Second opinion] I have been working at a real estate firm
Second opinion] I have been working at a real estate firm for about 2 years verifying applications and occasionally working with the lawyers on case specifics. I make a salary for a 40 hour work week and have never been paid overtime. I recently had to stay very late a few days in a row with my managers to complete a state audit. In total, it was about 42 hours of work in 4 days. More if you include my superiors anticipating extra work in the coming week making me come in on Sunday to try and complete as much as we could.This was a document that I could not complete myself, and work from the necessary parties lagged behind its due date. We had to rush to complete it. With the audit complete I took a personal day that Friday. That following Monday, I asked to be compensated for my extra time. My superior obliged, but made it a point to say how he thought I was asking to "be compensated for work that should have been done in the office during the 4 weeks preceding the audit", and seemed insulted that I was asking after "taking the next day off and emailing me at 9am the following business morning with the details of hours worked". I'm wondering If I'm legally overstepping my boundaries, and even though I have a set salary am I entitled to any overtime compensation?
I work for HVAC company and I am paid $27.50 per hour (more
I work for HVAC company and I am paid $27.50 per hour (more than 2.5 times more than the base rate. I am a tech and salesperson and I work more than 40hrs per week. I have a 6% commission on all sales that I write. and I am always on the field. Am I entitled for overtime
I am structuring a 401K + profit sharing program for a CA
I am structuring a 401K + profit sharing program for a CA tech company with 50 full time employees. I would like to exclude our inside sales department from participation in the 401K. Currently the salesteam get's a base pay in the range of 25-35K and earns commissions in the range of 30-90K / yr. Commission is tied directly to the employees sales (ex $100 / new account). From my understanding the 401K adoption agreement can exclude commissions from profit sharing. However, It would be ideal to exclude the sales team entirely since there is a fixed overhead cost / employee. First, is there a way to make them 100% commission without running afoul of employment laws such as minimum wage, overtime, etc. And if so, is it legal to exclude employees that are 100% commission from the 401K plan ?
I am looking to find out if a companies' sales compensation
I am looking to find out if a companies' sales compensation contract can include multipliers that effect the payout of commission without disclosing the formulas used to derive the multiplier.JA: What state are you in? It matters because laws vary by location.Customer: I am in South Carolina, but company is HQ'd in CaliforniaJA: Has anything been filed or reported?Customer: Is this an auto attendantJA: Anything else you want the lawyer to know before I connect you?Customer: No
I am wondering how hard it is to win a lawsuit for slander.
I am wondering how hard it is to win a lawsuit for slander.JA: Because laws vary from place to place, can you tell me what state you're in?Customer: CAJA: Has anything been filed or reported?Customer: one assult on my daughterJA: Anything else you want the lawyer to know before I connect you?Customer: they wrote and published a book about me or not exactly me but im in it and it points to me about a murder
I own a salon in Massachusetts and pay my staff 50%
Hello! I own a salon in Massachusetts and pay my staff 50% commission. A 10.00 product fee comes off the biweekly total so they client is actually paying for it. Is this legal?JA: Has anything been filed or reported?Customer: No an employee came up to me and said it's illegal to charge product to do her job and I explained the client pays for it in the price.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MassachusettsJA: Anything else you want the lawyer to know before I connect you?Customer: Nope
I live in MA and my company is in Texas I am considered a
I live in MA and my company is in Texas I am considered a fulltime w-2 employee and I only receive commission if I sell and deliver consulting work. is that legal in MA? I am leaving my company and will owe the company 30K from draws because I did not close 2 M in 2 years. I closed 400K. Also the company does not pay for healthcare- no benefits at all and I have to pay for all of my sales and marketing expenses. I am paying them 40% of what I close and receiving no benefit. I am leaving because they do not have the resources to deliver the consulting I sell and I going into debt every month I am thereJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I live in MA and work from my home office in MA the company's headquarter is in Houston TexasJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: yes my non compete says I have no5 yr non compete because of my age and then it says if I sell 2M is that legal?
