http://www.expertlaw.com/forums/ Issues including setting of hours and schedules, employee compensation for time worked, benefits and payment issues. en Wed, 19 Jun 2013 12:39:02 GMT vBulletin 60 http://www.expertlaw.com/forums/images/misc/rss.png http://www.expertlaw.com/forums/ http://www.expertlaw.com/forums/showthread.php?t=160182&goto=newpost Wed, 19 Jun 2013 11:54:40 GMT My question involves employment and labor law for the state of: Connecticut I work for a very small company, one owner, and one other employee... My question involves employment and labor law for the state of: Connecticut

I work for a very small company, one owner, and one other employee besides myself. It's a new company, only been open since January 2012, I started in May of 2012. A few weeks ago, I had to sign for 4 very thick certified letters from the IRS for my boss. They were sitting on my desk for awhile, and I may have happened to see some of the verbiage through the envelope. They were payroll tax related - he owes over $20k, and basically did not pay any payroll taxes on me or my colleague. I figured he'd give it to his accountant and they'd work it out.

Fast forward to yesterday, I got a call from the accountant looking for my boss. I took a message, and basically was "Tell him he needs to let me know if he's ever taken care of the Payroll and Sales tax issues yet." Which leads me to believe he never paid sales tax on any of our services either....and all of this is just for the 2012 tax year!

I did receive a W-2 and filed my taxes back in February, so I have proof that everything was withheld. But when I checked my social security statement yesterday, it doesn't show that any of my wages from this job were reported!

I don't know exactly how to proceed. Obviously I'm afraid that he's going to get shut down, but on top of that, if he hasn't paid any taxes I'm not going to be able to collect unemployment. He doesn't know that I'm aware of what's going on - should I just confront him on the basis of "my social security statement says that my wages from here were unreported.." and see if he comes clean?

Any help would be much appreciated! ]]> Compensation and Terms of Employment AshCas http://www.expertlaw.com/forums/showthread.php?t=160182 http://www.expertlaw.com/forums/showthread.php?t=160181&goto=newpost Wed, 19 Jun 2013 11:28:50 GMT My question involves employment and labor law for the state of: Indiana My husband informed me that his employer will be implementing a new... My question involves employment and labor law for the state of: Indiana

My husband informed me that his employer will be implementing a new process for payroll which will only provide wages to be paid via direct deposit or a payroll debit card. My husband is very old school and has always received a paper check. Does an employer have to provide a paper check as an option? Will the employer have to provide a paper document or electronic means to view a payroll stub? What if the debit card is not free of transaction fees? I feel that would reduce their wages because the employee would have to pay a fee to access their earnings.

Any information on this issue would be very helpful as I would like to inform my husband of what he should be asking the employer. Thanks. ]]> Compensation and Terms of Employment griffism http://www.expertlaw.com/forums/showthread.php?t=160181 http://www.expertlaw.com/forums/showthread.php?t=160146&goto=newpost Tue, 18 Jun 2013 19:17:52 GMT My question involves employment and labor law for the state of: Ohio I am a salaried nurse required to take 30-40 hrs of on call time a month for my... My question involves employment and labor law for the state of: Ohio
I am a salaried nurse required to take 30-40 hrs of on call time a month for my job with a medical group. I carry a pager and when called, I am expected to report within 20 minutes to an Emergency Room. The shifts are M-F 5PM-12AM and/or weekend 8AM-12AM. I can't go anywhere outside the 20 min loop and I have to get a babysitter for my children during this time period because I can't take the time to take them somewhere first before I go into the Emergency room. I am only compensated if I am called in. Is this legal? Should they be paying me an hourly call pay? ]]> Compensation and Terms of Employment ohio1295 http://www.expertlaw.com/forums/showthread.php?t=160146 http://www.expertlaw.com/forums/showthread.php?t=160142&goto=newpost Tue, 18 Jun 2013 18:21:44 GMT My question involves employment and labor law for the state of: CA So the company I work for (ABC, Inc) has a wholly owned subsidiary (XYZ, LLC):... My question involves employment and labor law for the state of: CA

So the company I work for (ABC, Inc) has a wholly owned subsidiary (XYZ, LLC):

1) If an employee of ABC does work for both ABC and XYZ, do they need to get a separate paycheck from each?

2) For that matter, should they also have a separate employment agreement/contract for each company?

