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Labor Laws | Forum profile
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Forum profile page for Labor Laws on http://www.laborlawtalk.com.
This report page is the aggregated overview from a single forum: Labor Laws, located on the Message Board at http://www.laborlawtalk.com.
This forum profile page summarizes the general forum statistics such as: Users Activity, Forum Activity, and Top Authors, which are reported in either a table or graph below for a given reporting time period.
Additional forum profile information for "Labor Laws" on the Message Board at http://www.laborlawtalk.com is also shown in the following ways:
1) Latest Active Threads
2) Hot Threads for Last Week
Warning: These statistics are generated using 'best efforts' and can experience delays and reporting errors at times. Please note that such statistics do not constitute a forum's popularity and/or exact posting volumes at any given reporting period.
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Posting activity on Labor Laws:
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Week
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3 Months
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Threads:
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39
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172
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465
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Post:
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125
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522
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1,545
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Labor Laws Posting activity graph:
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Top authors during last week:
user's latest post:
question on getting paid after...
Published (2009-11-29 18:23:00)
ledman, if other responders want to continue answering your questions, they can. You're asking too many what "if" questions. We don't know that you will win your judgment. If you do, we don't know that your employer will declare bankruptcy. If they do, we don't know if there will or will not be enough assets to pay your judgment (if you win) out of the bk estate, if your employer will move out of state,...
user's latest post:
wages vs non wages reporting to...
Published (2009-11-28 10:35:00)
You can't "avoid" it by doing anything up front. If the company reports on the benefits audit I explained to you what the EDD deems to be earned wages, the EDD will contact you.
user's latest post:
wages vs non wages reporting to...
Published (2009-11-28 13:35:00)
excellent suggestions and info. I agree. I am not going to do anything. I have confidence that if asked, the firm will provide my employment dates correctly....they got them correct on my settlement agreement. And if not, i can prove them with the SA, final checks, and other documentation. Thanks so much for your detailed help!
user's latest post:
quick general labor law...
Published (2009-11-29 18:17:00)
Quote: Originally Posted by ledman5555 im sure this is a simple easy question No doubt. I will include a pointer to where you can answer your simple question. http://www.edd.ca.gov/pdf_pub_ctr/de231l.pdf http://www.edd.ca.gov/pdf_pub_ctr/de8829.pdf
user's latest post:
question on getting paid after...
Published (2009-11-29 17:54:00)
how would i be able to get his account information? these seems nearly impossible. what about leins on vehicles if he has any in the state? thanks betty for your help
user's latest post:
on call status
Published (2009-11-28 21:20:00)
You definitely have to paid once you are called to come into work, but the on-call time is only considered hours worked if the employer's policy is unduly restrictive.
user's latest post:
Nebraska
Published (2009-11-22 09:15:00)
Thanks for your feedback. Just so I have this straight, you are telling me that if I spend more than 40 hours-with clock time and driving time-and a nonexempt employee I should receive overtime pay? I belive the only benefits that will be affected are vacation acrual time, but you are saying this could be written to exclude driving time anyways? Thanks again, appreciate your time.
user's latest post:
California Final Pay &...
Published (2009-11-26 02:06:00)
The HR manager called me today (Wednesday) to ask if I received the check yet. Told her nope. She called her people and they said to wait until Friday before taking an action on that check. At this point, I have already filed a DSLE complaint about the matter. It will go to a conference and it will probably result in my favor. It's not like they are a small company that can't afford to pay their employees. Too bad for the company....
user's latest post:
Question about vacation &...
Published (2009-11-20 10:32:00)
The DLSE is much like the weather in California. Clear in some areas, cloudy in others.
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Latest active threads on Labor Laws::
Started 1 day, 10 hours ago (2009-11-30 12:32:00)
by DAW
There are sort of two different issues.
- If we are talking labor law only, you most be paid (at least) minimum wage on average for all hours worked in the workweek.
- If we are talking contract law only, if you have a specific written agreement which rises to the level of a legal enforcable contract, and that agreement does not violate labor law or other laws, then the agreement would be ...
Started 1 day, 12 hours ago (2009-11-30 11:11:00)
by cbg
There is nothing illegal about requesting a doctor's note. That hardly
qualifies as illegal harassment.
Started 1 day, 11 hours ago (2009-11-30 11:41:00)
by Pattymd
I take it you were hired as an independent contractor, not an employee? If that is correct, all you can do is sue him in small claims court. You have to find him first.
Started 3 days, 19 hours ago (2009-11-28 03:40:00)
by Pattymd
Started 2 days, 12 hours ago (2009-11-29 10:28:00)
by ledman5555
ok, after reading all that correct me if i am wrong but, regular job employers cant pay you cash they must pay you with a check stub(w-2).
and if you a hosehold employee(babysitter), they can pay you with cash.
