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Questions Answered by Carrie Dyer
1 Answer | Asked in Employment Law for Illinois on
Q: Is there a limit on how much a employer can require an exempt employee to be on call and near campus with out a stipend?

Employer requiring a exempt employee to be on call for at least 2 weeks per month. This is a 24/7 on call for these two weeks, the employee would be required to be available for remote assistance and not leave the area to be able to respond to campus if needed with in 30 to 40 minutes. The would... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 28, 2020

You must be paid for time spent actually working while on call. However, whether the entire on-call shift must be paid depends on a variety of factors. Typically, if you are not required to remain on the employer's premises and instead are only required to be reachable while using that time... Read more »

1 Answer | Asked in Employment Law for Wyoming on
Q: Can my employer make me get a flue shot

Working for a mechanical contractor in cheyenne wy were doing a job for the va hospital they are trying to say we all need to get a flue shot and provide them with documentation I feel this is against my rights

Carrie Dyer
Carrie Dyer answered on Oct 28, 2020

Your employer can require that you get a flu shot unless you are entitled to an exemption for sincerely-held religious beliefs or for medical reasons. If either of those reasons form the basis upon which you do not want to get a flu shot, you can ask to be exempt. You should reach out to an... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: If you are a salaried employee, is there a percentage of time your week can be spent tasking?

I seem to recall there is a certain percentage where if that is met, overtime needs to be paid

Carrie Dyer
Carrie Dyer answered on Oct 21, 2020

I am not sure what you mean by "tasking." If you are properly classified as a salary exempt employee, then you would not be entitled to overtime regardless of the number of hours you work per week or the time you spend on certain tasks. However, you must be paid overtime for all hours... Read more »

1 Answer | Asked in Employment Law and Small Claims for Texas on
Q: My Previous employer is attempting to alter our severance agreement in order to deem me ineligible for severance pay.

Per our signed agreement my employee end date was 10/7/20. Per the agreement the severance pay can only be forfeited if I am offered a position BEFORE this end date of 10/7/20. I was offered a position on 10/16/20. At this time they went into the system without my knowledge or consent and changed... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 21, 2020

It sounds like your employer may be in breach of your agreement. You should immediately contact an attorney in your area for assistance interpreting the agreement and contacting your employer.

1 Answer | Asked in Employment Law for Ohio on
Q: I have a doctor's note restricting 3rd shift work due to seizures. Does my work legally have to accommodate me
Carrie Dyer
Carrie Dyer answered on Oct 21, 2020

It sounds like you would have a medical condition that qualifies you for protection under the Americans with Disabilities Act ("ADA"). Under the ADA, an employer does not necessarily have to provide you with the first accommodation you propose, but they are required to engage in an... Read more »

1 Answer | Asked in Employment Law and Sexual Harassment for Kentucky on
Q: I have a female supervisor that keeps flirting, touching, and making comments, I think she's being more than nice.

I'm male and in my ninth week at a new job in a warehouse and within the first week my female boss and i started talking about how we both use to work at the same company at different times and how working at this new company was a refreshing and relaxed change and while we were talking, she... Read more »

Carrie Dyer
Carrie Dyer answered on Oct 14, 2020

You should first inform your supervisor that her behavior makes you uncomfortable and ask that she stop. If her behavior does not change, you should immediately follow your employer's policies regarding reporting sexual harassment. If your employer does not have a policy in place, then report... Read more »

1 Answer | Asked in Business Law and Employment Law for Arizona on
Q: My ex-employer won’t respond when I ask about returning work equipment - tablet, phone & laptop. Are they mine now?
Carrie Dyer
Carrie Dyer answered on Oct 7, 2020

No, the equipment is not yours. It is the property of your employer. You should continue to contact your employer until you get a response regarding how the equipment should be returned.

1 Answer | Asked in Employment Law for Arizona on
Q: I went on FMLA for corona now I dont have the position in my store the mgr is training someone. Else

The mngr sent me to another store for a week and now said she doesnt know if they can get hours im a full time assistant manager

Carrie Dyer
Carrie Dyer answered on Oct 7, 2020

You are typically entitled to reinstatement to your position or to an equivalent position (with equivalent hours) upon return from an FMLA-qualifying leave that does not exceed the maximum 12-week allotment. This right to reinstatement exists even if your employer replaced you while you were on... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: My husband is on FLMA and has a letter from his doctor requesting that he be moved to a cleaner area because of COPD.

He was for the last year in the cleaner area until his supervisor moved him back to the dirty part of the factory. His supervisor is stonewalling him on the move saying he doesn't have to move him because the doctor has no authority. Is there anything that can be done, because my husband is... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 30, 2020

Yes, your husband is entitled to seek a reasonable accommodation due to his COPD that allows him to continue to perform the essential functions of his job. It sounds like your husband's employer was providing him the accommodation of working in a clean area of the factory for the previous... Read more »

2 Answers | Asked in Employment Law for Illinois on
Q: In IL., is it legal to drop ones pay 30 % if asked to take another position within the company?

