Pay For Salaried Time Off?

Question to Ask the Workplace Doctors about docking a salaried employee:

I have three of my office staff on salary. One of my gals has gone over her sick leave and vacation leave for the year. Our controller does not want to pay her for time taken off last week due to her baby being in the hospital for asthma. Can an employer dock an employee who is on “salary” for going over on time off?

Signed, Office Manager

Dear Office Manager:

What does your employee handbook say about this? If nothing’s there, what have you done in the past under similar circumstances? The key is to be fair and consistent. If it is documented the amount of sick leave and vacation leave employees have and she is over, then she doesn’t get paid for it. Make sure you tell her before you do this. Also make sure communication is open and clear.

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Boss Doesn’t Want Me To Take Better Job!

Question to Ask the Workplace Doctors about a boss who insists I shouldn’t leave:

Although my passion is catering, I have found it necessary to take a position in a small dress shop for the past 8 months to make ends meet. I have now been offered a fantastic job in my chosen field at over twice the salary. I should be overjoyed, however, when I told my current employer that I would be leaving (I gave a two-week notice even though the catering job would like me to start much sooner) my employer became very angry and is threatening to phone my new employer and tell him that if I leave he will have to close the dress shop. She could hire someone else, but just doesn’t want to. What is the best way to handle this situation? I’m afraid I will lose the catering offer or at least start the new job with a cloud hanging over me. Thank you.

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My Boss Owes Me Pay!

Question to Ask the Workplace Doctors about money owed:

My boss owes me for files that I have closed. I am on 100% commission/independent contractor. I have requested numerous times, written and verbal, but I keep getting pushed to the back burner. I have about had it with this run around and I am looking into getting an attorney involved. Any thoughts?

Signed, Payless

Dear Payless:

Do you have a contract? Have you a log of requests made for payment? If not, do the best you can to list the numerous times you have requested payment and to whom you made the requests. In short, prepare a statement with a letter to the employer stating what you are owed for the services performed, dates of service, and a list of your attempts that have gone nowhere. Address your letter to the individual to whom you have made the requests and to her/his boss and/or to the chief financial officer. Have you previously had a good relationship with this employer and do you want to continue to work under contract with her/him? If so, state that previous to this problem that you have been pleased to work with this firm and have delivered quality work that satisfied the requirements. Also include a sentence to the effect that you should not have to employ an attorney to resolve this because that could cost them for attorney fees and that if you cannot resolve this within two weeks you may be forced to do so.

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Rules For Breaks???

Question to Ask the Workplace Doctors about breaks:

What are the laws on part-time work breaks and full-time breaks and lunch in retardants?

Signed, Part-timer

Dear Part-timer:

The Fair Labor Standards Act does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state that does not require breaks or meal periods, these benefits are a matter of agreement between the employer and the employee (or the employee’s representative). If you are not receiving the breaks you feel you need to be an effective employee, ask for a meeting with your supervisor to discuss the issue.

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Uneaqual Pay

Question to Ask the Workplace Doctors about unfair pay: I am paid the minimum wage but my co-worker, who does exactly the same job as me, gets more.

I currently work as a production operator in a factory. I have worked there for 7 years. I am paid the minimum wage but my co-worker, who does exactly the same job as me, gets more. He has been given a pay raise even though my time keeping and punctuality are much better. I feel, as though my boss is doing his utmost to make me feel uncomfortable and wants me to leave, but has no reason to sack me. I feel victimized, and my co-worker has also stated that it seems unfair. Is there anything that I can do about this I am extremely unhappy.

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One Minute Early or Late Clocking In Penalty!

Question to Ask the Workplace Doctors about docking for coming early or late:

Is it legal to dock my pay 15 minutes for being 1 minute late/or early to work? My employer says he will dock anyone who clocks in 1 min. early or 1min. late 15 mins.

Signed, Docked

Dear Docked:

Our site does not give legal advice. Even if the one-minute rule is not legal, making a fuss over it would not be worth the time, money, or effort. Your question, however, is more one of bossing and being bossed. Rather than ask is it legal, you should ask why? Obviously, your employer doesn’t want to pay for more hours than is needed. But to clock in a few minutes early should not cost your employer anything and rather than being penalized, should show you are a responsible employee, and if you overlap with the outgoing shift, that should better continuity.

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Asked Too Much About OB Leave Date

Question to Ask the Workplace Doctors about expected birth date:

Is it legal for employers/supervisors to constantly ask when your OB DR. will be restricting your work or “putting you out”.

Signed, Tired of being asked

Dear Tired of being asked:

It would be frustrating to be asked frequently about your leave date, but it is not illegal unless some aspect of it is a violation of EEO laws regarding making your work life harassing, clearly based on your gender or pregnancy status.perhaps you can lessen the asking somewhat. Get a letter that states exactly when you will be likely to leave. Don’t rely on your verbal statements, instead get the letter. Have your doctor put in the letter what work restrictions you’ll have before then, if any.Then, submit the letter and explain how frustrating it is to be asked over and over about it. Say that you will be working right until you need to leave.If you have already submitted such a letter, ask if there’s a reason they keep discussing it with you.

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