The exeption to paying cash is only for independent contractors and and household employee's.
is this correct?
Started 2 days, 6 hours ago (2009-11-29 16:53:00)
by Betty3
"Exactly" what type of benefits are you wanting to know about/asking about?
Ma. requires (or pay a tax to the state) employers with 11 or more employees to provide health ins. to employees who work 35 or more hrs. per week. Vacation/pto/sick benefits are a different story - that is up to you. (You don't have to offer them over a certain # of hrs. worked unless there is a binding employment...
Started 1 week, 1 day ago (2009-11-23 06:25:00)
by Pattymd
If that's part of your job duties, then you must be paid for that time. And, since it is legally work time, any injuries suffered as a result of the work should be covered; or at least a Report of Injury submitted to the employer.
http://www.dol.gov/dol/allcfr/ESA/Ti...29CFR785.7. htm
Started 3 days, 2 hours ago (2009-11-28 21:20:00)
by mcarson87
You definitely have to paid once you are called to come into work, but the
on-call time is only considered hours worked if the employer's policy is
unduly restrictive.
Started 5 days, 7 hours ago (2009-11-26 16:03:00)
by Betty3
Cindy, didn't this thread answer your question? -
http://www.laborlawtalk.com/showthread.php?t=23375 3
(You *earned* no wages while unemployed.)
Started 1 week, 5 days ago (2009-11-19 23:11:00)
by Betty3
My understanding is you (exempt salaried employee) can be required to use vacation/pto for partial day absences of 4 hrs. or more per Conley court decision. (There is nothing in the CA-DLSE rules, opinions or court decisions that indicate that this "rule" affects reductions in sick pay.)
I also understand per some Ca. responders on this forum that it is assumed under 4 hrs. is not allowed ...
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Hot threads for last week on Labor Laws::
Started 5 days, 7 hours ago (2009-11-26 16:03:00)
by Betty3
Cindy, didn't this thread answer your question? -
http://www.laborlawtalk.com/showthread.php?t=23375 3
(You *earned* no wages while unemployed.)
Started 3 days, 19 hours ago (2009-11-28 03:40:00)
by Pattymd
Started 6 days, 10 hours ago (2009-11-25 12:51:00)
by Pattymd
Don't know for sure. But you have nothing to lose by filing a wage claim for it and see what the DLSE determines.
Started 2 days, 12 hours ago (2009-11-29 10:28:00)
by ledman5555
ok, after reading all that correct me if i am wrong but, regular job employers cant pay you cash they must pay you with a check stub(w-2).
and if you a hosehold employee(babysitter), they can pay you with cash.
The exeption to paying cash is only for independent contractors and and household employee's.
is this correct?
Started 1 day, 11 hours ago (2009-11-30 11:41:00)
by Pattymd
I take it you were hired as an independent contractor, not an employee? If that is correct, all you can do is sue him in small claims court. You have to find him first.
Started 1 week, 1 day ago (2009-11-23 13:38:00)
by Betty3
Yes, it's legal as long as you don't have a binding employment contract or CBA to the contrary.
Seniority is not a protected "class."
Started 1 week, 2 days ago (2009-11-22 09:14:00)
by DAW
Salaried is just a payment method and does not mean much by itself. What is important is the exempt status. An employee could be Exempt Salaried, subject to the 29 CFR 541.602 docking regulation. Or an employee could be Non-Exempt Salaried under the 29 CFR 778.113 regulations which would mandate paid overtime but which allow the docking of base salary in response to hours not worked. ...
Started 1 day, 10 hours ago (2009-11-30 12:32:00)
by DAW
There are sort of two different issues.
- If we are talking labor law only, you most be paid (at least) minimum wage on average for all hours worked in the workweek.
- If we are talking contract law only, if you have a specific written agreement which rises to the level of a legal enforcable contract, and that agreement does not violate labor law or other laws, then the agreement would be ...
Started 1 day, 12 hours ago (2009-11-30 11:11:00)
by cbg
There is nothing illegal about requesting a doctor's note. That hardly
qualifies as illegal harassment.
Started 6 days, 16 hours ago (2009-11-25 07:09:00)
by Pattymd
Maybe, maybe not. This is more of a semantics and "intent" issue. You say there is a vacation plan, but you are expected to also use the "vacation" time for illness. In reality, that could be considered a PTO (paid time off) plan, in which case your salary could be docked for full days' absences if you've already used up your paid time off.
http://www. dol.gov/dol/allcfr/ESA/Ti...CFR541....
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