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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Georgia on
Q: How do I go about getting some terms clarified in a separation agreement from my previous employer? I was recently fired

There are terms in the agreement that are vague. For future employment, terms like affiliates and related entities in the future concern me. My previous employer is a company that takes referrals from other doctors. I'm concerned that if I sign it, I won't be able to find another job in... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

If you have questions or concerns about signing the agreement you've been given, then you should contact a Georgia employment attorney to review your contract and discuss the circumstances of your separation. It's important to understand your rights and responsibilities prior to deciding... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer make me shorten my regular hours to accommodate working the weekend to avoid paying me overtime?

My normal work schedule is Monday through Friday. Occasionally we do expos and shows that require us to work over the weekend. Normally we would be able to work our regular 80 hours and anything that we worked over the weekend would be considered overtime. This time, we were asked to shorten our... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.

1 Answer | Asked in Employment Law for Texas on
Q: I work in Texas I am currently on my two week notice and wondering if I get my 15 days of pto paid out to me?

I don’t see anywhere a mention of what happens to pto when separation occurs between me and employer

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 24, 2023

There are no laws that require that earned but unused PTO be paid out to the employee upon separation. However, there are other ways that you can potentially recover this earned-but-unused PTO, such as if your employee handbook states you will receive it upon separation. If you don't have an... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: Can a employer impose a policy or attempt to make a wormer work completely for free on saturdays

Due to her falling behind on quites and invoices due to work load increasing

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2023

The answer to this question will depend in part on how you're paid. If you are paid by the hour, then you generally must be paid for all time worked, including at an overtime rate of 1.5x your normal rate for hours over 40 in a workweek. However, if you are paid on a salary basis, then your... Read more »

1 Answer | Asked in Employment Law and Government Contracts for Kentucky on
Q: My jobs time system requires us to clock out, and then approve our time. Would this be considered working off the clock?

I am working on a government contract in Kentucky. I work on the computer to perform my work and they use a time keeping system that requires us to clock in and out daily, as well as clock in and out for our two 15 minute breaks and 30 minute lunch. At the end of the night when we clock out we have... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2023

You should contact a Kentucky employment attorney to discuss your situation in further detail, because whether off-the-clock work is compensable is a very fact-specific analysis. In addition, federal law generally requires breaks of 20 minutes or less to be paid. If you are required to clock in and... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oklahoma on
Q: I was terminated at my work place after 16 years of employment through them. The last 3 months I worked I started having

Health issues with swelling. Some of the swelling was in my gut. Let me add this I am a female and work with all men for these 16 years. My main supervisor started to notice my gut and proceeded to make pregnancy comments (even though he has known I was gay the entire time I worked there) He also... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should contact an Oklahoma employment attorney to discuss your situation in more detail. While more information is needed here, you should reach out regarding claims for disability discrimination and/or sex discrimination under Title VII of the Civil Rights Act of 1964.

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: What type of law practice should I look for that would handle wrongful termination in retaliation to whistleblower.

My wife was terminated from an Assisted Living facility in retaliation to pending whistleblower allegations.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should look for a Colorado-based employment law attorney to discuss this situation further. Best of luck.

1 Answer | Asked in Employment Law for Tennessee on
Q: If My Job Gets My Check Wrong But Is Fixing It Am I Obligated To Work I Really Don’t Wanna Work Until I Get What I’m Owe
Rhiannon Herbert
Rhiannon Herbert
answered on Jan 4, 2023

Yes. While mistakes in pay could lead to wage violations if they are not timely corrected, you still have an obligation to work your normal schedule if you're still employed with the company, and the company can discipline or terminate you for failing to do so.

2 Answers | Asked in Employment Law for Texas on
Q: Can My Employer Reduce My Wages for Quitting Without Notice?

As an at will employee, I had to immediately resign my position with my former company. I was unable to give any notice. The company is now telling me that my pay for the last two weeks worked will be at minimum wage instead of my regular pay rate (this is a pay cut of roughly half). They said this... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 4, 2023

Generally yes. Federal laws typically only protect against minimum wage and overtime violations, so while this policy resulted in a substantial pay cut to you, it doesn't violate any wage laws.

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1 Answer | Asked in Employment Law and Contracts for Virginia on
Q: Am I legally allowed to sign this affidavit in order to get my partner benefits through my new employer?

I have recently started a new job, and my employer offers to extend benefits to Domestic Partners of employees. I have been living with my partner for over three years now, and we were just about set to sign all necessary enrollment paperwork. Before doing so, I must sign an "Affidavit of... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 22, 2022

You should check with a Virginia contract attorney to be sure of this, but generally, the answer to this question will depend on whether the affidavit defines the word "principal" anywhere. If the word "principal" is capitalized in your affidavit, this likely means it is a... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Can a supervisor be fired if their staff report she told them to withhold information from documents and parents?

