Help Wanted: Getting paid after Sandy
Even though an employee worked productively during the power outages of superstorm Sandy, whether there will be pay attached to the accomplishments depends on how that employee is classified, experts say -- hourly employees must be paid; exempt or salaried employees are not owed. Credit: iStock
I actually showed the location to two clients and booked a $9,000 photo shoot. How much time am I able to claim for the work done at home and for emails regarding this contract that I received and answered as late as 8 p. m.?
We were asked to use our sick days and vacation time to make up for the days the museum was closed. But considering the work I did at home I think I should be paid rather than have to deplete my paid time off.
Also, members of the grounds crew came in for their regular work day and were not paid overtime. Is any of this legal? -- Sandy Fair Pay?
As for overtime, that is based on a workweek, not a single day. And by law it doesn't depend on extraordinary circumstances, like the grounds crew showing up in the aftermath of a natural disaster. Under federal and state laws, overtime kicks in for nonexempt employees after they work more than 40 hours a week. Some union contracts define overtime as more than 35 hours a week.
You'll need to do some backtracking. Return to human resources to verify that you are enrolled in the health insurance plan and emphasize that the insurance premium payments are being deducted from your check, said Gregory Feigenbaum, vice president of business development at the Long Island Employee Benefits Group in Hauppauge.
"If HR confirms that he/she is enrolled, then HR needs to coordinate that with the carrier," Feigenbaum said. "If HR believes that the employee is not enrolled, then he/she should seek clarification as to why their payroll is being reduced, and whether HR received his/her enrollment and payroll reduction forms."
And he added, "HR has a responsibility to assist the employee through the benefits enrollment and education process."
If that fails, then he suggests you go to the manager overseeing the HR team.
"In sum, my suggestion would be to try to resolve this issue internally through the management chain of command," he said.
But failing that you can contact the U.S. Employee Benefits Security Administration, which regulates employer-based health plans. Call 866-444-3272.
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