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Questions Answered by Kyle Anderson
1 Answer | Asked in Employment Law for Kansas on
Q: Can a supervisor take hours from you while you're on the clock
Kyle Anderson
Kyle Anderson answered on Jun 17, 2021

Hello, more information is needed here. Are you paid hourly? The employer is required to pay you at least the minimum wage for all hours worked, and at a rate of one and one-half times your regular hourly rate for hours worked over 40. There may be an issue here if they are deducting hours in weeks... Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: If I worked 2 days and quit, am I supposed to get pay for one or both days?

I quit due to commute issues and other personal reasons and I checked the company payroll app to see how much I’m supposed to get paid but it only says I get paid for one day. Is this correct or should I get in contact with the payroll manager?

Kyle Anderson
Kyle Anderson answered on Jun 17, 2021

Hello, more information is needed here. The company is required to pay you at least the minimum wage for all hours you worked and and time and a half of our hourly wage if you were paid hourly for all hours worked above 40 in a workweek. I would wait to see how much you are paid and then reach out... Read more »

1 Answer | Asked in Employment Law for Connecticut on
Q: Age discrimination or "overqualification" prejudice? Can a lawyer compel private testimony with company and myself?
Kyle Anderson
Kyle Anderson answered on Jun 9, 2021

Hello, generally speaking, an attorney cannot compel the company to provide information unless a lawsuit is filed. More information is needed here to evaluate your situation. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Let go refused to tell why, age 70 and less than a year work comp. Sep Slip- Lack of Work, Job posted next wk.

Do I have a case? I was in excellent health before injury and my age was not a problem. Injury had nothing to do with age, instead work station and vendor communication did. Before injury co-workers and local management had no idea of my age from appearance and job performance. Records were at... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 9, 2021

Hi, more information is needed here. Were you injured on the job and filed a workers compensation claim? Some states have an anti-retaliation law that prohibits retaliation for filing a workers compensation claim. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Maryland on
Q: Job Repayment Obligation

Hi, I am trying to understand repayment money I owe to my previous employer. Here is what happened, I started working remotely in May 2020 but did not move to actual location until August 2020 due to Covid-19 pandemic. I quit my job in May 2021, one year after I was hired. Relocation contract... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 2, 2021

Hello, more information is needed here. Has the company contacted you about the possible repayment obligation? I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law for Texas on
Q: If laid off due to covid 19, am I legally entitled to unemployment?

School Principal laid off due to Covid. No reasonable assurance given to return to job.

Kyle Anderson
Kyle Anderson answered on Jun 2, 2021

Whether you are entitled to it is one question, but I would recommend applying regardless. If you have specific questions about unemployment, I would reach out to an unemployment law attorney in your state.

1 Answer | Asked in Employment Law and Personal Injury for New Jersey on
Q: Can a healthcare employer mandate the “experimental“ COVID shot. This is in the experimental phase.

Isn’t this coercion and undue influence? Isn’t this a violation of the Informed Consent Law?

https://law.justia.com/codes/new-jersey/2013/title-26/section-26-14-4/

And what about religious exemptions?

https://law.justia.com/codes/new-jersey/2013/title-26/section-26-1a-9.1/

Thank you!

Kyle Anderson
Kyle Anderson answered on May 27, 2021

Generally speaking, in the employment law context, you can only request to not be required to have it if you have a religious objection or a disability/medical condition. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law on
Q: Are American employees, allowed to sue thier employers, and on what grounds

Workplace discepencies

Kyle Anderson
Kyle Anderson answered on May 27, 2021

As far as workplace discrepancies, generally speaking, you need to be a member of a protected class or engage in a protected activity to have a claim against an employer. I would reach out to an employment law attorney in your state for a consultation.

2 Answers | Asked in Employment Law and Workers' Compensation for Missouri on
Q: Could I sue for more money after a job I quit has yet to pay me

It has been 2 months since working there and they haven’t payed nor do they do the mangers or store answer there phone

Kyle Anderson
Kyle Anderson answered on May 25, 2021

Hello, employers are required to pay in accordance with federal overtime and minimum wage laws. If you weren't paid at all, or a portion of your pay was withheld, you may have a minimum wage violation claim. If you worked overtime during the period, you may have an overtime claim as well. I... Read more »

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2 Answers | Asked in Employment Law for Tennessee on
Q: Need an attorney for employer wage theft and not paying me minimum wage. I’m in Tn.

Stole for past 2 years.

Never turned into IRS or reported work to SSI.

STOLE ppp money. Never received checks for 2 months of my work.

Kyle Anderson
Kyle Anderson answered on May 26, 2021

Hello, more information is needed here. Were your hours deducted or how specifically were you a victim of wage theft? Were you paid hourly and worked more than 40 hours in a week? Employers are required to pay all employees in accordance with federal and state minimum wage and overtime laws. I... Read more »

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1 Answer | Asked in Employment Law for Arizona on
Q: Is it legal for my employer to go in to change my clock in time without it being in my contract or previously discussed?

I just started a new job recently and during training was instructed that I was allowed to clock in "up to 5 minutes" before the hour my shift starts.

