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Recent Overtime Pay questions

I am an exempt employee who has taken intermittent leave to

Hello. I am an exempt employee who has taken intermittent leave to attend to two medical issues. My management has informed me that I must take PTO or make up the time missed for Drs appts. I was told that if I didn't the I could be considered to have an attendance issue. I can understand taking time for complete days or even half days.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: But I am confused as to how they can 1) consider fmla appts against me since they are protected by law.and 2) deduct pay for appts by the hour if I am an exempt employ.JA: Have you documented this or discussed it with HR?Customer: Yes. Further more,JA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: Furthermore how can the time missed be counted against my total entitlement when I took PTO?

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John

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Doctoral Degree

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I work in Wisconsin and was recently fired for speaking out

I work in Wisconsin and was recently fired for speaking out about not receiving overtime pay when working overtime. This happened regularly. For example if I was on a job that required me to drive a company vehicle to and from Chicago and at the end of the week I had 60 hours I was paid 60 hours straight time. The HR woman said drive does not constitute overtime as a matter of fact she said she could pay minimum wage while driving in a company vehicle.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WisconsinJA: 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

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Doctoral Degree

9,078 satisfied customers
My husband has worked for the same employer for over ten

My husband has worked for the same employer for over ten years consistently working 50, 60 or more hours per week. He has NEVER received any kind of overtime pay. My husband is afraid that if he sees a lawyer or questions, the pay, he will be let go. His boss is arrogant and feels that he shouldn't have to pay anyone because all employees are lazy and don't work hard enough and are just stealing his money, which I believe is also a hostile work environment. He needs the job as I am currently unemployed. Do we have any recourse?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: IllinoisJA: Is the employment agreement "at will," union, full time or part time?Customer: Illinois is an at will state.JA: Anything else you want the lawyer to know before I connect you?Customer: no

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RobertJDFL

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Juris Doctorate

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My question is about term disability, not sure what category

my question is about long term disability, not sure what category that falls into. About 10 years ago I went on long term disability thru my employer due to a rare eye disease that has left me visually impaired. I have just recently got offered a part time job that may turn into a full time job if it works out. the pay is significantly lower. It is about half my pre-disability hourly rate and if I only work say 10-15 hours a week its only about 20% of my previous weekly rate. I am not to sure if I will get kicked off of the disability plan. How do most of these plans work I cannot understand the jargon in the benefit plans. I don't even know if I am asking the question correctly. In other words: Will they continue to pay me benefits even if I get a part time job or will they terminate the monthly benefit outright. Thanks for any help.

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John

Attorney

Doctoral Degree

9,078 satisfied customers
The PTO policy under which I was hired states that upon

The PTO policy under which I was hired states that upon seperation, an employee is paid for the total but unused PTO. I asked our HR assistant if I was grandfathered into the old policy (did not ask what part on purpose) and was told yes. I tendered my resignation and am now being told by the HR director that I am not grandfathered into this area of the old policy and only the accrual part. When I questioned the legality of this, I was told they are too busy and in response only received the policy that was instated last year. I have been an employee for 3 years here and am trying to remain professional but also was relying on this money upon seperation. Please help. Any input is appreciated.

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John

Attorney

Doctoral Degree

9,078 satisfied customers
I work for a county in Wyoming - maintenance cleaning crew.

I work for a county in Wyoming - maintenance cleaning crew. I have worked for 8 months as a part time employee. However, I have continuously worked 40+ hours per week for all of the 8 months. I am still classified as a part time employee, working for a lower wage without benefits, doing the very same work as full time employees. The employee hand book defines a full time employee as anyone who works 40 hrs or more per week, and accrues benefits after 120 days continuous employment. I have asked about becoming a full time employee, the county officials have said that due to budget cuts, I am unable to gain full time status. Is this legal?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: WyomingJA: Is the employment agreement "at will," union, full time or part time?Customer: At willJA: Anything else you want the lawyer to know before I connect you?Customer: Not at this time

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Infolawyer

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Juris Doctor.

41,616 satisfied customers
I own an ABA therapy company that provides in home therapy

Hello, I own an ABA therapy company that provides in home therapy services to kids with autism and other behavioral disorders. Am I required by Colorado State law to pay my behavior therapists overtime pay? Here is my pay structure.1. each therapist is paid by the hour2. to help provide stability for our therapists income, we guarantee each therapist no less than 32 hrs per week plus drive time3. so if therapist A's client was to cancel for a whole week, we would pay them a guaranteed 32 hrs.4. with our 32 hour guarantee, each therapist earns at least $480 per week5. we don't pay our therapist if they are sick, we deduct their sick hours6. we don't pay our therapist for vacation time7. currently if a therapist works over 45 hrs in one week, we don't pay overtime8. if a therapist weekly schedule is 45 per week and that client cancels for the whole we, we pay pay that therapist 32 hrs guaranteedThanks for your quick help,AJ

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John

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Doctoral Degree

9,078 satisfied customers
This month is the first time I've had W2 employees. I'm in

This month is the first time I've had W2 employees. I'm in ArizonaIs there a way to get around paying time and a half for anyone working over 40 hours? (Bonus them anytime over 40, pay salary vs. hourly, etc?)

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John

Attorney

Doctoral Degree

9,078 satisfied customers
I am employed with a company but I work at two of their

I am employed with a company but I work at two of their facilities. Is it legal for them to pay me two separate checks to avoid paying me overtime? I work 40 hours at one place and 16 hours at the other one for a total of 56 hours per week.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: LouisianaJA: Is the employment agreement "at will," union, full time or part time?Customer: I' not sure what you mean but I work full time at one of them, Monday through Friday and 16 hours on Saturday at the other one. I use the same clock in and out code on both of them,JA: Anything else you want the lawyer to know before I connect you?Customer: No

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Patrick, Esq.

Doctoral Degree

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