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Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: How do I enter evidence in a de novo trial that is appealing a decision made by the labor commissioners office? L

Los Angeles County, California

James L. Arrasmith
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answered on Apr 25, 2024

In a de novo trial appealing a decision made by the Labor Commissioner's Office in Los Angeles County, California, you will need to follow these steps to enter evidence:

1. Gather all relevant evidence: Collect all documents, recordings, or other materials that support your case, such...
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0 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: I sent an email to HR stating that I feel I was a victim of retaliation due to filing a claim for unpaid overtime

They replied with “the executive team will research and get back to you “ The issue is, the executive team is one person, and it was the person I was complaining about. So after their “ extensive “ one day investigation, they concluded he had done nothing wrong. When I asked HR who lead the... View More

1 Answer | Asked in Employment Law for Georgia on
Q: I am a 1099 employee driving a company vehicle..is it legal for them to make me buy fuel for there vehicle

Also if this is legal can I write my gas off even though I drive there vehicle

John Michael Frick
John Michael Frick
answered on Apr 25, 2024

An independent contractor (i.e. a 1099 employee) such as yourself can enter into any agreement you want with the company that hires you. They may ask to condition your use of their vehicle on you paying for the fuel you use, and you can agree or not.

It is kind of unusual to have an...
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0 Answers | Asked in Employment Discrimination, Employment Law and Landlord - Tenant for Pennsylvania on
Q: Can my former employer keep my last paycheck because I owe him rent

My former employer offered to rent me a room but it wasn't ready. Due to an hour travel to and from work he offered to let me stay in a room close by free of charge until my room was ready. I stayed in that room for a week and a half and ended up in the hospital. During my hospital stay, he... View More

1 Answer | Asked in Employment Law for California on
Q: Hi! I am so confused. What does “Order to Show Cause: Default Judgment” mean? Thank you
James L. Arrasmith
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answered on Apr 25, 2024

An "Order to Show Cause: Default Judgment" is a legal document issued by a court in California when one party to a lawsuit (the defendant) has failed to respond to the complaint or otherwise appear in the case. Here's what it means:

1. Default: The defendant has not filed a...
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0 Answers | Asked in Employment Law for Florida on
Q: Your sick with a doctors note.

Can an employer who doesn’t offer pto or sick days force you to pick up shifts to make up for a sick day?

0 Answers | Asked in Employment Law for Florida on
Q: is it legal for the job to require you to do unpaid work?

The job is commission where your paid by the service (massage therapy) Is it legal to force employees to do unpaid labor such as laundry and cleaning?

0 Answers | Asked in Employment Law and Employment Discrimination for Pennsylvania on
Q: I'm an adult with a disability & I was recently fired. I think my rights were trampled on as.

My supervisor told me that I was a problem & needed to seek some type of help. She asked the other supervisor to use her social worker degree in order to make sense of what I was trying to say.

0 Answers | Asked in Employment Law for Iowa on
Q: Can our selection team give preferance to applicants who are members and referrals from coalition groups?

In addition to advertising the job opening to our membership and asking groups we work in coaltion with we also advertised on a website. Can we give those who are members or who have been referred by groups we work in coaltion preference in terms of granting an interview or any other preferences?

0 Answers | Asked in Employment Law for Massachusetts on
Q: Is it legal for my employer to be misleading about my vacation time in Massachusetts?

At my pervious job, I was able to check my accrued vacation time. It displayed 148 hours accrued, but upon resignation, I was only paid out 65. When I called to ask where the rest of the hours were, I was told that I hadn’t actually accrued them, but would have in the future if I continued my... View More

0 Answers | Asked in Employment Discrimination and Employment Law for Georgia on
Q: What are my rights in an employment investigation in Georgia?

Do they have to present evidence, dates, accusers? Do they have to investigate in a timely manner?

0 Answers | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Does an at will employee terminated prior to a retroactive profit sharing plan being put in place have a viable claim?

Said employee has nearly 5 years of service, compared to other employees only having 1 year or less

0 Answers | Asked in Employment Law for Texas on
Q: Can I sue my employer for changing my hours, not paying OT, no access to stubs, taking child support but not paying it

My employer has changed my hours multiple times, had to go through trash to find my time sheet that was changed bc I had no access to check stubs, not paid me operator pay during times I ran equipment, not paid OT, did not take out federal taxes which caused me to owe the irs thousands, took out... View More

0 Answers | Asked in Employment Law for Illinois on
Q: I lease a tractor trailer in Illinois and worked for them. They have not paid me. Do I need a lawyer from Il.?

I never signed a lease. We communicated mostly through email and text. They have my maintenance, escrow and final 3 weeks of pay withheld. I was supposed to lease a truck, but it never was ready. I was told I would get everything back, but they quit communicating after I came back to Louisiana.... View More

1 Answer | Asked in Employment Law for Texas on
Q: I live in Texas and my employer said I cannot pump milk on the job and I have to dry up is that legal?

I am a nursing mother outside of work and I just started working well when I said I needed to pump my employer asked if I was drying up because during the mornings it’s so busy and I won’t have time to pump and when I said no she stayed quiet is this grounds to fire me? I didn’t know this... View More

John Michael Frick
John Michael Frick
answered on Apr 24, 2024

Any employer who has at least fifty employees is required to provide reasonable breaks and a private place other than a restroom for a mother to pump milk for one year from the date of birth of the child.

Guidance suggests that "reasonable breaks" should be 2-3 breaks in an...
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1 Answer | Asked in Employment Law and Immigration Law for Ohio on
Q: If I was selected in the H1B lottery 2024, what is the next step and how many days are given to file the H1B petition?
James L. Arrasmith
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answered on Apr 25, 2024

If you were selected in the H1B lottery for the fiscal year 2024, congratulations! The next step is to file your H1B petition with the United States Citizenship and Immigration Services (USCIS). Your employer will be responsible for filing the petition on your behalf.

Typically, you have 90...
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0 Answers | Asked in Employment Law for South Carolina on
Q: Did nurses start watching people pee
0 Answers | Asked in Employment Law and Appeals / Appellate Law for Massachusetts on
Q: I was denied my unemployment benefits because I was not able to work and I was out on a doctors note

I don’t know how someone can lose their job while out on a doctors note and I was employed at a hospital

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