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Dear Staff Member, Thank you my question. I have a question

Dear Staff Member,Thank you for taking my question. I have a question about hiring a domestic employee in the State of Maryland. My question is only about the labor law and not the associated tax aspects.The employee is not a minor and is over 21 years old.For a full-time employee, the employee is entitled for overtime (@ a 1.5 rate) if the employee works over 40 hours in a single week. However, does Maryland also apply overtime on a daily basis? For example, what if the employee is part-time and works 15 hours on Friday and another 15 hours on Saturday?Does Maryland impose a limited amount of hours that the employee can work per day? If Maryland does not stipulate any limitation, what is the acceptable/ reasonable practice?Non-paid Breaks. Does Maryland require the employer to provide breaks for the employee? If yes, how does it go? For example, a 15-minute break for every 4 hours of work, or 30-minute break for 8 hours of work? If Maryland does not stipulate this requirement, what is the acceptable/ reasonable practice?Does an employer need to acquire worker's compensation for a domestic employee?Could you please advise?

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Delta-Lawyer

Doctoral Degree

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I am an employer of a small local cleaning company. I have

I am an employer of a small local cleaning company. I have experienced considerable difficulty with staff this year and want to know where I stand. I ask that my staff sign my own company terms and conditions under which they are not allowed to try and "poach" my customers and must give me two weeks notice. I have put a clause in this stating that should they not give me any notice (which the usually don't and it leaves me with a mess of customers to organize) that I will charge them an inconvenience fee of $100. Am I at liberty to do this?Also I was advised that if they leave like that I am within the law to reduce the last check to minimum wages - is this correct?

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Delta-Lawyer

Doctoral Degree

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if an employee was scheduled to go in and we replaced

if an employee was scheduled to go in for surgery and we replaced him but now his surgery is rescheduled for July 1st of this year, do I have to offer him his old position back and salary if we had an arrangement that his position would not be available? I want to offer him part to full time work at a slightly less hourly equivalent to his old Head chef salary.

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Patrick, Esq.

Doctoral Degree

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On call compensation, This is in my employee hand book, In

On call compensation, This is in my employee hand book, In some instances a non - exempt employee may be selected for on call duty.This is an employee who is designated to be available during off-duty hours to perform emergency services for Sunbelt customers. Pay for these duties will be based on whether or not the employee is required to fundamentally alter their normal home-life routines. Minimum hours for on call compensation may vary from location to location but will count toward compensable overtime as appropriate. To date I have not been payed to be on call I am expected to stay home once a month and with no pay.

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wallstreetfighter

Attorney

Doctoral Degree

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I am a professional firefighter on a 24 day work cycle. My

I am a professional firefighter on a 24 day work cycle. My employer paid me for overtime at 1 1/2 x from 4/2011 to 1/2013 based on my hourly wage excluding my incentives. It was negotiated between my union and employer in April of 2011 to reduce costs during the recession. We now know that it was a violation of FLSA and a lawsuit was filed in January of this year. My employer and union agreed the practice was wrong and fixed it. They began calculating correctly in Jan of this year.Now the hard part.In a settlement agreement between my union and employer they are in agreement to pay my back wages to make me whole. BUT they state that they are going to withhold about half of the money owed ($16,000) due to offsets . I worked over 4000 hours in overtime during that 33 month period. They explained that offsets were allowed under the law because I was paid 1 1/2 x even if I took time off and therefore did not meet the minimum hours worked to be paid FLSA . Take a day of vacation, work a day of overtime, you get straight time not 1 1/2 x. That's the law they say.I don't disagree with that. They are meeting their obligation according to the FLSA law.Since 2004 I have had a contract that states,overtime pay- Section A .All hours worked which are not during the employee's regularly scheduled hours SHALL be paid at 1.5 times the employee's normal rate of pay.Section B .For the purposes of Fair Labor Standards Act (FLSA), compensable hours WILL be considered work hours.That is the background, this is my question.In this case, my contract provides me more than the law, doesn't my employer need to honor my contract? or can they fall back on the law and pay only what the FLSA law states they must?Side note , since 2004 up to and including today, I receive about $200 per month in FLSA pay and 1 1/2 x on all overtime regardless of wether or not I take time off. They are choosing to violate my contract and pay the minimum allowed by law only for the 33 months that they were breaking the law to avoid paying more.

