--- name: wage-hour-qa-yachela title: /wage-hour-qa description: Jurisdiction-aware wage/hour and employment Q&A — classification, overtime, meal/rest breaks, leave, final pay — answered for the specific state/country with the controlling rule researched and cited rather than stated from memory. Use when the user asks any employment law question, or says "what's the rule in [state]", "is this exempt", "do we have to pay overtime for", or "can we classify this as". author: yachela author_url: https://github.com/yachela/claude-for-legal-ar/tree/main/employment-legal/skills/wage-hour-qa license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: ar practice: employment language: en --- # /wage-hour-qa 1. Load `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → jurisdictional footprint. 2. Use the workflow below. 3. Identify jurisdiction the question is about. If not specified, ask. 4. Answer per that jurisdiction's rule. Cite. Flag if it's a close call or law is shifting. --- ## Matter context **Matter context.** Check `## Matter workspaces` in the practice-level CLAUDE.md. If `Enabled` is `✗` (the default for in-house users), skip the rest of this paragraph — skills use practice-level context and the matter machinery is invisible. If enabled and there is no active matter, ask: "Which matter is this for? Run `/employment-legal:matter-workspace switch ` or say `practice-level`." Load the active matter's `matter.md` for matter-specific context and overrides. Write outputs to the matter folder at `~/.claude/plugins/config/claude-for-legal/employment-legal/matters//`. Never read another matter's files unless `Cross-matter context` is `on`. --- ## Purpose "It depends" is true but unhelpful. This skill produces a jurisdiction-specific answer grounded in researched, cited primary sources — and flags when the question is close enough to need human judgment. It does not state rules from memory: wage-and-hour thresholds, exemption criteria, and final-pay timing change frequently and vary meaningfully by state. ## Load context `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → jurisdictional footprint. If the question doesn't specify a jurisdiction, ask — or answer for the state with the most employees and note that. ## The answer ### Step 1: Jurisdiction Which state/country is this about? If not stated: - If it's about a specific employee: where do they work? - If it's a policy question: identify the jurisdictions in the footprint that are most likely to be the most restrictive on the question at hand, then research those. ### Step 2: Research the rule, then state it > **Research before answering.** For the jurisdiction and question, identify > the currently operative rule. Cite the controlling primary source (statute, > regulation, wage order, or case) with a pinpoint cite. Note the effective > date and whether the rule has been recently amended, indexed, or is in > litigation. If you are uncertain or cannot verify the current state of the > law, say so and flag for attorney verification — do not state a rule you > haven't confirmed. State the rule in one paragraph, tied to the cite. Use your tools (web search, legal research integrations, team reference materials) to verify currency — especially for: > **No silent supplement.** If a research query to the configured legal research tool (Westlaw, CourtListener, or firm platform) returns few or no results for the jurisdiction-and-question, report what was found and stop. Do NOT fill the gap from web search or model knowledge without asking. Say: "The search returned [N] results from [tool]. Coverage appears thin for [jurisdiction / question]. Options: (1) broaden the search query, (2) try a different research tool, (3) search the web — results will be tagged `[web search — verify]` and should be checked against a primary source before relying, or (4) flag the question as unverified and stop here. Which would you like?" A lawyer decides whether to accept lower-confidence sources. > > **Source attribution.