dos?

6/28/2012 10:16:06 PM

Quote :

"called the detective on the case and left a message, he still hasnt called back."

Unless they're better than the ones I've had to deal with you're SOL. Det. Cathey was about the derpiest person I've ever met. She's useless and her supervisor wasn't much better. They'll do the very minimum by which I mean they'll file a report and move on to taking a report for the next crime.

I hope you get your stuff back.

6/28/2012 10:41:55 PM

I really hope you get your stuff back and send them both to jail. I also hope that you find someone not crazy next.

6/29/2012 12:09:16 PM

legal question:

My part-time job has me scheduled for 46.25 hours this week. I worked 40.25 hours during the week (Monday to Friday) and am scheduled for 6 more on Sunday. I asked if I would be getting overtime pay, and they said no - it wouldn't be OT unless I worked over 80 hours in a 14-day pay period or over 88 hours in a 15-day pay period. Is this true/legal?

I tried to do some research on the Dept of Labor website (http://www.dol.gov/whd/overtime_pay.htm) but I'm a little confused.

Quote :

"The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days. The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned."

Since my extra hours are on a Sunday, does it not count as OT? Is my job trying to short change me?

6/30/2012 3:01:54 PM

U RITE, they can't do that. and obvz they are planning to short you on hours next week to make up for it.

now watch them try some bs about saying their week starts on friday or something.





[Edited on June 30, 2012 at 3:29 PM. Reason : ]

6/30/2012 3:28:11 PM

double

[Edited on June 30, 2012 at 3:28 PM. Reason : ]

6/30/2012 3:28:11 PM

Quote :

"The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day."

The 80hrs/ 2wk thing is BS but if your work week is Sunday-Saturday (a lot are) then they won't owe you overtime.

6/30/2012 5:43:24 PM

Show them that and let them fight it. If they do, go call the state dept of labor.

7/1/2012 12:37:18 AM

There are all kinds of things that can exempt you from FLSA, so it may be entirely within their right to do that. It wouldn't hurt to show them the statute and ask them to fix it. That seems like the right thing to do. I've known workplaces before that paid people HALF time for overtime, as a way to discourage it. I don't know how they were able to get away with it, but they did.

7/1/2012 11:12:24 AM

What happened with this?

3/27/2013 7:19:23 PM

They think its 80 hours because thats when ADP or Paychex automatically applies it, but its 40 hours in a week.

show your employer this:
http://www.nclabor.com/wh/Wage_Hour_Act_Packet.pdf

(and maybe let it slip that if the DOL audits them, they will go back years to look for violations)

Quote :

"§ 95-25.4. Overtime. (a) Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week; provided that employers of seasonal amusement or recreational establishment employees are required to pay those employees the overtime rate only for hours in excess of 45 per workweek."

§ 95-25.14. covers exemptions, you can check if any apply to you.
NCDOL has a quick reference too:
http://www.nclabor.com/wh/wh_quick_ref_guide_brochure.pdf

3/27/2013 7:36:30 PM

Hey T-Dub, advise me in the legal services:

I've been paying a mechanic for months to get a car fixed; giving him money for parts as he needs them. It was supposed to be done 3 months ago. It is still in pieces, and he's still stalling. Additionally, he constantly fails to show up when scheduled without calling or returning my messages.

So I decided to stop wasting time and get someone else to finish it. Almost all the parts needed to fix the car were there, it was just horribly disassembled.

Now the original mechanic is saying I owe him almost $2000 more dollars for parts he's ordered and work he's done. I think he's trying to rip me off. I've gone and looked up the prices of every part I've seen put in the car and I'm still thousands short of what I've already paid him. I know what's been done to the car, I've watched/helped him do all of this work. To me he's trying to price gouge me on labor, has no clue what I've actually paid him, or is horribly ignorant of what he's bought and put on my car. And that's before the extra $2000.

Additionally I've yet to receive any invoice, even though he says he will get me one tomorrow. My friends have cautioned me about accepting it, implying it's a binding agreement.

We never agreed on a labor cost up front but I've never had to with a mechanic before.

What the best move here?

[Edited on December 11, 2013 at 10:53 PM. Reason : .]

12/11/2013 10:48:45 PM

Seriously?!?

12/11/2013 10:52:55 PM

I would just tell him too fuck off.

12/11/2013 11:13:40 PM

You paid him and bought parts and failed to get a receipt?

You're screwed.

Good luck with that.

ALWAYS get a bill of sale of some kind or receipt when you do things like this, especially for the long haul and on cars.

12/11/2013 11:55:27 PM

I got pulled over for my tag being expired in November. The cop said something like "get your stuff up to date and show up in court and the judge will likely drop it". I've since got my inspection and tags up to date. Is there anything else I should other than show up in court with proof that I'm up to date?

1/3/2014 2:02:52 PM

no, it's that simple. this is a nuisance ticket to make you pay the tax.

1/3/2014 3:13:58 PM

yeah surprised they even gave you a ticket usually until its several months past due they will just say hey you forgot go get that shit done.

1/3/2014 3:24:08 PM

If you have a disposition court date (it's not a specific court room at a specific time), don't waste your time showing up first thing in the morning. Go around 10 or 11 and the line will be a lot shorter.

1/3/2014 3:26:00 PM

^^^^ Had the exact same thing happen to me. Didn't even have to go in the court room.

Just gave the clerk my ticket and registration and he dismissed it in 5 seconds. Easy Peasy.

1/3/2014 3:41:30 PM

Sounds good, thanks for the advice. Hopefully mine goes smoothly.

1/3/2014 4:00:27 PM

With something like this is there any way it can be taken care ahead of time? Or do you have to wait until your court date?

1/3/2014 4:49:44 PM