Anthony J Pantuso III's Answers

I was hired as a non exempt employee and with out my knowledge my manager changed my status to exempt, excluding me from ot

Whether or not you are an exempt employee who is not entitled to overtime depends on several factors, including whether or not you are paid on a salaried basis and the nature of your duties. Only if your position meets all of the requirements of an exemption can you be denied overtime.

Can my employer require me to clock out when there are no patients for me to serve and back in when there is?

Whether or not a practice such as this is permissible depends upon whether, and to what extent, your employer exercises control over you during the time you are clocked out. For example, if you are free to leave the premises and attend to personal business during the time you are clocked out, it probably is okay. If, however, you are required to remain available for work (for example, if you must stay at the office in case an emergency patient comes in), then, depending on the circumstances,...

Employer wants employee to collect umemployment benefits and still work for them 40 hours until company is doing better.

If you are being paid by the employer while still collecting unemployment, you personally would be violating the law. Not only could you be subject to an order from the Department of Labor to repay all unemployment benefits received, you could possibly face criminal charges. If the employer wants you to work for free and collect unemployment instead of pay, the employer is violating the law. Under both state and federal law, an employer is required to pay you at least minimum wage for all...

Can I sue my boss (MD)?

As a general rule, if your employer is engaging in unwanted conduct of a sexual nature, he may be violating federal or state laws against sexual harassment. As for the rest of your question, it's hard for me to say more without knowing more details. (Please keep in mind that, by providing a general response to your question I am not providing you with legal advice nor entering into an attorney-client relationship with you.)

Does an employer have to share salary caps with Employees?

As a general rule, unless there is a collective bargaining agreement in place, an employer is free to set its employees' compensation however it sees fit (as long as it is complying with minimum wage and overtime laws). An employer also does not have to disclose salaries for particular positions to anyone except the persons in that position. (Please keep in mind that, by providing a general response to your question I am not providing you with legal advice nor entering into an attorney-...

Can an employer get away with paying HALF time for overtime pay?

It sounds as if your employer is using something called the "fluctuating work week" method of paying overtime. This is a method that is approved by the US Department of Labor , and set forth in Title 29, Section 778.114 of the Code of Federal Regulations. In order to be permissible, your hours must fluctuate from week to week (in other words, some weeks under 40, some weeks over 40); you must receive a fixed amount every week as straight time pay for all hours worked, even if you work fewer...

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Can an employer threaten the jobs of current employees if they testify during an unemployment hearing against the employer

While I am not a Pennsylvania attorney, in most states such threatened retaliation would be illegal. You would need to consult with a lawyer in Pennsylvania for a more specific answer about what your options might be under these circumstances.

Is my Employer breaking labor law set by ADA by not allowing me a reasonable accommadation to some health issues I have

Have you had any discussions with your employer about possible accommodations for your disability? If your health condition qualifies as a "disability" under the Americans with Disabilities Act, your employer is required to engage you in an interactive process to identify any reasonable accommodations that would permit you to continue to perform the essential functions of your job. In some circumstances, failure to engage you in this interactive process could itself be a violation of the ADA.