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dos4gw posted:Not a New York lawyer but: Also not a lawyer of any kind but my understanding is that employees cannot waive flsa rights under contract, this would include being paid at least minimum wage for time worked. Additionally, I wasn't complaining about my company wanting me to be punctual so I'm not sure where that second point came from but I'll keep it well in mind the next time someone dives onto the subway tracks.
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Jul 31, 2013 18:18
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patentmagus posted:If you have decent insurance then a 1st party claim is far far easier. Sadly, this is how you discover how good your insurance company is. Put in the claim. If you are treated fairly then you have decent insurance. I filed a first party claim, but I am thinking that I am going to regret it. From what I understand, Geico will pay off the bluebook value of the car, which is approximately the amount we have left on the loan. We have gap insurance to take care of the rest, so other than the $500 deductible which will hopefully come back sometime in the future, our slate is clean with the car... Except we are now out a car, and we don't have the down payment for a new one. It took us a while to gather the first down payment, and now that money as well as the year of car payments are out the window because some guy ran a red light. We are okay with the year of payments being lost because we used the car for a year and it shouldn't be free, but it is that drat down payment that really stings, especially considering a massive tuition bill will be landing in our lap in a few weeks clearing out the savings.
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Jul 31, 2013 18:45
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dos4gw posted:Not a New York lawyer but: I bet you hate unions, too.
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Jul 31, 2013 19:14
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dos4gw posted:Not a New York lawyer but: EDIT: Totally quoted the wrong post, originally. Ham Equity fucked around with this message at 19:37 on Jul 31, 2013 |
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Jul 31, 2013 19:31
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Thanatosian posted:If they want him there on time every day, are they going to pay him for the time he wastes showing up early? No? Then they can loving suck it up. I am the original poster.
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Jul 31, 2013 19:35
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HookShot posted:Haha what? "Yeah, don't try and fight the fact that a company might be screwing you out of money for your time, just suck it up princess and don't be 60 seconds late to your job in the future." What are the alternatives? There needs to be some kind of incentive for people to turn up on time. If the company pays their wages from time X anyway, there is no penalty for being late and it's easy to imagine punctuality becoming a widespread problem. If the company just pays someone from when they arrive then it dilutes the concept of starting times because someone might just decide to be 5 minutes late and not get paid for it, in which case there's a problem with certainty of starting times and again it's not hard to envisage a widespread problem with punctuality. The employer could of course treat an employee being late as a repudiatory breach of contract and fire them on the spot. That's the attitude I would advocate and yes for the avoidance of doubt I do hate unions.
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Jul 31, 2013 19:40
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dos4gw posted:What are the alternatives? There needs to be some kind of incentive for people to turn up on time. If the company pays their wages from time X anyway, there is no penalty for being late and it's easy to imagine punctuality becoming a widespread problem. If the company just pays someone from when they arrive then it dilutes the concept of starting times because someone might just decide to be 5 minutes late and not get paid for it, in which case there's a problem with certainty of starting times and again it's not hard to envisage a widespread problem with punctuality. The system is already in place to deter people from showing up late every day. They give you points on a scale. Once you hit 8 points in a year you are suspended without pay for 3 days. Once you hit 10 you are fired, no questions asked. It seems not only unfair but also against the letter of the law to demand someone work for you for free. My issue with this system is not that people working here are held accountable for being late, but instead that the company is literally forcing people who are late to work without pay because they are late.
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Jul 31, 2013 19:45
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dos4gw posted:What are the alternatives? There needs to be some kind of incentive for people to turn up on time. If the company pays their wages from time X anyway, there is no penalty for being late and it's easy to imagine punctuality becoming a widespread problem. If the company just pays someone from when they arrive then it dilutes the concept of starting times because someone might just decide to be 5 minutes late and not get paid for it, in which case there's a problem with certainty of starting times and again it's not hard to envisage a widespread problem with punctuality. So you're advocating that the employees should be fined for minor disciplinary infractions? Or having their salaries withheld, in any case, so basically be asked to work for free? Good lord, please tell me you don't have employees.
