There is not necessarily a set answer to this. Per diem pay / expense reimbursement can be tricky, and depends on the specific employment policy or agreement in place. They can also interact with overtime laws in complicated ways. I would suggest reaching out to a local employment attorney for...Read more »
It is very likely that this is a legal violation which would allow you to recover lost wages and penalties, but I would need a few more facts to know for sure. We've represented workers in similar cases with good results. Feel free to email or call for more information.
Strictly speaking, there's no minimum time limit before suing, but it almost never makes sense to just file suit without taking certain steps first to ensure you've positioned yourself in the best possible manner. Jumping straight to filing a legal action is rarely the best or most...Read more »
I work in the state of La. for a large government contracting company. Due to the current government shutdown, a work stoppage has been issued and we’re not getting paid, yet we are being asked to do some work without pay. Is that legal, and are we entitled to compensation for every hour we work... Read more »
Generally, it is not legal for a company to require you to work without pay. There are some unique aspects to this rule given the government shutdown; however, even the government is required to pay people on time, and the shutdown does not excuse them from lawsuits for unpaid wages. I would need...Read more »
That depends. Some unpaid overtime lawsuits are filed as "collective actions," which means that other co-workers can ask the court to join the suit. Other lawsuits are filed just on behalf of one individual. I would need to know more about your co-worker's lawsuit to answer this question.
It is impossible to answer that question without more detailed information. Whether a manager is properly overtime exempts depends on several factors including: how much of his time he spends managing other employees, whether he has authority to hire or fire, the number of employees who he...Read more »
I signed a contract that states I get paid $60000. My employer told me that they have to cut my pay in order to higher a certified employee. I already signed the contract 2 months ago. I do not see in the contract where it states my pay can be cut.
There is not enough information here to give a certain answer. In most cases, employers must pay employees for training time. There are a few narrow exceptions, but these are very fact specific. You should speak to a local employment lawyer to discuss your specific situation.
Thanks for the question. It's not clear what you mean by "reconstruction in court," but if you are referring to a bankruptcy restructuring, the answer is that companies undergoing bankruptcy may have the right to rescind or reject contracts that were entered into before the...Read more »
No. Unless you signed a severance agreement or other contract with the company, and they agreed to provide you with a reference, there is no requirement that a former employer provide verification of past employment.
As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.
This is not legal. The National Labor Relations Act (NLRA) states that employees have the right to gather together to discuss the terms and conditions of employment - this includes discussing their wages and salaries. For more information, read my blog post here....Read more »
In most cases, yes, unless the individual is a genuine supervisory employee who is paid at least $455 a week, guaranteed, and has a primary duty of supervising others rather than performing manual work. You should speak to a local employment attorney about your options.
If they sent to the wrong address, it is on them (unless you failed to update them of the correct address). If they mailed it to the correct address and it was just misdelivered, neither is responsible. Either way they should void that check and send you a new one.
My supervisor is retaliating towards by putting me in areas with larger work volumes and recently changed my shift to a conflicting shift. Shes also tampering with my hours, so i wont recieve my correct pay. I feel forced to quit. What can i do?
I have to take there cell phone and answer it all hours of the night and all weekend, this is done after I work 40 hours a week, they pay me 16.42 a day to take the phones, I feel this is to low. The phone rings whenever a guard calls out or a company calls to hire us. I tried to not take the phone... Read more »
The company must pay you when you are actually on the phone, or dealing with whatever issue that you've been called about. They are not required to pay you for the time you are merely waiting to be called, *unless* there are significant restrictions placed on you during your on-call times --...Read more »
Today I told my boss's boss (a regional leader at my company) that I'm expecting my third child. Her response was, "You do know how that happens, right?" A few minutes later she loudly told one of my coworkers that she doesn't like that I'm pregnant. I'm terrified... Read more »
Those two comments, alone, do not make for a hostile work environment. To be a hostile work environment, comments must be so extreme as to be beyond all normal bounds of dignity; or be continuous and ongoing over a period of time. These comments were rude, but not extreme. However, if similar...Read more »
The contract refers to me as a "Contract Freelancer." It specifies start and end dates. It states I am "guaranteed" an annualized base gross salary of X as well as additional benefits offered to regular employees (health, PTO, 401k, etc.).
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