Can an employer or HR manager impose from an exempt employee
Can an employer or HR manager impose from an exempt employee to perform a specific set number of work hours per day? Would this request void the exempt status of the employee rendering that person to be classified as nonexempt? What are the pertinent labor laws and regulations regarding the reclassification to nonexempt from exempt as it relates to daily work hours performed? For example, John Doe, an exempt employee per his employment contract, is being asked to work nine hours per day. Would this ipso facto reclassify him as a nonexempt employee?
I worked for an employer for 18 months. (I am on H1B). My
Hi Wilson, Hi, I worked for an employer for 18 months. (I am on H1B). My offer letter saying I need to be there for 2 years from Feb-2015. I left after 18 months (July-2016). Now he didn't pay my last month (July-2016) salary and Arrears from April-2016. I followed up for 3 months, now he is telling I breach the contract of 2 years, so he is not going to pay. He shall check with his attorney on this then he will come back to me. He is telling his companies future plans and investment got loss as I didn't serve 2 years. Please suggest me how to proceed on this. He owe me almost 9000 USD. Offer letter saying if I left early, I need to pay 416$ for each month I left early. Here it is 6 months early. But is the offer letter binding of labor is legal or not? My employer firm is in Atlanta, GA.Regards,Sai.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Atlanta, GAJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: what is the chargesJA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: rest means how much it will be?JA: It's only $5.Customer: ok please proceed
I'm an Assistant Principal in a private (Catholic) Texas
I'm an Assistant Principal in a private (Catholic) Texas grade school. I recently had a dentist appmt scheduled and was told by our new Principal I would have my wages docked a half day or I could use my vacation time. I thought a private employer in the state of TEXAS could not dock an exempt employees wages for missing a few hours in a day. I routinely work 50-60 a week (often working Saturdays).Next... last school year (2015-2016) our then principal took deathly ill July 1st while I was on vacation for one week of my four weeks scheduled. Upon my return I found the principal hospitalize with ovarian cancer. For the next five weeks I worked with the principal from her hospital bed getting the school ready to open. On the first day of school Aug18...the principal passed away and I was asked by the Parish Priest if I would do BOTH jobs until he could find a new principal. I agreed to do so. In May 2016 a new principal who has no principal experience was hired. I did his orientation and worked thru the summer getting changes he wanted implemented...I missed again my four weeks of vacation. I feel I'm due 7weeks of vacation...what do you think?Linda age 68, Fort Worth, TX
I am a participant in my employers profit sharing plan. I am
I am a participant in my employers profit sharing plan. I am paid an annual salary plus an annual commission which is a flat percentage of revenue I bring in to the business. Each year my employer deducts the amount he contributed to my profit sharing from the total commission I am due. For example if my commission is 40k this year and he contributed 10k to my profit sharing then he will only pay me 30k in commission. Is this legal? I am the only employee who receives a commission (I am the only employee who generates revenue besides the owner). All other employees receive profit sharing without any deduction to their salary.
I received a notice of termination today from my employer
I received a notice of termination today from my employer that stated the cause of termination is "Restructuring of the organization and your position is being eliminated." I also received a Severance Agreement and I'd like to have an employment law specialist review the document before I sign it and accept it's terms. How much will that cost me?
I am a 40+ year Associate with a Department of Defense
I am a 40+ year Associate with a Department of Defense agency. Two years ago I wrote a letter to the District Manager of HR concerning issues I was experiencing in the work place and stated that it was becoming a hostile work environment for me. At that time I was working overseas and had been offered a job to come back to the USA which I accepted, I was due to transfer out the first week of March. The only response to my letter was I would be moved out sooner and was sent back 3 months ahead of schedule. In all my years with the company this was the first time for me. I have never been disciplined or been written up for an offense.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Last week Thursday Oct 13 one of the managers in charge of our operation ask me what I thought were my chances for advancement were and I said not good because since I got back to the US and my current position I have not been treated like a manager in my position should be. I have been passed over for training and schools that I am qualified for. This manager told me yes that is true, I was being blamed for many things that happened at my former position. This only started after I wrote the letter of complaint. No one had any issues with my work before that. In fact I ask the manager why no one questioned me about any of the problems I so call created. Virginia is where I am currently working. I was working in the Middle East when this happened for a US Department of Defense company.JA: Is the employment agreement "at will," union, full time or part time?Customer: I am a full time salaried Manager.JA: Anything else you want the lawyer to know before I connect you?Customer: I really don't know where to start or if I have an recourse.
I have few questions regd employment, NJ, no not yet.... I
hiJA: Hello. How can we be of help?Customer: I have few questions regd employmentJA: What state are you in? It matters because laws vary by location.Customer: NJJA: Has anything been filed or reported?Customer: no not yet....JA: Anything else you want the lawyer to know before I connect you?Customer: I work as an independent contractor to some 'X' company. They are holding my two months salary and they are from Missouri. My client location is in NJ. What kind of help I can get? I would like to take this legally with help of lawyers from NJ state....
I am a salaried employee for a US Corporation. I always
Greetings, I am a salaried employee for a US Corporation. I always qualify for a quarterly bonus, which by precedent and Company publication, is paid on the 2nd payroll of the month following quarter's end. New Manager failed to file the report timely (even after my documented attempts for him to do so), so now the bonus is slated for the pay period of the following month. This will cause me financial hardship. what are my legal options?
Counselor at Law
I have made an appeal for a medical short term disability
I have made an appeal for a medical short term disability claim against a decision by CIGNA that I do not agree with. Does engaging a lawyer to handle the communication of the appeal increase my chances for a reversal of prior decision. Money on the table is around $20K in CIGNAs or my favor. Please advise. Thanks!