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Jul 31, 2013 19:46
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Quick summary: I have been divorced about six months now. In my divorce agreement it is stated there is no mutual debt or assets, because at the time there wasn't (to my knowledge.) Flash forward to now, a few items have popped up that are in both of our names, meaning that if they don't get paid that both of our credit reports will be hit with negative information. My ex doesn't care because her credit is beyond hosed already, but I would like to be able to get a loan again in the future. I have paid one of the items that came up ($1,200 worth) but I have just received a call that the daycare bill in which she was responsible for has not been paid either, and that is another $1,000 Do I have any recourse aside from just paying anything that comes up to avoid loving my credit, or am I stuck? Thanks in advance. edit: She is a bitch.
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Jul 31, 2013 19:46
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Bojanglesworth posted:Quick summary: I have been divorced about six months now. In my divorce agreement it is stated there is no mutual debt or assets, because at the time there wasn't (to my knowledge.) Ask your lawyer who did your divorce agreement what to do about it. It depends on state law. Those joint debts should have came up before, so someone along the line hosed up or lied.
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Jul 31, 2013 19:47
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Rusty Kettle posted:I filed a first party claim, but I am thinking that I am going to regret it. From what I understand, Geico will pay off the bluebook value of the car, which is approximately the amount we have left on the loan. We have gap insurance to take care of the rest, so other than the $500 deductible which will hopefully come back sometime in the future, our slate is clean with the car... Yes, the outcome isn't perfect, but it could be far worse. For example, if you went with a third party claim then the other insurance company would probably have offered far less than bluebook value. They figure that you're desperate enough for some money and will settle for dimes on the dollar. Anyways, you are being treated fairly with respect to the property claim. Another way that it could be worse is if the car wasn't totaled. Then you would also be dealing with a repair shop wedging off-brand parts into the car and calling it good. I think this is the day after the accident. Some of you wife's injuries might only now be presenting. Be sure that she's OK. Doctor... Hospital...
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Jul 31, 2013 20:02
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euphronius posted:Ask your lawyer who did your divorce agreement what to do about it. It depends on state law. They were items that sorta slid under the radar. For instance, before our divorce she wrecked the car that I had financed and it was being paid off by insurance and GAP coverage. It took until after our divorce to be finaliazed for GAP to deny about $1,200 of the coverage for various reasons so I was stuck paying that. The call I got today was for the daycare our son was in literally years ago that she said she had paid. The first I have heard anything about it was today when a collection agency called me to tell me that they have been hired by the Daycare to collect the debt. Because we were married at the time when we enrolled him we signed him up together, making it a joint debt. I am in Virginia if that matters.
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Jul 31, 2013 20:03
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euphronius posted:Ask your lawyer who did your divorce agreement what to do about it. It depends on state law. or failed to cancel joint accounts and credit cards when they were told to. Do not in any way promise to pay anything, no matter how small, until you confirm that they have a right to the money. patentmagus fucked around with this message at 20:11 on Jul 31, 2013 |
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Jul 31, 2013 20:04
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patentmagus posted:or failed to cancel joint accounts and credit cards when they were told to. I just got off of the phone with the daycare. They verified that the contract that was signed does have both of our signatures, making us both responsible for the debt. I am guessing that my "problem" here has nothing to do with the law, but rather with her inability to be an honest human being. I did sign that agreement years ago, but as of our divorce I was under the impression that it had been paid off. The collection agency informed me that they have been trying to reach her for quite some time on her cell, and sent a letter to our old home, but today is the first I have heard anything from anyone regarding this. As I mentioned earlier. I am trying to protect my own credit, and I am realizing more by the second that my only way to do that may be to bite yet another bullet and pay this. Am I able to take her to small claims court or anything of that nature, even though our divorce agreement says there is no mutual debt? Or did I sign my rights to that away?
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Jul 31, 2013 20:19
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The March Hare posted:I'm in NY and I just found a somewhat disturbing thing out about the way payroll is done in my company. We clock in to work using a fingerprint system, so they have the exact hours we have worked every day. If I show up to work later than 8:30 by any amount, I am given some number of points toward the "yo, you are late too often and now you are fired" number. If I am late by 00:00:01 - 00:14:59 I get .25 points. I thought these points where just a tally system, but it turns out that they also simply do not pay you for that amount of time. This means that on days where I have been literally late to work by less than 60 seconds, I am not being paid for an entire 15 minutes of my time. I am expected to work during this time. Is this in any way legal? Generally speaking, under FLSA, non-exempt employees must be paid for every hour worked. On the other hand, FLSA doesn't prevent employers from reducing a non-exempt employee's wages as discipline for an infraction. New York probably has its own laws about when and how pay can be docked, though. You should contact your state's equivalent of the Department of Labor and explain your situation.
