Thanks and what Tyson and many other companies are doing is likely legal in my view. Speaking broadly, Federal law allows companies to set general policies for the safe operation of the company. These general policies can include a vaccination or masking requirement. As long as these general...Read more »
There is no law or rule that would disqualify you from being hired as a CNA on this basis. However, employers can adopt policies where applicants with criminal records are rejected. Unfortunately, there is also no law or rule that prevents employers from doing this.
My brother is a 72 y/o male, he had a collapsed lung the last part of April this year and was of work for a week, Ihe had another collapsed lung June 11th and was in ICU for about 6 days then in a regular room 7 days and now in rehab to learn to walk again, His employer called me (I was staying... Read more »
More information is needed, as this will depend on what your brother's job is and what his essential job functions are, as well as how long he is expected to remain off work while undergoing rehab. Under the Americans with Disabilities Act, disabled employees are permitted to request...Read more »
Thanks and you cannot be fired simply for being a medical marijuana patient if you are in a position that hasn’t been designated as safety sensitive. In other words, if the type of job you do hasn’t been listed in writing as no medical marijuana because it is safety sensitive, an employer...Read more »
I was supposed to be hired for $35/hour. I'm an engineer on contract . They said they could give me per diem but would have to break it down to get the power diem. So they had to do $96/day per diem and $23/HR. Problem is when I worked overtime they paid me overtime at 1.5 times $23 instead of... Read more »
Thanks and yes you should speak to an employment law attorney. If you have a contract to work for $35 an hour the state law could be breached. Or, if the per diem is structured a certain way, it could mean that the company should not have paid you the lower amount of overtime. Speaking to an...Read more »
Thanks and an attorney would need to know more about what a former employer said and/or wrote about you, and what evidence you have of that. Arkansas law may be able to help, depending on the facts. You can contact an employment law attorney to learn more
Thanks and it depends. Attorneys would need to know a few more facts.
In Arkansas, cities can create contracts for employment that provide employees with certain benefits or due process as a term of their employment. If the city breaches these terms, then the employee may have a claim...Read more »
Hi more information is needed here. As a general rule of thumb, companies should only provide the dates of hire, the title of a person's position, and pay. I would reach out to an employment law attorney in your state if you feel your previous employer provided false information about you to a...Read more »
Generally speaking, your employer is not required to consult you or give you advance notice before changing your pay structure. However, if you are paid by the hour, you must receive overtime pay for hours worked over 40 in a seven-day workweek.
When I work 84 hours I make less than minimum wage for a 168 hour pay check im getting $1200 but being exempt does this mean that my company is not required to pay me more or give me any compensation when I work through holidays?
Being an exempt employee is a narrow classification under the FLSA. I would recommend you speak to an employment lawyer to discuss your rights under the FLSA. You can contact our office at https://www.pfeiferlawfirm.net/ to discuss this issue further. Thanks
Employer having installation crew work double shifts, making them drive 4 hours back home expecting them back at work 4 hours later to travel again and work a double shift. One of the employees inadvertently put unleaded gas in diesel truck. He since left the company but they reversed his paycheck... Read more »
Thanks and it sounds like there are several legal issues here. There might be minimum wage and/or overtime violations based on 'reversing' his paycheck. He and others could be owed money. There also might be issues to take up with the DOT. Please contact a labor/employment lawyer
Thanks and if you are paid hourly, it is very possible that the District is not paying you lawfully. Especially if you are not paid for those hours outside of 8-4. Please give an employment law attorney a call to discuss
The most reliable way of the workers figuring out their rights here would be to consult with an employment attorney in confidence based on their roles - essential employee, contractor, etc. You post under Personal Injury and ask about suing, but it isn't a personal injury type of setting. Many...Read more »
I would need more information to determine if it was a HIPAA violation. Specifically, what kind of work were you engaged in? Also, there is no private right of action in HIPAA, so even if you violated HIPAA laws, your employer or former co-worker could not use HIPAA as a basis for legal action....Read more »
The nonprofit I work for issued 25% pay cuts to all employees due to financial distress. They plan on paying out previously accrued leave at the new, reduced rate of pay even though the leave was accrued prior to the pay cut at a higher rate.
Thanks and it depends on the wording in the employee handbook or policy setting forth the leave. If the policy guarantees leave at a set rate and operates as a contract, then you may have a claim. Happy to speak anytime on this 501-891-6000.
Like most situations, there isn't a simple "yes" or "no" answer. The Arkansas infertility mandate requires that insurance plans in Arkansas cover IVF up to a set lifetime amount. However, many HMO and self-insured plans are exempt from this requirement.
Under the Fair Labor Standards Act, employers are permitted to use a tip pooling system, where tipped employees "pool" the total amount of tips received. Employers may require employees to pool their tips together and redistribute the funds according to a pre-established formula, but the...Read more »
I was the only AA at my job in corporate banking. I suspected that I was being discriminated against. For example, there were certain restrictions placed on what I could do but, after asking several non AA coowrkers who started the same day as me who stated they didn't have any restrictions... Read more »
You may be able to bring a claim for retaliation based on complaints of race discrimination under Title VII of the Civil Rights Act of 1964. To prove this claim, you must be able to establish that (1) you engaged in a protected activity; (2) you suffered an adverse employment action; and (3) there...Read more »
I am being wrongfully accused of something with little to no investigation into the event, the school is just believing what a parent is claiming and going off of that w/o my side of it. They consulted w/ their lawyer who determined that I was a liability so they are recommending termination.... Read more »
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