Answers Posted By Albert Rizzo

Answer to Am I bound by an LLC agreement that I was not shown and then refused to sign when asked to?

Your entitlement to compensation is based upon the terms of your employment when you were hired. If there is no written agreement regarding your compensation, then it is generally subject to change by your employer in its discretion.

From your description of the issue, I do not know what you intend by "LLC Agreement," or why they would ask you to sign it. But the agreement should be reviewed in order to properly respond regarding its effect, if any, on the terms of your compensation. Any other agreements or documents containing the terms of your compensation and employment should also be reviewed regardless of whether you signed or "agreed" to them.

Hope this helps.

posted Jul 1, 2011 05:37 AM [EST]

Answer to what laws guide overtime pay

Generally speaking, nurses who are paid on an hourly basis should receive overtime pay. However, registered nurses who receive a salary of at least $455 per week and are registered with the appropriate State examining board may be ineligible for overtime pay under the learned professional exemption.

Having said this, it would be important to examine the specific facts of your situation before determining whether or not you or any of the other RN's are eligible for overtime pay.

To address your specific question, you can be required to clock in. The issue of whether you must also clock out is determined by whether you are eligible for overtime. If you are eligible for overtime pay, you should also be clocking out.

posted Jun 16, 2011 05:27 AM [EST]

Answer to Will Non-Compete be enforceable if the employer not paying the salary during the Non-Compete period

Whether your employer will pay your salary during the non-compete period should be stated in your agreement. If it does not state that the employer will pay you, then you probably will not be paid.

The answer to the question whether or not the non-compete is enforceable depends on many factors, including, whether you have received "consideration" for the promise not to compete. Consideration can be in the form of continued or additional salary and/or benefits during the period of non-competition. Therefore, if you do not receive your salary during that period, it is possible that the non-compete will not be enforceable because you have not received "consideration" for your promise.

However, undertstand that this area of the law is constantly evolving and it is difficult to give a definitive answer to your questions without first reviewing the specific terms of your non-compete agreement.

posted May 17, 2011 10:12 AM [EST]

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