone calls off they mandate us, which is fine but I was told that if someone volunteers before somwone calls off and they volunteer for a hole that the person volunteering automatically gets put to the call off then because them putting out holes in the scedule isnt considered an emergency. Also with how short staffed we are they are still excepting new admits when they dont have enough workers to even fill out thier schedule. Other days is worse than others. For example, 11 to 7 am is supposed to have 3 on level 1. 2 on level two and 1 on level 3. They had me qorking by myself and level 1 qorking with two. They had filled the shift, because someone ended up just staying over to get overtimeBut in my opinion they shouldnt be accepting new admits whenever we are so low on staffing and I just kind of want to know wether or not they are allowed to do that or not.

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John

Attorney

Doctoral Degree

9,278 satisfied customers
If an employer demands mandatory overtime, what is the

If an employer demands mandatory overtime, what is the minimum amount of time they have to give you. Example, if I work 40 hrs a week and it is Tuesday and they say we have to work Saturday even though I have had plans to go out of town, what is my recourse.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: NevadaJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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John

Attorney

Doctoral Degree

9,278 satisfied customers
L am fighting with my employer who discontinued by

Hi. l am fighting with my employer who discontinued by reasonable accommodation against my Doctor order and my wish.I wrote the following statement to my employer but English is my second language. so can you correct the language and the grammar please. thanks.To - Vets home.From - TadThis accommodation will help me not to work 16 hours mandatory overtime which will help me to prevent or minimize the worsening of the sever health issue l am dealing with. This accommodation will help me to minimize or prevent another episode at work since the first one happened at work or minimize overworked related stress, to recuperate from stress and sickness easily. The accommodation will also help me to alleviate fear of having another episode or death due to overworked stress since even if l am not working 16 hours l still experience similar sign and symptoms occasionally during extreme stressful event for which l have to take as needed medication or see ER Doctor.It is not about refusal or insubordination to do the essential mandatory duties but it is about inability to do the job due to extreme health issue. It is appropriate or acceptable to expect the staff who has serious health issue to function the same as healthy staff. In unit 17 contract book, it says no state employee should be denied the reasonable accommodation.My question is that who is going to get accommodation if l am not the one should get accommodation? When am l going to get accommodation if l don't get it at this critical time? When l die?Even if l cannot work 16 hours a day, I am working 8 hours a day on my day off also when needed as a mandatory to compensate and l will continue doing that.Regarding the letter everybody received from Sacramento, it says “effective immediately all accommodation is discontinued.”This letter doesn't even give not only time frame for us to consult with our Doctor, immediate supervisor or the union representative but also instruction to screen out who really need the accommodation and who don't.l started working as a CNA here at the home 18 years ago and l used to work two jobs 16 hours a day without any problem. Now giving my age and the sever health issue l am dealing with, one job eight hours a day is more than enough for me to work without getting tired easily. In addition to this everybody work hard not just at work place but also at home. l have two little kids, an elder mother to take care of, beside taking care of my own health. I am dealing not only with the disease l have but also with the side effect of the medications l am taking. This is the least accommodation l can ask.Thank you for your understanding and help.

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RobertJDFL

Attorney

Juris Doctorate

14,620 satisfied customers
I am a CPA in Georgia. I have a client who has a question

I am a CPA in Georgia. I have a client who has a question regarding FLSA that I am not sure I know the best answer to. As you probably know, the FLSA minimum for an exempt employee is going up December 1st. This client owns a Propane company and he has drivers that haul the propane. In the past he has paid commission for extra loads( instead of overtime. ) Even with the commission, none of them made over approximately 40,000. Although he never officially classified them as exempt, since they were working 50+ hours each week and not officially getting overtime, then essentially he was treating them as exempt employees. He says if he now has to pay them approximately $47,000 each that it will put him out of business. In addition to it costing him more, there will be no incentive for the extra loads so his sales will go way down as well. They will work 40 hours and go home. Is there a solution to this other than calling them exempt(which I don't think they ever really were because they didn't meet any of the exemptions) or paying them overtime. The employees feel he should still pay the commission AND now add the overtime hours to it effective Dec 1st. He wants to just change the way he pays effective December 1st and pay overtime instead of commission. Under that method , he thinks he will essentially be paying them the same thing he is now. He thinks what they are making is fair and that his only problem is that he has called it commission in the past instead of overtime.JA: Because real estate law varies from place to place, can you tell me what state this is in?Customer: My question is not real estate. I just sent a question on FLSA. (Georgia)JA: Has anything been filed or reported?Customer: I think there may be a mix up. I have a question on FLSA that I just sent.JA: Anything else you want the lawyer to know before I connect you?Customer: NO.

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LawTalk

Attorney at Law

Juris Doctor

37,114 satisfied customers
Prior to the new FSLA rulings, I was a "salaried" employee.

Prior to the new FSLA rulings, I was a "salaried" employee. Beginning Monday, November 14, 2016, I will be an hourly employee.JA: Have you documented this or discussed it with HR?Customer: My question is can my employer lower my previous base salary, and add mandatory overtime to bring my "salary" back up to what it was?JA: Is the employment agreement "at will," union, full time or part time?Customer: non-union full timeJA: Anything else you want the lawyer to know before I connect you?Customer: Not sure what they may need to know

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Lucy, Esq.

Juris Doctor

33,546 satisfied customers
Can a corporation close out and deny time off daily if they

Can a corporation close out and deny time off daily if they are a cost center in Nebraska?JA: Is the employment agreement "at will," union, full time or part time?Customer: full time and part timeJA: Anything else you want the lawyer to know before I connect you?Customer: Does a Nebraska corporation have to pay accrued PAID TIME OFF when a person is termed?

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Ely

Counselor at Law

Juris Doctor

69,102 satisfied customers
Can the employer make you use vaction time on a requested

can the employer make you use vaction time on a requested time off , if the company is on overtime

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,668 satisfied customers
At my current job- "keeping employees" is a problem. They

at my current job- "keeping employees" is a problem. They are short staffed and people are being "forced" to work mandatory overtime. If this was every "once in a while; tht'd be one thing.... but 3 days straight- they (the employer) had to manitory the whole day shift... about 30 people. Just last week, I was forced to work 21 straight hours and was expected to return the next morning for my sift.This may sound petty; but is there anything that can be done?Staff are tired and people can't keep this up indefinably! We've been being told... it'll get better... it just needs time. It's been this way for bot 3 monthyour advise would be appreciated.Thank you,Marcy

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ScottyMacEsq

Doctoral Degree

24,222 satisfied customers
Each pay period 3.5 hrs. is put towards our PTO and 1.5 hrs.

Each pay period 3.5 hrs. is put towards our PTO and 1.5 hrs. towards our UTO. Is it legal for employer to make it mandatory that we have to use either our PTO or UTO if we do not want to work a mandatory overtime? Even if we call out they said they will use it. UTO I can understand but not the PTO.

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Loren

Juris Doctor

43,582 satisfied customers
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