I work for a major retail firm.

Carrie Dyer
Carrie Dyer answered on Sep 30, 2020

Yes, your employer can change your rate of pay at any time for any reason, as long as it is not for an unlawful reason and as long as your pay is compliant with state and federal wage and hour laws.

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1 Answer | Asked in Employment Law for Virginia on
Q: How can UVA require me to work OT without it being in our policy manual and HR knowing nothing about "Pink Star Days"?

I work for UVA Medical Center and our department just implemented a new program called "Pink Star Days". These are day that I am required to be "On Call" from midnight until 7am, without pay and is overtime when called in.

The UVA HR dept does not have information on... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

Your employer is free to implement new policies, including on-call requirements, without prior warning and without a written department policy. You must be paid for time spent actually performing work if you are called in.

However, whether the entire on-call shift must be paid depends on...
Read more »

1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Texas on
Q: How do I protect myself from employee retaliation after reporting my boss for racial discrimination?

I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... Read more »

1 Answer | Asked in Employment Law on
Q: I was employee who had money taken from my credit card tips to help pay a manager and minimum wage busser
Carrie Dyer
Carrie Dyer answered on Sep 16, 2020

Tips are the property of the tipped employee. The employer is prohibited from using an employee’s tips for any reason other than as a credit against its minimum wage obligation or as part of a proper tip pool or sharing arrangement. A tip pool is proper if tips are divided among employees who... Read more »

1 Answer | Asked in Business Law, Contracts, Employment Discrimination and Employment Law for Minnesota on
Q: Can General Contractors force subcontractors to wear a mask for Covid or threaten contract termination

Install team,

Just a reminder that the wearing of masks or face shields while in the customer home is not optional, and there is a zero tolerance policy if you do not wear them.

The only time it is optional is when you are outside of the home and separated by at least 6 feet.... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 16, 2020

Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: If my employer cause me to miss hours due to negligence on their part are they required to pay me for time missed. Mich.
Carrie Dyer
Carrie Dyer answered on Sep 9, 2020

Your employer is not required to pay you for hours you did not work.

1 Answer | Asked in Employment Law for Maryland on
Q: Can an employer keep my last paycheck because I quit without a notice

I quit my old job a year ago because they put me in salary and worked me 60+ hours 7 days a week. Eventually I got tired and couldn’t keeo doing it so I quit. I did it without a notice I just dropped my stuff off and emailed them I quit, well they withheld my paycheck and have never given me my... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 9, 2020

Your employer cannot keep your final paycheck because you resigned without notice. You may have signed documentation stating that if you resign without notice, you agree to be compensated at minimum wage for hours worked on your final paycheck; however, you cannot agree to forgo any payment for... Read more »

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Tennessee on
Q: I need a lawyer for my denial of unemployment . This company fire me while I was in the hospital for major surgery.
Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

You should reach out to an employment attorney in your area to discuss the details of your situation. Depending on the size of your employer, the length of your employment, and the reason for surgery, you may have qualified for protected medical leave under the Family Medical Leave Act. You may... Read more »

1 Answer | Asked in Employment Law for Arizona on
Q: Can an employer advertise a work from home position and then keep them in office?

I was hired into a work from home position. HR emailed me stating the position was 2 weeks in office for training and

then I would be working from home. 3 months later and I am still in office. I got covid 19 abt 7 weeks into the job. I requested to work from home and was told no. Can a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

In general, your employer can change the requirements of your job at any time. However, in some circumstances, you could have recourse under the Americans with Disabilities Act if your request to work from home is for a medically-related reason. If you are currently unable to work in the office... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for South Carolina on
Q: Can an employer fire you for a background that you disclosed to the during recruiting and onboarding?

I was recruited by a company that offered me a great opportunity. At the time, I had a promising career with a major corporation so I was reluctant to take the opportunity because I had a criminal background from ten years prior. I explained to various members of the recruiting company that I had a... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 27, 2020

The specifics of your situation should be discussed with an employment attorney in your area; however, the answer is likely no. In an at-will state such as South Carolina, your employer can deny you employment opportunities or terminate your employment for any reason or no reason, as long as it is... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for West Virginia on
Q: Hostile work environment do I have a lawsuit ?

I worked with asplundh tree experts LLC for almost a year and I got fired bc I took off a few days because I had been under so much stress and anxiety and I was supporting 7 people in my home and I was threatened with a knife to my stomach and was told he was bonded to shoot me and he would get by... Read more »

Carrie Dyer
Carrie Dyer answered on Aug 26, 2020

More information is needed to analyze your situation. You should contact an employment law attorney in your area to determine if you have a claim under the Americans with Disabilities Act or Title VII for the way you were treated by your former employer.

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