Nov 14, 2017 · 5. General Practice Lawyers. A general practice lawyer needs to be a jack of all trades, as they typically end up handling a wide range of legal issues. Just like the attorneys mentioned above, general practice lawyers will have their …
Yes, your employer can cut your shift short, but it comes at a price. In California, when an employee shows up to work, but is given less than half of his or her shift, the employer must pay what's called "reporting time pay." Reporting time pay is half of your regularly scheduled shift, but not less than two hours and not more than four hours.
Annual Salary | Hourly Wage | |
---|---|---|
Top Earners | $129,500 | $62 |
75th Percentile | $96,500 | $46 |
Average | $80,743 | $39 |
25th Percentile | $60,000 | $29 |
In most cases, workers are entitled to overtime pay for working more than 40 hours in a workweek. For the purposes of federal law, a workweek is defined as seven 24-hour periods in a row. Overtime should be paid at one-and-a-half times your regular pay rate, if not more. To pay their workers properly, employers are required to keep accurate, up-to-date records of hours worked.
Most wage and hour violations involve the improper payment of overtime wages. In some cases, that means employers have incorrectly calculated the amount of overtime pay a worker should be making, while other companies simply fail to pay overtime entirely. An increasingly common violation occurs when employers misclassify their employees as independent contractors, a category of workers who aren’t usually entitled to overtime. Many workers who are classified as independent contractors today should actually be classified as employees, who are entitled to overtime pay.
Other examples of overtime violations include: 1 forcing employees to perform work “off-the-clock” 2 refusing to pay for overtime that wasn’t expressly authorized 3 leaving breaks that last between five and twenty minutes out of an employee’s “hours worked” 4 “paying” employee’s for overtime work in comp time, rather than financial wages
The Fair Labor Standards Act contains several exemptions, which define workers who aren’t entitled to overtime. Employees who aren’t guaranteed overtime pay usually fall into one of the following categories: 1 executives 2 administrators 3 professionals 4 certain computer professionals 5 outside salespeople
An across-the-board wage cut which applies to all employees presents the lowest legal risk because an employee will have a difficult time arguing that the employer treated them differently based on a protected characteristic, such as race or sex.
Yes. Reductions in an employee’s compensation or hours generally must be negotiated with the union that represents the employee, unless the collective bargaining agreement gives the employer the right to make such reductions.
Yes. If a non-exempt employee is paid on an hourly basis, an employer may lower the employee’s hourly rate of pay so long as the rate paid does not dip below the applicable federal, state, or local minimum wage, whichever is highest.
Department of Labor, an employer may make a prospective reduction in pay for a salaried exempt employee during a business or economic slowdown, provided the change is not used to evade salary basis requirements and the employee still receives at least $455 per week. The salary reduction must reflect long-term business needs rather than a short-term salary deduction. If state law requires a higher minimum salary for exempt employees, you cannot reduce an exempt employee’s salary below that minimum.
If state law requires a higher minimum salary for exempt employees, you cannot reduce an exempt employee’s salary below that minimum. When reducing an exempt employee’s salary, you may also reduce the hours the employee is expected to work.
Generally, yes. Most state wage payment and collection laws require employers to provide employees with reasonable advance notice for any change in the employee’s pay rate, salary, or covered salary hours.
It's also legal for your employer to cut your pay, either instead of or in addition to a cut in hours, unless the pay cut means that your hourly pay is below the minimum wage. (The federal minimum wage is currently $7.25 an hour, but many states have higher minimums .)
an hourly (nonexempt) employee who is legally entitled to be paid overtime if you work extra hours, or. a salaried (ex empt) employee who is paid the same amount each week regardless of how many hours you work.
Often, a furlough is similar to a layoff. Although the employer plans to bring back its employees once conditions change (or at a certain time of year, in the case of seasonal work), the furloughed employees generally have the same rights as laid off workers, including the right to unemployment benefits.
As an hourly worker, you are entitled to compensation for every hour you work—period. If you have to bring work home or put in hours on what's supposed to be your furlough day, you have a legal right to be paid for that time.
Regular wage and hour laws don't apply to employees who fall under an exemption to the laws; the most common exemptions are for "white collar" workers: administrative, executive, and managerial employees.
