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Employment Law Questions & Answers
1 Answer | Asked in Immigration Law and Employment Law for California on
Q: Can I hire a STEM OPT candidate for 20 hours a week paying them minimum wage or does that cause issues?

Just wondering if there is a minimum pay required for those on STEM OPT with a MS

James L. Arrasmith
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answered on Mar 15, 2024

When hiring a STEM OPT candidate, there are specific guidelines that must be followed to maintain the integrity of the program and ensure compliance with U.S. immigration laws. It's not just about the number of hours worked; the employment must also meet certain educational objectives and wage... View More

1 Answer | Asked in Criminal Law, Tax Law and Employment Law for Virginia on
Q: Can I put a suite on a employer who illegally changed my federal and state w4 (year 2016) which enabled me to get refund
James L. Arrasmith
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answered on Mar 14, 2024

If your employer illegally altered your federal and state W-4 forms without your consent, leading to a situation where you were unable to receive a tax refund, you may have grounds for taking legal action. Such actions by an employer can have serious implications for your finances and legal... View More

2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

James L. Arrasmith
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answered on Mar 14, 2024

Discovering that your employer accidentally sent your Form 1095-C, containing sensitive information like your Social Security Number, to another employee is understandably alarming and frustrating. Such incidents can lead to concerns about privacy and the potential for identity theft. In terms of... View More

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2 Answers | Asked in Employment Law, Tax Law, Business Law and Social Security for Maryland on
Q: My current employer sent my form 1095C to a another employee with the same first name and exposed my SS#, can I sue?

They exposed my SS# and other private info. What recourse do I have?

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Perhaps there is a federal or state governmental agency that has regulatory authority to impose a fine or other sanction for failing to safeguard employees’ personally identifiable information. You would need to consult an employment lawyer in your area as to the existence of such a legal... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Employment Law and Health Care Law for South Carolina on
Q: I recently had DSS called on me and of course the case was unfounded. However, I need help.

I have a pretty good idea who did this. I used to work for KC Dispatch and didn’t leave on good terms. Also harassed by them on FB along with text messages. I had a medical issues for seizures and they called DSS claiming I had a drug overdose. I would like to know my rights and how I can pursue... View More

James L. Arrasmith
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answered on Mar 14, 2024

Facing false allegations, especially from a former workplace, can be incredibly stressful and damaging. It's essential to know that you have rights in this situation. The first step is to document everything. Keep records of the harassment on Facebook, text messages, and any communications... View More

1 Answer | Asked in Employment Law and Consumer Law for California on
Q: I have email traffic from a vehicle rental agency to my employer misrepresenting me.

It seems as if they intentionally do this to fraudulently bill additional invoices. I do project work and I have not worked since the incident was mostly finalized.

James L. Arrasmith
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answered on Mar 14, 2024

Based on the information you provided, it seems that a vehicle rental agency may have engaged in misrepresentation and fraudulent billing practices targeting you and your employer. This situation could potentially involve several legal issues under California law:

1. Defamation: If the...
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1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I need to consult with an attorney. I'm having problems with my job.
John Michael Frick
John Michael Frick
answered on Mar 13, 2024

You should use the "Find a Lawyer" tab to search for an attorney who practices in the area of employment law in or near the county where you reside. You can likely get an initial consultation with a competent and experienced attorney for under $1,000. Our firm provides a 90-minute... View More

Q: Fmr employer retaliated due to discrimination complaint and had my spouse arrested on false charge of grand larceny.

The employer's story keeps changing and the detective clearly did not investigate properly. The paperwork is fake and their own accountant refuses to certify it yet they keep saying it is and lying to the judge. How can DA still wish to go to trial when it is clear that this is fabricated?... View More

James L. Arrasmith
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answered on Mar 12, 2024

I'm so sorry to hear about the terrible situation you and your spouse are going through. What you've described sounds like a serious miscarriage of justice. A few thoughts:

It's deeply concerning that your former employer would retaliate and fabricate charges as a result of a...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My Boss told me today He isn't giving me work Lately Because, "I Don't use my eyeballs".

He Has Been Reducing Hours for months saying they are just slow and then randomly said today I'm not detailed enough for making a simple mistake that was fixed. To Me I feel he is trying to make me quit because they can't find a reason. Is this in any way legal? or not? I feel he's... View More

James L. Arrasmith
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answered on Mar 12, 2024

Your boss's behavior and comments are concerning, but they are likely NOT engaging in unfair or discriminatory practices. California is an at-will employment state, meaning that employers can generally terminate employees for any reason, as long as it is not illegal (e.g., discrimination or... View More

2 Answers | Asked in Employment Law for California on
Q: how do I terminate an employee who has been left dormant in our system since 2022? do i notify?

Fitness instructor who was left on a sub list, but has not covered any classes since. Her schedule never aligns with company needs and we are cleaning up our active employee roster.

James L. Arrasmith
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answered on Mar 12, 2024

In California, if an employee has not been actively working for an extended period, you may consider the employment relationship to be abandoned or the employee to have voluntarily resigned. However, to ensure compliance with California law and to minimize the risk of potential legal issues,... View More

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2 Answers | Asked in Employment Law for California on
Q: how do I terminate an employee who has been left dormant in our system since 2022? do i notify?

