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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
What if HR and myself agreed(verbally) to employment

What if HR and myself agreed(verbally) to employment upgrade, in house, PRN to full time at hourly rate of $31.50 and signed agreement lists $41.00 hourly. I've been with company 10 years and believe my knowledge and skills are being compensated with latter sum. Can I assume this was a perk and continue to receive rate of $41.00 p/hr? What reprocussions, if any, should I anticipate? I'm a single divorcee that truly needs this job and would benefit with my newly based rate.

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

14,904 satisfied customers
I am a Sr. Manager fortune 100 company and my boss is

I am a Sr. Manager for a fortune 100 company and my boss is requiring me to work/be at the office 8 hours per day while the people I supervise are allowed to work less than 8 hours per day and can remote from home. I live in Texas, is this legal? I have no performance issues at work and manager 9 Sr. accountants.JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: NoJA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else important you think the Lawyer should know?Customer: Yes also my boss has allowed other Sr. Mangers to work 9/80 and when I worked a 9/80 and got sick one day but had worked over 80 hours in less than 7 days (worked one day 11 Hours) I was called into office and told that I should not have taken the 10 day off. However, if I had worked the 10 hours my total hours for 2 weeks would have exceeded 95 hous. I offered to work the subsequent day the 9 hours due to the unplanned sick day and was not allowed to do so. Consequently, I have not dared to worked any further 9/80 while the other senior manager are being allowed to.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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Legalease

Attorney At Law

Doctor of Law w/ highest honors

14,904 satisfied customers
I have been harassed by my co-worker and recently

I have been harassed for years by my co-worker and recently there was an incident where she intentionally pulled the file cabinet on me while I was in front of it. I took the incident to HR and now HR is using it against me. I applied for a position and was told they would not interview me because of the incident. Is this fair? Can I do anything?JA: OK. The Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just told today they would not interview me.JA: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?Customer: I don't know where to begin. The co-worker is an employer that was hired by a former manager. She was hired by him from her church. I am a black lady and she is a white lady. Over the period of years we have had difference confrontations. I have been to HR more than one time and they just keep saying we should get along. She shouts at me and this has been witness by the co-workers. I consider her bulling me and feel this is a hostile environment for me to work in now.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.

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RobertJDFL

Attorney

Juris Doctorate

12,164 satisfied customers
I have at least 155 hours of vacation time our place of work

I have at least 155 hours of vacation time our place of work pays down a couple times a year if i dont have a vacation planned with the dates i cannot keep it they will pay down to 0 how does that help if something comes up? I requested to keep 80 hrs. Havent heard if its been approved the dead line before they pay down is 5/7/16

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Patrick, Esq.

Doctoral Degree

17,452 satisfied customers
Under the Affordable Care act, full time employees are defined

Under the Affordable Care act, full time employees are defined as employees who work 30 hrs/wk or 130 hrs/mo (including overtime). Does this definition apply to all size employers even thos in the 2-49 employee size where employer cost share will not apply?

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Patrick, Esq.

Doctoral Degree

17,452 satisfied customers
I have a question about unfair compensation. I was offered

I have a question about unfair compensation.I was offered the position as Quality Manager in 2005 at a base salary about 10K lower than my previous job. I took the job conditionally asking review after 6 months. But that review did not happen. After one year, I was given a raise but that was not even close to previous earnings. After 2/3 years, I brought this to the attention of my boss, indicating lower pay and also lack of cost of living adjustment for my move from Granger,IN, to Chicago. I even provided my boss with Annual Salary Survey from ASQ. He told me that he will talk with his Boss to resolve the issue but nothing happened.I continued to work because of family issue and my age. During the course of last 10 years, I brought this subject at annual review, whenever it was conducted but got no answer.About 5/6 years ago, my title was changed from Quality Manager to Director of Quality, but with no bump in the salary.Most of the new people hired in have gotten salaries that were higher than their previous jobs.I have the best educational background and the most industrial experience, yet, I did not get the fair salary that I deserved. I am retiring in next few days. Is there something that I can do about unfair compensation?I hope you can give some guidance.Thank you for your help.DS

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

46,302 satisfied customers
I work in a daycare at a private school on island. We are to

I work in a daycare at a private school on long island. We are to be open during the regular school vacations e.g President's week (2/16-2/19/2016). We are told that if we want any time off during those vacations we must use our vacation time. We are expected to work otherwise...because we are officially"open". It just so happened that this past presidents week we were "open" BUT no children signed up to come. So no one could work. Are they able to make us use our vacation time for those 4 days? I am a full-time contracted worker.

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Patrick, Esq.

Doctoral Degree

17,452 satisfied customers
Is it legal employer to penalize me in any way being able to

Is it legal for an employer to penalize me in any way for not being able to attend an employee luncheon on a lunch hour if I cannot eat the food? These are "employee perks" held monthly on our lunch hour and they supply a nice lunch for those who can eat it, but I am severely intolerant to most restaurant food and do not want to get sick. I have followed a very strict diet for years because of super sensitivity to gluten, soy and gluten. This is not a fly by night diet that I must follow. Even cross contamination will make me extremely ill and leave me sick for days. As a result I have not eaten any food but from my own preparation for 6 years. It has been tough but I cannot eat out in restaurants. In all fairness, once my employer tried to get foods for a luncheon they assumed I should be able to eat and I thanked them kindly but explained about my severe reaction to even cross contamination (something I may never have had to reveal and would not have as I am a private person, especially with health information). These luncheons are always catered and I have been made to feel that I must attend even though there is little if any employee business discussed. So I go and sit, usually starving, watching my coworkers eat, fielding their relentless questions about what I feel is my PHI. It is embarrassing. I have made it clear many times to my employers that they are not responsible for providing special foods for me as I do not eat anything that I do not prepare myself. I do not bring my own food into these things because I prefer to eat my special lunch in private. I am tired of the questions, tired of being starving at the luncheon only to go back to my office and wolf my food down because lunch hour is over, tired of giving up my lunch hour away from the office, and tired of the dirty looks I get from some of the partners. There was a luncheon today, this one offsite. I asked my employer (partner of the company) if anyone would be offended if I did not go to the Chinese restaurant due to my food intolerances. It was indicated first that I surely would be able to eat stir fry or something and I again explained that I truly could not, that I would love to if I only could. I was then told that I did not have to attend today but that I should not leave the office with my coworkers. That I should leave early so that others would not know that I was not in attendance.(?huh?) Folly with that plan aside, clearly the indication is that I am doing something wrong by not attending. No one will ever be able to coerce me to eat something that will sicken me, this I know. Before today I have tried to be nice about this by just going, sitting and starving, but it is getting old. Can I be made to attend these lunch hour employee events?

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Dwayne B.

Juris Doctor

35,342 satisfied customers
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