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Scheduling Nebraska Nevada

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  • Scheduling Nebraska Nevada

    My girlfriend is working for an incredibly unethical and unprofessional employer who doesn't give her breaks, doesn't pay overtime, and regularly changes her schedule the day they work. I have 2 questions in regards to her employer.

    First is there any Federal or Nevada law requiring any kind of notice if a posted schedule is changed.

    Second her employer tells her that she doesn't have to pay overtime to her because she is considered a small business. I looked up the state laws and from what I could see her employer is exempt from paying overtime if the business grosses less than $250,000 a year. From conversations with my girlfriend she knows that her employer personally takes home around $240,000 and this is after she pays rent on 2 facilities, pays wages on around 10 employees, and all the other costs included in having a small business.

    Any help you can provide I would appreciate.
    Last edited by jb03; 07-17-2008, 10:25 AM. Reason: Mistake on State

  • #2
    There is no state where a posted schedule is required or where there are any laws requiring a schedule to be released within x amount of time.

    It's actually $500,000, not $250,000. But there's another aspect to it, too; the business must not be engaged in any interestate commerce.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      The following fact sheet discusses the coverage rules for the FLSA law. Technically the "interstate commerce" rule is a test applied to individual employees, and not the company on a whole.

      http://www.dol.gov/esa/whd/regs/compliance/whdfs14.pdf
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        However, regarding minimum wage and overtime, the state MAY have a lower threshhold. It couldn't hurt to contact the Labor Commissioner's office to inquire.

        See here for break requirements:
        http://www.laborcommissioner.com/faqs.htm
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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