I have been doing this and discovered last night that the times I'm being paid for have been adjusted compared to what they... Read more »

Kyle Anderson
Kyle Anderson answered on May 12, 2021

How many hours per week are you working? The Fair Labor Standards Act allows for rounding, as long as the rounding system does not result in a failure to count as hours worked all the time employees have actually worked over a period of time. I would reach out to an employment attorney because more... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation, Civil Rights and Sexual Harassment for Pennsylvania on
Q: Verbal and sexual harassment at a union job. Terminated after filing sexual harassment complaint.

Here are a few bullet points of what occurred:

1. Verbal & Sexual Harassment

2. Unpaid hours every week due to archaic system; and I can’t prove it since I was told to report hours worked to management, who didn’t consistently report my time to payroll.

3. Vehicle... Read more »

Kyle Anderson
Kyle Anderson answered on May 12, 2021

Hello, more information is needed here in regard to the sexual harassment and unpaid hours. How many hours per week are you working? How many hours are you not being paid for? I would reach out to an employment law attorney to discuss this matter.

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1 Answer | Asked in Employment Law for Massachusetts on
Q: I own some rental properties that I manage myself. From time to time I need an extra hand to do routine chores

as lawns, hedges, painting minor repairs..... This entails 20-30 hrs per month. How do I pay this person if I direct his activities, He does not live in one of the units.

Kyle Anderson
Kyle Anderson answered on May 6, 2021

Hi, more information is needed here. Generally speaking you will need to make sure the person at least the federal and state minimum wage for all hours worked. As well as overtime for hours worked over 40 in a workweek. I would reach out to an employment law attorney in your state for a... Read more »

1 Answer | Asked in Employment Law for Colorado on
Q: Disability, had incident at work, had to leave because of manager discrimination.

I have a disability covered by the ADA, and I had an incident at work. My manager angrily told me that I had to tell her that I had this disability before she hired me, and denied that HIPPA had any relevance to the situation. I left, but not without the parting shot from her of "I never would... Read more »

Kyle Anderson
Kyle Anderson answered on May 6, 2021

Hi, more information is needed here. One issue I see is that it seems you quit. More information is needed about the environment. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law, Arbitration / Mediation Law and Employment Discrimination for Ohio on
Q: Former employer's HR retaliated against me for reporting racism in the workplace. I later quit and HR denied benefits/UI

HR (and other supervisors) refused to do anything about racism in the workplace. They lied about company policy and my ability to resolve the issues on my own. And Later when I quit due to these and other conditions, they denied paying out vacation that I was eligible for and entitled to because... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 28, 2021

Hi, more information is needed here. Complaints about racism in the workplace may be protected under Title VII. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Colorado on
Q: Questions Regarding Pregnancy Accommodations and FMLA in Colorado State?

I am wondering if it would be possible to get input from one of your attorneys in regards to an employment situation that I have recently found myself in.

I am currently 6.5 months pregnant, and have been granted an accommodation since January, during my first trimester, when I started to... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 28, 2021

Under the Americans with Disabilities Act of 1990, people with disabilities (including pregnancy and related side effects) are permitted to request reasonable accommodations to enable them to perform their jobs while honoring their restrictions. However, the accommodation must be reasonable, and... Read more »

1 Answer | Asked in Employment Law for Missouri on
Q: Is a paid Fire Chief also allowed to collect compensation for fire calls that they go to?
Kyle Anderson
Kyle Anderson answered on Apr 21, 2021

Hello, more information is needed here. Is the Fire Chief paid hourly? Does the Fire Chief work more than 40 hours per week? Employees need to be paid at least the minimum wage for all hours worked and at a rate of one and one half times their regular hourly rate for all hours worked above 40. I... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: Hello, I am being offered a job by a company based in Wisconsin - its remote opportunity while I am based in Texas.

They have an open ended non compete and non solicitation for 1 year w.r.t the parent company (not the division employing me). The offer says that its based on Laws of Wisconsin and USA.

Kyle Anderson
Kyle Anderson answered on Apr 21, 2021

Hello, I am not sure what your question is. If you are wondering who to have look over your non-compete, I would reach out to an employment law attorney in Wisconsin because that is the the state which governs the agreement.

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my husband's company require him to get the COVID vaccine? It's a private company with over 25 employees.

We are declining the vaccine based on our religious beliefs. Is this a violation of The Title VII inequality act of 1964? He was told he can work from home, but NEVER return to the office if he does not get the vaccine. Is this legal?

Kyle Anderson
Kyle Anderson answered on Apr 15, 2021

An employer can require its employees to get a vaccination with the exception of the employee having a medical condition or in some instances, a religious belief. I don't see an issue with the employer requiring him to work from home. More information may be needed however. I would reach out... Read more »

2 Answers | Asked in Employment Law for Texas on
Q: Can the salon I work for that gave me a W-9 require me to get LLC? They hired me as 1099 am I misclassified

They have a dress code I have a key but I have a set schedule that is when they are there and when a receptionist is there. I am also paid commission. I am afraid being LLC would hurt me tax wise vs just staying how I am because my write off have gone down since starting with them as I don’t have... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 15, 2021

Are you paid hourly? How many hours per week are you working? The employee vs. independent contractor analysis can vary state to state, but in general, is likely quite similar. I would reach out to an employment law attorney in your state for a consultation.

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