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Can my employer change me to an hourly management position
Can my employer change me to an hourly management position from a salary management position and keep me at same pay to avoid paying the overtime with the new law. I will be working 10 hours over time but receive the exact same pay as my salary was.
Relating to an Independent Contract and a non-compete
relating to an Independent Contract and a non-compete clause:"Will not compete with (redacted) by soliciting business from or performing Services for the Customer for at least one (1) year following either (i) the negotiation of a potential Work Order with a Customer regarding the IC by (redacted) or (ii) the completion of the most recent Work Order with that particular Customer."If the contract is with a Services company that hires an independent such as me for only "on-demand" jobs of short duration. If I say I am "unavailable for a couple of days" and then another Services company offers me the same job - if i say yes does it violate the above even if the "Customer" does not contract me - the "Services" company does??
My boss terminated me without any sort of explanation, and
My boss terminated me without any sort of explanation, and did so via text message. I understand that I work in an at will state and there is not much I can do, but, I had an exemplary performance record and made very good money, and up until that point, hadn't had a single complaint. I asked foran explanation and was refused one. I told him I planned to come to our place of employment the next day, and any subsequent days that it was necessary until I received one. He didn't reply, but, a co-worker told me that they were told if I came into the restaurant, they were to call the cops. Again, I was thoroughly confused. My friend and co-worker was unable to get an answer as to why I was terminated, either, until our bosses partner finally felt some compassion and told her what happened, which she then relayed to me. On the day I was terminated, we had several things go wrong - our point of sale system was not working, we ran out of our most popular dish, etc. I text my frustrations of the day to my friend and co-worker, telling her I had been near tears and ready to walk out, being a bit hyperbolic. Anyway, we got through the day, and the only person I said anyting to was my friend via text. When she came to work, after I had left, our boss asked for her phone to install an app on it, in case they had problems similar to what I had dealt with that afternoon. While he had her phone, without either her or my permission, and unbeknownst to either of us, he opened and read the texts between us. He immediately text me and fired me for the content of the text messages, although I still have not officially been offered that explanation. I have yet to confront him with that information, as my friend still works there and I don't want to threaten her job, as well. He read texts that were private communication between my friend and I without permission, has not paid me for my work, has threatened to call the cops on me, and accused me of stealing from him - which I did not do. I was a fantastic employee and am now missing nearly $400 a week in much needed income as a result of something terrible he did. Do I have any recourse at all in this matter?
I would like assistants in determining if our employee is
i would like assistants in determining if our employee is exempt of non exempt.she is a Physician Assistant that is salaried "professional learned science" and works 37 hours a week to see patients.i need to find a lawyer to help me work thru this exempt vs non exempt so that i may understand how best to treat her, if she needs to make up days etc.Exempt or non exempt, that is the question?We are a medical office, and we would like to ensure that we are one the correct side of the law when it comes to our medical providers.There are several situations I will describe. Post reading them I would love to see about getting a formal letter stating which direction we should go with our medical providers.a) Mid Levels (Physician Assistants/Nurse Practitioners)They are contracted to work 37 hours a week. The providers are scheduled 3 ten hour shifts during the weeks and one 7 hour shift on the weekends. (The do get a 30 min lunch each shift)So in reality their patient hours are 35 hours…as we say a 10-8 shift (with a 30 min lunch) total hours they are at the office is 10 so we pay them straight thru.(This raises another side question: Since we pay them salary, but often break it down into hourly, to figure out somethings, when I break it down to hourly, would I do Salary/52 (weeks per year)/37 (hours a week they worked) = hourly pay OR would I do Salary/52/35 (cause that is actually “worked” hours a week?... )Back to point.Where we struggle.Snow days, training, working extra in the same week beyond 40 hours.One subject at a time:Snow days: We have an office policy that is in our employee handbook, that states, in the event of inclement weather and the practice is forced to close (management choice to close), then the providers are asked to make up another day for those hours missed working.The way the company sees it, is that we contracted the mid levels to work 37 hours a week, if they cannot work due to snow on Wednesday and we loss those 10 hours of patient care, we ask that they make up those hours on another day in the next two weeks.Is this something that is ok to do or not?I know it is based on if they are exempted or not, and that is why we are seeking legal advice.Working extra in a week:This is a two fold question:A) What if we design a providers schedule to be 41 hours one week and 33 hours the following week for a total of 74 hours every pay period.As you can see the provider could be possible viewed as working overtime in one week by an our if she is not exempted.However, if the provider is exempted then this would not be a problem.So can a provider wish to work this schedule and can the company allow it without having to deal with over time issues?B) If we have inclement weather, and ask our providers to make up the time, if they are working a 37 hour work week, if they make up another day of 10 hours, you can see that would place them into over time IF they were non exempt.We simple want to ensure that we are following the letter of the law to ensure that we are treating our employees according to state law.Training:We deal with machinery, such as lasers, that require advance training. This training we have done on and off patient hours… meaning, we have blocked patient hours to due training, and we have also schedule training on staff day off.Training helps the staff be better at their jobs to perform better care.IF we require staff to come in for training, does that also count as hours towards “working”Cause I read things like this… and then I get confused.Lectures, Meetings and Training Programs: Attendance at lectures, meetings, training programs and similar activities must be counted as work time unless all four of the followingcriteria are met: (1) it occurs outside normal scheduled hours of work; (2) it is completely voluntary; (3) it is not job-related (unless the employee attends an independent school or college on his/her own initiative outside work hours); and, (4) no other work is performed during the period.Making time up:If that provider wishes to take an hour earlier off, then we can require that provider to work an additional hour on another day.Our mid levels work an average of 37 hours a week in a 4 day time span, 35 hours seeing patients, and 30 mins daily for a break, which the company still pays them for.They are salaried yearly and we get paid 24 checks a year (1st and 15th ).They also get 3 weeks vacation, and other perks.Why we think our Providers are exempt: (Please correct us if we are wrong)Learned professionalsEmployees, including PAs, are considered “learned professionals” w
My employers payroll system fail to contribute my full
My employers payroll system fail to contribute my full amount to my retirement system. They told me it was cause my a computer glitch . I was planning a retirement meeting withmy retirement system they inform me that until my account was settle My payroll system wants me to pay all back payments . My question is this legal since the mistake was not of my making.
I was a founder and CEO of a www.enertia.. TX, No, I have
I was a founder and CEO of a www.enertia.biz.JA: Because laws vary from state to state, could you tell me what state is this in?Customer: TXJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I have Parkinson's and was diagnosed 6 years ago. Full disclosure to my board. My ex wife owns half and works there and is now ChairmanJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Txo
I have a small lawn maintenance business in Las Vegas NevadaView more employment law questions
Hi, my name is***** have a small lawn maintenance business in Las Vegas Nevada (2 employees). I got a new employee on 4/25/16, I had to train him for work but he didn't complete 3 months. The last day he came to work was on 7/16/16, and then, he disappeared (no call no show) for a week and a half. I use to pay him with check $10.00 an hour, regular and overtime. After that, I had to get a new employee to help me, to replace the other one. Yesterday, the first guy text me asking for his job but I told him I had a new guy, then he told me I need to pay him his overtime if he can't get his job back. I didn't make a contract, everything was verbal. My question is, do I have to pay him his overtime if he didn't finish his training??
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude