Q. To make ends meet, I work part time at a retail store. The store closes at one time, and the employees are all scheduled until half an hour later. We never end up being allowed to leave until half an hour (or later) after our scheduled time. Also, when we are told to punch out, we’re not allowed to leave the store until the bosses come down to let us out and check our bags for theft. This is often at least ten minutes or more of unpaid time. Obviously, 10 minutes isn’t going to make a big difference, but I feel that once I punch out, I’m on my own time, and should be free to go home, or should be paid to stay the extra time. Is this practice common and acceptable?

A. Time really is money, especially as employees are often running from one job to the next. Employees in many industries and positions are looking for clarity about what is paid time, and what is unpaid time. Many positions involve time that is considered "waiting time" - whether it is a truck driver waiting for a truck to be loaded, or your case where you are waiting to be cleared to leave.

Q: I just had a simple question. If a Manager asks an Employee to take their paid break, don't they have to take it? If yes, can I please have a copy of the law or regulation stating this. If no, can you explain to me why not. Thank you for your time.

Q. I was recently laid off, and I now have a huge pile of paperwork from human resources in front of me. I am overwhelmed I know I need to look for a job, but what are all these documents for, and do I have to deal with it all now? Do I need help?

A. Being laid off is stressful for many reasons, and you have identified one of the starting points. Some of the information you have been given is regulated by law, and other materials are needed to help you process your benefits information. These documents, though time consuming, and potentially confusing, will prove to be important for you in the near and long term.

Many people focus on information regarding severance first. You will want to take note of the day your lay off is considered effective, which may be different from your last day on the job. This is considered an added benefit by many people as everything stays the same - you are considered "whole" as an employee until the day the separation is effective.

Information regarding unemployment benefits is also available for your review. In Massachusetts, employers are required to provide the DUA booklet "How to File for Unemployment Insurance Benefits" (Form #590-A). To review the full spectrum of services visit http://http://www.mass.gov/?pageID=elwdhomepage&L=1&L0=Home&sid=Elwd. There are many other lookalike sites which are not associated with the state, and will try to collect your personal information. Be very clear about whose web site you are on.

If you had health insurance coverage through your former employer, you are allowed to continue that coverage. Your employer may pay a portion of the premium, or you may have to pay the full premium through COBRA. COBRA is a federal law that gives workers who lose their jobs the right to purchase group health coverage provided by their former employer at 100% of group rates (plus a small administrative fee) for up to 18 months.

Under the American Recovery and Reinvestment Act of 2009, some individuals who are eligible for continued health insurance coverage under the federal COBRA law, or the Massachusetts mini-COBRA law, may receive a subsidy for 65% of the costs of the health care premium. If eligible, instead of paying 100% of the premium, you pay only 35%, for up to nine months. Review this information carefully, to determine your eligibility. There are other health insurance options to research as well.

Review any offerings for career transition services or outplacement. These services are broader than most people imagine, ranging from targeting new opportunities, developing job search strategies, resume development and production, interview training, and access to currently available positions. Take advantage of the benefits provided at no cost to you.

Q: I was recently laid off from my sales job that paid me a salary plus commission. I was laid off toward the end of the month. The company does not want to pay me for sales that I made in the month I was laid off. The company would pay commissions the month following the month the sales were made. Should I still be paid for the sales I made in the month I was laid off?

Q: I own a small consulting firm. We are hiring an account executive to cover an employee’s leave of absence. The staffing firm quoted me a reasonable hourly rate for the regular work week. But they said we are required to pay time and one-half for hours worked over 40 in a single work week. The job is an exempt, professional position. It requires more than 10 years of industry experience and client management skills. I was under the impression that over 40 hours for an exempt position overtime was not required. Am I missing something here or is the staffing firm trying to make a quick buck off of me?

Q: My company is very shaky. The rumor is that we will file for bankruptcy in the summer or the fall due to lack of funding. I am very frightened about losing my job and my benefits. I think there are contract opportunities out there for me but I carry the benefits for my family. I know COBRA will be available but it is expensive. What are my options?

A: This is a difficult time for many venture-backed companies. Funding dollars are scarce and many company leaders are having difficulty securing additional rounds of venture capital.

Q. Please tell me about about employment policies and lunch breaks. I have found it necessary to pick up a part-time job as a way of getting by. I realize that because of the minimum number of hours I am scheduled and the fact that it is on weekend 1st shift, that a lot of benefits do not apply, however, the employee packet I received clearly states that we are to receive a 30 minute paid lunch break and two paid 15 minute breaks. In over a year, those breaks have not happened. Like other part-time employees, I tended not to question that, since the position is a security/receptionist and the desk is covered 24/7. Now management has changed the rules to where we are required to work an extra half hour per shift with no extra pay, making the lunch break "unpaid". I have not received an updated employee packet, and I continue to get no breaks. This means I am to work an extra half hour for no reason with no pay. What advice can you offer to show them the errors of their ways?