Thank you and let me know if more details are needed. ]]> Compensation and Terms of Employment LAWwaldo http://www.expertlaw.com/forums/showthread.php?t=160142 http://www.expertlaw.com/forums/showthread.php?t=160105&goto=newpost Tue, 18 Jun 2013 03:16:14 GMT My question involves employment and labor law for the state of: Oregon My husband has worked for a small business for almost 5 years. Recently he... My question involves employment and labor law for the state of: Oregon

My husband has worked for a small business for almost 5 years. Recently he asked us to relocate 3 hours away so my husband could manage a new shop that his boss just opened. I realise now we should have got more things in writing. First of all, he said he would pay moving expenses, then when it came down to it he only gave us $1000 which didn't even cover half of the expenses. Secondly, he said husbands starting salary would be $50,000 per year, and increase if business was good. However last minute, after we had already found a new house and gave our old property managers our move out notice, he decided he would only pay $39,000 and then increase his wages each month, over a period of 6 months, until it reached $50,000. We were a little upset to say the least. We have now been here for 3 months and he has yet to see a raise. Business is bad and his boss is losing money at this new shop, but that shouldn't be our problem. I believe he is considered non exempt because he is the only employee at the shop, there are no other employees. So he isn't exempt right? Also, his pay stub says 160 hours per month, for salary of 3250 each month. However, he usually works 200-240 hours per month.And finally, we just had a baby and his boss said to go ahead and take a week off, his boss came and worked here while my husband was off. But my husband did not get paid for that week off, it said 120 hours on paystub. Okay so this sounds wrong right? What can we do? ]]> Compensation and Terms of Employment frogs http://www.expertlaw.com/forums/showthread.php?t=160105 http://www.expertlaw.com/forums/showthread.php?t=159999&goto=newpost Sat, 15 Jun 2013 00:50:11 GMT My question involves employment and labor law for the state of: Oklahoma Sorry if I am a little long winded. Recently my company demanded... My question involves employment and labor law for the state of: Oklahoma

Sorry if I am a little long winded.

Recently my company demanded mandatory overtime during the Memorial Day holiday week. Our work week is Saturday - Friday.
We are paid double time if we work on a company designated holiday which Memorial day is. Our department is 24/7 and treats holidays as normal work days if you are scheduled to work on that day of the week. It is a call center, but not a 911 type of call center.

That week I worked a total of 44 hours.

Sat --- 9 hrs
Sun --- 9 hrs
Mon --- 8 hrs (Holiday)
Thur --- 9 hrs
Fri --- 9 hrs

When I recieved my check I found that they had payed me double time for the holiday hours and straight time for the rest. I objected. They told me that since they had paid me double time for the holiday they did not have to pay me for the actual overtime on top of it.

I had always thought that while it was nice to be paid double time on the holiday, that did not allow them to refuse to pay for actual overtime hours worked. If I had only worked my normal shift, they would have paid me double time for the holiday.

Should I have been paid for the four hours of overtime? ]]> Compensation and Terms of Employment underwoodle http://www.expertlaw.com/forums/showthread.php?t=159999 http://www.expertlaw.com/forums/showthread.php?t=159961&goto=newpost Fri, 14 Jun 2013 02:06:23 GMT My question involves employment and labor law for the state of: California.

I work as a W-4 employee as an "account executive" (that's my title). When I was hired a couple months ago I was told I would get commission or $8/hr depending on which was greater. I had a week where I made no sales so I knew my check would be smaller, but I found I was not paid the $8/ hr. When I brought it to the attention to the Sales Manager (my direct supervisor) he told me I was commission only and that if I didn't make sales I didn't get paid. That doesn't seem legal to me.

I work in house in their "marketing department" and do not have the ability to work from home or any other location. I also learned that there is no method for keeping track of the hours I have worked.

At this point I am at a loss for what I should do. Any answers are greatly appreciated. ]]> Compensation and Terms of Employment krystalinn http://www.expertlaw.com/forums/showthread.php?t=159961 http://www.expertlaw.com/forums/showthread.php?t=159775&goto=newpost Mon, 10 Jun 2013 14:49:55 GMT My question involves employment and labor law for the state of: Tennessee Hello, I am working for a business in Gatlinburg, TN as an hourly... My question involves employment and labor law for the state of: Tennessee

Hello,

I am working for a business in Gatlinburg, TN as an hourly employee. I've been working quite a bit of overtime lately, except I am not receiving time and a half. Is this legal? I am receiving a normal paycheck from the business with 40 hours on it...and the remaining overtime hours is paid with a check from a different company (another business they own in a nearby city). I have never worked in this store, nor have I even been in it before but my overtime pay is being paid by them and not at time and a half.

Something seems wrong with this and that this is illegal from what I can find online. I have found this:

Also, under the Tennessee "WHISTLE BLOWER'S LAW", the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. This law may be found at Tennessee Revised Statutes Title 50-1-304.

However I am still scared about telling my employer about this and bringing up my concerns for fear of being fired. I really need this job. I am suppose to be receiving 2 W2's at tax time, but again, I only work for this one business. I have tried to go to the TN dept of labor's website to file a complaint but saw this:

Tennessee has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. The United States Department of Labor's Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees. Further information concerning these matters may be found at the WH division of the Department of Labor web site.

