Ask the Attorney Archives

Q: “My manager had job applications made that ask: ‘Do you have medical coverage? If so, with who?’ Is that allowed or not?” – Nikkie, Florida

Q: “I am attempting to understand the FLSA rules on overtime. I have an employee who works at a reception counter greeting guests, directing them to their stations, checking them in and out. This employee is an hourly employee making $13.50/hour, working between 35-45 hours per week. Is she entitled to overtime over 40 hours per week? Also, we get paid on the 15th and end of the month and our workweek runs from Sunday to Saturday. This past pay period, we had three weeks, as follows: Week 1: June 1 – June 2 Week 2: June 3 – June 9 Week 3: June 10 – 15 “With the exception of week two, this employee did not have a chance to work a full week. In this situation, I feel like I am not looking at the workweek correctly…?” – Katie, Louisiana

Q: “Our company holds quarterly meetings offsite during the day. Employees are not required to attend, but are invited and you could even say encouraged. Hourly employees who attend are paid if they attend; if they do not attend they are not paid but can take available PTO. Since the day has already begun for the employees, they need to travel to the event. Some drive themselves, some ride with others etc. The quarterly meetings are to communicate company updates, team building etc. The question is regarding travel pay. Can the company have those in attendance sign in when they arrive to “take attendance” and when payroll is submitted, add four hours to their pay for that time? The four hours would be based on the length of the event. This would be like holiday pay or a PTO day—added hours that do not reflect a specific time of arrival and departure, nor would it necessarily include travel time for either traveling to the event or back to the office at the end of the day. The reason to go back to the office would be if they carpooled. Otherwise they would go home from the event. If not, do you have other suggestions in lieu of paying employees for the travel time to the event?” – Christy, North Carolina

Q: “Our type of industry is very seasonal; during our peak times employees often will work overtime, while during our off-season they do not work many hours. Can our employees choose to bank overtime hours and get paid for them during the off-season time when they work less than 40 hours in a given week? I understand that it is illegal to use comp time for private employers; however we are not giving time off, we are just paying their overtime hours at a later time.” – Cecilia, California