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Labor laws? anybody qualified to anwer questions?

My wife has some things going on at work and here is a brief snap shot of it..

Hourly employees that work as teams, there are 5 teams of 2 per team. 1 person is a a mortgage closer and the other is an assistant to the closer. The company tried to control overtime very strictly but couldnt get the work done at the same time. This battled on for several years and finally escalated to them refusing to pay the overtime. They presented a bonus program and it was based on them excepting a salary. They were told it was voluntary but were forced to take the salary with terms they could be more flexible on there times. In the first 60 days they started to dock salaries for not working there shift hours exactly. Though they were working late hours and weekends in lou of. They have taken some employees that left early and deducted there base pay as a result.

They outlined the bonus program via email and one stipulation was to charge back any errors and ommisions back to the violator...they have charged back errors but blanketed all on the program and are refusing to give a ledger even though they have requested it in writing. They also have started to seed the fear of losing jobs if anybody press's the company any further. The company has cut its work force by 20% and have increased there sales above levels with full staff. They have reached the bonus levels and are refusing to pay any of the bonus's.


Top questions:

Can an employer force you onto salary then dictate the hours to be in attendance without paying OT?

What qualifications have to be met for the company to hide behind a salary exemption not requiring them to pay any OT?

Can they make deductions from base pay on salaried employee based on time of attendance?

Can an employer wipe out vacation days without any supporting evidence of the employee being gone?

If you leave before end of day can they force a vacation day to be used?

Can bonus based pay deductions be taken from your base pay?

Can deductions be made without any supporting documentation?

Can a salary base with bonus be outlined and if all stipulated levels are met can company still just not pay the bonus for any reason they choose?
 
**I have contacted the local labor board but they have not returned any calls as of yet so thought I may find some insight from the forum. Plus not sure if you give a dog a taste of a bone (labor board) they will let it go so may want to not stir that pot to much right now?? Especially if they name people.
 
I would definately get some answers from a labor attorney on this. The software companeis (IBM, Oracle etc) for years paid consultants a salary with a bonus structure with similar issues. They now pay them by the hour with a bonus structure.
 
I had a labor dept question this morning with one of my employees. I just called the idaho dept of labor and asked the question and got my answer.
I would go to the source and not what people want it to be. every state is different.
 
Yup, every place is going to have slightly different laws... but it sounds to me like your getting shafted big time.


Find out from the legal authority first hand, anything else is heresay.
 
**I have contacted the local labor board but they have not returned any calls as of yet so thought I may find some insight from the forum. Plus not sure if you give a dog a taste of a bone (labor board) they will let it go so may want to not stir that pot to much right now?? Especially if they name people.

I know nothing about Nebraska, But make sure you keep any and all documentation.
There has to be a "company employee policy" somewhere.
 
An empolyer can force you into salary.

As far as the deductions, preaty sure they can not do that, without documentation.

I work for union contractors, and see alot of things come up with labor laws, but I'm not a labor attonery. So you are on the right track by talking to one.
Sure sounds like a big stiff object in the Arsss to me.

One other thing, the employer threating employes, with there jobs, if they make waves sends up a big RED flag. If the are on the up and up this scare tactic would not be need.

JUst my two penny's
 
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