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Questions Answered by Kyle Anderson
1 Answer | Asked in Employment Law for Arizona on
Q: Is it legal for my employer to go in to change my clock in time without it being in my contract or previously discussed?

I just started a new job recently and during training was instructed that I was allowed to clock in "up to 5 minutes" before the hour my shift starts.

I have been doing this and discovered last night that the times I'm being paid for have been adjusted compared to what they... View More

Kyle Anderson
Kyle Anderson
answered on May 12, 2021

How many hours per week are you working? The Fair Labor Standards Act allows for rounding, as long as the rounding system does not result in a failure to count as hours worked all the time employees have actually worked over a period of time. I would reach out to an employment attorney because more... View More

2 Answers | Asked in Employment Law, Workers' Compensation, Civil Rights and Sexual Harassment for Pennsylvania on
Q: Verbal and sexual harassment at a union job. Terminated after filing sexual harassment complaint.

Here are a few bullet points of what occurred:

1. Verbal & Sexual Harassment

2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.

3. Vehicle... View More

Kyle Anderson
Kyle Anderson
answered on May 12, 2021

Hello, more information is needed here in regard to the sexual harassment and unpaid hours. How many hours per week are you working? How many hours are you not being paid for? I would reach out to an employment law attorney to discuss this matter.

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1 Answer | Asked in Employment Law for Massachusetts on
Q: I own some rental properties that I manage myself. From time to time I need an extra hand to do routine chores

as lawns, hedges, painting minor repairs..... This entails 20-30 hrs per month. How do I pay this person if I direct his activities, He does not live in one of the units.

Kyle Anderson
Kyle Anderson
answered on May 6, 2021

Hi, more information is needed here. Generally speaking you will need to make sure the person at least the federal and state minimum wage for all hours worked. As well as overtime for hours worked over 40 in a workweek. I would reach out to an employment law attorney in your state for a... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Disability, had incident at work, had to leave because of manager discrimination.

I have a disability covered by the ADA, and I had an incident at work. My manager angrily told me that I had to tell her that I had this disability before she hired me, and denied that HIPPA had any relevance to the situation. I left, but not without the parting shot from her of "I never would... View More

Kyle Anderson
Kyle Anderson
answered on May 6, 2021

Hi, more information is needed here. One issue I see is that it seems you quit. More information is needed about the environment. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Ohio on
Q: Former employer's HR retaliated against me for reporting racism in the workplace. I later quit and HR denied benefits/UI

HR (and other supervisors) refused to do anything about racism in the workplace. They lied about company policy and my ability to resolve the issues on my own. And Later when I quit due to these and other conditions, they denied paying out vacation that I was eligible for and entitled to because... View More

Kyle Anderson
Kyle Anderson
answered on Apr 28, 2021

Hi, more information is needed here. Complaints about racism in the workplace may be protected under Title VII. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Colorado on
Q: Questions Regarding Pregnancy Accommodations and FMLA in Colorado State?

I am wondering if it would be possible to get input from one of your attorneys in regards to an employment situation that I have recently found myself in.

I am currently 6.5 months pregnant, and have been granted an accommodation since January, during my first trimester, when I started to... View More

Kyle Anderson
Kyle Anderson
answered on Apr 28, 2021

Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... View More

1 Answer | Asked in Employment Law for Missouri on
Q: Is a paid Fire Chief also allowed to collect compensation for fire calls that they go to?
Kyle Anderson
Kyle Anderson
answered on Apr 21, 2021

Hello, more information is needed here. Is the Fire Chief paid hourly? Does the Fire Chief work more than 40 hours per week? Employees need to be paid at least the minimum wage for all hours worked and at a rate of one and one half times their regular hourly rate for all hours worked above 40. I... View More

1 Answer | Asked in Employment Law for Texas on
Q: Hello, I am being offered a job by a company based in Wisconsin - its remote opportunity while I am based in Texas.

They have an open ended non compete and non solicitation for 1 year w.r.t the parent company (not the division employing me). The offer says that its based on Laws of Wisconsin and USA.

Kyle Anderson
Kyle Anderson
answered on Apr 21, 2021

Hello, I am not sure what your question is. If you are wondering who to have look over your non-compete, I would reach out to an employment law attorney in Wisconsin because that is the the state which governs the agreement.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my husband's company require him to get the COVID vaccine? It's a private company with over 25 employees.

We are declining the vaccine based on our religious beliefs. Is this a violation of The Title VII inequality act of 1964? He was told he can work from home, but NEVER return to the office if he does not get the vaccine. Is this legal?

Kyle Anderson
Kyle Anderson
answered on Apr 15, 2021

An employer can require its employees to get a vaccination with the exception of the employee having a medical condition or in some instances, a religious belief. I don't see an issue with the employer requiring him to work from home. More information may be needed however. I would reach out... View More

2 Answers | Asked in Employment Law for Texas on
Q: Can the salon I work for that gave me a W-9 require me to get LLC? They hired me as 1099 am I misclassified

They have a dress code I have a key but I have a set schedule that is when they are there and when a receptionist is there. I am also paid commission. I am afraid being LLC would hurt me tax wise vs just staying how I am because my write off have gone down since starting with them as I don’t have... View More

Kyle Anderson
Kyle Anderson
answered on Apr 15, 2021

Are you paid hourly? How many hours per week are you working? The employee vs. independent contractor analysis can vary state to state, but in general, is likely quite similar. I would reach out to an employment law attorney in your state for a consultation.

