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Questions Answered by Kyle Anderson
1 Answer | Asked in Employment Law for Massachusetts on
Q: Due to a chronic health condition (and COVID) I have an MD letter to work from home. Can work deny this?

Work will not allow me to work from home. I need help understanding my options and the best way to proceed but getting this information from work has been exceedingly difficult. I recently requested to start paperwork for short-term disability. This paperwork was provided along with the suggestion... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 1, 2020

I would recommend reaching out to an employment attorney in your state for a consultation. More information is needed on your medical condition to determine if it qualifies as a disability under the ADA. If it does, you might try to request a reasonable accommodation of working from home. Looking... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: IS AN "INDEPENDENT CONTRACTOR" ELIGIBLE FOR OVERTIME PAY UNDER FAIR LABOR STANDARDS
Kyle Anderson
Kyle Anderson answered on Apr 1, 2020

No, the Fair Labor Standards Act only covers employees, not independent contractors.

1 Answer | Asked in Employment Law for Arizona on
Q: If I fired an employee for cause and put not rehireable in the file. Does AZ have a law to protect that decision
Kyle Anderson
Kyle Anderson answered on Mar 25, 2020

Arizona is an at-will state meaning, generally, you can terminate an employee for any reason, as long as it is not an unlawful reason. There aren't laws in place to protect you as an employer, only to protect the employee. The protections extended to employees generally involve terminations based... Read more »

1 Answer | Asked in Employment Law on
Q: Does my employer need to pay me if they are requiring a 14 day quarantine for visiting a non high risk country?

I am stuck in Guatemala. Once I am finally able to go home to Iowa, my employer is requiring a 14 day quarantine even though Guatemala is not a high risk travel area (only 20 cases in the entire country) Are they required to pay me during this time?

Kyle Anderson
Kyle Anderson answered on Mar 25, 2020

No. Since you are not performing any work, they are not required to pay you.

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: My employer just fired 3 employees and wants to cut my pay by 33%.

This comes one week after I informed them that I am pregnant and one week after they issued themselves $75000-$84000 bonuses. They claim my pay reduction from $60000 to $40000 (now only female and least paid employee) is due to a slow in business. They offered me 10000 shares if and when the... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 19, 2020

Reach out to an employment attorney in your state for a consultation. It sounds like this pay cut came right after you announced your pregnancy, and discrimination based on pregnancy is unlawful.

2 Answers | Asked in Employment Law for Illinois on
Q: I am a 63 year old woman, working for the same company 14 years. Company changed my position and didn't give me options.

This is an entirely different position. I was told in December that they were looking for a place to "put" me. I had no choice in the matter or given any option, company focus was changing to some extent. Went from outside sales management, to working with inside global education department, but... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 18, 2020

I would reach out to an employment lawyer in your state to go over options. I'm not sure about Illinois, but in Ohio you would typically not be eligible to receive unemployment if you quit.

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1 Answer | Asked in Employment Law for Virginia on
Q: My wife works for a local bank, she has been told she can have her 30 minute lunch, but can’t leave. Must Clock out

My wife works for a local bank, she has been told she can have her 30 minute lunch, but must clock out, but cannot leave the building in case a customer comes in. From what I understand and I may be wrong. They can make her stay in the building, but they cannot bother her for the 30 minutes,... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 11, 2020

Yes, she should be able to take an uninterrupted break if they are requiring her to clock-out. If she is clocking-out and is consistently unable to take an uninterrupted break, I would reach out to an employment lawyer in your state for a full evaluation. There are other factors that need to be... Read more »

1 Answer | Asked in Employment Law for North Carolina on
Q: Can my old employer hold my check and mail it instead?

I quit my job last Thursday. We got paid every Wednesday so I arrived to my old employers office to pick up my check and she informed that she would not give me my check because she had to mail it off.

Kyle Anderson
Kyle Anderson answered on Mar 11, 2020

Yes. Some states have a time-frame by which employees must be paid, so you would need to check with an employment lawyer in North Carolina, but a few days would likely not put them in violation. For example, Ohio requires payment within 30 days, so there is not violation until the 31st day occurs... Read more »

1 Answer | Asked in Employment Law for Kansas on
Q: I am a salaried employee. Can an employer require me to stay on their property to sleep without paying me for it?

I work in an agency that provides services to individuals with developmental disabilities. One of the positions I supervise requires the staff to sleep in the house off the clock. Usually the person who works this position is an hourly employee. If I can not find someone to work an opening I am... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 4, 2020

More information is required for a full analysis of your situation, thus, I would recommend reaching out to an employment law attorney in your state. However, the employer would not be required to pay you extra for the sleep time if you are properly classified as a salaried employee. An hourly... Read more »

1 Answer | Asked in Employment Law for Nebraska on
Q: I cut hair and rent a station from a salon. On Saturday after my last client of the day, the owner of the salon said

that I would have to leave and not return. She gave me 10 minutes notice to vacate and gave me all my sales from the register for the day, but took out rent without my permission, and kept my client information (name, address, phone and email address). I was never late with rent. Can she legally... Read more »

Kyle Anderson
Kyle Anderson answered on Mar 4, 2020

Did you sign a document regarding the rental when you first began renting there? Any sort of lease or rental agreement would be controlling here. Otherwise, it doesn't sound like there are any legal implications here. However, I would reach out to an employment law attorney in your state and... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: When I got laid off, my paycheck was incorrect. I got the rest of the $ a week later. Did they violate the law?

