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Recent employment law questions
The youth director of our church is an exempt employee. He
The youth director of our church is an exempt employee. He is taking the church youth to summer camp and will be responsible for them for seven days. How should he be paid during this time? How would he be paid if he were a non-exempt employee?
We own a pre-k to first grade and we need clarification on
We own a pre-k to first grade and we need clarification on the newly enacted overtime law. If our exempt teachers and administrative employees come in after school hours for a staff meeting, training or "house keeping" ,once a month for one hour, would they qualify for "overtime pay" under the new OT rules. Also, the same on clarification if they come in for an event on weekends, do the extra hours qualify them for overtime?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
I am currently employed as a Project Manager, salaried,
I am currently employed as a Project Manager, salaried, exempt. When I started with the company in June 2013, we were a start up and everyone wore many hats. I became an integral part of a job monitoring fraud which included nights and weekends and holidays. We have since been bought out by a large billion dollar company with 23K employees and I was told that the duties of Fraud would be moved to a different division. That was a year ago and despite my request for a timeline for this transition, I am told that they can't do anything about it and that I have to remain doing this job in addition to what I was hired to do (Project Manage). This past Christmas I worked 17-hour days for nearly a month with no compensation either financially or in comp time. Despite it not being in my job description I was only given a "meets expectations" job review which was tied into my bonus. I am told that I don't have a choice, although others who are supposed to take this over are allowed to refuse to do it. Three years of not being able to take a holiday (I have had 6 holidays in 3 years - should have been 27 paid holidays) and I was not able to take an alternate holiday either. I am at the end of my rope and feel they are pushing me into a position where I need to hire a lawyer to represent me. I have had meetings, have requested a transitional time line, have expressed that I will no longer be able to fulfill this role after the end of the second quarter this year. That was denied. I feel like an indentured slave to this 24-hour a day fraud monitoring system. I took it on early and apparently was proficient and they just figured as long as someone is doing it, why change? I was given dates when the position would be taken over by others in this large corporation only to see those dates come and go with no change. I am at the point where I have anxiety attacks just thinking about having to continue reviewing orders for possible fraud. At the very least, I feel I am owed money or comp time for the ridiculous hours I was forced to work between Thanksgiving and Christmas (I had meeting months prior to the holidays telling my boss that we were not prepared and they did nothing - which meant I had to fill in all the gaps). The state of CA has only certain exemptions that allow employers to not pay overtime to salaried employees and I don't believe I fall into those exemptions (closest would be the Administrative exemption). I would like to get a consultation to discuss this..do you think I have a leg to stand on?
Must non-exempt employees be hourly or can they remain
Must non-exempt employees be hourly or can they remain salary and held to 40 hours knowing that if they are approved overtime for some specific instance the hourly number will be calculated and they would be paid accordingly. So I guess my question is this - do I need to move all my Less than $50,000 employees to hourly and use a timeclock?I am a church - so how do I handle program staff who go on mission trips with groups, etc.Diana
If I'm in Utah, and I'm payed $10 an hour OR commission
If I'm in Utah, and I'm payed $10 an hour OR commission (whichever is more) and I end up making less than 10 an hour but more than the minimum wage via commission, does my employer have to make up the difference?That is to say, do they have to make sure I get 10 an hour?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
Negotiated individual employment contract; salaried, $1000
Negotiated individual employment contract; salaried, $1000 wkly guarantee; 40 + hrs. wkly. agreed; pre-representations & resume "engineer" level of specialized training & experience; now claiming NON-exempt status and is seeking additionalovertime pay. As employer we understood high rate of wage compensated for all hours worked and claim employee is exempt? Your thought? Defense?
When hired I was told my compensation plan consisted of a "base
When hired I was told my compensation plan consisted of a "base salary, some commission based on gross profits and factory bonuses when applicable based on the manufacturer programs. My pay check stubs say the word " salary" on them. My weekly time sheets do not list hours, only "regular salary".In order to keep up with the load expected and placed upon me I have worked an average of 10-15 hours beyond the company hours of operation, We have also been threatened that if we do not make our goals we can be written up and possibly dismissed. In fact this company has taken my " base salary" away (deducted) from the gross profits and then paid me a smaller commission based on the profit after write downs and other picked expenses they choose before paying.I am a sales manager on what has been set forth as a salary plus comm etc. I am working 65-70 hour weeks to be able to keep up with the load placed on us in inventory control, paperwork and organizing the product in order to show, demonstrate and sell. Is it lawful for the company to tell you that you are being paid a base "salary" and then deduct it as a draw against commissions, and am I allowed to ask for overtime back pay? On the one hand they threaten dismissal if your goals are not met, yet they are not paying in the promised agreement and no overtime is being paid. I open and close the business almost every day. It can be proven by checking the time of day that I set or disarm the alarm to give a reasonable accounting of the extra hours I must work to keep up with the requested job duties they give their sales managers. I have over 500 serial numbered machines and millions of dollars in inventory that I must account for with both internal and factory auditors. I want to be compensated in fairness for my extra hours this position has required, and I feel I should be awarded the 18% commission of the approx $40,000 in "salary" they have taken out as a draw against my commissions. 18% of the gross profit is what was promised, split between the store sales staff.My calculation comes to approx $19,000 of unpaid compensation.I have hardly ever even been able to take a lunch while covering the sales for this company because they are not well staffed and have not store managers. Do I deserve to be compensated of I can verify what I am telling you?
I borrowed the company pickup truck and slid into a tree inView more employment law questions
I borrowed the company pickup truck and slid into a tree in my yard.My company told me I have to pay the $1000 deductible.now I'm leaving the company, is it legal for them to take this $1000 out of my last paycheck?Also if you are a salaried employee how many hours can a company make you work?
Attorney and Counselor at Law, Mediator