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Questions Answered by Beatriz Adriana Sosa-Morris
1 Answer | Asked in Employment Law for Texas on
Q: Does my employer have to pay me for the hours I worked when I accidentally staying past my assigned shift?

I didn't know what hours I would be working at the start of the week and the manager wasn't there to ask when I showed up for work. My schedule also wasn't posted with the others so I just guessed what time I needed to leave. Does my employer have to pay me for the hours spent past my shift?... Read more »

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Mar 21, 2017

Your employer needs to pay you for all hours worked. They can then require that you don't work as many hours. However, if they are on notice that you worked those hours, then they have to pay you for the hours you worked.

1 Answer | Asked in Employment Law and Workers' Compensation for Texas on
Q: What to do when you disagree with the company doctor And you know that the injury was work related

All restrictions are removed including a brace given by previous w c doctor

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Mar 21, 2017

You need to dispute the extent of injury and set up a benefits review conference. You dispute the extent of injury by filling out a DWC 45 and filing it with TDI-DWC. You can find the form here: http://www.tdi.texas.gov/forms/dwc/dwc045brc.pdf However, I recommend you consult with an attorney... Read more »

1 Answer | Asked in Employment Law, Workers' Compensation and Business Law for North Carolina on
Q: City job can employer take employees tips and give them to non profits/not allow worker to accept tips they are given?
Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

If an employer is relying on the tip credit privilege to meet their minimum wage obligations, then the employer for itself cannot take an employees' tips.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Is it legal for an exempt employee to be required to be oncall 24 hours a day and 7 days a week with no compensation?
Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

Under federal wage laws, there are several exemptions for minimum wage and overtime pay. Sometimes employers classify their employees as "exempt," but the employee may actually not be exempt. Without additional facts, I don't know if you are properly classified as exempt.

1 Answer | Asked in Employment Law for California on
Q: I quit without a two week notice and the lady refuses to pay me my last check,is she allowed to do that?

She said she will deduct the training hours she paid me for from my last check and that if I have a remaining balance she would mail it to me

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

Under federal wage law, nonexempt employees are entitled to compensation for all hours worked including training.

1 Answer | Asked in Employment Law for Kentucky on
Q: I was terminated from my job 3 weeks ago with a communications company in Kentucky.

I was terminated from my job 3 weeks ago with a communications company in Kentucky. Toward the end of the workday on Jan 27, 2017, I was called in, and was explained to me that my employment was being terminated because "the company decided to go in a different direction with my department". I... Read more »

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

These claims are very fact specific, but you may have a claim for age discrimination and you may also have a claim for unpaid overtime if the company misclassified you as an "independent contractor."

1 Answer | Asked in Employment Law for Texas on
Q: Can my job get away with paying me under minimum wage being a hairdresser?

I worked a total of 72 hours in two weeks and got paid $194. I made 80 in tips as well as I am a hair dresser and I am on commission. My company also takes additional color charges on top of the 60% of my earnings, which I've heard is also illegal.

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

Nonexempt employees are entitled to minimum wage and overtime. Minimum wage and overtime wages are calculated on a weekly basis. Typically, hairdressers are classified as "independent contractors." Without knowing more about your situation, I can't say whether you are an "independent... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Can you be fired for violation of company policy,if the company policy states it is not a contract nor a legal document?
Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

Texas is an at-will state. This means they can fire you for any reason as long as it is not a discriminatory reason.

1 Answer | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can my employer take from my hourly wage for absences but not apply the same policy to the rest of his employees

This policy was implemented several months into my employment, at which time I had no standing record of unexcused absence, nor do I now. However this new policy has only been applied to myself and one other employee, but not any others. There are about 10 hourly employees. Only the two of us are... Read more »

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

I don't understand your question. However, an employer must pay you for all hours worked.

1 Answer | Asked in Employment Law for Texas on
Q: I applied at a company for a position and they didn't hire me, now hiring me through a temp. is that legal?

went through the interview process at the company directly, they emailed me saying that they weren't hiring me, i go to a temp agency and the company i applied to is now hiring me through them for the same job that i applied for directly to the company. Is there anything illegal about that?

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

It depends. If they hired you through a temp agency just to classify you as an independent contractor and not pay you overtime, then you may have a claim for overtime.

1 Answer | Asked in Estate Planning, Probate, Real Estate Law and Workers' Compensation for Texas on
Q: Is there an attorney that i can use for mutiple reason.probate.realestate .workmanscomp.liscense .lawsuit
Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

It depends on the attorney. Some attorneys focus on multiple areas of the law, while others only focus on one or two. Good Luck.

1 Answer | Asked in Workers' Compensation and Employment Law for Texas on
Q: I was a CDL driver when I was injured IN 2013 and am now returning to a driving career, I was given a wrongful reference

My old employer gave false dates and put that I was injured and had hired an attorney for my injury. They made it sound as if I was a risk to hire because I had hired an attorney when I was hurt on the job with my old employer. The new company I applied at denied me employment due to this reporting... Read more »

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

You may want to look at the settlement agreement you entered into with your old employer over the work related injury. It may include a "mutual non-disparagement" or require the old employer to give you a neutral employment reference.

2 Answers | Asked in Personal Injury and Workers' Compensation for Texas on
Q: I cut my thumb off about 5 to 5 1/2 months ago I was promised things and didn't go as planned am I still able to sue ?

Boss just told me to take home all the material and I had two days to get it done getting to work a board tugged pulling my hand into the table saw cuting my thumb off and just a surface cut here and there

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

If it is a Workers' Compensation claim in Texas, you have 30 days to report the injury to the employer and a year to report the injury to Texas Department of Insurance Division of Workers' Compensation. Under the Workers' Compensation system, you get temporary income benefits during the weeks you... Read more »

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2 Answers | Asked in Employment Law for New York on
Q: can my employer cut my hours after i questioned him about a labor law ?
Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

There are certain anti-retaliation provisions in wage and hour laws. For example, the FLSA has a non-retaliation provision for employees complaining about not receiving overtime or minimum wage that may be applicable. Good luck.

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3 Answers | Asked in Workers' Compensation for Texas on
Q: Can I still recieve a impairment rating if I resigned while on light duty?

I resigned because the job and I made a agreement that I could be off at a certain time so my wife could get to work. They did not hold to that so wife was late to work.

Beatriz Adriana Sosa-Morris
Beatriz Adriana Sosa-Morris answered on Feb 15, 2017

Yes you can still receive an impairment rating.

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