They also ignored my messages when I attempted to negotiate for more severance. Should I sign the severance agreement anyway?

Kyle Anderson
Kyle Anderson answered on Feb 26, 2020

Since you were paid a week later in full, I don't see a violation of law here. I would consult with an employment law attorney in your state before signing a severance agreement with legal ramifications.

1 Answer | Asked in Employment Law for New Jersey on
Q: My employer, a well known national brand has a history of forcing employees to quit. They are doing it to me now

Changing job duties, locations, etc to get me to leave on my own like they have done to other employees in the past. Do i have any recourse? This started after i complained about unfair work place/environment

Kyle Anderson
Kyle Anderson answered on Feb 26, 2020

It depends on what you specifically complained about regarding an unfair workplace and environment. If you feel you are being treated unfairly based on your gender, race, religion, or some other protected class or activity, you may have a claim. More details are needed to fully evaluate the... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Minnesota on
Q: I have a question about employment wrongful termination .

I I was fired for refusing a piss test. That I never refused the company I work for broke federal law when giving me the piss test

Kyle Anderson
Kyle Anderson answered on Feb 19, 2020

Unfortunately, there is very little protection for individuals when it comes to refusal of a drug test. Because you are an at-will employee, an employer may terminate you for any reason, or no reason at all, unless it is an unlawful reason. If you feel as though you were singled out based on your... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New Jersey on
Q: I work for a small business in NJ with less than 25 employees . My wife is about to deliver our first child.

Am I allowed by Law to get paid paternal leave? If yes , for how long . I know that companies with 30 employees and more must provide their employees with paid leave, just not sure what is the laws saying about smaller businesses. Thank you.

Kyle Anderson
Kyle Anderson answered on Feb 19, 2020

Hi, the federal law governing medical leave, the Family Medical Leave Act ("FMLA") does not require the employer to give you *paid* leave. It protects your job if you take unpaid leave, however. One issue I see is whether or not your employer is covered by the FMLA. You state the employer has less... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: I was terminated after 9 months, employer stated I was not qualified. I had to complete presentations & pre-employment

Is this legal? I passed pre-employment skills testing, etc.No warings ( written or verbal), etc. No reviews or 1 on 1 meetings.

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

Generally speaking, you are working in an "at-will" state which means an employer may terminate you for any reason or no reason at all. Unless the termination was based on your membership in a protected class or you engaging in a protected activity, you likely do not have any recourse. I would file... Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: If I put on an employment contract the amount of an annual salary, am I obligated to pay that even if the employment

is terminated before the end of the contract?

Kyle Anderson
Kyle Anderson answered on Feb 12, 2020

Depends on how the contract is written. Does the contract set a specific duration of time for which the employee will be employed under the contract? I would reach out to an Employment Lawyer in your state to go over the employment contract you are offering. I recommend having an understanding of... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: Is there a law against paying employees less than their normal wage when they work their normal hours?
Kyle Anderson
Kyle Anderson answered on Feb 6, 2020

In most cases, the law only requires an employer to pay minimum wage and overtime (for hours worked over 40 in a workweek).

2 Answers | Asked in Employment Law for Florida on
Q: My employer won't pay out earned vacation time I requested before terminating my employment.

I live in Lee County, Florida and recently quit my salary job. I had requested through email that my earned vacation pay be cashed out instead of taking my vacation. The owner verbally confirmed that the pay would be on my next check. Two days later, I walked out of my job. On my last check, they... Read more »

Kyle Anderson
Kyle Anderson answered on Feb 6, 2020

Florida may be different, but in Ohio, vacation pay is not a gift or gratuity. It is a deferred payment of an earned benefit. In Ohio, courts have enforced company policies regarding the payment or personal or vacation time upon termination of employment. Depending on how much vacation you are... Read more »

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1 Answer | Asked in Employment Law on
Q: Do I have a discrimination and slander in the work place I'm being told that the managers is talking about me and said

That I can't get the position because of my kids and was given to someone without kids after asking her if she had kids she wants to fire me because she hired to many people and the manager is telling employees this about ne and that me and another employee is being replaced

Kyle Anderson
Kyle Anderson answered on Jan 30, 2020

Hi. Your situation sounds like what may be categorized as "sex plus" discrimination. Courts have used this term to describe situations where the employer discriminates against a subclass of women, such as women with care-giving responsibilities. I would reach out to an Employment Law Attorney in... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Can an employer not pay you for hours you’ve already worked, because they feel as if the job wasn’t done properly?

I have a friend who works at an animal hospital and her job is to clean and care for the animals. She’s been left a couple notes regarding her cleaning in the past week, and now today her boss is telling her that she’s not getting paid for the work she’s been doing because they feel as though... Read more »

Kyle Anderson
Kyle Anderson answered on Jan 30, 2020

I agree with Mr. Eisenberg. Typically, an employer must pay an employee for all hours worked and cannot make deductions based on the quality of the work. However, if the deducted pay still keeps her above the minimum wage rate (calculated by dividing her total compensation by the hours worked for... Read more »

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