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Jul 31, 2013 20:27
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ibntumart posted:Generally speaking, under FLSA, non-exempt employees must be paid for every hour worked. On the other hand, FLSA doesn't prevent employers from reducing a non-exempt employee's wages as discipline for an infraction. Thank you for a well-reasoned answer  .
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Jul 31, 2013 20:38
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Bojanglesworth posted:I just got off of the phone with the daycare. They verified that the contract that was signed does have both of our signatures, making us both responsible for the debt. I am guessing that my "problem" here has nothing to do with the law, but rather with her inability to be an honest human being. I did sign that agreement years ago, but as of our divorce I was under the impression that it had been paid off. The collection agency informed me that they have been trying to reach her for quite some time on her cell, and sent a letter to our old home, but today is the first I have heard anything from anyone regarding this. Your credit may have already been affected - check AnnualCreditReport.com, which is provided for free because of the Fair Credit Reporting Act, to know for sure. Keep in mind that paying off the collection agency won't take the black mark off your credit report, that's harder but there's another thread to help you with that.
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Jul 31, 2013 20:40
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Andy Dufresne posted:Your credit may have already been affected - check AnnualCreditReport.com, which is provided for free because of the Fair Credit Reporting Act, to know for sure. Keep in mind that paying off the collection agency won't take the black mark off your credit report, that's harder but there's another thread to help you with that. I keep a very close eye on my credit and nothing has been reported as of yet.
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Jul 31, 2013 20:49
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The March Hare posted:I'm in NY and I just found a somewhat disturbing thing out about the way payroll is done in my company. We clock in to work using a fingerprint system, so they have the exact hours we have worked every day. If I show up to work later than 8:30 by any amount, I am given some number of points toward the "yo, you are late too often and now you are fired" number. If I am late by 00:00:01 - 00:14:59 I get .25 points. I thought these points where just a tally system, but it turns out that they also simply do not pay you for that amount of time. This means that on days where I have been literally late to work by less than 60 seconds, I am not being paid for an entire 15 minutes of my time. I am expected to work during this time. Is this in any way legal? Federal Department of Labor posted:Employee time from 1 to 7 minutes may be rounded down, and thus not counted as hours worked, but employee time from 8 to 14 minutes must be rounded up and counted as a quarter hour of work time. See Regulations 29 CFR 785.48(b). That makes it sound like your company is in the wrong. 29 CRR 785.48(b) posted:“Rounding” practices. It has been found that in some industries, particularly where time clocks are used, there has been the practice for many years of recording the employees' starting time and stopping time to the nearest 5 minutes, or to the nearest one-tenth or quarter of an hour. Presumably, this arrangement averages out so that the employees are fully compensated for all the time they actually work. For enforcement purposes this practice of computing working time will be accepted, provided that it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked. But this is incredibly vague.
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Jul 31, 2013 21:54
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Guy Axlerod posted:That makes it sound like your company is in the wrong. Seems pretty clear: quote:“Rounding” practices. It has been found that in some industries, particularly where time clocks are used, there has been the practice for many years of recording the employees' starting time and stopping time to the nearest 5 minutes, or to the nearest one-tenth or quarter of an hour. Presumably, this arrangement averages out so that the employees are fully compensated for all the time they actually work. For enforcement purposes this practice of computing working time will be accepted, provided that it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.
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Jul 31, 2013 22:20
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patentmagus posted:Yes, the outcome isn't perfect, but it could be far worse. For example, if you went with a third party claim then the other insurance company would probably have offered far less than bluebook value. They figure that you're desperate enough for some money and will settle for dimes on the dollar. Anyways, you are being treated fairly with respect to the property claim. We took my wife to the doctor yesterday. He gave her a once over to check for anything major and obvious. We have medical insurance so we only had to pay a copay. We were told to pay close attention over the next few days for anything unusual that could develop, but the fine engineers at Toyota did a good job keeping my wife safe. The car took the brunt of the impact, like it is supposed to.