A. I have seen situations like this, and this might be explained by supervisory staff, management, and staff not communicating. By making sure all parties understand laws and policies, and how these actually work in practice, we can try to ensure a fair and positive work environment. If we assume that all parties are working in good faith, we might think that the supervisors were unaware of the breaks you are entitled to. Management is aware of the break policy, but may have been unaware that the breaks were not being offered or taken, and they are now changing the policy as a cost cutting measure.

Q. I am currently on medical leave from work. I was recently approved for short-term disability coverage. Up until this point, my workplace was compensating me by exhausting my vacation and sick time. I was under the assumption that once short-term disability was approved, my workplace would then stop compensating me through my accrued vacation time. Yet when I informed my workplace that I was approved for short-term disability, they said that they would still have to exhaust my vacation time until my return in addition to the short-term disability checks I am now receiving. Is this legal? I am now receiving 2 forms of income, short-term disability and my vacation time pay.

Q: I was recently hired by the school district in the town where I was a part- time librarian. I was surprised when I received my first 'teacher' paycheck as I was charged 50 cents for admin costs of writing the check (which is direct deposited). However, when I worked (and still sub) as a librarian for the same town - same type of check - same direct deposit - I am not charged the 50 cents. This does not seem right to me. Is this a)legal to charge someone money to write their paycheck and b) common.

Q. I recently traveled to the Middle East for work, and while there got food poisoning and had to go to the hospital. As a result, I had to pay significant out of pocket expenses because the hospital was "out of network" under my insurance plan.

Because this was a work trip, I thought this would be a workers compensation claim. My Human Resources Director said no, that I needed to pay it and the company wasn't liable. Who is right?

A. Organizations have a wide range of practices when it comes to business travel, and understanding these prior to travel is strongly recommended. Questions often arise about what is reimbursable, ownership of air miles, and even when travel starts and is completed.

Because this question involves workers compensation issues, which are legally bound, and not just a company policy or practice, I consulted with Attorney Josiah Black of Bello Black & Welsh LLP, a leading Labor and Employment law firm in Boston. Attorney Black found the question a good one.

Boston Globe Job Doc Elaine Varelas was recently a guest on NECN's Good Morning Live, where she talked about about what job seekers can do to get the best possible offer from a potential employer. To check out the video, click "full entry" below.

Q. I am an exempt employee. I record my work hours which are billed to a customer contract. Recently, a new department manager has instituted policies to reduce the amount of time charged to department overhead. These changes don't seem right to me. For example, we are no longer paid for attending section meetings, which are held monthly and generally include lunch. These hour-long meetings are mandatory (attendance is taken) and include discussions of department policies, news, and schedules. My manager says that because the company provides a free lunch, it doesn't have to pay us for our time at the meetings.

Can you provide feedback on whether or not these are reasonable policies?

Q. Overtime is not permitted, however, our workload is overwhelming. Is it legal to have an employee clock out and then go back to complete the task (without being paid overtime)?
Anonymous

A. It appears that you are referring to hourly employees who are not exempt from the overtime requirements under state and federal law. Employers are required to pay hourly nonexempt employees for all "time worked." There are many reasons overtime, as a matter of course, is not permitted at companies. A primary reason is the cost. Overtime costs companies one and a half times the regular hourly rate for all time worked that is over 40 hours in any work week. Most often companies do not want to offer time and half for the same work employees are doing for the first 40 hours of a work week.

Q. I had a job I didn’t like very much, and I was laid off, so it was OK. I have been collecting unemployment and looking to start a job at a place I liked. My old work called me back, and I declined because I will be starting a new job in 4 weeks. Can I still collect unemployment benefits until I start my new job?

A.While this question seemed pretty straight forward to me, I didn't find that to be the case. Unemployment determinations are made by The Division of Unemployment Assistance following the collection of information from the prior employer.

Understanding unemployment, starts as so many things do, with the concept of following the dollar. I consulted Edward T. Malmborg, Director, Division of Unemployment Assistance (DUA) to explain this situation. Mr. Malmborg explains: "It is important to understand that your former employer is ultimately responsible for the benefit costs associated with your claim and receives a monthly statement of charges from the Division of Unemployment Assistance. Your former employer will likely protest benefit charges for any period of time for which they were willing to provide you with work and your eligibility will need to be determined at that point."

Q. I am 100% commission sales person; I do receive benefits such as medical insurance, and taxes are taken out of my pay so I am a W2 employee, not a 1099. My company requires us to attend a weekly meeting that lasts from 1-3 hours. Am I entitled to compensation for that time?

A. Many companies make significant investments in training for their commissioned sales people. They provide marketing materials, technology, and in-house support staff, in addition to some type of regularly scheduled meetings designed to help make sales people more effective. You may not agree about the value of these meetings. You may be looking for a legal opinion, and the state and federal laws pertaining to the payment of wages are complex. I consulted Barry Miller, an employment attorney specializing in wage and hour matters at Seyfarth Shaw in Boston.

Attorney Miller explains, "An employer is not required to pay a properly classified sales employee for time spent at meetings. While most employees must be paid at least a certain minimum wage for all hours worked (and mandatory meetings would usually be considered "work"), there are a number of exceptions. Both state and federal law provide an exemption to minimum wage requirements for employees engaged in "outside sales."

