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Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Construction Law and Employment Discrimination for California on
Q: Covid Vaccine Mandate - Booster

I was recently hired at a Construction Firm and provide covid vaccine card. Today I recieved an email from HR stating that i do not have the booster. There is nothing on the employee hand book nor nothing in the interview stating that the employment requirement that mandates covid vaccine for... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 29, 2022

You get the booster. If you refuse to do what your employer wants, you get fired. It is that simple. Sorry.

Good luck to you.

1 Answer | Asked in Insurance Bad Faith and Employment Law for Alabama on
Q: Union sponsored supplemental life insurance for certain railroad retirees (Yardmasters) is being denied.

Allegedly upon retirement, a covered Yardmaster had a time limit of 60 days to submit a $20 payment to retain the insurance upon retirement. Subsequently, because of this requirement, at least one yardmaster was denied the benefit. However, recently another yardmaster was granted the insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 28, 2022

An Alabama attorney could probably advise best, but your question remains open for four weeks. In terms of your question on a class of plaintiffs, it could depend on the size of the pool of retirees. One option is to reach out to an employment attorney. Good luck

1 Answer | Asked in Employment Law for Florida on
Q: Performance Review, can the employer refuse to give the employee a copy after initials given acknowledging the review?

I disagreed with the Supervisors assessment scores, but acknowledged the review with my initials.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 28, 2022

Yes. Your initials on the review acknowledge only that its contents were reviewed with you, not that you agree with the review or were provided a copy of the review.

1 Answer | Asked in Employment Law for North Carolina on
Q: I’m a salaried exempt employee. I recently missed a few days from being sick. My employer docked my pay for those days.

In prior companies my pay was not docked for documented sick days. So I’m not sure if it was out of courtesy or because they were required to. We do have a PTO plan but I’m new to this role so I’m unable to use any.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 28, 2022

If you miss one or more full days of work (and PTO is currently unavailable to you), then your employer can reduce your pay proportionally to value of each day missed. For example, if you work Monday through Friday and typically make $1,000 per week, and you are absent on Monday, your employer can... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Kentucky on
Q: I wasn’t paid bc my employer when I had covid19
Timothy Denison
Timothy Denison
answered on Jun 27, 2022

What is your question?

1 Answer | Asked in Contracts and Employment Law for Florida on
Q: The insurance company won't rehire me back as a 1099 contractor and wont release why.

I was hired by a TPA company called CRU as a 1099 adjuster. CRU contracts with a big insurance company called Citizens which is a state-run govt entity. CRU contracted me to run claims for Citizens as 1099 adjuster where CRU gets a part of the money paid to me from Citizens for each claim... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 26, 2022

Much of Citizens Insurance records are public record which must be produced pursuant to a public records request - see https://www.citizensfla.com/other-documents I don't know if records pertaining to hiring or contracting decisions are exempt from the public records law - that would take... Read more »

1 Answer | Asked in Employment Law for California on
Q: In California I had 12 hours in a single day from two separate shifts grave then swing am I entitled to overtime?

I am on a 4x10 schedule and neither single shift was over 10 hours but the different start times put me at 12 hours on that day

Brad S Kane
Brad S Kane
answered on Jun 26, 2022

Your question is complicated. First, the general rule is overtime after 8 hours or 40 hours per week, though different rules apply to certain job categories. In addition, California permits alternative work weeks like 4 days with 10 hours per day without payment of overtime if there is a valid... Read more »

1 Answer | Asked in Gov & Administrative Law, Employment Law and Appeals / Appellate Law for California on
Q: Can I Email a judge? Or how do I contact the judge who presided over a hearing?

He is a Admin. Law Judge.

The hearing was done remotely, and I have no idea how to ask for further review

my appeal was granted, but compliance has not been what was ordered. There are a few other concerns I need him to be aware of. I've tried all other ways to resolve the... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 26, 2022

A California attorney could advise best, but your question remains open for four weeks. As a general rule nationwide, judges do not usually communicate with one side in the absence of the other (covered in rules on ex parte communications). One option is to reach out to a California attorney in the... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for New Jersey on
Q: Can a new jersey public school rescind my job offer as a substitute per diem teacher due to a positive thc drug test?

My drug test came back positive, but I still don't know specifically for what. It could be the medication I am on or the thc from smoking. I have no idea which one came up. They gave me an offer and I was going through the on-boarding process when they sent me a random email saying I have been... Read more »

Leonard R. Boyer
Leonard R. Boyer
answered on Jun 24, 2022

Yes, just because certain drugs are taken by prescription or if they have been legalized does not mean that an employer has to hire you. I do not believe that they are required to indicate what drug or if that makes any difference whatsoever. Good luck and try some place else.

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can i file a lawsuit against my employer for not giving me any kind of lenience with being autistic?