Answer: Yes, your employer can cut your shift short, but it comes at a price. In California, when an employee shows up to work, but is given less than half of his or her shift, the employer must pay what's called "reporting time pay.". Reporting time pay is half of your regularly scheduled shift, but not less than two hours ...
Reporting time pay must also be paid when an employee is required to report to work for a second time in one day and is given less than two hours of work. In these situations, the employer must pay the employee for at least two hours of work.
A business that has 100 or more full-time employees and is laying off several employees must provide advanced notice. The WARN act entitles you to 60 days of advanced notice and covers not only full layoffs, but also reductions in hours of over 50 percent.
If you come to work with a chip on your shoulder, you will weaken your chances of regaining the cut hours at work.
There is no legal prohibition against your boss cutting your hours unless you are subject to some kind of contract that dictates the amount of hours you are to work or are subject to a specific provision in a collective bargaining agreement that dictates the same. If you are not, your employer can modify your schedule as it sees fit, even if it is unfair to do so. As long as you've been paid minimum wage for all hours worked under 40 hours per week and overtime for all hours over 40, if you are non-exempt, this is likely not unlawful.#N#More
Under the Fair Labor Standards Act, all covered non-exempt employees have the right to receive at least the applicable Federal minimum wage for all hours worked. However, the Act does not preclude an employer from reducing the number of hours the employee is scheduled to work. Thus, generally, employers can legally reduce employees' work hours.
Under the Fair Labor Standards Act, all covered non-exempt employees have the right to receive at least the applicable Federal minimum wage for all hours worked. However, the Act does not preclude an employer from reducing the number of hours the employee is scheduled to work.
If that doesn't work, as a last resort you may need to sue your lawyer in small claims court, asking the court for money to compensate you for what you've spent on redoing work in the file or trying to get the file.
If you lost money because of the way your lawyer handled your case, consider suing for malpractice. Know, however, that it is not an easy task. You must prove two things:
If you're not satisfied with your lawyer's strategy decisions or with the arguments the lawyer has been making on your behalf, you may even want to go to the law library and do some reading to educate yourself about your legal problem.
Every state has an agency responsible for licensing and disciplining lawyers. In most states, it's the bar association; in others, the state supreme court. The agency is most likely to take action if your lawyer has failed to pay you money that you won in a settlement or lawsuit, made some egregious error such as failing to show up in court, didn't do legal work you paid for, committed a crime, or has a drug or alcohol abuse problem.
But all states except Maine, New Mexico, and Tennessee do have funds from which they may reimburse clients whose attorneys stole from them.
If you want to sue for legal malpractice, do it as quickly as possible. A common defense raised by attorneys sued for malpractice is that the client waited too long to sue. And because this area of the law can be surprisingly complicated and confusing, there's often plenty of room for argument.
Pay cuts are legal as long as they are not done discriminatorily ( i.e., based on the employee’s race, gender, religion, and/or age). To be legal, a person’s earnings after the pay cut must also be at least minimum wage .
Unfortunately, employers can, in most cases, cut your pay or reduce your hours since most employees are "hired at will.". Employment at will means that when workers don't have a formal employment contract or are covered by a bargaining agreement they can be terminated, demoted, and have hours reduced or pay lowered at the company's discretion.
A pay cut is a reduction in an employee's salary. Pay cuts are often made to reduce layoffs while saving the company money during a difficult economic period. A pay cut may be temporary or permanent, and may or may not come with a reduction in responsibilities. Some pay cuts also affect an employee’s raises, bonuses, and benefits.
If your employer does cut your pay or schedule, you’ll typically receive a letter outlining the change. The letter will likely explain that there will be a pay cut, with details of how much salary will be reduced and when the reduction will go into effect.
( “Non-exempt” and “exempt” refer to whether the employee is covered by the overtime protections afforded by the Fair Labor Standards Act (FLSA). 3 . An exempt employee would be one that met ...
An exempt employee would be one that met the criteria for not being entitled to overtime pay. This means earning at least a certain amount of money—currently, $684 per week—and meeting certain “duties tests.”. Salaried workers are classified as exempt.)
The federal minimum is $7.25 per hour. Some states have a higher minimum wage than the federal minimum. Here's a chart that lists the state minimum wage rates (2021). There are some exceptions to the minimum wage rules, but you cannot be paid less than the minimum wage rate for your classification in your state.