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John

Attorney

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I am full time employee and had insurance and 401(k) benefits

I am full time employee and had insurance and 401(k) benefits also. Today I was told by our GM that they are terminating full time positions and all benefits because we are not making full time hours and transfering us to part time employees according to the law even though we are available to work. Nobody was paying attention to it before and suddenly they do as they relay on Obamacare law. What's the legal stand point of it?

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Tina

Attorney and Counselor at Law, Mediator

Doctoral Degree

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is there a law that will protect an employee who has worked

is there a law that will protect an employee who has worked a 12 hour shift(7pm to 7am) then has to take call starting 3 hrs after going home. very unsafe practice being forced onto us by manager.

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ScottyMacEsq

Doctoral Degree

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The state offices were closed from Friday February 7 through

The state offices were closed from Friday February 7 through Monday February 10. The contact information given us on the emails on Thursday the 6th before closure were to call the weather line and we would be told if the office were open or not. We were also given an alternative method of computer access web site to verify. Many of us do not have or could not get to computer access because of the storm that closed the office. I live in Vernonia and even the Library was closed on Monday. None the less, I called the emergency line and the only message of closure was the Friday date. I came to work as did several other people the morning of Monday the 10th. Not many but enough to be a PDX area issue. They are saying that because the office was closed they are not paying us for the time we were here. We believe that because we were not notified on the phone line which has been the practice for at least the past 7 years that I have been here and perhaps longer, and we did not have access to the computer notice sent on the work computer line that clerical personnel do not have access to in any case, that we should minimally be paid for the time we were here. We are also curious about the possibility that they would have to pay us for a set number of hours (ie 4) because we were not adequately notified of the closure.

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John

Attorney

Doctoral Degree

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My husband works for an International Company for the last

My husband works for an International Company for the last 40 years with a break in between of about 10 years.Company is downsizing and he is the most senior employee (years working and age) in a managerial position with 2 employees under him. 2 out of 3 positions are being eliminated.His Supervisors advised him in OCT 2012 that he will stay on and in May was told that his job will be terminated (this after telling him that he is not a good manager). We know that one of his supervisors has a personal favor to repay to one of his current employee and we believe felt threatened if she were to terminate her and therefore decided my husband would be the one. Since the beginning of the year, my husband has been berated almost on a daily basis by his immediate supervisor and the other not getting involved.My husband blew the whistle on his employees for poor job performance, using the job place for personal gain and shorting the company in minimum hours required of them.This has caused his supervisor to berate him even more. We are sure she is not aware that we know of the personal favor she has to return to the other employee.In addition, the supervisor has told my husband that she neither needs to or has the desire to read and understand US Labor Laws as they don't pertain to her. This was in answer to my husband discussing overtime pay or time-off for himself and his employees.There is so much more to this story and many documented conversations.My husband sent a letter to the President and 3 Vice-Presidents of the company bringing the entire situation to their attention and has not received so much as an acknowledgement or "we'll get back to you".He is owed years of vacation pay which his supervisor has not taken into account when updating employee records. There is no Employee handbook and since he was re-hired in 1996 he misplaced a copy of his employment agreement. When he asked his supervisor for a copy in the beginning of the year, she responded via e-mail, "its's your agreement and you should have your own copy". There is so much more.Does he have any recourse if they terminate him with a 2 week advance notice? It seems to be the standard clause in the employment agreement of other US employees.Thank you,Barbara

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Dimitry K., Esq.

Attorney at Law

Doctoral Degree

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