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1 Answer | Asked in Employment Law for Texas on
Q: Daughter was terminated via text message. They did pay her. They have not issued documentation on her performance.

Chiropractor office. Small business. Office manager sent text message Saturday morning, stating going in a different direction. Also stated there were performance issues. Offered to give a positive reference. Has never seen or signed any corrective actions.

Kyle Anderson
Kyle Anderson
answered on Apr 8, 2021

Hello, I am not sure what your question is here. More information would be needed to evaluate this situation. Generally speaking, Texas is an "at will" employment state, meaning your daughter can be terminated for any reason or no reason at all, with some exceptions (based on disability,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can an employer in New Mexico drop your hours from 37-38 a week to 30 hours a week because you were sick?
Kyle Anderson
Kyle Anderson
answered on Apr 7, 2021

Hi, more information is needed here. The employer can generally schedule you for as many or as little hours as it wants. However, if you have an employment contract, or the company did so because your sickness qualifies as a disability under the Americans with Disabilities Act, this may be unlawful.

1 Answer | Asked in Employment Law for Colorado on
Q: Am I supposed to be paid tipped minimum wage when I pool my tips with management and BOH?

At my job, FOH employees are paid tipped minimum wage- $9.30. FOH employees receive tips, which are pooled and also shared with management and BOH employees, of which both groups receive at least minimum wage or higher. I read a passage on the Colorado department of labor website stating that... View More

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Tip credit and tip pooling are two different things. A tip credit is when an employer pays you less than the minimum wage ($4.25 per hour for instance) and gets a credit from the tips you receive to count toward its obligation to pay minimum wage ($9.00 per hour for example).

The DOL...
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1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Oregon on
Q: Is what my boss doing legal? Do they have to pay me for caring for two people at once?

I work for an inhome caregiving company in oregon. I had one client & I care for him at his and his wife's home. Recently his wife became ill and now my boss has required me to also care for her as well. My boss has also added extra hours to my schedule and I've even had to work four... View More

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Are you being paid for all hours worked? That would be the only legal violation I see here. I don't see anything unlawful about your boss having you care for two people. If you are not being paid for all the hours you work, there could be an overtime or minimum wage issue here. I would reach... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: I am looking to see if my non-compete will interfere with a possible new position.

I have a copy of my non-compete and can share it.

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Hello, you need to reach out to an employment law attorney in the state in which the non-compete is governed by. There is usually a choice of law provision towards the end of the agreement. Non-compete laws vary state to state, so only an attorney licensed to practice in the state in which it... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: ADA Job Accommodation Request Was Denied

My ADA job accommodation request to work from home was denied. There is currently a vacant job (job was vacant at the time of my ADA job accommodation request) that my peers currently work from home. I've applied for the job, but haven't heard back. Does my seniority and ADA job... View More

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Hi, more information is needed here. An accommodation request does not give you priority if the employer has a policy that an employee must apply for a vacant position and they are given the same opportunity as the other applicants. However, some courts have held the opposite, and the disabled... View More

1 Answer | Asked in Employment Law on
Q: Job released a job announcement but they are not paying that wage to employees. What can I do?

My job released a job announcement saying they will hire new grad nurses for $22-$25/hour with no experience and ASN. However, when I got hired back in 2017, they only offered me $17/hr and up to this day, I am still getting that amount after working for 3 years.

Apparently, they do these... View More

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Hello, more information is needed here. There isn't really anything you can do from a legal standpoint, unless you can show that the people getting paid a higher hourly rate are in jobs similar to yours, and that your lesser pay rate is discriminatory based on your gender, race, religion, etc.... View More

1 Answer | Asked in Employment Law and Civil Rights for Louisiana on
Q: Is it legal for my employer to backdate and ADA accommodation

I asked my employer through their third-party administrator for an ADA accommodation once I go back to work they ignored 5x I called him out on it so they are pretending as if I asked for leave of absence as an accommodation and Backdated it as if it was approved the whole time is this illegal

Kyle Anderson
Kyle Anderson
answered on Mar 31, 2021

Hi, more information is needed here. This does not sound illegal, but rather, beneficial to you. If they are allowing you to have time off as an accommodation, it should not count against you for any absence related discipline. If you are having trouble with a request for accommodation outside of a... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: Required to be on call 24/7. A 40 hour work is rare.

And each contact/phone call is billable for this “for profit agency” My ability to visit family is limited as company phone (ATT) does not work in my home town; however, other carries will.

Kyle Anderson
Kyle Anderson
answered on Mar 10, 2021

Hi, more information is needed here. Are you paid for the time you actually spend on the phone? Is there a fixed amount of time that you are required to call back if you miss a call? There are many factors to determine whether on-call time is compensable. I would reach out to an employment law... View More

1 Answer | Asked in Civil Rights and Employment Law for Louisiana on
Q: What types of proof would I need to prove retaliation and violation of civil rights for requesting an ADA accommodation

What types of proof would I need to have for a lawyer to say hands down I’m taking this case because this client has irrefutable evidence !

Kyle Anderson
Kyle Anderson
answered on Mar 10, 2021

Hello, more information is needed here. What is the specific accommodation you are requesting? It depends on that and the response the employer provides. I would reach out to an employment law attorney in your state for a consultation.

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