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Neil Hyman’s Answers

91 total


  • Massachusetts overtime pay

    My girlfrins works at a day care and gets paid biweekly...she worked 30 hours in one week and 50 hours the next week....so her payckeck said 80 hours at regular pay...i thought it should have been 70 hours regular pay and 10 hours overtime pay due...

    Neil’s Answer

    She should be paid time a half for any week in which she works in excess of 4 hours. Her employer cannot accumulate the time and total it out at 40 regular hours. You should contact an attorney about an Overtime claim under the Fair Labor Standards Act.

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  • FMLA for part time employee

    Can my employer limit my approved FMLA time off to 47 days instead of the 12 weeks stated on the doctor's forms?

    Neil’s Answer

    If you have been employed for 12 months and worked at least 1250 hours in those 12 months, you are entitled to the full amount of FMLA leave.

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  • If my 2 weeks notice period ends immediately prior to a previously-scheduled vacation, do I forfeit my vacation?

    I have worked at my company for over a year now without more than 1 day off at a time on 4 separate occasions a few months apart each. I have accrued about 2 weeks paid vacation, and a month ago, I scheduled myself for one week off, from 8/23-8/27...

    Neil’s Answer

    Are you required by some written company policy to give two weeks of notice prior to leaving your job? If so, you need to consult that policy and give your notice accordingly.

    In any event, you should be paid your accrued vacation following your last day as an employee. You should not be required to forfeit leave time that you have earned while employed.

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  • Can an employer dock a days pay?

    Store is hourly paid, employees are not commision, sale was not made, customer was unsatisfied, employer docked employee a days wages.

    Neil’s Answer

    If you are an hourly employee, you must be paid you regular hourly rate for all hours worked in a week. I do not believe it is proper for your employer to dock you a day's wage under the circumstances you describe.

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  • Is it legal for landscaping/snow plowing company to not pay overtime claiming its seasonal

    My son works for a landscape company and they do not pay overtime because they claim they are exempt. I have asked Federal Wage & Hour and Indiana Wage and both keep referring me to the other! I understand some companies are exempt from paying ove...

    Neil’s Answer

    If your son is working more than 40 hours in a week, he is entitled to be paid overtime at 1.5 times his normal hourly wage and that payment must be made within the normal pay period immediately following when he worked the OT. There is no exception or other law that allows the employer to save it and pay it later. There a exemptions and exceptions to this rule, but it is unlikely that the employer and your son are covered by any of these. I urge you to speak to an attorney in Indiana who is knowledgeable about wage and hour issues.

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  • Employment Agreement

    Does an employment agreement survive a bankruptcy? My parent company filed for bankruptcy last year. As part of the bankruptcy process, a new entity was created and is now owned by the former lenders. (Previous owners are gone as part of the "...

    Neil’s Answer

    The answer to your question depends on what the new owners acquired when they purchased the company. If they simply acquired the stock of the old company, the non-compete might not be enforceable. If they acquired the assets, the non-compete would likely be included in that acquisition and may still be enforceable. There is still a question about whether the non-compete is enforceable at all, depending on the actual language and the proposes restrictions. You should have an attorney review this matter and advise on the enforceability of the non-compete.

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  • Do I get paid for being On Call?

    I worked for a company for 3 years where I was an hourly employee but required to be on call many times a month. I was required to cover any call outs or if the company got busy. This made it virtually impossible to make any plans on the days I ...

    Neil’s Answer

    Depending on the nature of your job and the frequency and duration of your call schedule, you may be entitled to payment for the time you were on call.

    I urge you to contact an attorney to discuss whether or not you are entitled to any wages and/or overtime.

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  • I got a letter from an attorney demanding that I no longer contact an employee of mine.

    This is a contractor who worked for me for 3 1/2 years, his last timesheet was 7/17/10. I didn't get a time sheet from him for 7/25/10 and I emailed him to remind him, then this lawyer sends me a do not contact demand letter. He never resigned. ...

    Neil’s Answer

    There is no reason that you cannot contact this person.

    If he is violating a non-compete, you should act as quickly as possible to address that situation.

    I urge you to contact an attorney to discuss your options to enforce your non-compete.

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  • Can you file a lawsuit for non-payment of overtime and denial of lunch breaks.

    My Fiancee works as a nurse for a larg hospital in the area. They hired her as a 'supervisor' but micro managed from supervisors with no degree or background in medical career field. They also repeatedly make her work overtime and refuse to let ...

    Neil’s Answer

    If your fiance is not exempt and is working more than 40 hours/week, she is entitled to overtime. Calling her a supervisor does not indicate whether or not she is exempt or non-exempt. An attorney will need to examine her job duties and responsibilities to help you make that determination. You should contact a lawyer as soon as possible to discuss this case.

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  • Is it legal for my employer to not pay overtime until 50 hours a week?

    I'm wondering how this is legal: my employer has set up a policy stating that any time over 40 hours is 'standard overtime' and is payed out at the regular hourly rate. Time and a half doesn't start until 50 hours. Are they alowed to do this?

    Neil’s Answer

    Employers must pay overtime at the rate of time and a half when a non-exempt employee works any time in excess of 40 hours in a week. There are some limited exceptions to this rule. You should speak with an attorney immediately about a possible overtime claim.

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