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Ask the Experts

Concern about overtime or employee compensation? Confused about a clause in a contract? Dealing with new issues in insurance, retirement or other legal matters? ACCA is here to help. While we can't serve as your attorney, we can offer answers to general legal questions for informational purposes. Read our frequently asked questions, and you can also ask one of your own -- 24/7!

Prevailing Wages Under Davis-Bacon
Paying prevailing wages under Davis-Bacon Read it. Members Only

Vacation for Injured Workers
How leave accrues (or doesn't) when an employee is on workers' comp leave. Read it. Members Only

Reporting Work-Related Injuries
Why employers must report injuries to their worker's compensation carrier. Read it. Members Only

Employee Sick Leave
Who pays for employee sick leave? Read it. Members Only

Employee Termination
Terminating a senior employee. Read it. Members Only

Employee Time on the Clock
Employee Compensation Read it. Members Only

Fringe Benefits under Davis-Bacon
Prevailing wages under federal contracts Read it. Members Only

Compensation for Employee Training
Compensation and overtime for travel time during employee training. Read it. Members Only

Company Vehicles and Insurance Coverage
Insurance issues with company vehicle accidents on personal time. Read it. Members Only

Employee Injuries at an Office Retreat
Employee injuries and workers compensation. Read it. Members Only

Too Much Sick Leave?
Evaluating an employee who takes excessive sick leave. Read it. Members Only

Commuting Between Jobs
Travel between jobs during the workday is compensable time. Read it. Members Only

"Voluntary" Work and Overtime
"Waiving" overtime -- is it possible? Read it. Members Only

Fringe Benefits Under the Davis-Bacon Act
Calculating overtime for federal projects Read it. Members Only

When Times are Tough
"Paying employees later" is really not an option. Read it. Members Only

Unemployment Insurance
Being fired for poor performance does not necessarily mean the employee will not collect unemployment. Read it. Members Only

Paying Employees for Training
The rules for employee training pay are complicated. Read it. Members Only

English-Only Requirements
English-only requirements are carefully scrutinized by the federal government. Read it. Members Only

Working Consecutive Days
Rules on working consecutive days. Read it. Members Only

Criminal Background Check Frequency
Annual criminal background checks for employees. Read it. Members Only

Bonuses
Calculating and paying out employee bonuses. Read it. Members Only

Wrongful Termination Claims
Wrongful termination claims by former employees. Read it. Members Only

Jury Duty
The federal rules for compensation while on jury duty. Read it. Members Only

When Injured Employees Vanish
When an employee is injured on the job but refuses to come back for light duty when cleared to do so. Read it. Members Only

Americans With Disabilities Act
Not all companies are required to comply with the ADA. Read it. Members Only

What's Owed to a Laid-Off Employee
A company laid off an employee four months ago and has now terminated him. Here's what needs to be done regarding benefits and vacation pay. Read it. Members Only

I-9 Form Retention
The federal government has specific rules for keeping I-9 forms on hand. Read it. Members Only

When Does Overtime Start?
States have different laws regarding when overtime kicks in (after 8 hours in a day, or after 40 hours in a week). Read it. Members Only

When You Suspect Fraud
When a workers' comp claim smells a little fraudulent. Read it. Members Only

When Workers Can't Work
Paying compensation to an injured employee. Read it. Members Only

Driving to Work
Simply commuting to work with your own vehicle is not generally compensable under federal law. Read it. Members Only

Wages When Accidents Happen
Paying a technician to prepare for a lawsuit in which your company is involved. Read it. Members Only

"Laying Off" Employees in the Off Season
Paying employees (or not) during off-seasons. Read it. Members Only

Lower Pay for Drive Time
Different wages for different kinds of work. Read it. Members Only

Keeping Credit Card Numbers
The truth about laws regarding the retention of credit card information. Read it. Members Only

Paying Employees for Driving
Sometimes, "drive time" is compensable, and other times it isn't. Here's how to know the difference. Read it. Members Only

"Productivity Pay" Commissions and Overtime
Computing overtime for hourly employees who also receive commissions on equipment sales. Read it. Members Only

Salaried Employees, Hourly Workers
You can't just "make" a position a salaried position. Federal rules govern who can be salaried ("exempt") and who must be paid hourly ("non-exempt"). Read it. Members Only

Vacation and Annual Leave
Vacation and annual leave policies should be clearly stated, including what happens with leave at termination. Read it. Members Only

Confronting Injured Employees
Can an employer question an employee who has filed an action against the company for a job-related injury? Read it. Members Only

Employee Smoking Policies
What are the rights of employers when hiring and employing employees who smoke? Read it. Members Only

Employee Training Travel
Does an employer have to pay travel costs for training for its employees? Read it. Members Only

Solicitation of Employees
Can you prevent employees of members in your local or state association from being solicited by other employers? Read it. Members Only

Job-Related Injuries
Does an employer have to offer alternate employment to a worker injured on the job? Read it. Members Only

Size Doesn't Matter
The size of your company has nothing to do with whether or not you can get sued for wrongful termnation. Read it. Members Only

Returning to a Filled Position
When employees "leave" for indefinite periods of time. Read it. Members Only

Walking Off The Job
Legal responsibilities and paying an employee who walks off the job site the correct amount. Read it. Members Only

Paying to Fix Mistakes
How should employees be compensated, if at all, for fixing a mistake. Read it. Members Only