Hiring an attorney is out of the question due to my finances, I am only about 80 hours of overtime I have not been paid for so far.

1. Is this illegal? My boyfriend says it is a violation of labor law (and tax fraud for how they are paying me off of another business' books).
2. Can you point me in the right direction for making a complaint if this is illegal? I've always been paid overtime in the past from previous employers and I feel I am being cheated. But I can't find where to submit a complaint at.

Thank you so much for any info you can provide. ]]> Compensation and Terms of Employment themagicone2 http://www.expertlaw.com/forums/showthread.php?t=159775 http://www.expertlaw.com/forums/showthread.php?t=159747&goto=newpost Sun, 09 Jun 2013 20:20:18 GMT My question involves employment and labor law for the state of: Massachusetts. I am currently a salaried employee of a large Massachusetts... My question involves employment and labor law for the state of: Massachusetts.

I am currently a salaried employee of a large Massachusetts employer. Our incentive compensation program is "an important part of our overall compensation plan" and is payable on a prorated basis to "Active and Retired" employees.

I am retiring at age 51 and even though I worked at the company and contributed to its success for the first 6 months of this year, they are claiming that I am not of their retirement age of 55; therefore, I will not receive a bonus for my 6 months of employment. I am a manager and did give a prorated bonus to an employee earlier this year that retired at age 62 last July. I'm sure he was pleasantly surprised by this payment 9 months after he left the company.

Am I missing something, or is there a bit of age discrimination in this policy being that if I was 55 I would be "entitled" to the bonus money? This is not a small amount as it would be approximately 10% of my annual salary.

My question is do I have a valid concern here and should I address the issue with my senior manager, HR or employee relations.

Thanks ]]> Compensation and Terms of Employment ERE http://www.expertlaw.com/forums/showthread.php?t=159747 http://www.expertlaw.com/forums/showthread.php?t=159685&goto=newpost Sat, 08 Jun 2013 00:19:17 GMT My question involves employment and labor law for the state of: new york Hi, I have a friend who is working at a clinic and is being in cash/check... My question involves employment and labor law for the state of: new york
Hi,
I have a friend who is working at a clinic and is being in cash/check sometimes.
She has worked for about 1 1/2 years and was being paid in check in the beginning.
She was always paid a bit late but still paid. She quit recently.
Currently the employer owes her around $3000. He is showing no signs of paying and is avoiding trying to pay her.
He is claiming she has been doing community service and she hasn't been paid for her work in the past 3 months.
After 12-13 months her employment, the checks starting bouncing and I requested for her to get cash only payments.
She records her hours worked on a timesheet but there is no signatures or anything.
She plans to sue and I'm wondering where is the best place for this. A small claims court or getting a lawyer to sue?
What can be used as evidence?

Thanks. I really appreciate any and all help. ]]> Compensation and Terms of Employment needadvice19 http://www.expertlaw.com/forums/showthread.php?t=159685 http://www.expertlaw.com/forums/showthread.php?t=159488&goto=newpost Wed, 05 Jun 2013 14:08:11 GMT My question involves employment and labor law for the state of: NY I have two questions related to a former employer. Is it legal in the state... My question involves employment and labor law for the state of: NY

I have two questions related to a former employer.

Is it legal in the state of NY for an employer to deduct 15 minutes of time for every 2 minutes you are off on the time clock? This often results in employees working more than a 35 hr work week, yet getting paid as if they worked less than 35 hours.

I never heard of this practice before this employer and would hate to think it is legal in NY State.

Granted, the issue is one that attacks a very fixable flaw (Just be on time), but 2 minutes? Really?

For instance: Is it fair (or legal) for an employee to have worked over 38 hours in one week yet because of traffic on two days resulting in being 3 minutes late on one and 6 minutes late on the other with an errand during lunch taking longer than expected resulting in an extra 3 minutes - a net 12 minutes late causing that employee to be docked an hour and a half?

Also, if there is an agreement for a base salary instead of the typical base plus commission, is an employer legally able to to reduce this to clock hours in order to institute the 2min for 15? This is particularly onerous on the sales team as they often put in over 40 hours per week - when you consider travel, they are not compensated for weekend time and still get docked if they are late to the office after a trip.

Any input would be appreciated prior to a few of us getting in contact with NYSDOL.

Thanks ]]> Compensation and Terms of Employment cjbovgrond http://www.expertlaw.com/forums/showthread.php?t=159488 http://www.expertlaw.com/forums/showthread.php?t=159444&goto=newpost Tue, 04 Jun 2013 18:11:35 GMT My question involves employment and labor law (wage & hour) for the state of California where this person is an undocumented immigrant, and had been working using someone elses social security number.

He was denied his meal and rest breaks, and brought a lawsuit which then settled. As part of the settlement, he had to provide his w-4 and w-9 information to the defendant before they gave him wages.

