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Questions Answered by Rhiannon Herbert
2 Answers | Asked in Employment Law for Florida on
Q: Can my work repeatedly change my weekly schedule in florida?

I work as a fabricator in volusia county, fl and my work has changed my weekly schedule from four 10 hour days to five 8 hours days and back within a year. They are talking about returning to five 8 hour days again after only two weeks with little notice. Are they legally permitted to keep changing... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 25, 2020

The Fair Labor Standards Act is the federal law governing employee wages, but it doesn't provide much guidance or protection here. Employees are not guaranteed a certain number of hours to work, and the FLSA does not impose any restrictions on the scheduled hours adult employees are permitted to... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: can my employer force me to work 24 hrs. then use my PTO to cover the other 16 hrs. of the 40 hr.week? I am a salaried

exempt employee. i thought no matter how many hours i work i am guaranteed my salary.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 25, 2020

This depends on whether you performed work on days your employer required you to use your PTO. Under the Fair Labor Standards Act, employers may take deductions from a salary exempt employee's earnings if you are absent from work for one or more FULL days for personal reasons other than sickness or... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: If I am hired in as salary can they all the sudden decide to make me hourly instead after almost 8 months?
Rhiannon Herbert
Rhiannon Herbert answered on Mar 18, 2020

Under the Fair Labor Standards Act, any employee may be paid on an hourly basis, but NOT every employee may be paid on a salary basis. It is possible that your employer misclassified you as a salary exempt employee when you began your employment and has since realized its mistake, but this will... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: I feel discriminated against, my co-worker misses 50% of her scheduled shifts, she does not get reprimanded, I miss 1 dy

I miss 1 day and get written up and threatened to be fired. There is more to the story, but this one was brought to my attention 1 month after the fact. Can this be considered discrimination?

Rhiannon Herbert
Rhiannon Herbert answered on Mar 18, 2020

Whether you have a claim for discrimination under Title VII of the Civil Rights Act of 1964 will depend on WHY you feel you're being discriminated against. If you are being treated differently than other employees based on your race, color, national origin, sex, religion, age (if you're over 40),... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Have been asked to resign or be terminated. Was told it is performance but over exceeded 2019 goals.

I never received notices of low performance. In 2019 I exceeded my sales goals. This year the company lost a customer in my territory, but it was not my fault, as they decided to start buying directly from China. I am 49 years old, and there are other younger sales people who did not reach sales... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 11, 2020

You may have a claim for age discrimination and/or disability discrimination if your pacemaker has a lasting impact on your ability to perform major life activities. However, you'll likely need more evidence than what you've stated above to support your claims. How old are your supervisors? How old... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: I complained about gender discrimination at work & it just got worse & my boss emailed my recorded personal calls to

other employees. We were told he only recorded us to listen in sales meeting to our conversations with clients & prospects. I am in shock & humiliated & frustrated. I need to know my rights in Colorado on gender discrimination in the workplace & wire tapping laws.

Rhiannon Herbert
Rhiannon Herbert answered on Mar 11, 2020

You may have a retaliation claim based on your complaint of sex discrimination under Title VII of the Civil Rights Act of 1964. In order to establish this claim, you'll need to prove (1) you complained of sex discrimination, (2) your employer took an adverse action against you, and (3) there is a... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: Can a Kansas employer use bonuses to make up the required $684 a week required by law to salaried employee?

I am making 656 a week instead of the 684. My employer has told me that we get two bonuses a year and those bonuses are usually the equivalent of a full pay check and as long as they pay me the minimum 35,568 annually they are legally fine. Is this legal that everyone gets a bonus but only two... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 4, 2020

Under the Fair Labor Standards Act, if an employee receives non-discretionary bonuses or other incentive payments at least once per year, then the employer can count those payments towards the employee’s weekly salary to determine whether the salary basis test of at least $684 per week is met.... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: Can I sue my boss for wrongful termination?

I was recently fired from a position I was in for a mere three weeks, and demoted back to our company mailroom. After having been an assistant in another department for over a year, I recently transitioned into the same position within a new department. I was trained by the assistant prior to me... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Mar 4, 2020

New York is an at-will employment state, meaning your employer can fire you for any reason or no reason at all, as long as the reason is not discriminatory. If you believe these actions were taken against you due to your sex, race, religion, or disability, then you may have a discrimination claim... Read more »

1 Answer | Asked in Employment Law for Mississippi on
Q: My pay stubs show I was being paid $12.00 per hour. After I quit I was paid $7.25 on my final check. Is that legal?
Rhiannon Herbert
Rhiannon Herbert answered on Feb 26, 2020

The Fair Labor Standards Act only requires that you be paid at least the federal minimum wage of $7.25 per hour for all hours worked. It looks like Mississippi's state minimum wage is also $7.25 per hour. Thus, while this situation is unfair to you, there is no state or federal law that has been... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Is this racial harassment or just a dumb comment?