Documentation is required about consumers with DMH waivers. This information is also relayed to parents to aid with mental and physical health decisions.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2022

Missouri is an at-will employment state, which means either you or your employer can terminate your position at any time and for any reason (or no reason at all). The one exception to this general rule is if an employee is targeted or selected for termination based on a discriminatory reason (i.e.... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: What defines an employee as a 1099 contractor in PA?

I have an employee that i want to hire as a 1099 independant contractor. Outside of me putting them into my payroll as a 1099 contractor, what else do i need to make sure they are classified the correct way?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2022

You should contact a Pennsylvania employment lawyer directly to discuss your situation, as whether a worker can be properly classified as an independent contractor depends on a variety of different factors and will be highly dependent on the specific facts of their situation. Labels alone (such as... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: Can a company whose contract says that I have both a 30-day and a 90-day commitment enforce the 90-day commitment?

I signed a contract with a company saying that I agreed to a term of 30 days with them, however, they said this was a misprint. Right below it says that I must provide written notice before terminating my 90-day commitment period. I have initialed both but am wondering, is the 90-day enforceable if... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 16, 2022

More information is needed to answer this question, and a review of the agreement you signed will likely be necessary. You should contact a Virginia contract or employment attorney to discuss the specific language in the agreement you signed and how these two terms work together.

1 Answer | Asked in Employment Law for Kansas on
Q: Can an employer require you to stay in the building when you are clocked out for your 30 minute break?

I work for an assisted living facility when there legally must be 5 staff in the building at all times. They are mandating a 30 minute break but since they're not staffing enough employees we are not allowed to leave the building when we take our required 30 minute break. Is this legal? I was... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 16, 2022

As long as you are completely relieved from any work duties during your 30-minute break, your employer can require you to remain in the building. If, however, your employer requires you to stay in the building because your break is frequently interrupted by performing work if needed, then you... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: Am I considered an "On-Call" or "Part-Time" employee if I am scheduled 2 days a week but am "On-Call" 5 days a week?

Holiday pay Dispute

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 6, 2022

More information is needed to answer this question. These terms are sometimes defined in your employee handbook or employment contract (if you have one), and the employer's definition of these terms generally govern whether and how you receive benefits.

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Need Job transfer due to medical reason, company is wanting to pay me less then what I was getting paid before w/ 10 yrs

My Dr. stated that I need to change my job role in my company due to medical issues that could worsen if I stay in the same role. The company I work for has been working to change me roles for two years (couldn't collect unemployment or disability for some reason). They called today saying... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 6, 2022

You should contact a Florida employment attorney to discuss this situation further, as this will be a highly fact-intensive situation. While the Americans with Disabilities Act permits you to request accommodations - including a position reassignment - your employer need not maintain your same pay... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: My employer is telling me that I do not get holiday pay as a 36 hour full time employee, but 40 hour employees do.

My employer is telling me that I do not get holiday pay as a 36 hour full time employee, but 40 hour employees do. They said the reason I don't is because I work four days and it's a benefit to have a day off during the week. I think this is very unfair and I want to know if there are any... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 30, 2022

There are no laws that require employers to offer paid time off, so unfortunately, if your employer does offer this benefit, they can offer it on their own terms (in this situation, to some employees but not others).

1 Answer | Asked in Employment Law for Nevada on
Q: for hours that are worked overtime, can your employer bank your hours instead of paying for the hours worked overtime?
Rhiannon Herbert
Rhiannon Herbert
answered on Nov 22, 2022

I'm unsure of the exact question you're asking, but hopefully this information will help you: Under federal law, hourly-paid employees must be paid overtime, at a rate of 1.5 times their regular hourly rate, for all hours worked over 40 in a seven-day workweek. Entitlement to overtime pay... Read more »

1 Answer | Asked in Contracts and Employment Law for Arkansas on
Q: Hello, I was laid off about 5 months ago and my employment contract included 12 months of severance in exchange for a

release and agreeing to non-compete and non-solicitation terms, which are all straightforward. The company is struggling and is telling me they can't afford to honor the contracted severance payments any longer, which are supposed to continue for 7 more months. I'm not aware of them... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 22, 2022

You should contact an Arkansas employment attorney to have your separation agreement reviewed. If your employer promised to pay you a certain amount of money in your separation agreement that they are now refusing to or unable to pay, you may have a claim against your employer for breach of... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is my employer required to give Monday off after New Year’s Day which falls on a Sunday (a non-working day)?

Employer is a school district.

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 16, 2022

No. There are no laws that require employees to receive time off on any particular day, so your employer is permitted to schedule you for work the day after (or the day of) holidays.

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