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Recent Pay Period questions

I resigned from my previous employer on July 1, 2016. After

I resigned from my previous employer on July 1, 2016. After I quit, they apparently did not submit my termination to the payroll department and I continued to receive two extra direct deposits as an active employee. I called on August 8 and spoke with a lady who handles the termination paperwork to my 401k company, asking her when my termination paperwork would be turned in. She advised me that my final paycheck would be in two days on August 10th, so I assumed they still owed me money. I was a salaried employee. Now, they are demanding the money back in full. Am I required to pay them back? If so, can they refuse small monthly payments? I reside in the state of Pennsylvania.

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John

Attorney

Doctoral Degree

7,488 satisfied customers
I make $14.00 per hour. My admin job hours are

I make $14.00 per hour. My admin job hours are Monday-Thursday 9:00-3:00. I am qualified as hourly because I am docked pay per hour or day I miss. I worked a lot of time after 3:00 and on Fridays-Thursday's. For example, in March I documented my hours and showed these to my superiors along with lengthy documentation of actually working those hours and days. We are paid on a bi monthly pay period so when I added these times that were outside the Mon-Thursday 9-3 times together, I lumped them per pay period to show them I was working a lot more than the 24 hrs a week (or 48 hrs per check) I was paid for. The total amount I workes from March 1-March 15=81.57. I was only paid for 48 hours. They did not pay me for 33.57 hours. March 16-March 31 I worked 61.60 hours and was paid for 48 leaving an unpaid total amount of 13:36. The total for March that I was not paid for was 46.93 hours. I have attached a picture of the excel sheet I gave them reflecting this hours. My question is, do I get overtime pay ($14 times 1.15=$21 per hour) for the 46.93 hours I wasn't paid for in March, or would it just be $14 an hour for those hours because I didn't work enough time to qualify for the overtime rate?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

17,874 satisfied customers
We received a Write of continuing garnishment. It does not

We received a Write of continuing garnishment. It does not state when or how much to withhold from the paycheck each pay period. It only states how much to withhold total. How would I figure this out?

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230 satisfied customers
Sunny and humid here in Northeast Pa.... not complaining. I

Good Morning ........ Sunny and humid here in Northeast Pa.... not complaining.I am the Director of Contract Support Operations for a small family owned business in Pennsylvania. We have less than 50 employees.We work almost exclusively for the main water supplier for the country. The service we provide for them is the installation of water meters in residential homes and commercial facilities.Our service representatives or " FSR's ( field service representatives ) work on commission only. They are paid an average of $12.50 per meter and the average daily installation of meters per FSR is approximately 12. So our average FSR can earn $150 per day and has the ability to work any day but Sunday. They actually have the ability to earn more based on the number of meters they are able to install in one day. Each installation takes approx 15 to 20 minutes.We have CSR's ( customer service reps ) on the phones from 8:00 am to 8:00 pm Monday through Friday and 9:00 am to 5:30 pm Saturdays to take and make customer calls and schedule appointments for the technicians. All of our techs are provided with some appointments daily but they must also tag doors ( with their name on the tags) and knock on doors to try to gain more installations. We advise each technician upon hire that they may have very good weeks as far as commissioned earned , but caution them to be prepared for slumps.I'd like to mention that this is not considered cold calling. All of these customers have been advised by the Water Company via letter that we are their Contractor and that the meter changes are mandatory. If a customer does not comply they risk the chance of having their water service terminated by the water company.I guess what I am trying to get across is that we do supply the techs with some verified appts, but the rest of the time they are given a walk by list of residences not yet changed and -as with any sales job- they are responsible for procuring an appt or for gaining access to premises to change out water meters. Most of the technicians are earning a nice lucrative commission.We also provide uniforms, vehicles and fuel, and of course they carry water company ID.My question is this: because they are hired as commissioned only service reps, are we responsible for " Guaranteeing" them appointments ?Thank you kindly

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Marsha411JD

Doctoral Degree

18,818 satisfied customers
I resigned effective from my job 8/4/16 and my last day of

I resigned effective from my job 8/4/16 and my last day of employment is 8/18/16. When I started with the company 7/13/16 they withheld the first weeks pay for 7/13/15-7/17/15. I have not received that payment. My most recent paycheck was dated 8/5/16 for the the pay period week ending 7/22/16 and week ending 7/29/16. I have requested in an email to my employer that I be paid 8/19/16 for the week ending 8/5/16 and 8/12/16 and payment for 7/13/15-7/17/15. My last day is 8/18/16 and I told my employer I would pickUp the check 8/19/16 even though my last day is 8/18/16. As of 8/18/16 they will owe me any accrued vacation and payment for 8/14/16-8/18/16. I have accrued vacation 1/1/16 to 8/18/16. As my last paycheckReceived 8/5/16 I had 61.28.hours available. I also used 8 hours pto on 8/5/16 and 8 hours 8/8/16.I am trying to be fair and emailed my employer this morning but I have not received a response. If my employer refuses to pay me in a timely matter then I want to know my rights. I did not have a formal review that was to be completed at my 1 year anniversary . I have only received positive feedback.

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John

Attorney

Doctoral Degree

7,488 satisfied customers
For lawyers familiar with dentist contract law: I have been

For lawyers familiar with dentist contract law:Hi,I have been an associate of this private practice for three years and resigned in July. My pay is based on percent collection. The only way for me to see what I am owed is by reviewing the report Accounts Receivable which the employer refuses at this time. He also subtly threatened me via email saying that he was planning on giving me paychecks for three months after the termination date even though the contract states one month, implying that whatever he doesn't collect after one month he won't have to pay me.Regarding pay upon termination the contract states: "In the even if termination of this Agrement by either party for any reason the Emplyee shall be entitled to all pay earned and collected by Emplyee through the effective date of the termination. Employer shall pay said compensation to Employee at Employer's next scheduled pay period after termination".What are my rights? My interpretation of this part of contract was that what I earned and collected by the termination date should be paid to me whether in one check or three different checks according to Accounts Receivable information. Without this AR report, there is no way for me to keep track.Please help! Thank you.

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Marsha411JD

Doctoral Degree

18,818 satisfied customers
I am an executive of a large healthcare provider in Arizona.

I am an executive of a large healthcare provider in Arizona. I was escorted out of my office on Thursday July 14th and was told it was due to breaking policy in relation to a third party vendor. Over the next few days I realized that I had inadvertantly not reported gifts from the vendor on my Conflict of Interest Statement and therefore had broken policy. On the 21st of July, after not hearing a word from the company, I sent a letter of resignation to the Human Resource Department. On July 26th they announced my resignation to the staff, and cleaned out my personal belongings from my office and arrangements have been made for me to pick them up. They owe me for 3 days of work July 11-14th and my accrued PTO which is approx 180 hours. I expected them to pay me via electronic deposit on today's paycheck. As I understand it, State law states that they must pay employee within 7 days of termination (resignation ??) or end of pay period which ever is soonern However, that did not happen. My questions are as follows. Are my rights the same as a terminated employee or does the fact that I resigned change my rights?

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P. Simmons

Attorney

Doctoral Degree

35,206 satisfied customers
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

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Infolawyer

Attorney

Juris Doctor.

37,336 satisfied customers
Straight pay periods I was paid $1800.00 our agreement, and

For 11 straight pay periods I was paid $1800.00 our agreement, and then they reduced it to $600.00 without informing me prior to work completed. No explanation on why, and how they determined amount ?

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ScottyMacEsq

Doctoral Degree

22,524 satisfied customers
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