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I am an exempt employee who has taken intermittent leave to

Hello. I am an exempt employee who has taken intermittent leave to attend to two medical issues. My management has informed me that I must take PTO or make up the time missed for Drs appts. I was told that if I didn't the I could be considered to have an attendance issue. I can understand taking time for complete days or even half days.JA: OK. To minimize me, please click the down arrow at the top right corner of this box.Customer: But I am confused as to how they can 1) consider fmla appts against me since they are protected by law.and 2) deduct pay for appts by the hour if I am an exempt employ.JA: Have you documented this or discussed it with HR?Customer: Yes. Further more,JA: Is the employment agreement "at will," union, full time or part time?Customer: at willJA: Anything else you want the lawyer to know before I connect you?Customer: Furthermore how can the time missed be counted against my total entitlement when I took PTO?

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John

Attorney

Doctoral Degree

9,024 satisfied customers
I'm trying to figure something out. If I worked for HR of a

Hello. I'm trying to figure something out. If I worked for HR of a company, as an Executive, and I work 50 hrs a week, am I legally obligated to pay myself overtime even if I dont want it?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: At Will, though it requires full time work.JA: Anything else you want the lawyer to know before I connect you?Customer: Also wondering if I fit within exempt pay range currently and could simply do salary to avoid this.

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John

Attorney

Doctoral Degree

9,024 satisfied customers
For fmla can we deny it and request appropriate paper work

For fmla can we deny it and request appropriate paper work from the employee if the documents the doctor sent were not applicable and request specifics be answered in the fmla documents that the doctor didn't answer? If our employee is a key employee a HR manager can we deny them back because it puts the company in a position that we can't leave that position open and we need to replace someone in it ?Under certain circumstances, an employer may deny job restoration to "key employees." A "key employee" is a salaried, FMLA-eligible employee who is among the highest paid 10 percent of all the employees employed by the employer within 75 miles of the employee's worksite.

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John

Attorney

Doctoral Degree

9,024 satisfied customers
I was Changed from a salaried employee to an hourly employee

I was Changed from a salaried employee to an hourly employee and no one notified me of the change... is that legal?JA: Have you documented this or discussed it with HR?Customer: According to my pay check stubs the change was made in November, I didn't catch until a few weeks ago, I brought it to my bosses attention today and she ended up writing me a check for compensation owedJA: Is the employment agreement "at will," union, full time or part time?Customer: Full timeJA: Anything else you want the lawyer to know before I connect you?Customer: I asked her why was I not notified of the change, and she said she didn't think it made sense to have me click in and out, however, in looking back she has docked for an hour here and there but never paid me for extra hours or time worked from home

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John

Attorney

Doctoral Degree

9,024 satisfied customers
What is the definition of an exempt employee in Chicago, IL?

What is the definition of an exempt employee in Chicago, IL?JA: Is the employment agreement "at will," union, full time or part time?Customer: Full time, salaryJA: Anything else you want the lawyer to know before I connect you?Customer: I do not receive benefits or sick days

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

115,354 satisfied customers
Employer trying to force all employees to sign new contract

Employer trying to force all employees to sign new contract eliminating all bonuses. Bonuses are given bases on amount of work done. Bonuses were given from day one of employment (have been employed with company 9 years) and were represented to employees that bonuses were given in lieu of raises and were to be considered as part of salary. Bonuses were given monthly at end of month for prior months work.

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John

Attorney

Doctoral Degree

9,024 satisfied customers
My Company is a physical therapy (PT) practice with 10

Good afternoon.My Company is a physical therapy (PT) practice with 10 locations in OR. We have a very generous Employee Courtesy Discount Benefit Program which allows all employees to seek PT services from our clinicians, Employees are only responsible for a $25 co-pay at the time of service. This co-pay is based on our current company-sponsored benefit plan, (If an employee is covered under another group plan, they would pay the required co-pay under their plan or the $25 co-pay, whichever is less). Normally, the employee would be responsible to pay the portion that gets applied towards the annual deductible under the plan. So even though the Company bills the insurance company, we do not actually charge the employees for their deductible charge, which explains the discount. Once their deductible is "met," the employee is no longer responsible for the co-pay for further PT services.The Company has three owners who are covered under the Company-sponsored medical plan. They are paid through payroll and pay their of the premiums like all other employees on the plan. We are considering to waive the co-pay for PT services (as described above) provided to them. The primary reason is that as owners, they are contributing the entire employer-share of the premiums which equates to about 80% of the cost. As we are a company that adheres to compliance concerns, we just want to make sure that waiving the co-pay for the owners is legit.Thanks,Pamela

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

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How do we protect ourselves as a small business employer

How do we protect ourselves as a small business employer firing an outside sales employee. He has missed work due to alcohol, a customer said smeled of alcohol when came to their business, other performance problems. However, he is 62, just told us about a heart condition and needs our insurance. Could we pay his Cobra insurance for 6 months but still fire him? Do not want to be accused of age discrimination or anything else. Coming up on 2 years with us and have performance problems all along. Coaching not working.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ArizonaJA: Is the employment agreement "at will," union, full time or part time?Customer: At will, full time salary.JA: Anything else you want the lawyer to know before I connect you?Customer: That's about it

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John

Attorney

Doctoral Degree

9,024 satisfied customers
I received a release from my employer that they demand I

I received a release from my employer that they demand I sign or I could be terminated. They say it is for a MVR but the release itself is much broader including both investigative consumer reports. I feel this is much too broad and unfettered access to any information they choose to search and not part of my job.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: arkansasJA: Is the employment agreement "at will," union, full time or part time?Customer: full time, salary, and I believe Arkansas is an "at will" stateJA: Anything else you want the lawyer to know before I connect you?Customer: The form is from a company called Universal Background Screening and I am employed by Acadia (a national mental health company). I am a licensed professional counselor.

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ScottyMacEsq

Doctoral Degree

24,106 satisfied customers
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