My employer is a hospitality corporation that put everybody on furlough until further notice due to covid-19. I am an hourly employee in Florida. The corporation paid out all of available PTO prior to April but my anniversary was on April 11 and I should have had the number of PTO Days renewed. Am... View More 
answered on Apr 18, 2020
If the company has less than 500 employees, you may have a case based upon the company's interference with your paid leave rights under the CARES Act. Contact a qualified employment attorney.
No disciplinary action
No unapproved time away
This is in response to maintaining the organization's cash position in response to covid-19
This action is being levied against several hundred salaried employees.
answered on Apr 8, 2020
Unless you have an employment contract or collective bargaining agreement, your employer can reduce your salary based on these extraordinary circumstances. If the salary falls below $684 per week, you may he entitled to overtime compensation.
I am on approved intermittent fmla from my company ( a large publicly traded one) to take care of my elderly mother. I would come in to work about 2 hrs later than regular start time daily to care for my 94 yr old mom before her caregiver arrived. We had been working from home for 2 weeks due to... View More
answered on Apr 8, 2020
You can be furloughed if you are on FMLA leave, but you cannot be furloughed because you are on FMLA leave. There are a number of other potential issues raised by your message too complex to be addressed in an on-line response. Contact an employment attorney.
What if you work for an employer that is considered an essential business and you work in close contact with other employee's and there is not adequate safety protection like Masks, Gloves, disinfectant, can you refuse to go to work, if the employer refuse to provide the safety items?
answered on Apr 2, 2020
If you believe working conditions are unsafe or unhealthful, you may file a complaint with OSHA and ask for an inspection. It is illegal for an employer to retaliate against you for filing an OSHA complaint. Moreover, if an employee has been advised by a health care provider to self-quarantine due... View More
answered on Apr 1, 2020
If you were singled out for furlough while other non-pregnant employees were not, the company may be liable for discrimination. You may also qualify for unemployment benefits. Moreover, if the purpose of furloughing workers is to avoid paying paid leave under the new Coronavirus Paid Leave Law,... View More
I have been paid on a salary basis for at least ten years now they do not want to pay me due to covid19 closure
answered on Apr 1, 2020
In the absence of an employment contract or collective bargaining agreement, a company may cease operations due to business necessity caused by the pandemic and not pay employees who are not performing work. You may be eligible for unemployment benefits. On the other hand, if the purpose of... View More
I work in a hospital and do not have direct contact with an patients. We recently had a positive test result at the facility, and the patient is already discharged.
answered on Mar 31, 2020
It is legal for an employer to take reasonable actions to protect the health and safety of its employees and customers. However, if an employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, that employee would be entitled to up to two weeks of... View More
The amount could be settled in small claims court, but I am unsure where to make that claim, my local office location (Orlando), corporate HQ office (Dallas), or payroll processing office (Pasadena, CA). Would an attorney help me for less than $10,000 owed.
answered on Mar 24, 2020
This is a type of matter for which an employment attorney could help you. Often these disputes can be resolved prior to filing suit. If not, your actual place of employment generally is the correct jurisdiction. There may be other issues, so you should probably speak with an attorney.
My management team has not notified any staff members of the cases of COVID-19, and have hidden the cases to an extent. The employees have found out due to word of mouth from close friends of the effected individuals, and I am working on getting contact with the individuals themselves. Assuming the... View More
answered on Mar 19, 2020
This morning, the President signed into law the Emergency Paid Sick Leave Act, which provides 2-weeks paid leave to certain employees (not in the health care field) for a number of reasons, including if they have been advised by a health care provider to self-quarantine due to concerns related to... View More
i was unaware this was illegal . i don't want to be fired . what can i do?
answered on Dec 24, 2019
It’s not illegal for you to work off the clock, but it is illegal for a company to not pay an employee for time worked off the clock. A company can discipline an employee for working off the clock, but must pay him/her for that time, including any overtime if it pushes the work time over 40 hours... View More
answered on Dec 18, 2019
Misclassifying employees as 1099 independent contractors is a common tactic used by employers to avoid various expenses, including taxes, unemployment and workers's compensation costs and overtime compensation. Changing you to a W2 is not illegal, nor is reducing your pay. The real question is... View More
Is 25000 a year for the assistant position (7am-230pm) and she gets paid $20/hr for aftercare ( 230pm- 5pm). She works a 10 hour day 50hrs a week. She’s now being told there’s a new 2020 FL law saying she will get overtime. Should she have gotten overtime from the beginning of working there? Thanks
answered on Dec 11, 2019
The short answer is that she likely was entitled to overtime from the beginning of her employment, assuming her primary job duty did not involve teaching. The long answer requires an analysis of multiple compex issues under the FLSA. First, it is true that effective January 1, 2020, the salary... View More
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