jimlegal

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jimlegal
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  • I would look at the "tip" capital of the world, LAS VEGAS!!! I would think that just about every possible "tip" related problem conceivable has been addressed there. By the way as I understand it, most if not all casino dealers are in tip pools. …
    in Tip Pools Comment by jimlegal April 2003
  • To be safe, I would contact your company's attorney and ask their advice as to how you should proceed. May costs you a minimal amount, but money well spent to avoid grievances, lawsuits, complaints, etc.
  • You have the absolute right to receover the overpaid monies. From your post is sounds like the parties knew what the hourly rate would be, and agreed to that rate. Again, from your post it sounds like the parties may have been operating under the …
  • Additional information directly from the DOL website. [url]http://www.dol.gov/dol/topic/workhours/breaks.htm[/url] Breaks & Meal Periods DOL Web Pages on This Topic Laws and Regulations on This Topic Federal law does not require lunch or c…
  • Without researching I know of NO Texas statute that requires you to pay for the employees lunch. We do not pay for the employee lunch. As for breaks we do pay for the employees breaks. We provided one (1), fifteen (15) minute break for each four …
  • Do yourself a favor, do not deduct from the employee's pay check. As tempting as it may seem, without written authorization you maybe creating more problems than you bargained for. Speak with the employee about the situation. If you cannot work s…
  • Our policy is that we arrange for the room and rental car if needed, thus we know in advance what those expenses will be and can provide the traveling employee with enough money to cover those expenses. We have a daily meal allowance of $30.00 for …
    in per diem Comment by jimlegal April 2003
  • We have used interns in the past and they were not paid.
  • Agree with other posts on payment and mileage. You may want to consider contacting your insurance provider to obtain a "non-owned/hired vehicle" rider to your insurance policy, which we found to be rather inexpensive. In the even the employee is i…
  • I would be careful! I would review our policies and procedures to see what my obligations are by policy. I would research the State law to determine if I had any obligation there. Then, I would check with the Federal law to determine if I had any…
  • I agree with former posts. You cannot charge the employee. You may wish to look into another security access like electronic locks, prior to re-keying the locks. Just my thoughts...
    in Lost Keys Comment by jimlegal March 2003
  • If this person has passed the bar exam and are not yet admitted, they cannot "legally" practice law until they are admitted. Just because a person has passed the bar does not make them authorized to practice law. (A big misconception by the genera…
  • I agree that you have to pay the employee to attend the mandatory meeting. In your subsequent post you mentioned that your company pays for travel time to meetings, if so then I would expect that travel time to this mandatory meeting be paid as wel…
  • We would pay the employee and continue benefits through the date of their resignation and let them go home today. Thus, they are still technically employed until the date of the resignation. Avoiding any notion that upon receipt of the employees r…
  • Without researching the issue and without knowing what State you are in, I respond as follows. If you are requiring employees to come in to take a mandatory test, them you must pay the employee for their time. As for the answer to how much you mus…
  • Without reserching the issue, my first thoughts are that you "cannot" place the employee in a position where they have to pay or incur a charge to receive their pay. The situation as you described sounds like the employee is required to pay or incu…
    in Paychecks Comment by jimlegal March 2003
  • Like Sonny, I too worked for a non-profit which provided no special provisions from the exempt vs. non-exempt employees. You may wish to go to the DOL website and view FAQ's for more specific information. Good luck!
  • Sounds SAS is using the management tools in the book "First Break All the Rules"!
  • We have everyone use our Business Associate Agreement. Most of the places we conduct business with cannot afford to have a costly Business Associate Agreement drawn up. Wish you well with your situation.
  • We have a vacation policy that has remained unchanged. The number of vacation days is determined by your length of service. Our sick leave policy provides for 96 hours per year. Of which 40 hours maybe taken as personal time for any reason,with t…
    in PTO? Comment by jimlegal April 2003
  • After reading your post, my antenna when up!!! Sounds like you are about to enter a "contract" which may provide more for the employee than is obvious and which the employer may not want to be a part of. For what its worth I believe the "risks" fa…
  • I will make a couple of inquiries to try and help you. Standby for further information.
  • Maybe an accomodation to a 2nd or 3rd shift is in order!
  • LindaS, we first worked with the employee to gain as much knowledge as we could about this condition. Then together with the employee we discussed the short term and long term possible effects, created a short term and long term plan. In our case …
  • Agree with Don. You may wish to explore the disability benefits with this particular employee. Having experience first hand a fibromyalgia matter, we were able to assist the employee with disability benefits and social security benefits. Fibromya…
  • You may wish to visit the EEOC website at: [url]http://www.eeoc.gov/docs/preemp.html[/url] Which will address your question both pre-offer & post offer. Post-Offer At the "post-offer" stage, an employer may ask about an individual's workers'…
  • Better to err on the side of safety and NOT ask about any prior workman compensation claims. You can ask questions concerning the ability to perform the job for which they are applying. Depending on which way you phrase the legal question you coul…
  • Agree with Theresa, let the employee know that after reviewing her file it is clear that she has used up all of her FMLA benefits. Any additional time off will need to be handled outside FMLA.
  • I fully understand. Never hurts to get a second opinion.