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Recent Minimum Wage questions

I signed a non compete in 2010. Last month my boss changed

I signed a non compete in 2010. Last month my boss changed my title and territory that i was responsible for. She also informed me that she would no longer compensate me fir my mileage to the office. Because of the change in territory my income will be reduced. Do these changes jnvalidate my noncompete?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: NyJA: Is the employment agreement "at will," union, full time or part time?Customer: At will. Full time. Staffing industryJA: Anything else you want the lawyer to know before I connect you?Customer: Im a regional manager Ok

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John

Attorney

Doctoral Degree

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I believe that I have been wrongfully demoted. The company

I believe that I have been wrongfully demoted. The company has failed to sight statistically why I was demoted. I have plenty of evidence to indicate that I have been successful. It appears to me that they have demoted me and reduced my pay by 20% so that they can save money in light of the new FLSA regulations. I have worked at the rate of 25.13 per hour for the past 14 months and they have reduced me to 20.50 the day it was mandatory for me to become hourly. I am overqualified for my position and believe that this is wrongful demotion. If I can provide stats and evidence, do I have a case here in California?

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Patrick, Esq.

Doctoral Degree

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I live in Salt Lake City, UT. The business I work for is in

I live in Salt Lake City, UT. The business I work for is in Salt Lake City, UT. I am on Salary of $35,000. I am not in any way a manager. I am a retail sales associate. The company I work for is a small business of 12 employees. The company is an LLC. I have been reading up on overtime laws. From what I understand about overtime laws I am not exempt from overtime because I am not in any way a manager. That is what I understand from this article on Monster.https://www.monster.com/career-advice/article/exempt-nonexempt-employee-misclassificationI realize their was a change in overtime law that was going into effect today that a federal judge has stopped but that does not effect my job type does it? Am I entitle to still receive overtime?

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John

Attorney

Doctoral Degree

7,746 satisfied customers
There are times when we are going to inventory two stores

There are times when we are going to inventory two stores back to back. This is usually with two or three people. The team will meet at the first store and count the inventory. Then the employees will get into one personal car and all go to the second store, taking the laptop, printer and data scanning equipment with them.Currently we pay them minimum wage from the time they sign out of the first store to the time they sign in at the second store. Our question is; is it required by CA law that we pay the owner of the vehicle a mileage rate for the mileage from the first store to the second store?

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LawTalk

Attorney at Law

Juris Doctor

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Is it legal for the company to change me from salary to

Is it legal for the company to change me from salary to hourly since there is a hold on the new law?JA: What state are you in? It matters because laws vary by location.Customer: MarylandJA: Has anything been filed or reported?Customer: First I was told it would be the beginning of November, then I was told they would not do it until after November but they did it on my last pay check which I received November 23. I was surprised, they did not tell me; they had changed it to the beginning of Dec. and said they would discuss it again. Also they lowered my hourly rate.JA: Anything else you want the lawyer to know before I connect you?Customer: The number of salaried hours per week was 45 now it will be 40 with overtime but they don't want me to do overtime.

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Patrick, Esq.

Doctoral Degree

18,586 satisfied customers
I have been with my current employer for 5 years. I received

I have been with my current employer for 5 years. I received a promotion over 10 months ago, but was not given any additional compensation. Since that time, the company has hired two new employees that hold the same position as I do, and their starting salary is 20% higher than my current salary. Is this legal?

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Dwayne B.

Juris Doctor

36,542 satisfied customers
My wife just had a change in her hours and status of being a

My wife just had a change in her hours and status of being a salaried employee of a county to an hourly employee along with the rest of the employees after 16 yrs. with the county. Her hours have been increased by 5 hours a week with no change in pay or benefitsJA: What state are you in? It matters because laws vary by location.Customer: TNJA: Has anything been filed or reported?Customer: This change was just implemented on Monday the 28th. but Officially supposed to start on Jan.1stJA: Anything else you want the lawyer to know before I connect you?Customer: Not at this time

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Patrick, Esq.

Doctoral Degree

18,586 satisfied customers
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 have a question about payroll in texas. I have a driver

I have a question about payroll in texas. I have a driver that asked for an advance of 747.00. The next week he gave me two weeks notice for quitting. So I deducted the 747.00 in two parts on his last two checks. Is this legal or did I do something wrong?

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Dwayne B.

Juris Doctor

36,542 satisfied customers
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