Questions Answered by Charles Joseph Stiegler

Q: I’m not getting paid (in La.) due to the govt shutdown, yet I’m being asked to do some work without pay. Is that legal?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Jan 14, 2019
Charles Joseph Stiegler's answer
Generally, it is not legal for a company to require you to work without pay. There are some unique aspects to this rule given the government shutdown; however, even the government is required to pay people on time, and the shutdown does not excuse them from lawsuits for unpaid wages. I would need to know more details about the specifics of your claim to give a clear answer. I would suggest contacting a local employment attorney to discuss.

Q: I have a co worker that is taking our company to court for not paying overtime and wonder if I'm able to jump in on it

1 Answer | Asked in Employment Law for Louisiana on
Answered on Jan 11, 2019
Charles Joseph Stiegler's answer
That depends. Some unpaid overtime lawsuits are filed as "collective actions," which means that other co-workers can ask the court to join the suit. Other lawsuits are filed just on behalf of one individual. I would need to know more about your co-worker's lawsuit to answer this question.

Q: My boyfriend is a hotel front office manager. He makes $32000 salary before tax and bonuses. Is he entitled to overtime?

1 Answer | Asked in Employment Law for Louisiana on
Answered on May 24, 2018
Charles Joseph Stiegler's answer
It is impossible to answer that question without more detailed information. Whether a manager is properly overtime exempts depends on several factors including: how much of his time he spends managing other employees, whether he has authority to hire or fire, the number of employees who he supervises, and the amount of discretion he has in running his department. For more information on the FLSA executive exemption to overtime pay, there is a link to my article below....

Q: Is it legal for a employer to cut pay even though I sign a contract that states I get paid a certain amount salary ?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Mar 1, 2018
Charles Joseph Stiegler's answer
This depends on the specific terms of your contract. It is impossible to give legal advice on a contract without reading it first, so you should contact a local employment attorney to discuss.

Q: Is is legal to have a job candidate pay for their own drug screening and be reimbursed if hired in the state of LA

1 Answer | Asked in Employment Law for Louisiana on
Answered on Mar 1, 2018
Charles Joseph Stiegler's answer
Generally no. The only exception is the costs may be withheld from the last paycheck if the employee quits within the first 90 days of work, and there is a prior written agreement to that effect.

Q: Is it legal for my workplace to not pay me for training

1 Answer | Asked in Employment Law for Louisiana on
Answered on Jan 28, 2018
Charles Joseph Stiegler's answer
There is not enough information here to give a certain answer. In most cases, employers must pay employees for training time. There are a few narrow exceptions, but these are very fact specific. You should speak to a local employment lawyer to discuss your specific situation.

Q: If I sign a employment agreement in which I'm to receive 30% of my annual salary as a bonus each year plus an addition %

1 Answer | Asked in Employment Law and Energy, Oil and Gas for Louisiana on
Answered on Dec 6, 2017
Charles Joseph Stiegler's answer
Thanks for the question. It's not clear what you mean by "reconstruction in court," but if you are referring to a bankruptcy restructuring, the answer is that companies undergoing bankruptcy may have the right to rescind or reject contracts that were entered into before the bankruptcy. This is a highly fact-specific question, and cannot be answered without more precise details regarding the contract and the company's legal status.

Charles

Q: Does a Louisiana Corp (Employer) have to respond to employee seeking verification of past employment.

1 Answer | Asked in Employment Law for Louisiana on
Answered on Oct 26, 2017
Charles Joseph Stiegler's answer
No. Unless you signed a severance agreement or other contract with the company, and they agreed to provide you with a reference, there is no requirement that a former employer provide verification of past employment.

Q: my employer makes me do odd jobs such as moving furniture at the vp's house. Is this legal?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Oct 16, 2017
Charles Joseph Stiegler's answer
As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.

Q: I had to sign an agreement not to discuss my salary with other employees. Was that legal?

