Questions answered by Scott Allen Miller

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Can I offer comp time instead of overttime to non-exempt salaried employees?

Scott's answer | Answered on September 26, 2014

Your non-exempt employees overtime must be compensated with wages and not "comp time."

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My entire paycheck was withheld because of a deduction which should not have been. What can I do?

Scott's answer | Answered on September 26, 2014

I am not understanding why there is any deduction from your paycheck. Was there to be some deduction, but the amount was wrong or should there...

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Do I have to pay my employees by the hour?

Scott's answer | Answered on September 25, 2014

If your employees do not work any overtime, receive a lunch break/meal break and their salary exceeds or meets minimum wage, then you have no issue...

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Is an employer required to offer benefits if it is written in your employment contract?

Scott's answer | Answered on September 20, 2014

Although you may be an at-will employee and your employer chooses to keep you employed and you also agree to the same, your employer should be...

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Can a designer, be changed to hourly no exempt, after being salaried exempt for years? I was told they don't pay overtime b4.

Scott's answer | Answered on September 20, 2014

I agree with my colleague, Ms. Kailia post. There are several issues that need to be examined regarding this exemption. If you were not paid at...

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Employment verification language by HR

Scott's answer | Answered on September 19, 2014

I always advise clients if their employment has ended due to a dispute, that an agreement be drafted including language to be stated to prospective...

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I got laid off without prior notice.

Scott's answer | Answered on September 16, 2014

If you are an "employee-at-will," meaning there is no employer-employee agreement that state a beginning and ending date, you can be terminated...

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So my question is what do I do if my employer deducts money from my paycheck due to register shortage?

Scott's answer | Answered on September 15, 2014

Labor Code 2802 prohibits employers from deducting wages for cash register shortages. With that said, there is nothing to prevent the employer...

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Reported harassment to Corp HR and Manager- now i am a target for increase scrutiny and offered severance to leave. I am HR Mgr

Scott's answer | Answered on September 14, 2014

Your facts are pointing in the direction of retaliation, harassment and other derivative causes of action. With that said, you need to immediately...

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As a small business owner am I able to construct a contract?

Scott's answer | Answered on September 14, 2014

I don't believe your asking if you may draft a contract, I believe your asking whether you may punish employees by deducting earned wages if a...

Scott Allen Miller's Answers (571)

Can I offer comp time instead of overttime to non-exempt salaried employees?

My entire paycheck was withheld because of a deduction which should not have been. What can I do?

Do I have to pay my employees by the hour?

Is an employer required to offer benefits if it is written in your employment contract?

Can a designer, be changed to hourly no exempt, after being salaried exempt for years? I was told they don't pay overtime b4.

Employment verification language by HR

I got laid off without prior notice.

So my question is what do I do if my employer deducts money from my paycheck due to register shortage?

Reported harassment to Corp HR and Manager- now i am a target for increase scrutiny and offered severance to leave. I am HR Mgr

As a small business owner am I able to construct a contract?