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Jul 31, 2013 23:04
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Cross-posting this from the tax thread, thought maybe some of you types could help with a bit of translation. We're incorporating as a non-profit. At the state level, there's a form:quote:6. For Nonprofit Corporation Only: What the heck does that even mean, and what on earth is supposed to go in that blank?  Here's the entire form if it helps.
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Jul 31, 2013 23:41
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My girlfriend's car was recently hit by someone even when her car was parked. The total cost of repair was 1500 but unfortunately the insurance company only covers damage past 500. Will she be able to get the 500 back? I think it is frustrating that she still has to pay despite the car being parked, meaning she had nothing to do with it.
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Aug 1, 2013 03:38
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If the insurance company subrogates her claim and gets a sufficient award she should get her deductible back. Lots of ifs.
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Aug 1, 2013 03:41
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What are the chances of that happening and how would I do that?
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Aug 1, 2013 03:46
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Do you know who hit her car, or did she discover the damage when she came out of the store and the other driver had long left? Because if the insurance company doesn't have anyone else to sue, you're on the hook for the deductible.
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Aug 1, 2013 05:02
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We know who did it and we exchanged insurance information
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Aug 1, 2013 13:59
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lollybo posted:We know who did it and we exchanged insurance information Give his insurance info to your insurance and they'll handle it. Your chances might be pretty good.
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Aug 1, 2013 14:32
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FrozenVent posted:Give his insurance info to your insurance and they'll handle it. Your chances might be pretty good. If you know who hit you, and they admit it, and you got their insurance information and have filed a claim through your insurance (who should have then asked you for the other person's insurance information) then you'll get your deductible back because the other party is responsible. You shouldn't have to pay a deductible for an accident that someone else admitted to. I have had three vehicles extremely damaged or completely destroyed by idiots in the past 3 years. I have always been able to get the total cost of repairs by taking my car in to get repaired by my licensed dealer. The repair place faxed the invoice directly to the other party's insurance company, thus no money entered or left my hands. No deductible was paid by me. In the case of the destroyed vehicle, an insurance adjuster came and looked at my care and said "yep it's totalled" and cut me a check for $6800 right there. Which was VERY fair for the type of car (5 year old Focus with 90K miles) and I just used it as most of a down payment for a new(er) car. I was also able to get rental cars (for the times I needed it) and that also did not cost me money, and no money entered or left my hands for the rental car. It was all taken care of through the insurance companies. Maybe I just have really good insurance people? I always say that I'm the only person I know of who has made money off their car insurance. I've had so many claims! And my rates have never gone up.
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Aug 1, 2013 17:28
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razz posted:If you know who hit you, and they admit it, and you got their insurance information and have filed a claim through your insurance (who should have then asked you for the other person's insurance information) then you'll get your deductible back because the other party is responsible. You shouldn't have to pay a deductible for an accident that someone else admitted to. I have also made money on insurance several times. Most recently I bought a used Honda Accord off of a family that was just going to trade it in for poo poo money at the dealership my sister worked for. They sold it to me for $1,000 and I totaled it less than a month later, received $6k from insurance.
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Aug 1, 2013 17:43
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razz posted:You shouldn't have to pay a deductible for an accident that someone else admitted to. Well, you may have to pay the deductible up front, but then receive a reimbursement when the other insurance settles. That happened to me, at least.
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Aug 1, 2013 17:53
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Bojanglesworth posted:I have also made money on insurance several times. Most recently I bought a used Honda Accord off of a family that was just going to trade it in for poo poo money at the dealership my sister worked for. They sold it to me for $1,000 and I totaled it less than a month later, received $6k from insurance. When they gave me the $6800 for my Focus, it was less then a week after I had made a claim for hail damage, and hadn't had time to get it fixed so I had a ~$1600 check sitting in my wallet. Well, the claims adjustor somehow missed the hail damage, so he gave me the $6800 which is what I should have gotten for an undamaged car. So... I actually ended up with like over $8k because they screwed up, for a car that was only worth about 5K. They later realized the mistake but were like "whatever just keep the money". I actually think having your car totalled and getting a new one with insurance money is a good deal (minus the hassle), haha. If that car hadn't got totalled and I traded it in towards the purchase of a new car, I'd probably have gotten like 3k. And it was a Focus pushing 100k miles so... who knows if it would have even lasted much longer.