Q. I am writing to inquire about employment policies and lunch breaks. In these difficult economic times, I have found it necessary to pick up a part-time job as a way of getting by. I realize that because of the minimum number of hours I am scheduled and the fact that it is on weekend 1st shift, that a lot of benefits do not apply, however, the employee
packet I received clearly states that we are to receive a 30 minute paid lunch break and two paid 15 minute breaks. In over a year, those breaks have not happened. Like other very part-time employees, I tended not to question that, since the position is a security/receptionist and the desk is covered 24/7.

What advice can you offer to show them the errors of their ways?

A: I commend you on creatively supplementing your income with a part-time job during a time of record unemployment.

I need to make an assumption that you are working in Massachusetts. In Massachusetts, there is a law requiring a meal break of at least 30 minutes for employees working more than six hours in a single calendar day. Additionally, the substitution of two fifteen minute breaks does not satisfy the law. The meal break may be unpaid (and often is unpaid) unless the employee is given work-related responsibilities during the break or is required to remain on the premises for the break. If the employee is given work-related responsibilities during the break or is required to remain on the premises, the break should be paid. A good example would be a receptionist who eats his/her lunch at the front desk while covering the telephones. An employee may voluntarily work through their meal period but should be paid for this time.

Q: I accepted a job, which is salaried, so I don't get paid for any overtime. I accepted the job (out of financial necessity) at a lower rate than I normally would have accepted. After a year of working there, my initial impression of being on salary is very different from what the reality is. If I have to leave a half-hour early or late I am docked, but I work about 3-7 hours of OT each week. If a meeting comes up before or after work, I am required to go, and it can take anywhere from 1 to 3 hours. I have addressed some of the issues with my manager, but have not received a response. Any suggestions for how to approach this at my annual review so that I can request a proper salary increase? Or perhaps some guidance for a more realistic view of being a salaried employee?

A: An annual review is an opportunity to reflect on your accomplishments during the past year and to set some mutually agreed upon goals for the coming year. If you showcase your contributions to the company, this should help you earn the highest raise that your company is now able to provide, and bring you closer to your desired salary level. Resist complaining the whole time about your salary and the lack of overtime. In fact, before you even mention your concerns, you need to understand a bit more about the two main types of salaried employees and the complex regulations that govern overtime.

Q. Can a company change my title and not inform me? I was recently given a title higher than the title I was hired with. I was not informed of it, never got a raise and after I was told I was given more responsibilities, nothing in writing from their part. Can I demand a raise? How should I go about this?

A. This is an unusual situation but not unheard of. Without knowing all the details, it sounds like a confusing series of events and circumstances.

Q. As a pharmacist in charge, I am responsible for the workings of the pharmacy as it is under my license, but I am not the manager of my work partner as we all report to an area supervisor, nor am I a manager of the store as there is a store manager. This is the background. I have 2 questions:

Also, working as a pharmacist, we are told we should be professional enough to find time for meals yet it is almost impossible to have lunch when someone always comes up to the counter. At other companies, they close the location to have lunch yet the company does not allow us to close as we are required to serve the customer. How can meals be taken when you are at the same time required to work? How does a person technically take a meal break by the 'rules'? What does a meal break mean? A person takes a break to eat something without being on duty?

A: These are two very good questions. Let me address the first question. It sounds like you are an hourly employee or what is called a non-exempt employee. This means that you are paid for exactly the time you work and only for that time. If your company asks you to attend offsite meetings, you should certainly be compensated for them, including travel time and time spent at the actual meeting. In addition, when the company asks you to travel to another destination that is not your primary work location, you should be compensated for mileage from your home to the offsite location and back home again.

Q. I want to leave my toxic job. I would like to give my notice on the last day of January and then give them two weeks. In order to reach the next level of vesting and to receive a payout for the company’s gain sharing plan, I have to work the first day of the next month which is my anniversary date. My question is this: If my manager decides she wants me to leave immediately without working the additional two weeks, can I be cheated out of the rewards owed to me?

A. I would refer you to your company’s Employee Handbook for the answer to this question. It should be clearly stated in the Handbook. If there is no Handbook, you might try to stop by the human resources department and ask what the policy is. If there is no written policy, then you are at the discretion of management and they can tell you to pack up and not return the next day, resulting in your losing a level of vesting and the payout for last year.

Q. I work as a pharmacist, and am required to take part in a group conference call meeting that occurs once or twice a month. These calls last from 30 to 60 minutes. If I am working, filling prescriptions and dealing with customers, I am required to take the call while continuing to multitask. If the calls occur on my days off, I am still required to attend. Should I be compensated for these mandatory meetings when they occur on my day off?

A. Time is money as the saying goes, but not always. Many people question when they should be compensated, and it is okay to ask a human resources representative at your company to answer that question, and to explain the logic, or laws behind that answer. How you ask the question - really any questions about compensation - matters. It shouldn't be threatening, just ask for a clarification so everybody understands how things work. Human resources people and managers can't be aggravated by people trying to understand how they are paid. It is a reasonable question - regardless of the answer.