** Tag every citation in the answer with where it came from: `[Westlaw]`, `[CourtListener]`, or the MCP tool name for citations retrieved from a legal research connector; `[web search — verify]` for web-search citations; `[model knowledge — verify]` for citations recalled from training data; `[user provided]` for citations the user supplied. Citations tagged `verify` carry higher fabrication risk and should be checked first. Never strip or collapse the tags. - Salary thresholds for any exemption (federal and state — several states index annually and several have tiered thresholds by employer size). - Final-pay timing on termination vs. resignation (many states differ). - PTO payout requirements (jurisdiction-specific; some require, some leave it to policy, some depend on accrual-plan design). - Meal and rest break rules and any penalty-pay consequence. - Daily or weekly overtime rules (some states have daily overtime and double-time rules that federal law does not). - Classification tests — see the worker-classification skill; the applicable test depends on jurisdiction and purpose. Common question types you may be asked — for each, the answer is jurisdiction-specific and time-sensitive. Do not state the rule here; route to research: - "Is this role exempt?" — Research the applicable federal and state salary thresholds (verify current amounts and any employer-size tiers) and the applicable duties test(s). - "Do we have to pay overtime for X?" — Research federal FLSA overtime plus any state-specific overtime rules (daily OT, double-time, alternative workweeks). - "Do we have to provide meal/rest breaks?" — Research the applicable state rule and any penalty-pay consequence for missed breaks. - "When is final pay due?" — Research the applicable state rule, including whether timing differs for termination vs. resignation and whether waiting-time or late-pay penalties apply. - "Do we have to pay out accrued PTO?" — Research the applicable state rule and any carve-out for accrual-cap or use-it-or-lose-it policies. - "Can we classify this person as a contractor?" — Route to `/employment-legal:worker-classification` if the facts are not already clear. ### Step 2a: FLSA regular-rate and back-pay calculations (US) When the question is a US back-pay computation, unpaid-OT computation, or any question that turns on the FLSA "regular rate," use this scaffold. Do not answer from bare hourly wage × OT hours. 1. **Non-discretionary bonuses are IN the regular rate.** Productivity bonuses, attendance bonuses, commissions, shift differentials, and most "bonuses" a reasonable employee would expect are non-discretionary under §207(e)(3). 2. **The unpaid OT premium is 0.5×, not 1.5× — when straight time was already paid for all hours.** If straight time was paid for OT hours, they are owed the half-time premium: `unpaid OT = 0.5 × regular rate × OT hours`. If not paid at all, they are owed 1.5× the regular rate. 3. **Show your math.** Print the formula and the inputs explicitly: ``` Regular rate = (straight-time wages + non-discretionary bonuses + other non-excluded comp) ÷ total hours worked OT premium owed = 0.5 × regular rate × OT hours [if straight time already paid] = 1.5 × regular rate × OT hours [if OT hours were unpaid] ``` 4. **Liquidated damages double the back-pay.** 29 U.S.C. §216(b). 5. **Statute of limitations is 2 years; 3 for willful.** 29 U.S.C. §255(a). 6. **State overlay.** Check state wage-and-hour law (e.g. daily OT in CA, higher multipliers). 7. **Attach the verify tag.** Any back-pay amount produced carries `[verify — consult wage-and-hour counsel before asserting or paying]`. ### Step 2b: Argentine wage, overtime, and SAC calculations (Argentina) When the question is an Argentine wage, overtime, or Sueldo Anual Complementario (SAC) calculation, use the following rules under Ley 11.544, Ley 23.041, and LCT N° 20.744: 1. **Working Hours Limit (Jornada de Trabajo):** Legal limit is 8 hours daily or 48 hours weekly (Ley 11.544). Any excess is overtime (*horas suplementarias*). 2. **Overtime Surcharges (Horas Extras):** - **Horas al 50%:** Overtime on normal business days (Monday to Friday, and Saturday before 13:00) is paid with a 50% surcharge. - **Horas al 100%:** Overtime on Saturday after 13:00, Sundays, and national holidays is paid with a 100% surcharge. 3. **Hourly Overtime Rate Calculation:** - Monthly divisor is typically 200 hours (or the one established by the applicable CCT, e.g. 192 or 200). - `Valor Hora Común = Sueldo Básico Mensual ÷ Divisor` - `Hora Extra al 50% = Valor Hora Común × 1.50` - `Hora Extra al 100% = Valor Hora Común × 2.00` 4. **Sueldo Anual Complementario (SAC / Aguinaldo):** - Paid in two installments (June and December). - Calculated as 50% of the highest monthly remuneration received by the employee within the semester (Ley 23.041). - Proportional SAC is calculated upon termination: `SAC Proporcional = (Mejor Remuneración ÷ 2) × (Días Trabajados en el Semestre ÷ 180)`. 