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Aug 1, 2013 18:11
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The tricky part is totaling your car, not getting injured in the process, and have it not be you fault.
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Aug 1, 2013 18:19
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euphronius posted:The tricky part is totaling your car, not getting injured in the process, and have it not be you fault. Live in a college town. You'll get in all sorts of slow speed minor collisions with undergrads that somehow manage to total your car at 20 mph!
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Aug 1, 2013 18:25
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I do and you are correct. That is the best way. We also have a large population of 75+ year olds with licenses to kill I mean drive.
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Aug 1, 2013 18:27
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On that note, I'm super bummed my cat-like reflexes and impeccable driving skill avoided a minor collision the other day. Almost got backed into by a 100% deaf hundred year old guy, he would have taken out my fender and one of the side panels on my truck. I'd already pulled out of my parking spot into the lane, just hadn't straightened out yet, and he started backing out right into me. Couldn't hear me laying on my horn or the 3 people standing there shouting at him to stop. I managed to duck back into the spot a little bit and he missed me by a couple inches. I actually had to get out to see if he'd bumped me or not. He never even realized. We're about to sell my truck and replace it with something else, too, the timing would have been perfect. I also made bank on a car once: old ford escort, it was parked in the lot at the dog park and some guy backed right into the front corner with his big ol' truck. His fender was high enough to go right over mine so it crunched the headlight in and hosed up a bunch of framework inside, jimmied the hood crooked, messed up multiple panels, etc. Insure said they'd pay whatever to have a place fix it (somehow, it wasn't totaled) or they'd give me a check and I could sort it myself. Well, I didn't care so much about the car being pretty, and the check was a good $400 more than I'd paid for the car myself, so I did that, and got a friend to help me fix up the car "good enough." Still passed inspections and all that so I guess it was fine. I later sold the car to that same friend for another $800, so the car ended up buying several years worth of insurance for itself.  If only I hadn't dodged with the truck the other day, though. I'd have been 2-0 then on fortuitous vehicle accidents.
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Aug 1, 2013 18:39
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Bad Munki posted:Well, I didn't care so much about the car being pretty, and the check was a good $400 more than I'd paid for the car myself, so I did that, and got a friend to help me fix up the car "good enough." I had a similar thing happen. My dad gave me his old beater truck. A kid rear-ended me at a stoplight and I got $680 bucks out of the deal. Well, I didn't care about the dented rear bumper, so I used the money to fix the 4-wheel drive and an idling problem that it had where it would randomly die at the most inconvenient times. Now it's not a beater anymore and my husband drives it daily! I've avoided a couple dozen accidents, a few of which I really believe my car would have been totalled and/or I would have been injured, simply by being a good and observant driver.
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Aug 1, 2013 18:59
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Baruch Obamawitz posted:Well, you may have to pay the deductible up front, but then receive a reimbursement when the other insurance settles. That happened to me, at least. That doesn't always happen - this is just my personal experience though. Some kid hit me about 5 years ago and I had to pay my deductible to get my car fixed. My insurance company called 6 or 9 months later saying they couldn't recover any money from the other company. They suggested I take the driver to small claims court which I did. The sheriff was unable to serve the driver with a summons so I never got my deductible back!
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Aug 1, 2013 19:17
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space pope posted:That doesn't always happen - this is just my personal experience though. Some kid hit me about 5 years ago and I had to pay my deductible to get my car fixed. My insurance company called 6 or 9 months later saying they couldn't recover any money from the other company. They suggested I take the driver to small claims court which I did. The sheriff was unable to serve the driver with a summons so I never got my deductible back! That's what we mean when we say judgment-proof. He probably didn't have $500 anyway.
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Aug 1, 2013 21:35
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small question....There is a good chance i will be going to court if my previous employer does not settle. Its a workers comp case, and my ex-employer has had a history of stretching out legal battles, so I guess Im in for a new crappy experience if this goes to court. that being said, I just signed up as a freshman at my local community college..Im taking 15 hours, and I hope to continue this workload in the spring if I do well. So far, my summer classes have worked well for me, so Im optimistic. Is it possible to juggle a trial and college? Or do I really have no idea what will be in store for me if they do not settle?
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Aug 1, 2013 22:29
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