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.
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.
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....
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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...
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.
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