5. **Proportional Vacation Settlement (Vacaciones no Gozadas):** - Vacations are calculated using a 25-day divisor (Art. 155 LCT): `Valor Día Vacación = Remuneración Mensual ÷ 25`. - Vacation entitlement depends on seniority (from 14 to 35 days). Upon termination, proportional vacations must be paid: `Días de Vacación Proporcionales = (Días de Derecho Anual × Días Trabajados en el Año) ÷ 365`. - SAC on vacations must also be added: `SAC s/ Vacaciones = Vacaciones no Gozadas ÷ 12`. 6. **Show your math.** Print the formulas and inputs explicitly: ``` Valor Hora Común = Sueldo Básico ÷ Divisor (normalmente 200 o según CCT) SAC Proporcional = (Mejor Remuneración del Semestre ÷ 2) × (Días del Semestre Trabajados ÷ 180) Vacaciones Proporcionales = (Días de Derecho según antigüedad × Días del Año Trabajados ÷ 365) × (Remuneración ÷ 25) ``` 7. **Attach the verify tag.** Any calculated wage or overtime amount carries `[verificar — consultar con asesor legal y CCT aplicable antes de pagar]`. If the question is a calculation and any of these inputs are missing (basic salary, CCT applicable, hours worked, dates of employment), **ask before computing**. A confident wrong number is the worst output this skill can produce. ### Step 3: The flag Is this a close call? Be honest. - If the answer is clear on the researched rule: say so. "Exempt — meets each element of the applicable duties test and the current salary threshold." - If it's close: say so. "The duties test is borderline — this role could go either way. Recommend classifying as non-exempt to be safe, or getting a formal opinion." - If the law is in flux: say so. "This rule has been amended recently — the current version takes effect [date]. Confirm effective date before relying on this answer." - If you could not verify currency: say so. Do not guess. ## Output format Conversational. This is a Q&A, not a memo. > **Research-connector pre-flight.** Before emitting the answer, check whether a legal research connector is reachable for this session — Westlaw, CourtListener, or any firm-configured research MCP. Collect this into the reviewer note per CLAUDE.md `## Outputs`: if no connector returns results in Step 2 (or none is configured at run time), record it in the **Sources:** line of the reviewer note — e.g., `not connected — cites from training knowledge; pinpoint cites (volume/page/subsection) carry the highest fabrication risk, spot-check those first`. Per-citation `[model knowledge — verify]` tags remain inline. Do not emit a standalone banner above the output. > **Jurisdiction assumption.** Answers apply only to the jurisdiction identified. Wage-hour rules, exemption thresholds, and final-pay timing vary materially by state and country, and many rules index or change year over year. If the employee works in another jurisdiction, or the question is answered for the default-footprint state, this answer may not apply as written. ``` **[Jurisdiction]:** [The researched rule, one paragraph, with pinpoint cite and currency note.] [If close call or shifting law: the flag.] [If the answer differs in other footprint jurisdictions: one line noting that, and whether the differences are material.] ``` > **Verify citations.** Any case, statute, regulation, or wage-order cite above was generated with AI assistance. Before relying on a cite, check it against Westlaw, CourtListener, the relevant state agency's site, or your firm's research tool for accuracy, currency, and subsequent history. Fabricated or misquoted citations in filings or formal advice have resulted in sanctions. ## Close with the next-steps decision tree End with the next-steps decision tree per CLAUDE.md `## Outputs`. Customize the options to what this skill just produced — the five default branches (draft the X, escalate, get more facts, watch and wait, something else) are a starting point, not a lock-in. The tree is the output; the lawyer picks. ## What this skill does not do - State the rule from memory — every answer is grounded in a researched, cited primary source verified for currency. - Make classification decisions for borderline cases. It states the rule and flags the close call. Human decides. - Give a 50-state survey unless asked. Answers for the relevant jurisdiction(s). - Track when the answer changes. If thresholds index or law shifts, the answer goes stale. Re-ask for current.