David Nagle VA
About
- Username
- David Nagle VA
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
Larry's reply is right on the money. The only additional note I would offer is that the DOL is very suspicious of agreements of the sort that Larry described. For example, knowing that they will be paying time and one-half rate for the part-time po…
-
From an employment law standpoint, they are all employees, who are due wages, and technically all payment of wages has to go through your payroll system. Your question is really a tax issue, and I would suggest that you consult with your accounting…
-
For exempt personnel (the attorneys in the firm, firm administrator, and perhaps a few others), there is no legal requirement to pay overtime compensation. If the firm wants to provide comp time for these professionals and executive or administrati…
-
Gosh, I sure do apologize for what was an apparently an unsuccessful attempt at humor. I was recalling that the HR folks I have spoken to have told me that asking candidates what they expect to be paid does not always bring the same result as a sa…
-
I'll look forward to including a report on this integrity issue! David E. Nagle Editor, Virginia Employment Law Letter [email]dnagle@leclairryan.com[/email]
-
An employee may certainly be salaried, and non-exempt. Salary basis compensation does not relieve an employer of the obligation to pay overtime compensation to a non-exempt employee. The fixed salary for fluctuating workweek, mentioned in a post…
-
This is determined by the agreement with respect to the salary. If it covers a 35 hour week only, then you can determine the regular rate by dividing salary by 35. The person must get at least minimum wage, but should get the regular rate, for e…
-
First, I am assuming that he is properly exempt. This means that management is his primary duty, and that he is paid on a legitimate salary basis (a fixed pre-determined amount that does not vary on the basis of quantity or quality of work). I also…
-
According to state law, the relation of attorney and client exists, and one is deemed to be practicing law, whenever he furnishes to another advice under circumstances which imply his possession and use of legal knowledge or skill, or ... he advises…
-
Steve correctly recognizes that the risk is potential civil liability. Say the new employee relies on Steve's advice about her COBRA rights under her former employer's plan, turns out the advice he provides is wrong, and she has $100,000 in medical…
-
Gotcha, but let me elaborate on the distinction. There is no COBRA provision that has any application to the question YOUR employer is facing. All COBRA issues are between the new employee and her former employer. The question from the new empl…
-
Well, this reply won't be appreciated by some readers, but every now and again I think this reminder is warranted. The questioner, Steevo, is certainly well-intended, but he is NOT asking for assistance with respect to understanding his employer's l…
-
Virginia law has no application to this. It is governed entirely by the FMLA. The answer is 15 calendar days. The Department of Labor regulation on this appears at 29 CFR (Code of Federal Regulations) 825.305, which provides: "(b) When the leave …
-
[font size="1" color="#FF0000"]LAST EDITED ON 05-02-03 AT 11:09AM (CST)[/font][p]The FMLA specifically provides that the employer shall maintain coverage under any group health plan for the duration of FMLA leave at the level and under the condition…
-
Let me offer the advice I offer friends. 1) Pick an individual whose practice focuses upon employment litigation. Using the local general practitioner is like taking a knife to a gunfight, especially if the plaintiff is represented by an experienc…
-
You and the others who posted all have correctly recognized that someone has incorrectly used "right to work" to describe the employment at will doctrine. Right to work is more complicated. Under federal labor laws, it is permissible for a union c…
-
As is so often the case, Calirfornia law is consistent only with the law of Oz. There is much case law that needs to be taken into consideration in developing a program to be used in California, most notably the Cal. Sup. Court decision in Armandar…
-
Employer programs to resolve workplace disputes through arbitration are terrific, and I think most employers would benefit from adopting them. However, it is important to take the time to think it through before you implement such a program. You wa…
-
Keep in mind that there are several so-called "white collar" exemptions, but that they cannot be combined. Whoever suggested the supervision of janitors is focusing on the executive exemption, which requires management of a unit and supervision of …
-
As one of the Attorney Editors, I feel an obligation to jump and an confirm, as nearly all of the HR professionals have already stated, that the question posed on the form is not unlawful. Reliance upon the answer is not unlawful either. (Of course…
-
Do not provide false information, even if you think it will make the news be accepted more readily. Avoid providing information that is directly attributable to a specific source, or you know that you will never be able to get references in the futu…
-
Crout is correct. Most states expressly prohibit withholding from pay, except for taxes, garnishments, and child support enforcement orders, without the signed, written authorization of the employee. Contact your counsel or your state department o…
-
While there is nothing improper about negotiating a separation agreement that provides a payment in exchange for certain promises, I agree with another Attorney Editor who has said you need to get counsel involved. It seems clear that there are sev…
-
As the editor of the Virginia Employment Law Letter, I'm sorry that I didn't see your inquiry sooner, but all those who have responded so far are correct. Under the Virginia statute, you cannot pass the cost along to the applicant/ employee. Furth…
-
Mississippi is an at will state. Employment at will refers to the presumption that exists with respect to a contractual term (duration) of the employment relationship. Up until around 1900 the s0-called european rule was that hiring was presumed t…
-
Assuming that your company is covered by Title VII, you cannot discriminate on the basis of religion. Title VII defines religion to include "all aspects of religious observances and practices, as well as belief, unless an employer demonstrates that…
-
Generally, if an employer "suffers" the work of an employee, the employee has "worked" for the employer and must be compensated. If that pushes the amount of time worked over 40 hours in a week, there will be an entitlement to overtime compensation…
-
Yes. Covered by US labor laws, but has adopted a right to work provision.
-
Greetings, Jenni. Several others have explained the differece pretty well. Employment at will is a doctrine (followed, with varying levels of exceptions, in all US states), which provides that the employment relationship is terminable at will by ei…