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Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Washington on
Q: Can you refuse an unpaid 30 minute break?

I work in a bistro restaurant

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 5, 2022

Employers are permitted to require their employees to take 30+ minute unpaid breaks. However, if you are required to perform any work during this 30 minute break period, such that it isn't an "uninterrupted" break, you generally need to be paid for the break time.

1 Answer | Asked in Employment Law for Florida on
Q: Can an owner of a restaurant use the word salary on a paycheck stub to avoid paying overtime

On the stub rate of pay says salary The hours for 2 weeks say 80 but the employee worked a 105 hours. The owner paid $6.98 for a 105 hours And the employee did not get time and a 1/2 for overtime

Rhiannon Herbert
Rhiannon Herbert
answered on Oct 5, 2022

Generally no. There are certain standards an employer must meet in order to prove their employees can be properly paid on a salary basis. If these standards aren't met, then employees must be paid overtime for all hours worked in excess of 40 in a week.

2 Answers | Asked in Employment Law for California on
Q: Can a company offer switch from to part time employment due to health issues. Then take back part time offer once accpe?

I am on my final days with an agency. So I found out I had certain health issues and discussed my possible resignation with the agency. The person in charge stated that if I wanted to consider staying on board for 10 hours a week so that I had time to take care of myself and continue to work. I... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

More information is needed. Speak with a local employment law attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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2 Answers | Asked in Employment Law for California on
Q: My employer created an anonymous suggestion box on our intranet. Are they held to that anonymity legally?
James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

You're right to not trust it. Speak with a local attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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1 Answer | Asked in Business Law and Employment Law for Massachusetts on
Q: What does the law say about an employee who lied on their application form or submitted fake qualification records?

Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.

William J. Amann
PREMIUM
William J. Amann
answered on Oct 4, 2022

Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: If the business that I managed was purchased by another owner, can they pay me less or change my position without consen

I work as a manager and mechanic at an auto shop; the new owners are not willing to pay me my current rate to do a different job, or match my pay through other means. Do I have any options? I was not informed by the previous owner that I was to be expecting a change of ownership or pay, and was due... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Oct 4, 2022

Do you have a contract and what does the contract say? If you do not have a contract then you are considered an at will employee and as such the (new) employer can dictate the terms as long as it does not violate the law. Should you have specific questions, and/or if you have a contact, then I... Read more »

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Florida on
Q: How long does an employer have to file an appeal for a employee claim that was approved in the state of Florida?

I am talking about a unemployment claim

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 3, 2022

Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.

2 Answers | Asked in Employment Law for New York on
Q: In NEW YORK, can my restaurant employer withhold my check and tips to pay for a window I accidentally cracked?

I accidentally crack said window while on the clock, moving chairs around.

Brian Greben
PREMIUM
Brian Greben
answered on Oct 3, 2022

The short answer is no, they cannot. If they dock your compensation to pay for the cracked window they are making an unlawful deduction.

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1 Answer | Asked in Employment Law for Washington on
Q: I am FMLA protected but my employer wants to cut my hours and pay when I'm out due to my disability. Is that legal?

I have filed FMLA paperwork with my employer (School District employee) asking to adjust my 8 hour day to 71/2 or 7 hour day and using my sick time to make up the difference. This is due to my eyesight and not being able to drive in the dark. HR has confirmed that I am eligible for protected leave.... Read more »

Brad S Kane
Brad S Kane
answered on Oct 2, 2022

If you are asking your employer to reduce your workday from 8 hours to 7 1/2 hours, then it is quote reasonable to reduce your pay to the hours worked.

You may want to consider asking your employer simply start your work day earlier, so you can still work 8 hours and get home before dark.

1 Answer | Asked in Employment Law for New York on
Q: If I only work 6 hours a day why do I have to work 6.5 for a break?

I am a contracted employee, hired to work 6 hours a day. My assigned schedule is for 6.5 hours. The half-hour is for a break I don't care to take or need.

As stated in my contract: Teacher Aides - The length of the work day for teacher aides shall be as follows: for aides... Read more »

Christopher Marlborough
Christopher Marlborough PRO label
answered on Oct 1, 2022

New York law requires employers to provide most employees a thirty-minute meal break when working more than six hours a day. See https://dol.ny.gov/day-rest-and-meal-periods. Since you state that you are working no more than six hours a day (and if you are not occasionally working over six hours a... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: My manager called me into her office and said "I am frustrated with you". Is this a good statement?

