Q: I AM a Store Manager for a customer-service oriented business. I work 10- to 12-hours per day six days a week. I am paid a fixed salary every month. Since I am a Store Manager, my employers say I am exempt from overtime pay. I follow your column and know from your previous articles that the job title does not necessarily determine whether an employee is exempt or not. As Store Manager, I supervise some employees but I cannot hire or fire employees. I also spend a majority of my time doing the same things that these employees are doing – attending to customers and the cash register. Am I really exempt and not entitled to overtime?
Asian Journal- The Filipino-American Community Newspaper
Friday
Nov 20th
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General Interest Atty. Conrado "Joe" Sayas
General Interest Atty. Conrado "Joe" Sayas
Atty. Conrado "Joe" Sayas
Grand view approach to business – locating your office
NO matter what kind of business or field you are interested in, if you own the business, it is important to understand who you are and to learn what location is compatible to you. Location can mean region of the world, country, state, and city, all the way down to which side of the street you’re on and the type of land formations that surround you.
You have your own aura and energy system, which makes you unique. Based on your birth date, you will belong to one of two major energy types called Western Direction Pattern (WDP) or Eastern Direction Pattern (EDP). WDP people are compatible with the west, northwest, northeast, and southwest directions, while EDP people are compatible with the opposite directions of east, southeast, south, and north.
Helping the seriously injured
IF YOU were injured due to the fault of another, you have the right to file a claim for damages to compensate you for these injuries. Usually, this involves a claim with insurance companies, particularly when the injury arose from an auto accident, a slip or fall in a house or building, a dog bite, or from a defective product.
A serious injury results in serious consequencesto the injured person and his/her family. It may meancontinued medical care, and the responsibility to pay past and future medical expenses. With health insurance companies getting stingier than ever, the out-of-pocket expenses have increased. A serious injury may also mean the loss of earnings as the injured person is not able to work or may face the possibility of losing his/her job.
Employee remedies for overtime violations
THE failure or refusal to pay proper overtime compensation is not simply a single violation of California’s labor laws. An overtime violation is generally accompanied by other labor violations. These other violations give rise to other damages that an employee may recover from the employer.
The first item of damage is, of course, the actual overtime compensation owed to the employee. This actual overtime compensation is computed at 1.5 times the employee’s regular rate (often called "time and a half") and is multiplied by the number of hours in excess of 8 hours per day. If the overtime hours exceeds 12 hours per day or exceeds 8 hours on the seventh day, overtime compensation is computed 2 times the regular rate (often called "double time"). For example, if an employee’s regular rate is $10 per hour, time and half would be $15 per hour and double time would be $20 per hour. These premium overtime hourly rates will then be multiplied by the number of overtime hours during the pay period.
Immigration and family unification
THERE is nothing more important than family, I know this firsthand as I have been blessed with four daughters, a son and a beautiful wife. A big family by today’s standards and I wouldn’t change a thing. My family means everything to me and I cannot imagine what I would do if I were separated from them for any extended period of time.
As an immigration attorney, I am constantly reminded of the pain of family separation and how the immigration process actually keeps families apart rather than bringing them together. Long processing times, complex paperwork, difficult terms and concepts, proof of relationships, investigations by federal officers coupled with basic bureaucratic delays often result in moms, dads and kids desperately seeking my assistance in bringing their families back together.
Should employees be paid for work done ‘off the clock?’
Q: I WORK as a driver/courier for a service-oriented company. I am often asked by my supervisor to pick up packages an hour or two before my regular clock in time. However, my supervisor told me to always clock-in at my regular clock in time. So even though I work an extra one or two hours every day, I am only paid 8 hours and not 9 or 10 hours. Should I be paid for the work that I do outside of my regular scheduled hours?
A: Yes, you should be paid for the extra hours you worked even though such work was done before your scheduled hours. Such extra hours are termed "off the clock" hours because they occur outside an employee’s regular work hours or shift. In this instance, you are additionally entitled to the overtime rate of 1½ times your regular rate for any work in excess of 8 hours per day.
Philippine Heritage Institute celebrates 20th year of prestige and honor
The Philippine Heritage Institute International, a private foundation, will celebrate its 20th anniversary on October 31 at the Sheraton Hotel in downtown Los Angeles."In the wake of natural disasters affecting our kababayans, we at PHI feel that we have to go on with our tradition of recognizing individuals, who through their careers, personal endeavors and volunteer work have contributed to the enhancement of community life," says Naomi Palma-Armada, PHI founder and executive director. Mrs. Armada, who hails from Marikina, had a tremendous loss of properties herself. Yet she remains an inspiring and very passionate lady. Madame Naomi, I salute you.
When employees take a pay cut (When is it illegal?)
Q: MY employer is proposing to reduce my hourly pay supposedly because of the bad economy. If our company is really losing money and I have to agree to a pay cut to keep my job, then I will. My problem, however, is that out of the more than the 10 employees who have the same job duties as me, it seems I am the only one being asked to take a pay cut. Is this fair? What are my rights when it comes to taking pay cuts?
A: Employers may routinely change the terms or amount of an employee’s compensation. The change may be favorable (e.g., employees get a pay raise) or unfavorable (e.g., employees get a pay cut). The employer’s ability to change an employee’s compensation will partly depend on the employment relationship and the parties’ agreements.
A reality check on long term care
LONG-term care is the assistance individuals need when they are unable to care for themselves and need help with Activities of Daily Living (ADLs) - bathing, dressing, transferring, toileting, continence (control of bodily functions), and eating - or they have severe cognitive impairment such as Alzheimer’s disease. The need for long-term care can result from an accident, chronic illness or short-term disability, or from advance age. Long term care can include a broad range of services, provided in any setting outside a hospital. It might be help with simple daily tasks like bathing or dressing. It might include skilled care in your own home, an assisted living facility, some other community resources, or a nursing facility.
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