Prior to changing us to non-exempt we were required to attend Conferences that lasted well past our normal business hours. When not at conference or trainings we couldn't go over 40hrs but at these events we worked 50 - 60 hours without additional pay. Is that legal?
You cannot be switched between exempt and non-exempt by your employer as those are legal terms defined by the wage and hour laws. You are either one or the other unless there is a substantial change in circumstances (job duties change for example). In making the determination, the law focuses on...Read more »
Yes. However, if the texts are work related and you are a non-exempt employees (one entitled to overtime), then the employer must pay you for that time spent on the texts. If you are an exempt employee, then the employer is not required to pay you for that time.
I was ordered to see state psychiatrist due to ADHD, social anxiety, bipolar, and other mental issues. State Dr. said to me he was deeming me unable to work a steady job that would provide stable income due to my emotional issues and bipolar. Yet I was denied. I am confused as to why. This was for... Read more »
This is posted in the Employment Law section, but I recommend posting it in the Social Security Disability section. I think it is imperative that you reach out to social security attorneys as soon as possible. I really cannot make a recommendation based on personal knowledge as I do not work with...Read more »
I was out from work for 2 days because of my panic attacks. Today is the third day and my coworker just told me that my manager was asking him about my medications and in front of my coworker while I am not there. I am so embarrassed and upset that my manager is asking my coworker about my... Read more »
In this scenario, most like this is not unlawful. Employers with 15 or more employees are required to keep employee medical information once they receive such information from the employee or a third party on the employee's behalf (a doctor for example). However, asking about your medications is...Read more »
A former employer called me in April and stated that for several months funds were deposited in my account. I checked my banking statement and he is correct. I left the company 8 months ago. Funds were deposited for 3 months. Funds were last deposited in November. I truly did not know that funds... Read more »
Possible, but likely not. Workplace bullying is not unlawful in this state. The only time that you would be able to file a claim for bullying is if it arises to the level of unlawful harassment (pretty much synonymous with the term "hostile environment." Harassment is unlawful only if it is...Read more »
I'm headed in for a meeting with the store manager later in the day, though my fear is that my request for being paid my lost wages and switching all my hours for the lower wage to the vastly superior wage. I'm an hourly worker and I have a few coworkers with a similar problem.
If the employer is not paying you a promised wage, you can file a complaint for free with the North Carolina Department of Labor's Wage and Hour Bureau. Search online and their website will give you information on filing via phone.
Hello I am a 15 year old male and I feel like I am being sexually assaulted by an 18 year old male who has been touching me in places that make me extremely uncomfortable and I was wondering if it would still be illegal if I’ve never really shown any resistance
Sexual harassment is complex. There are specific laws that prohibit sexual harassment in certain situations such as employment or education. If this is your co-worker, or boss, or a classmate, then there are specific laws that apply and steps you can take. However, if this is someone you know in a...Read more »
Yes, he can lawfully fire you for leaving. In fact, whether you are paid hourly or salary, non-exempt or exempt, you can be fired for leaving if your employer expects or demands that you stay beyond your shift.
You mentioned a contract. If it is actually an enforceable employment contract,...Read more »
i was ''Voluntarly Terminated'' during Hurricane Florence in NC and now i am receiving a letter stating that NCDPS overpaid me and that i need to may payments. I wasnt paid for a Week of work nor did i get paid for my leave days that were used during the Storm.
Yes. North Carolina is an employment-at-wills state where an employer can take any action it wants against an employee for good reason, bad reason or no reason at all. As such, your friend's employer can suspend him at any time for any reason. Also, If your friend is not working, the employer is...Read more »
The employer may be able to based on a US Supreme Court case that expanded the "ministerial" exemption in employment law. It is a complex issue that you will need to consult directly with an experienced employment attorney about to get a specific answer.
Very complex question with no easy or simple answer. If he believes he was terminated due to age, he will need to file with the EEOC. However, it is very important for him to consult with an experienced employment attorney.
I am provided with a company vehicle and wear company shirts. They pay worker comp insurance as of to date and also pay for all materials needed for the job . I do not have any control over profit or loss. They do not take out taxes. I am paid a flat rate weekly salary. We use to get a... Read more »
There is no one single definition of "employee." For example, the definition used by the EEOC is different from the definition used by the IRS. However, if the company is taking taxes out of your check then you are likely to be an employee. In general, the more control that is exerted over you, the...Read more »
My male coworker is paid $17k more than me per year. I know because he left his paystub up on his computer screen, when he asked me to help him with something at this desk. We have the same exact job responsibilities. This person only has a couple more years of industry experience than myself and... Read more »
Paying a male more than a female may be a violation of Title VII of the Civil Rights Act which prohibits discrimination on the basis of sex and/or the Equal Pay Act which requires employers to pay females the same as males for the same work. However, there are a number of defenses possible under...Read more »
In general, under our Wage and Hour law, an employer is not required to pay an exempt employee's salary for any whole day the employee is absent from work for any reason. This is in general, so I recommend you consult with an experienced employer side attorney.
I worked for a cupcake franchise for 2 months and quit because the weren’t pay any employees correctly or providing pay stubs. Our time logs were all posted on an app so i have accurate records of what my paychecks were supposed to be as well and an excel spreadsheet of the checks they wrote... Read more »
Yes, you can be laid off or fired at any time for any reason. However, you may have a legal claim in certain circumstances. For example, if you are fired solely because you reported or filed a workers comp claim, if you were fired because you took FMLA time off work to deal with the on-the-job...Read more »
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