Liabilities of Job Shadowing
Covering the liabilities of allowing students to job shadow technicians. Read it. Members Only

Layoffs and Collecting Unemployment
Laying off a student when their schedule does not permit them to effectively work, and the monetary/legal ramifications. Read it. Members Only

Lien Forms and Subcontractors
Untrusted contractors, lien forms, and the legal results. Read it. Members Only

Federal Contract Wages
Federal contracts, prevailing wages, and whether or not to pay them. Read it. Members Only

Employees, Taxes, and Payroll
Allowing employees on normal payroll to be responsible for their own taxes. Read it. Members Only

Rounding Time Cards
Labor issues involved with rounding employee time cards in the payroll system. Read it. Members Only

Compensating Employees On Call
Compensating an employee who is "on call" when no calls are received. Read it. Members Only

Weekly Overtime, Monthly Bonuses
How to calculate overtime pay on a weekly basis if bonuses or commissions are paid once a month. Read it. Members Only

Trusting Your Tech
What should and can be done to a technician who is stealing from your business. Read it. Members Only

Cell Phones for Business Only
Can you require employees to pay "overages" on cellphone usage? Read it. Members Only

Playing Hooky
Providing proper documentation for employees who repeatedly call in sick. Read it. Members Only

Paying Poor Performance
Compensating installers and technicians for work a second time around. Read it. Members Only

Repossession Laws
Repossessing an installed condenser unit. Read it. Members Only

GPS-based Pay System
Paying employees on a GPS-based system. Read it. Members Only

Unpaid Lunch Breaks
If an employee works through an unpaid lunch break, you don't have to pay him, but check with state labor laws first. Read it. Members Only

Internet Resellers
Manufacturers and wholesalers set up their own terms with their customers. Read it. Members Only

Credit Card Numbers
Safeguarding sensitive information such as your customers' credit card numbers is a matter of law. Read it. Members Only

Voting in Union Elections
Whether or not a former employee is eligible to vote in a union election depends on a number of factors. Read it. Members Only

Vacations During Peak Periods
Be sure to have a written policy regarding when vacations may be taken. Read it. Members Only

Final Paycheck
Follow your regular pay schedule when issuing a final check to a terminated employee. Read it. Members Only

Non-Compete Agreements
In every state but California, you may require an employee to sign a non-compete agreement, but every state has different laws governing them. Read it. Members Only

Offer of Employment
Have a formal offer of employment checked by your legal counsel to make sure you're complying with state laws. Read it. Members Only

Taking a Company Vehicle Home
When compensable time starts depends on whether the employer allows or requires employees to take service vehicles home. Read it. Members Only

Disclosing Communicable Diseases
Check state laws regarding disclosure, but generally the employer is required to protect the ill employee's privacy. Read it. Members Only

Paying for Travel to and from Work
Whether or not you must compensate employees for travel to and from work in a company vehicle depends on whether it's mandatory or voluntary. Read it. Members Only

Holding First Paychecks
State and federal laws govern withholding and timely payment of wages. Read it. Members Only

Accrued Vacation Time
Even if an employee is terminated for cause, you must pay him for accrued but unused vacation time if you pay for vacation time. Read it. Members Only

Holding Overtime Pay
You may not hold overtime pay till another pay period. Read it. Members Only

Uniform and Tool Costs
You can deduct these costs from paychecks, but it's best do it over several pay periods. Read it. Members Only

Employer-Paid Training
You've paid for education or training and the employee leaves; now what? Read it. Members Only

Overtime for Piece Work
How to calculate overtime for employees who are paid per unit of work performed. Read it. Members Only

Employee Injured After Giving Notice
Injured employees are protected under workers' compensation laws as long as they are working, even after they have given notice. Read it. Members Only

Double Overtime Pay
Federal law requires 1 1/2 times regular pay for hours over 40 in a week; state laws may differ. Read it. Members Only

Documenting Rule Infractions
How to handle an employee who has broken a company rule. Read it. Members Only

Accidents in Company Vehicles
It's best to have a written policy regarding damage to company property. Read it. Members Only

Obesity and the ADA
Obesity may or may not be a disability. Read it. Members Only

Overtime Pay for Training
Involuntary vs. voluntary training and which must be compensated. Read it. Members Only

Annual Leave
The rules about paying exempt employees for time off after annual leave has been exhausted. Read it. Members Only

Take-Home Trucks
Mandatory vs. voluntary use of a truck to drive to and from work. Read it. Members Only

Union-Affiliated Job Applicants
According to the National Labor Relations Act, it is an unfair to discriminate against someone solely based on union affliation. Read it. Members Only

Mandatory Overtime
The ins and outs of required overtime. Read it. Members Only

Salaried Employees
Deducting pay from an employee who works less than 40 hours a week. Read it. Members Only

Deductions from Last Paychecks
Include a provision on the employment application clearly stating what you wil deduct. Read it. Members Only

Productivity Pay
Adding productivity pay, bonuses, and commissions to weekly hourly pay. Read it. Members Only

Workers Compensation and ADA
The ADA prohibits termination based on workers comp claims history. Read it. Members Only

Lunch Breaks
Federal law does not require meal breaks, but they may be mandated by states. Check with your state wage and hour offices. Read it. Members Only

Fringe Benefits and Davis-Bacon
How to calculate fringe benefits under the prevailing wage laws. Read it. Members Only

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