So basically I work in retail and I'm autistic. I am being fired because I got upset that my manager was giving my mixed signals constantly on what i should do instead of telling me outright what i should do. which is something i have a lot of trouble with because i am autistic. she also has... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 23, 2022

When you have a disabling condition that makes it such that you cannot perform the essential functions of your job without some kind of reasonable accommodation, you need to place the employer on notice of your restrictions and provide suggested ways you could be accommodated so that you can... Read more »

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1 Answer | Asked in Health Care Law and Employment Law for New York on
Q: Hi, My name is Aina.I just got fired from my job because of my health condition. What should I do?

Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 22, 2022

I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... Read more »

2 Answers | Asked in Employment Law for California on
Q: Can a company deduct accrued time in increments of an hour on the hour if you're late or leave early during your shift?

We used to be allotted 20 hours of UPT every quarter and we're charged 1 hour for every segment of each hour that we were not on the clock, ie. *6-60 minutes late = 1 hour deducted

*(5 minute grace time)

61-120 mins. late = 2 hour deduction

early departure 1-60mins. =... Read more »

Brad S Kane
Brad S Kane
answered on Jun 22, 2022

A company may have a rounding policy, but it must be neutral. Here the policy does not appear neutral. This means you and your co-workers are being cheated on your hours. There may be a possible class action or Private Attorney General Act claim. You should consult with an employment lawyer. Most... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Can my CA employer, require me to stay in a rented location w/ co-workers?

I am a Non-exempt employee and my CA employer wants to rent a house and require me and my co-workers to stay at this home for several days, paying me only for the hours of the various business meetings throughout the day, beginning with a breakfast meeting and ending with a dinner meeting. We are... Read more »

Brad S Kane
Brad S Kane
answered on Jun 22, 2022

If you are required to literally stay in the rented location and are not free to leave, then you should be entitled to compensation. On the other hand, if the employer is providing you with a place to stay and you are free to come and go in your off time, you are not entitled to compensation.

2 Answers | Asked in Employment Law for California on
Q: Company forced 1 hour lunch breaks on me when I was only taking 30 minutes with no breaks
Brad S Kane
Brad S Kane
answered on Jun 22, 2022

An employer can require employees to take a 1 hour unpaid lunch break. If you are working during your lunch break, you must be paid for your time working, but you can be disciplined and even terminated for insubordination.

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1 Answer | Asked in Contracts and Employment Law for New Jersey on
Q: Do I still have to pay back a signing bonus if the clause does not specially say I need to?

The clause says “In appreciation of your full time

employment, a $10,000 bonus will be paid, with the understanding and agreement that you will work at [business name] for a year. A 1099 will be issued against this payment.” There is no language specifying repayment and I was a W2... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

You should have your full agreement reviewed by a New Jersey contract attorney to determine your rights and obligations under the agreement. There may be other portions of your agreement that alter or change the terms of the clause you listed, so a review that is limited to a specific clause in an... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Is it illegal for companies to use your pto to fix the problems they have with their network?

My wife and her fellow employees have been forces to use pto when the company's network has a bug or other issues. Any time they have an issue they tell the employees not to log in and that their pto will be used until the issue is fixed. It happens at least once a month.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 22, 2022

There are no laws that require companies to offer paid time off, so if your employer does offer this benefit, they can also control the terms of when it can (or must) be used, such as in the situation you described above.

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: After a work-related injury, can my employer wildly change my scheduled hours of work

Normally, I work 3am-1pm as a delivery driver. Recently, I injured my back and was placed on light duty temporarily while it is rested. (Just a strain dr says) in my place of employment, injured workers are often made fun of and taunted for being injured and treated by management as if every claim... Read more »

Eric Todd Kirk
Eric Todd Kirk
answered on Jun 22, 2022

Sorry to hear of your injury. An employer is required to honor your work restrictions, and if not, you would be entitled to workers' compensation wage benefits. It would be hard to characterize your employer honoring your work restrictions and providing work within those restrictions as... Read more »

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: I'm straight. Can I sue my employer for sexual harassment by forcing me to read emails praising the LGBTQ community?

This infringes on my moral and religious beliefs and makes it impossible to feel loyalty for my employer.

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2022

Far more would need to be known to answer your question. For instance if monitoring or reading emails is part of your job and you are not being singled out as part of an attempt to win you over to their way of thinking, it may not be harassment based on sexual preference or identity. On the other... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I earn paid time off for each hour I work. Is the company required to pay out my PTO after I quit. Gave 2 week notice.

Company policy is PTO is forfeited.

Courtney Cotter
Courtney Cotter
answered on Jun 21, 2022

If the company policy is that PTO is forfeited, then unfortunately you will lose your PTO.

Tennessee Wage Regulation Act, Tenn. Code Ann. 50-2-103(a)(3), provides:

… The final wages of an employee who quits or is discharged shall include any vacation pay or other compensatory...
Read more »

1 Answer | Asked in Contracts, Employment Law, Civil Litigation and Collections for New York on
Q: I got a demand letter for the a sign on bonus. I left my job and the letter had no clawback. They want repayment.

I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... Read more »

Michael David Siegel
Michael David Siegel
answered on Jun 21, 2022

Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.

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