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After 2 years of employment I have been terminated due to a

After 2 years of employment I have been terminated due to a personality conflict with the CMO. I have never received an email of poor work (or even a phone call of poor work) and my requests for how to improve the perception of me have been answered by the VP that it is not about my work.Aside from the fact that I'm getting 1 month severance (making over a 200k salary) and was given no annual bonus despite achieving all objectives, is this an agreement I can sign just to get away from these people? I have it in a pdf form if it would help. THANK YOU.3. Payment. lf you choose to sign and return this Agreement within the required timeperiod,do not revoke this Agreement and abide by the other terms of this Agreement, theCompany agrees to provide you with (a) continuation of your regular base salary for fourweeks, payable in regular and equal payroll installments (less applicable withholdings anddeductions), commencing on the next regularly scheduled playdate after you sign and returnthis Agreement; and(b) Provided you elect COBRA...9. Confidentialitv of this Agreement; Non-Disparasement. You agree that you will not discloseto others the existence or terms of this Agreement, except to your immediate family, attorneysand bona fide financial advisors and then only after securing the Agreement of suchindividual(s) to maintain the confidentiality of this Agreement. You also agree that you will notat any time make any disparaging or derogatory statements concerning the Company or itsbusiness, products and services. However, nothing in this paragraph is intended to, and shallnot, restrict or limit you from exercising your protected rights described in paragraph l-2 or youfrom providing truthful information in response to a subpoena, other legal process or validgovernmental inquiry. The Company agrees to instruct the V.P. Medical Affairs, the EVP, CMOand the President and CEO not to make any disparaging or derogatory statements concerningyou.

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Marsha411JD

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In regards to FLSA 501.604, does the DOL have rules on when

In regards ***** ***** 501.604, does the DOL have rules on when you can pay an exempt employee the additional compensation? Does the employer determine with and employment agreement when the additional compensation would occur and at what rate. 501.604 states the employer can pay straight time over salary or 1.5 OT, or DT, again is that at the companies discretion in agreement with the employee?

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ScottyMacEsq

Doctoral Degree

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Can my employer change me to an hourly management position

Can my employer change me to an hourly management position from a salary management position and keep me at same pay to avoid paying the overtime with the new law. I will be working 10 hours over time but receive the exact same pay as my salary was.

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John

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Doctoral Degree

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I recently accepted a position as a maintenance

I recently accepted a position as a maintenance supervisor...my salary is $41,000 annually...I am an exempt employee...I generally work 55-65 hours per week...I know the regulations are changing Dec. 1ST, and the threshold for paying overtime has risen...as of that date any hours over 40 hours per week must be paid at time and a half...I have inquired as to what the company plans to do in my situation since I work so many hours...the answer I was given is that they aren't going to give me 8-9000 more annually to bring me above the threshold...they have said they probably won't pay the overtime...I have inquired about perhaps taking lesser pay and being paid overtime...my reviews are great and I left a better paying job because this was a dayshift job with better benefits...but I have done and do very little of what I was hired to do and what my job description entails...my manager also told me they might just roll me to a maintenance technician position at $3 less per hour...and hire another maintenance supervisor at less pay and exempt...something seems fundamentally wrong about this...this is a large private company who has had issues in the past of lawsuits where they required workers to put their fear on and take it off and give incoming shifts information off the clock...so I think the die has been cast...what are my rights and is this actionable?

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Marsha411JD

Doctoral Degree

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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

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Juris Doctor.

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Can a yearly bonus be taken back if I leave the position

can a yearly bonus be taken back if I leave the position after the money is given and in my direct deposit account?.I am employed in Massachusettes

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Infolawyer

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Juris Doctor.

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Not sure if this is age discrimination or not. I received an

Not sure if this is age discrimination or not. I received an email from my employer, General Electric, around June 1st, notifying about 268 employees that they are eligible for a Voluntary Incentive Retirement Plan, offering one half of annual salary for people who accepted the plan and elected to retire on July 31st. Although I had about two months to train someone, my boss considered my position critical and would not let me accept the retirement package, with no offer of any retirement package in the future. He wanted me to stay an extra couple of months, with no incentive to stay except my normal salary. Because I was ready to retire and saw no reason to stay, i elected to retire on June 30th. I have no idea if I was the only one who was refused this offer because HR would not let me know. I am 68 years old and was ready to retire. Do I have a case for receiving any compensation on my retirement?

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Samuel II

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Doctoral Degree

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TRYING TO FIND INFO ON BEING ON SALARY, IVE BEEN ON SALARY

IM JUSTING TRYING TO FIND INFO ON BEING ON SALARY, IVE BEEN ON SALARY FOR A FEW YEARS AND I WORK 12HOUR DAYS AND I WAS JUST WONDERING IF A EMPLOYER CAN DO THAT I WORK 6 DAYS A WEEKJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CALIFORNIAJA: Have you talked to a lawyer yet?Customer: NOJA: Anything else you think the lawyer should know?Customer: NO THAT WAS IT

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Infolawyer

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Juris Doctor.

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Is this ground case against Blue Cross Blue Shield MN? I

Is this ground for a case against Blue Cross Blue Shield MN? I worked at BCBS for 4 years. In my last 6 months I had a new manager who worked agressivly to get me to leave, I earned Exceeds Expectations for 3 1/2 years then in the last 6 months after reciveing a superior rating on all 3 of my annual goals, she gave me an overall rating (subjective) 'Needs Improvement" which prevented me form reciving the annual CIP performance bonus ($15,000. to $23,000). Two days later I was notified my position was bing eliminated in 60 days, Merch 25th. She then hired her former co-worker (same level as me) and smoking buddy from her prior company. My responsibilites were given to him and a few others. I am 64 he is 30s/40s as is the Manager. As of 5/31 I am at Anthem as a Performance Audit Manager. I filed an EEOC complaint - I recieved a response on 6/6/16 stating: Based on thier investigation they cannot conclude a voilation...This does not certify the respondent is in compliance...etc"

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Patrick, Esq.

Doctoral Degree

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