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If
I am salaried, does this mean my employer doesn't
have to pay me overtime?
My
employee owes me money, can I withhold it from
their paycheck?
Is
the company’s handbook or manual helping
or hurting?
Can
an employer be required to grant an employee extended
amount time off to care for sick relatives?
Is
there a single law of the workplace?
If I am salaried,
does this mean my employer doesn't have to pay
me overtime?
No--there is no salaried exemption.
However, there are three exemptions (executive, administrative
and professional) in which being salaried is one component
of the exemption. However, your employer must be able
to show that your job meets all components of the exemption--the
burden of proof is on your employer. For example, just
because your employer gives you the job title of manager,
it doesn't mean that you would be considered a manager
under the wage and hour laws. These laws are complicated
and if you work more than 40 hours a week but are not
getting overtime, you may want to have an attorney
review your situation to see if you should be.
My
employee owes me money,
can I withhold it from their paycheck?
Employers
often wonder whether they can withhold
wages, most often when they suspect theft. Employers
in Washington and Oregon need to be very
careful when withholding an employee’s
wages. Without
the employee’s consent, an employer’s decision
to not pay wages can end up in a lawsuit
where the employee receives double damages,
possibly triple damages, and attorney’s
fees. In
addition, an employer may be subject to
a misdemeanor. However,
there are certain occasions when an employee’s
wages can be withheld to pay a debt owed,
and the employer’s exposure can be
limited if it is done correctly. Every
situation is different.
Is
the company's handbookor
manual helping or hurting?
Companies
often conclude that without a specified contract
or union, an employee has no protection from
the status of "at will" termination - termination
for any reason or no reason. This
is not always true. Employees
are protected, regardless of at-will status,
from discriminatory and certain retaliatory
practices.As
well, the handbook or manual of a company
may be construed as a contract or promise
to treat an employee a certain way – giving
that employee a cause of action against the
company if the company acts differently. An
employer’s handbook or manual should
be thoroughly reviewed by an attorney skilled
in employment matters, to avoid creating
a legal right for an employee which the employer
did not intend to offer.
Can an employer be required to grant an employee extended
amount time off to care for sick relatives?
The Family Medical Leave Act is a federal law requiring
employers to grant up to twelve weeks of unpaid leave
with the right of reinstatement to employees under certain
conditions. The law applies to private sector employers
that employ at least fifty employees and to all public
sector employees. Employees are eligible for leave if
they have worked at least 1250 hours for their employer
for a least one-year and if there are at least fifty
employees at the employee's work site or there are at
least fifty employees within a least a seventy-five miles
of that work site.
The law requires employers to grant employees up to
twelve weeks of unpaid leave during any twelve-month
period for any of the following reasons:
- Because of the
birth of a child and in order to care for the child;
- Because
of adoption or foster care placement of a child;
- Because
of a serious health condition that makes the employee
unable to perform his duties;
- In order to care for a
spouse, child, or parent with serious medical condition.
- If
the employer provides health insurance coverage
for its employees, it must continue that coverage during
the leave of absence with no additional charge to
the employee. At the end of the leave period, the employer
is required to reinstate the employee to his pervious
position or an equivalent position.
Is there a single law of the workplace?
No,
there is no single "law of the workplace." Today's
workplace law consists of federal and state laws, civil
service rules, collective bargaining agreements, contracts,
company personnel handbooks, and employer practices.
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