Once a year under day light savings time in the fall, we have a 25 hour day when we change to standard time. Which would give us a 169 hour work week once a year, with an offsetting 167 hour work week in the spring when we "spring forward".
Agreed with the other answers. The key is WHY you are being paid differently. You can claim that the reason is racially motivated, meaning a Title VII violation, but claiming does not necessarily make it so. The employer is allowed to present a different story, and the judge/ALJ can always like...
Also not expert in HIPAA law, but I have several thoughts.
- To violate the HIPAA law, the party handing out the information has to give out too much information, not too little. HIPAA is fine with giving out no information even if HIPAA is not an impediment.
- The privacy provisions in...
Depends on the employer. Not all employers are rational. I worked for one that was not. I worked for one that had a Controler who considered any time anyone disagreed with him for any reason to be a direct personnal attack on him. He made the Chucky doll from Child's Play look positively Zen in...
Agreed. Just to be clear, even if/when the state does not allow the deduction, the employer can still take the employee to court and try to recovery through that method.
Agreed. Past that, deducting something from a pay check and taking someone to court are two very different things legally. Many states have restrictions on the employer unliterally taking deductions with no due process. However, in all states it is perfectly legal for the employer (or anyone...
In general:
- If an employee is both Exempt and Salaried, then "hours worked" no longer become legally meaningful because those employees are not paid based on hours worked. Not all Exempt employees are paid on a Salarid Basis and not all employees paid on a Salaried Basis are Exempt.
- For...
"Appalled" is a good word. However, apparently the employer had a specific policy against this, and if the nurse had done CPR in violation of the policy, a terminatin would arguably be legal. For whatever it is worth, CA has a "good samaritan" law, which should in theory protect anyone giving...
This might fall under NY's domestic service exception just mentioned. Domestic service has unfortunately been one of the traditional overtime exceptions going back pretty much forever. If federal DOL actually makes the change it will be huge. For whatever it is worth, federal DOL used to have a...
Agreed. Past that "Exempt" is a federal law (FLSA) concept. FLSA requires most employees to be paid minimum wage and overtime. Under FSLA, if an employee is Exempt, it means that they fall under one of the 100 or exceptions defined in FLSA. All Exempt means is that the employee falls under on...
If we are talking about federal law (FLSA) only, then under the current rules ( 29 CFR 552.109(c)) you are Exempt from overtime. Example Bob does what you do and works 60 hours this workweek. Under FLSA, Bob is entitled to 60 hours @ $7.25/hr) but no overtime premium...
Stock options are complicated.
- Almost anything can fall under ERISA. Just fund it through an outside trustee and you have involked ERISA. Certain types of benefits (retirement plans including 401(k) and medical plans) must be ERISA, but other types of benefits might be ERISA.
- ERISA is...
If we look at the OP's quote, the ad is very specifically mentioning things prohibited by a law called Title VII. The age discrimination (should it occur) would be a law called ADEA. Point of fact, there are a lot of laws and most employers do not bother listing of the laws they are not going to...
Agreed. In a few situations, the employer cannot legally keep quiet. A child care provider with a pedophile former employee for example.
Also, I would not assume that all medical information is with certainty confidential. If (for example) you are a hosptial and the employee in question is a...
Worker classification (independant contractor vs. employee) is a function of statutory law. If you are suggesting that under law you are likely an employee, I am inclined to agree with you. However, last I checked, I am not the government and theirs is the only opinion that matters. If we are...