1 Answer | Asked in Business Law and Employment Law for Louisiana on
Answered on Oct 6, 2017
Charles Joseph Stiegler's answer
This is not legal. The National Labor Relations Act (NLRA) states that employees have the right to gather together to discuss the terms and conditions of employment - this includes discussing their wages and salaries. For more information, read my blog post here.

http://stieglerlawfirm.com/2017/03/01/company-forbid-workers-discussing-salaries/

The other lawyer who answered this question does not appear to be American, and his answer is flatly incorrect under American law.

Q: If someone works in a retail gas station & works 56 hrs a week & doesn't get paid overtime. Is that illegal?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Sep 11, 2017
Charles Joseph Stiegler's answer
In most cases, yes, unless the individual is a genuine supervisory employee who is paid at least $455 a week, guaranteed, and has a primary duty of supervising others rather than performing manual work. You should speak to a local employment attorney about your options.

Q: If my previous employer says that they mailed my final check and I don't receive it, who is responsible for the check?

1 Answer | Asked in Employment Law for Louisiana on
Answered on Jun 23, 2017
Charles Joseph Stiegler's answer
If they sent to the wrong address, it is on them (unless you failed to update them of the correct address). If they mailed it to the correct address and it was just misdelivered, neither is responsible. Either way they should void that check and send you a new one.

Q: recently filed a EEO against my supervisor for harassment in the workplace.

2 Answers | Asked in Employment Law for Tennessee on
Answered on May 2, 2017
Charles Joseph Stiegler's answer
You should report all this to the EEOC to ensure it is included in the charge. It would probably be a good idea to contact a local employment attorney for assistance in handling the EEOC process.

Q: I work for a security company that require me to answer the oncall phone , do they have to pay me an hourly rate

1 Answer | Asked in Employment Law for New Jersey on
Answered on May 2, 2017
Charles Joseph Stiegler's answer
The company must pay you when you are actually on the phone, or dealing with whatever issue that you've been called about. They are not required to pay you for the time you are merely waiting to be called, *unless* there are significant restrictions placed on you during your on-call times -- for instance, if they say that when you are on call you must stay home at all times, and can't go shopping, out to eat, etc.

Q: What is considered a hostile work environment? I'm pregnant and my employer isn't happy.

1 Answer | Asked in Employment Law for Virginia on
Answered on Apr 26, 2017
Charles Joseph Stiegler's answer
Those two comments, alone, do not make for a hostile work environment. To be a hostile work environment, comments must be so extreme as to be beyond all normal bounds of dignity; or be continuous and ongoing over a period of time. These comments were rude, but not extreme. However, if similar comments continue - on and on - they may become a hostile work environment.

Do not be afraid to reach out to HR. It is critical that you document these instances of harassment and give the...

Q: I have a contract with a company that no longer has work for me. Do they still have to fulfill the terms?

1 Answer | Asked in Contracts and Employment Law for Illinois on
Answered on Apr 26, 2017
Charles Joseph Stiegler's answer
It is impossible to give an opinion on the enforceability of a contract without having read it. I believe it would be worth your time and money to contact a local attorney for assistance.

Q: My husband is a LLC owner from Iowa who was shut down last week by Dept. of Labor for no worker's comp, and will be fine

1 Answer | Asked in Employment Law for Connecticut on
Answered on Apr 26, 2017
Charles Joseph Stiegler's answer
Contact a local attorney. You need legal assistance far beyond what can be provided in this simple Q&A format.

Q: I recently competed a training course from January-March 2017, which my employer paid for...

2 Answers | Asked in Employment Law for California on
Answered on Apr 26, 2017
Charles Joseph Stiegler's answer
They cannot make you sign anything. They can fire you for refusing to sign it.

Q: my employer took my commission check and said i owed him money. is this legal

1 Answer | Asked in Employment Law for Pennsylvania on
Answered on Apr 25, 2017
Charles Joseph Stiegler's answer
It is impossible to answer this question without more information. I would recommend contacting a local employment attorney if you are concerned about your pay.

Q: Can a employer ask for a employee applicant to be women with large breasts and large behinds? Is this illegal under EEOC

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Arizona on
Answered on Apr 25, 2017
Charles Joseph Stiegler's answer
Yes, this is illegal if the company employs 15 or more workers. Small companies, with less than 15 employees, are not subject to federal employment laws.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.