He, submitted a w-4 and w-9 form in which the social security number did not match what the defendants had on file. At this time, plaintiff's counsel became aware that client was undocumented.

How should plaintiff's counsel proceed forth? The client has neither a valid social security number nor tax id; similar to the social security number, the tax id the client uses also belongs to someone else.

I would appreciate any help on this question.
Thanks! ]]> Compensation and Terms of Employment Corey78 http://www.expertlaw.com/forums/showthread.php?t=159444 http://www.expertlaw.com/forums/showthread.php?t=159438&goto=newpost Tue, 04 Jun 2013 16:35:51 GMT My question involves business law in the state of: Massachusetts
Here is the scenario:
The owner of a clinical testing laboratory (we'll call it XYZ Labs) tells an employee (employee A) that he will receive 20% of revenue generated from any new clients that he can recruit to submit samples (blood, urine, etc) to the laboratory. Employee A calls a local rehab program and convinces them that they should send their urine samples to XYZ labs. The rehab program starts sending 20 samples per week to the lab. The lab processes the samples and bills the appropriate insurer(s) who pays for the sample processing. Employee A then receives 20% of the money received from the insurer(s). Is this legit?
Thank you in advance for your advice. ]]> Compensation and Terms of Employment Andoverman http://www.expertlaw.com/forums/showthread.php?t=159438 http://www.expertlaw.com/forums/showthread.php?t=159337&goto=newpost Sun, 02 Jun 2013 22:18:26 GMT My question involves employment and labor law for the state of: Colorado

I hope I am posting this in the right section. I wasn't sure.
I work for a company in Colorado that sends some of their employees to North Dakota for work. The schedule is two weeks in ND and one week in COLO. Ive been doing this since Feb of this year, but have worked for the company for over five years. I've earned three weeks vacation every year, if I don't use it all, I can cash it in. While in ND, I asked my manager for a week of vacation this month, he replied saying "If you take any vacation while in ND, you are forfeiting the remaining two for the rest of the year" This was news to me. This information was not disclosed to me prior to the decision to head up to ND. So this is where I am at, whether I stay up here on this rotation or whether I decided to work locally again within this year, I'd have lost two weeks vacation, just for taking the one while on the North Dakota rotation. And from the rumors I am hearing, you will not even be able to cash in. So, I am taking this week vacation(it's something I really have to do!), I will be forfeiting two weeks off paid, that's 108 hours @ over twenty dollars an hour, gone. This does not sit well with me and seems illegal. I am not sure if I should contact Human Resources but I am pretty sure talking to my managers will be unproductive. I think they are using this as leverage to keep us from taking any vacation on the ND rotation so they won't have to find a replacement. There aren't many volunteers for the rotation as many like to stay local. I am beyond upset. Ive been a very dedicated, hard working employee and never a bother. But I really would hate to see them get away with something if it's illegal, stops me from earned time with my family and/or the 108 hours in green.
Well, there is my problem. Does anyone know if this is legal or any advise on the matter?
I would greatly appreciate it.

-T (by the way, I'm using wife's account) ]]> Compensation and Terms of Employment christisbrown http://www.expertlaw.com/forums/showthread.php?t=159337 http://www.expertlaw.com/forums/showthread.php?t=159205&goto=newpost Thu, 30 May 2013 17:30:42 GMT My question involves employment and labor law for the state of: Indiana My employer pays me 17.00/hour I have a take-home company vehicle and a... My question involves employment and labor law for the state of: Indiana

My employer pays me 17.00/hour
I have a take-home company vehicle and a credit card only for fuel

I am required, every day, to travel from my home, to my office, to retrieve equipment. I then drive 1 hour to a job site to work an 8 hour day. At the end of the day, I'm required to travel 1 hour, straight to the office to drop off time-sensitive samples and the equipment I picked up at the beginning of the day. I then travel 2 miles to my house and park my company vehicle for the night.

My employer pays me for 40 hours of work on a paycheck with taxes taken out and benefits deducted ect...

I get a separate check for $175.00 with no taxes withheld, this check is called "travel compensation"

I believe my employer should be paying me for 48 hours of work each week totaling $935. ((40 hours x 17.00) + (10 hours x 25.5))

Instead I get $855.00 (40 hours x 17.00 = $680) + ($175 travel money)

I feel like I'm being shorted, I'm also concerned about the $175 of untaxed income I'm receiving each week.

Is my employer breaking the law? I know this would be different if I was traveling straight from home to the job site each day, but I'm not, I'm going to the office first. I feel like the clock should start when I get to the office and begin loading equipment and it should end at the office when I unload the equipment. ]]> Compensation and Terms of Employment JakeGreen http://www.expertlaw.com/forums/showthread.php?t=159205