Everyone has their share of mistakes, we do not live in a perfect world. Out of my years of work, I have never had a manager use that statement, against me. She is an HR manager, I feel very uncomfortable now. She also gave me a warning, Just want to know if there is a solution for this.

Brett Daniel Kaplan
Brett Daniel Kaplan
answered on Sep 30, 2022

Hi: I'm sorry for your situation feeling uncomfortable by the HR manager at work -- I appreciate that frustration. If you feel uncomfortable, you can always voice that to a different individual within the HR department. Also, to be sure, the law would be triggered here if the HR manager said... Read more »

2 Answers | Asked in Copyright, Criminal Law, Employment Law and Personal Injury for California on
Q: California CCP 170.6. Granted Nov/21. Then I filed " BLANK " motion in August 2022 and the disqualified J is back ?

It's a commissioner not a judge . And the Honorable un separate action took RJN of the Disqualified Case. within consistent ' FACTS ' noticed. 3rd world....

Dale S. Gribow
Dale S. Gribow
answered on Sep 30, 2022

if this is a Commissioner and not a judge, just don't stipulate..........don't waste your 170.6

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1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for New Jersey on
Q: I have a complaint against my employer for harassing me through text messages calling me names and stalking my house.

I need to know what the exact statutes are in the state of NJ and details to file the claim. I’m also not sure if I can file other complaints about her?

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Sep 30, 2022

We are not allowed to give you specific legal advise on this website or for that matter anywhere on the internet. Just like a doctor cannot tell you how to perform an operation. What I can tell you is that the general statute for harassment in NJ is 2C:33-4. If you need specific information on... Read more »

1 Answer | Asked in Employment Law, Insurance Bad Faith and Insurance Defense for North Carolina on
Q: Can an employee insurance refuse to pay the beneficiary who is her granddaughter because the employee was not married?
Tim Akpinar
Tim Akpinar
answered on Sep 30, 2022

A North Carolina attorney could advise best, but your question remains open for four weeks. An attorney is likely going to want to see more details about the policy. If you could arrange a brief initial consult, an attorney might be able to outline the best options here, such as litigation or... Read more »

2 Answers | Asked in Employment Law for California on
Q: Can a company sue a non-employee for return of computer if they have no proof that they delivered it to my home?

I'm a freelancer who was working FT for one company. An assistant, with the company (using personal car), delivered computer equipt. to my home during COVID two years ago. I did not sign any documents upon receiving equipment. I no longer work for with this company. They have not asked for... Read more »

Brad S Kane
Brad S Kane
answered on Sep 29, 2022

First, you should do the right thing. Remember the Golden Rule - treat others how you would want to be treated. Would you like someone to keep your equipment, because they think you may not be able to prove it is your equipment. You would be outraged.

Second, even if you did not sign...
Read more »

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1 Answer | Asked in Criminal Law, Employment Law and Federal Crimes for Michigan on
Q: Can a person with a 24 year old Felony work in a store, Walmart, that sells guns??

I am in Michigan and was convicted of a felony in 1998. Great bodily harm less than murder. I know that it is up to the individual companies, but wondering if there is any law, state or federal , that would prevent me from working there.

Brent T. Geers
Brent T. Geers
answered on Sep 28, 2022

Working there? I don't think so. Probably not in the gun section. You should look into, at the very least, restoring your gun rights, though.

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Is it discrimination if employer says I can't call off at the last minute but allows coworker to numerous times?
Maya L. Serkova
Maya L. Serkova
answered on Sep 28, 2022

It may be discrimination, but not all types of discrimination are unlawful. Only discrimination based on protected membership in a particular class of people is illegal. Your query does not have enough facts to determine if any unlawful activity is afoot.

If there is more to your story, I...
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1 Answer | Asked in Employment Law for California on
Q: I exhausted my FMLA and CFRA but I’m on CA Disability. My regular schedule was taken. Our HR doesn’t seem to understand
Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

Your post is somewhat confusing. If you are still on disability, then why would your employer schedule you to work. Perhaps your post is just unclear. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and... Read more »

2 Answers | Asked in Employment Law for California on
Q: I lost my regular full-time schedule after returning from FMLA/CFRA due to my short term medical disability.

I still have outstanding time offs but for some reasons, I can’t access my “Time Off” section on our company’s portal.

Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

There is simply not enough in your post to know if your employer is violating the law or not. Generally, when you take FMLA/CFRA leave your right to return to your prior job or one similar thereto is guaranteed. If you cannot perform the essential functions of your job because of medical... Read more »

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