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Recent employment law questions
We had a salaried manager at our restaurant, scheduled to
We had a salaried manager at our restaurant, scheduled to work last week Tuesday through Saturday, our days of operation. He did not show or call in last Friday, and on Saturday came in late and within 5 minutes walked out without a word to anyone that he was leaving. Do I have to pay him for those 2 days?
My employer changed my bonus structure the day before
My employer changed my bonus structure the day before payment was due. The original bonus structure was communicated to me on February first of this year, the start of my company's fiscal calendar. Payments are made quarterly based on store performance. The first fiscal quarter ended for the company on May 1st, and my performance based on the original compensation plan was communicated on May 16th. Based on my performance in the first quarter, I should have received a bonus of $6,145.22. Payment of this bonus was due on Friday June 10th. On Thursday, June 9th, we received communication that the bonus structure had been changed and a clause was added that capped my stores performance due to is being a new store. This change reduced my bonus to $1,235.22, a difference of $4,910.00. The company states that this is legal because they have the following clause on my compensation letter.“PetSmart reserves the right to modify compensation and benefits from time to time, with or without notification to plan participants. These modifications may include, but are not limited to, amending or withdrawing incentive and / or equity plans as PetSmart deems necessary.”Is it legal for them to retroactively change and incentive plan after the pay period has closed?
I was an exempt, part-time employee work 32 hours a week/64
I was an exempt, part-time employee work 32 hours a week/64 per pay period. I was recently changed to an hourly employee due to company reclass of employees working less than full time.I am getting pushed hard to not work over the 32 hours, but maintain my same level of work prior to the change. One week I worked 39 hours, the next week I had to adjust my time to stay within 64 hours for the two weeks.Can I be required to take off in one week because of hours worked over 32 the previous week?
I work company that has Winter Hours and Summer Hours. 8-5,
I work for a company that has Winter Hours and Summer Hours. 8-5, weekdays in the Winter, plus 8-12 every third Saturday, set up on a rotation. Then, for the Summer hours, we start at 7:30 and work until 5:30, plus every other Saturday, 8-12, also on a rotation. We have a 1 hr. lunch period and 1/2 hour break in the morning. When the company I worked for was bought out by my current employer 15 years ago, they decided to keep my wages as salary, paid the same amount every two weeks, since I was a department manager at the time. After one year, I was no longer manager, moved to a floor technician position but my pay was kept the same but with no commission as most of the other techs have. My question is this: Every Spring when our hours change, I feel as if I'm taking a pay cut, having to work 94 hours per pay period, over 10 hrs. for "free" since my salary does not get adjusted. Is that right? Or should I be looking at it from the other end and be happy to get a pay raise every Fall when the hours shorten back to roughly 84 hrs./pay period? The hours change within a couple of weeks of the Daylight Saving Time changes, Spring and Fall. (7 months on Summer hours, 5 months on Winter hours) This calculates out to $2.76/hour difference comparing Summer to Winter hours.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I have a small business (15 employees) in Texas and have
I have a small business (15 employees) in Texas and have most of them on 1099. They all do piece work production related tasks...I'm curious if I can start them on a temporary cash basis only before starting all the HR paperwork and hiring process... Sometimes they quit so quickly and it's such a waste setting up that whole process then they have to wait a month to get paid...Is it possible as long as I keep the cash pay under a certain limit? Like all the 1st week or anything under 40 hours within a month... Please let me know what the hours or time frames I am allowed to work within are.Thank you
I need some guidance on an issue I am experiencing with my
Hello,I need some guidance on an issue I am experiencing with my employer. I had been promoted to a supervisory position a few months back around the same time the director of m department had been asked to step down. During this time we had been conducting group interviews for the new director. Two of the individuals on my team had also applied for the directors position, who were included in the group interviews. During our subsequent leadership meeting they asked that the rest of us make a "united stand" to the president of the company that they be promoted to a dual director position, which was not something I was comfortable doing. I felt that this was a conflict of interest and when asked if I would go with them, told them I would have to think about it and declined to answer at that time. Afterwards I felt that I became a target and was put under unnecessary scrutiny. I was promoted with a probationary period and paid less than the starting salary which is not something they had done for other supervisors, even one with no experience with the company. I was threatened with the possiblity of not receiving my full pay even though I had gone above and beyond what they had asked me to do. I was asked to provide coverage for a client after one of our employees had passed away by two separate directors and when I tried to follow through the task was taken away from me by one of the individuals who wanted the promotion and then I was thrown under the bus and made to seem like I was "inserting myself" into things I should not have been. During this process she had called another one of my direct reports and asked her to fill in for coverage and shared confidential information with her, without notifying me of what was going on. She did not state that it was confidential to my direct report which resulted in it being oveerheard by multiple people on the floor. Questions arose amongst all my other direct reports and they were yelled at by another director, and I was yelled at and told to "shut the f**k up" and "keep f**king words out of my mouth". This whole experience made my work place hostile and disrupted. I tried to ask for a meeting with the managing director and president of the company simply to demonstrate that I was a good employee, eager for opportunity and a wise investment. The individual who has been targeting me told them that I was just insecure and looking for exterior validation, thus biasing my meeting with them. I was nervous about this because there was no formal training on managing difficult situations and there were no written expectations for my position. It was made to seem that I was the one responsible for the confidentiality leak and inserting myself although I was asked directly to help. I have now been suspended on what I feel were bogus claims of discrimination of another employee. I need some help.
On her final paycheck from her employer, my daughter, a
On her final paycheck from her employer, my daughter, a Physical Therapist, had her usual paycheck garnished. She usually clears $1600.00 bi weekly. She received a paycheck of $132.00. Now she will have great difficulty in paying her mortgage and feeding her family. Where should she go for relief?
Can an employer pay me at a lesser rate when I'm driving aView more employment law questions
Can an employer pay me at a lesser rate when I'm driving a company vehicle which is not my regular job the answer was yes but when I exceed 40 hrs they are supposed to pay me time and a half of my regular pay is this correct and where can I find this information to show my employer