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Questions Answered by Charles Joseph Stiegler
1 Answer | Asked in Employment Law for Louisiana on
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?

I work in the state of La. for a large government contracting company. Due to the current government shutdown, a work stoppage has been issued and we’re not getting paid, yet we are being asked to do some work without pay. Is that legal, and are we entitled to compensation for every hour we work... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Jan 14, 2019

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... Read more »

1 Answer | Asked in Employment Law for Louisiana on
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

Or do I have to file my own claim

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Jan 11, 2019

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.

1 Answer | Asked in Employment Law for Louisiana on
Q: My boyfriend is a hotel front office manager. He makes $32000 salary before tax and bonuses. Is he entitled to overtime?

He works 5 9-hour shifts per week.

Charles Joseph Stiegler
Charles Joseph Stiegler answered on May 24, 2018

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... Read more »

1 Answer | Asked in Employment Law for Louisiana on
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 ?

I signed a contract that states I get paid $60000. My employer told me that they have to cut my pay in order to higher a certified employee. I already signed the contract 2 months ago. I do not see in the contract where it states my pay can be cut.

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Mar 1, 2018

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.

1 Answer | Asked in Employment Law for Louisiana on
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
Charles Joseph Stiegler
Charles Joseph Stiegler answered on Mar 1, 2018

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.

1 Answer | Asked in Employment Law for Louisiana on
Q: Is it legal for my workplace to not pay me for training
Charles Joseph Stiegler
Charles Joseph Stiegler answered on Jan 28, 2018

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.

1 Answer | Asked in Employment Law and Energy, Oil and Gas for Louisiana on
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 %

if the company prospers. Can the company not pay me my bonus because they had to file for reconstruction of the company in court.

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Dec 6, 2017

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... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: Does a Louisiana Corp (Employer) have to respond to employee seeking verification of past employment.
Charles Joseph Stiegler
Charles Joseph Stiegler answered on Oct 26, 2017

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.

1 Answer | Asked in Employment Law for Louisiana on
Q: my employer makes me do odd jobs such as moving furniture at the vp's house. Is this legal?

I work in the I.T. department and I'm not sure if I should be willing doing these jobs.

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Oct 16, 2017

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.

1 Answer | Asked in Business Law and Employment Law for Louisiana on
Q: I had to sign an agreement not to discuss my salary with other employees. Was that legal?
Charles Joseph Stiegler
Charles Joseph Stiegler answered on Oct 6, 2017

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.... Read more »

1 Answer | Asked in Employment Law for Louisiana on
Q: If someone works in a retail gas station & works 56 hrs a week & doesn't get paid overtime. Is that illegal?

What does that person have to do to get the money of overtime? How does that someone report the business?

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Sep 11, 2017

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.

1 Answer | Asked in Employment Law for Louisiana on
Q: If my previous employer says that they mailed my final check and I don't receive it, who is responsible for the check?
Charles Joseph Stiegler
Charles Joseph Stiegler answered on Jun 23, 2017

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.

2 Answers | Asked in Employment Law for Tennessee on
Q: recently filed a EEO against my supervisor for harassment in the workplace.

My supervisor is retaliating towards by putting me in areas with larger work volumes and recently changed my shift to a conflicting shift. Shes also tampering with my hours, so i wont recieve my correct pay. I feel forced to quit. What can i do?

Charles Joseph Stiegler
Charles Joseph Stiegler answered on May 2, 2017

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.

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1 Answer | Asked in Employment Law for New Jersey on
Q: I work for a security company that require me to answer the oncall phone , do they have to pay me an hourly rate

I have to take there cell phone and answer it all hours of the night and all weekend, this is done after I work 40 hours a week, they pay me 16.42 a day to take the phones, I feel this is to low. The phone rings whenever a guard calls out or a company calls to hire us. I tried to not take the phone... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler answered on May 2, 2017

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... Read more »

1 Answer | Asked in Employment Law for Virginia on
Q: What is considered a hostile work environment? I'm pregnant and my employer isn't happy.

Today I told my boss's boss (a regional leader at my company) that I'm expecting my third child. Her response was, "You do know how that happens, right?" A few minutes later she loudly told one of my coworkers that she doesn't like that I'm pregnant. I'm terrified of being retaliated against so I'm... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Apr 26, 2017

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... Read more »

1 Answer | Asked in Contracts and Employment Law for Illinois on
Q: I have a contract with a company that no longer has work for me. Do they still have to fulfill the terms?

The contract refers to me as a "Contract Freelancer." It specifies start and end dates. It states I am "guaranteed" an annualized base gross salary of X as well as additional benefits offered to regular employees (health, PTO, 401k, etc.).

The company informed me the project was canceled... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Apr 26, 2017

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.

1 Answer | Asked in Employment Law for Connecticut on
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

Dept. of Labor says he will be fined for no workers comp. We have no idea how to proceed

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Apr 26, 2017

Contact a local attorney. You need legal assistance far beyond what can be provided in this simple Q&A format.

2 Answers | Asked in Employment Law for California on
Q: I recently competed a training course from January-March 2017, which my employer paid for...

Today, almost 4 months after the training course began, and a month after I completed the exam, my employer has sent me a contract (dated 4/26/17), asking me to sign to confirm that if I leave the company before X amount of time, I will repay X% of costs. I would have happily signed this before the... Read more »

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Apr 26, 2017

They cannot make you sign anything. They can fire you for refusing to sign it.

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1 Answer | Asked in Employment Law for Pennsylvania on
Q: my employer took my commission check and said i owed him money. is this legal
Charles Joseph Stiegler
Charles Joseph Stiegler answered on Apr 25, 2017

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.

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Arizona on
Q: Can a employer ask for a employee applicant to be women with large breasts and large behinds? Is this illegal under EEOC

IS IT ILLEGAL UNDER EEOC OR SEXUAL DISCRIMINATION?

Charles Joseph Stiegler
Charles Joseph Stiegler answered on Apr 25, 2017

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.

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