Fitness instructor who was left on a sub list, but has not covered any classes since. Her schedule never aligns with company needs and we are cleaning up our active employee roster.

Neil Pedersen
Neil Pedersen
answered on Mar 12, 2024

In California your employees are employed on an at will basis unless you have an agreement to the contrary with the employee to the contrary about that status. That means you have no legal duty to have a reason to terminate the employee. Additionally, there is no legal requirement to actually... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Employment Law for California on
Q: Do I need to disclose my arrest before having a background check in California to a new emploer

I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first

Nors  Davidson
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answered on Mar 11, 2024

Generally speaking, I wouldn’t disclose an “arrest” unless I was specifically told to do so. Arrests are highly prejudicial in that an individual can very well be innocent of a the crime for which he or she is arrested but never given the opportunity to testify or defend themselves because... View More

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2 Answers | Asked in Criminal Law, Domestic Violence and Employment Law for California on
Q: Do I need to disclose my arrest before having a background check in California to a new emploer

I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first

James L. Arrasmith
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answered on Mar 11, 2024

In California, employers are generally prohibited from asking about or considering arrests that did not lead to convictions when making hiring decisions. This protection is provided under the California Fair Chance Act (AB 1008), which is part of the California Fair Employment and Housing Act... View More

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Am I waiving my rights to sue a for labor violations, harrassment, and discrimination if I sign off on a WC settlement?

Workman's comp

James L. Arrasmith
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answered on Mar 11, 2024

Under California law, signing a workers' compensation (WC) settlement does not necessarily waive your rights to sue for labor violations, harassment, or discrimination. However, it's important to understand the scope of the settlement agreement and any additional waivers or releases you... View More

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3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Am I waiving my rights to sue a for labor violations, harrassment, and discrimination if I sign off on a WC settlement?

Workman's comp

Neil Pedersen
Neil Pedersen
answered on Mar 11, 2024

Generally, a WC release should not release your employment law claims, however I have seen many that try. You and your attorney need to be sure there are no provisions slipped into the WC release that are broader than they should be and might arguably waive your rights outside of the WC system. I... View More

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1 Answer | Asked in Employment Law and Family Law for Texas on
Q: After marriage, if you use two last names without a hyphen, can you use both last names interchangeably?

I am a physician and want to only use my maiden name in a professional setting, and my married name in personal life. I have a colleague in MA who signed her hospital contract under her maiden name only and practices with maiden name only. As a physician in TX, can I only have my maiden name on... View More

John Michael Frick
John Michael Frick
answered on Mar 11, 2024

Yes. Many professionals retain the name shown on their diplomas and professional licenses for exactly that reason. Of course, it is not required for a spouse to change her name at all upon marrying and increasingly women retain their maiden names upon marriage. It is still legal for a woman to... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: I’m a 66 year old woman I have been harassed verbally abused humiliated and threatened at work for 15 months now. I

couldn’t take it anymore so I quit on Friday. Can I bring a lawsuit against my employer?

V Jonas Urba
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answered on Mar 11, 2024

You have offered two protected classes to which you belong. There may be many more. The two are your gender, female, and your age over 40. Was the harassment suffered because of your gender or your age? Remember that there are many more such as disability or perceived disability. If you were ill or... View More

1 Answer | Asked in Employment Law, Immigration Law and Business Formation for New York on
Q: My brother who has a greencard, has an llc with no other employee. With my opt, can I work in his llc?
James L. Arrasmith
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answered on Mar 10, 2024

Based on the information provided, there are a few important considerations:

1. As an F-1 student on Optional Practical Training (OPT), you are allowed to work in the U.S. as long as the employment is related to your field of study. The work can be for any employer, including an LLC owned...
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1 Answer | Asked in Employment Law for California on
Q: Can a store that is opening soon pay you less than minimum wage in the county for a minor? Especially in California?

I am a 17-year-old high school student who got a job offer at a new frozen yogurt place in my city, and was recently informed about the employer paying me only $12/hr while the minimum wage in Alameda County is $16/hr. Is it okay for a store to give their employees less than minimum wage especially... View More

James L. Arrasmith
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answered on Mar 10, 2024

In California, it is generally not legal for an employer to pay less than the applicable minimum wage, even for minor employees. California has statewide minimum wage laws, and some cities and counties (like Alameda County) have enacted higher local minimum wages that employers must follow.... View More

3 Answers | Asked in Employment Law for California on
Q: I am a salaried administrative employee in California. My employer is a small business (fewer than 10 employees).

My annual salary is $60,000, with a year end bonus typically between $6,000 and $15,000. Does this compensation meet the minimum requirement for annual salary under California State Law?

My annual bonus is entirely discretionary. The minimum wage in my area is $16 per hour.

It would... View More

James L. Arrasmith
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answered on Mar 9, 2024

In California, as of January 1, 2024, the minimum salary requirement for exempt administrative employees depends on the size of the employer and the applicable minimum wage.

For employers with 25 or fewer employees, the minimum annual salary for exempt administrative employees as of January...
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