Answers Posted By Doris Dabrowski

Answer to Is there any law that gives salaried employees some flexibility without using PTO?

To be exempt from the Fair Labor Standards Act's requirement to pay time and a half for overtime, the employee is entitled to the salary regardless of the number of hours worked during a work week. The employees are either exempt or not exempt from the FLSA. To be exempt, the employees must be paid a predetermined salary of at least $455/week and the duties must be primarily executive, administrative or professional. Outside salespersons may be exempt from the minimum wage and overtime provisions of the Pa. Minimum Wage Act, 34 Pa. Code sec. 231.81 and are not subject to the salary level test of the federal Fair Labor Standards Act. The salespeople should contact the Wage & Hour division of the Dept. of Labor or consult with a lawyer about the application of law to their jobs.

posted Feb 27, 2017 12:28 PM [EST]

Answer to My employer requires a 30 day notice of resignation. They state that if I do not honor that they will not give me the sales commissions due to me. Is that legal?

You should consult an attorney to review your entire contract, including the commission and job termination policies and procedures.

posted Jan 9, 2017 08:48 AM [EST]

Answer to My company sold their business to another company. I had accrued vacation on the books with the former company. Should they pay me for the remaining vacation that I earned.?

In Pennsylvania, entitlement to payment for unused vacation time depends on the terms of the compensation agreement between the employer and employee. In the absence of an express contract, the employer's vacation policy usually specifies entitlement to pay for unused vacation.

posted Nov 14, 2016 4:30 PM [EST]

Answer to Looking for severance advice, what should I expect?

You should consult an attorney to discuss the offer and negotiations about a potential severance agreement.

Check your benefit plan descriptions to determine whether a severance plan is part of the employer's benefit package. If a plan exists, the employer must follow the plan provisions.

posted Nov 5, 2016 5:14 PM [EST]

Answer to I was hired for a market research position by a pharmaceutical company in the Philadelphia area. When I started, I was directed to complete tasks that were more appropriate for a data scientist/analytics professional and for which I had no skill. Six mont

The Pa. Supreme Court held that claims of misrepresentations are not exceptions to the at-will doctrine. However, during the course of employment, the parties must act in good faith.

posted Oct 12, 2016 07:53 AM [EST]

Answer to I work for a small business. When I originally was hired, I was the office manager, I did the AR/AP, benefits, basically everything to run the office smoothly. The owners terminated the salesmen in 2007. Since their termination, I took on doing sales as w

Compensation can be changed prospectively, not retroactively. For commission payments, it is important to establish the basis for the commission, the commission rate, the due date and all conditions that trigger the obligation to pay commissions. The Equal Pay Act requires equal pay for work that requires the same skill, effort and responsibility and performed under the same conditions.

Answers on this site can only provide general legal information; this answer does not constitute legal advice on which you should rely. For an analysis of the application of the law to the facts of your situation, schedule a consultation with an attorney.

posted Oct 10, 2016 1:53 PM [EST]

Answer to I live in Pennsylvania. I work based on only Commission. When I don't have clients my boss wants me to stay but I don't get paid. Help

As a general rule, the Fair Labor Standards Act and the Pennsylvania Minimum Wage Law require payment of at least the minimum wage for all hours worked.
The payment of commissions it itself does not excuse the requirement to pay for all time worked. There are some exceptions for bona fide outside salespersons who are paid on commission. As a general rule, time when an employee is on-call or standby, must be compensated unless the employee is free to engage in the employee's own pursuits during the time periods.

The response on the Q&A can only provide information about general legal principles. It does not constitute a legal opinion about the application of the law to the particular facts of your situation. You may contact the Wage & Hour division of the U.S. Department of Labor, the Pa. Dept. of Labor & Industry, or arrange a consultation with a lawyer to review the facts of your work situation.

posted Sep 29, 2016 09:18 AM [EST]

Answer to I signed a non compete agreement with my old manager position. I was demoted and transferred to anot

You should arrange a consultation with a lawyer to review the terms and conditions of all of your employment agreements, including the signed non-compete. Competent advice requires a review of the terms of the documents and other pertinent facts.

posted Sep 22, 2016 09:56 AM [EST]

Answer to I recently started working for a company and was told my shift would be 9:30 am to 6:00 pm. I am on disability due to mental diagnosis exacerbated by substance abuse, I have been clean and sober for 5 years. My employer now wants me to work a different sh

As a general rule, employers may assign work. An employee who is disabled within the meaning of the Americans with Disabilities Act or state discrimination laws may request a reasonable accommodation of the disability to enable the employee to perform essential job duties.

This answer is a general statement of the law for informational purposes. Since I have not reviewed detailed facts of your situation, you should not rely on this answer as legal advice. You should consult an attorney to review your facts and advise you about applicable law.

posted Aug 15, 2016 07:41 AM [EST]

Answer to I am a mother to a 4 year old with Down Syndrome dealing with discrimination at my job. In 2013 after a friendly manager warned that upper management was complaining about my time out of the office, I requested FMLA. I have worked at my company for over 1

Employers must notify employees who request leave of eligibility for leave within 5 business days. The FMLA prohibits retaliation and interference with rights under the FMLA. I suggest that you consult a lawyer ASAP to review the detailed facts of your situation.

Answers to posted questions can only provide general educational information about the law. An attorney must review the comprehensive facts before rendering an opinion about the application of the law to your situation.

posted Jul 27, 2016 11:45 AM [EST]