In drive for Lyft. I am very glad to get the $120 deposited
Hello:In drive for Lyft. I am very glad to get the $120 deposited into my Checking account today. I have a 4.86 rating with 74 rides. Most of the times the rides go find. I get a ride request. I arrive and acknowledge that I picked up the rider. Start the "navigate" button, and the Google Navigator takes me to their destination. Then I indicate in my Lyft application. That I have dropped off the rider.Lyft has not given me a clear directive. When a ride request does not appear in my Lyft application correctly. Can I cancel the ride then? Lyft has no phone number to call? I sent an e-mail today. If I write down the start and stop locations. Even take a screenshot of my odometer with my Cell phone. Will Lyft calculate the ride and give me correct credit for the ride? I want an answer from them before I go out Friday evening.I do not want to repeat two bad rides. Both times the rider(s) ride requests. Did not appear in my Lyft application. I drove very long distances both times for very little compensation. One time a driver could not get his Lyft application to work. Mine was working in my Cell phone fine. Sitting in its cradle on the dash. He got very angry! So, I drove him a very long distance, and I only got $9.00 cash from him (to Carmel Valley in North County). Another time, I was picking up the second portion of what is called the Lyft line. I dropped off the first rider. The second rider(s) did not appear in my Lyft application. To start the navigation to their destination. They refused to reinitialize the ride in their application. They said "that I got credit". I ended up driving on two different freeway systems. I used my OnStar navigation to get them home. I only got $7+ for both Lyft line rides. That is not including Lyft. Taking its 25% commission out for the Lyft line rides!I hope, Lyft responds to my inquiry before I go out tomorrow night. They communicate by e-mail. They do not have a phone number. Even though the ride is not in my application. Will Lyft still compensate me correctly. If I take a rider to their destination? And the ride is not in my application (in the case of the second Lyft line ride at an earlier time). A selection not appearing on my Lyft application. To navigate to the second riders location. I will provide start and stop locations to them (Lyft). Even take a screen shot of my odometer. Before, and after the ride starts. I will provide the start and stop time too. If my Lyft application is working okay. And the ride request and riders, are not in my application. Will you (Lyft) still compensate me?Otherwise, I would like your thoughts regarding my opinion on the matter. I think if I cannot see the ride in my application. And they do not want to reinitialize the ride. To respectfully ***** ***** riders to exit my car. After, I offer to drop them off in a safe location. See, I am 57 years old. And I cannot get any other work. And work is so meaningful. But, I do not want to be taken advantage of again. It is not my fault for a technological malfunction. I want to have self-respect. I get no compensation for gas, or depreciation expense on my automobile.Does a cab driver start a cab ride without first starting the fare meter. No, he or she does not! Then why should I do so? I guess, I would be taking a chance getting deactivated by Lyft. For failing to provide a ride. What are your thoughts? Do you as an attorney give a client free advice. You charge a fee right? Like me paying you for your opinion here. Whether it is dishonesty on a riders side. Or a technology error? I do not want to give any more free rides. I do not think I am making minimum wage anyways. I am scared of arguing with a rider in my car. If Lyft does not respond to my inquiry. Before, I go out tomorrow night. Can you give me a legal opinion here? So, I have a basis how to act tomorrow night. If the technology (Lyft application) fails again.
I work for a privately held company in Texas. I have been
I work for a privately held company in Texas. I have been with the company for nearly 3 years in a manager salaried position for $46K per year. They are now asking all managers to sign an agreement to become an hourly employee. They are wanting me to agree to an hourly rate of $17 per hour (my current hourly rate is $22 (40 x 22) is my weekly pay. They are saying I am required to work 47.5 hours each week at $17 per hour. If I agree to this, even with the 7.5 hours of over time, I'm still getting my same yearly salary. (I'm working more hours for less pay). If scared if I don't sign they will terminate me. Is this legal for them to do?