My wife is an accountant at a firm in Nashville. My wife is the only black person in her office. One day a coworker of hers made the comment "the KKK wasn't that bad." Completely out of the blue. It obviously upset her but she didn't make a scene. Later that night she texted one of her superiors to... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 26, 2020

If you'd like to pursue something here, your best bet would be a hostile work environment claim based on race. However, establishing such a claim requires proof that the racially discriminatory comments your wife experienced were both severe (in terms of what was said), and pervasive (meaning the... Read more »

1 Answer | Asked in Employment Law for New Hampshire on
Q: My job required me to work 50 hours. The company cut 10 hours from the position Can I claim partial unemployment?

It was over $13,000 annually. All overtime. The company said it wants to make my position go in different directions. Nothing's changed same amount of work, but 40 hours now.

Rhiannon Herbert
Rhiannon Herbert answered on Feb 20, 2020

The Fair Labor Standards Act does not require employers to offer a specified amount of hours (or overtime hours) to employees, so employers are free to reduce the hours for your position, and unfortunately, you do not have any legal recourse here.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can I collect unused vacation time if I was terminated (I live in Pennsylvania)

I recently accepted a new job, and gave my current employer a three week notice. They came to me today stating that Friday would be my last day, and they were terminating my last two weeks of employment. I have 18 days of unused PTO time. Am I able to collect that? In the employee handbook it... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 20, 2020

The Fair Labor Standards Act only requires that you be paid for hours worked, and unused PTO does not qualify as "hours worked" under the law. Thus, while you don't have any legal recourse if your employer refuses to pay out your unused PTO, you can always inquire about this with your HR department... Read more »

1 Answer | Asked in Employment Law for Georgia on
Q: Hello - I reside in the state of Georgia, and I'm looking for assistance on employment agreements vs. handbooks.

I provided my voluntary resignation on 2/6/20. I received a letter from my former employer today stating that he would not be paying me for the three days PTO I took prior to turning in my resignation - he actually edited the "Handbook" to include that he didn't have too if you didn't provide two... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 12, 2020

Since you are an at-will employee, your initial offer letter is not an employment contract in that it doesn't create enforceable legal rights to benefits like PTO. As for the handbook, employers may change their PTO policies at any time, and the Fair Labor Standards Act does not require that... Read more »

1 Answer | Asked in Employment Law for Iowa on
Q: Can my 12 year old work at a business sorting cans & bottles at a redemption center on weekends?
Rhiannon Herbert
Rhiannon Herbert answered on Feb 12, 2020

Under the Fair Labor Standards Act, the minimum age requirement for employment in any capacity is 14 years old. Thus, if your 12-year-old is looking to earn a wage performing these duties, he or she cannot do so yet.

1 Answer | Asked in Employment Law for Colorado on
Q: Hi There i was fired a week ago on saterday with out warning is this legal then was told 3 diffrent reasons i had no war
Rhiannon Herbert
Rhiannon Herbert answered on Feb 5, 2020

Colorado is an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time, for any reason or no reason at all (as long as the reason isn't discriminatory). Unfortunately, this means that your employer does not need to give you any warning... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I work part time and my boss told me I need to cut back hours. Can I legally tell him no and continue to work my hours?

I am an 18 year old high school student working part time and my boss told me I need to cut back on hours. Can I legally tell him no because I am allowed to work those hours?

Rhiannon Herbert
Rhiannon Herbert answered on Feb 5, 2020

The Fair Labor Standards Act does not impose any restrictions on the number of hours you are allowed to work as an 18-year-old high school student, so your boss is legally incorrect if he has told you your hours are limited based on your age. However, the Fair Labor Standards Act also does not... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Question regarding compensation for tipped employees

Basically, I work at a restaurant and last Thursday, the power went out. We had to close the restaurant, and it was probably around 6:30 - 7:00 PM. I'm fairly sure that employees should be sent home if they cannot work but we had to stay until 9:00 PM and then we were finally sent home. The... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 5, 2020

Under the Fair Labor Standards Act, employers must ensure that tipped employees' hourly wage, combined with tips earned, equals at least the federal minimum wage of $7.25. If you didn't receive any tips during the hours the power was out but you were still required to be at work, your employer must... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: I was fired for talking to another employee that quit about other places hiring. I was the only one fired over it.

Can they do this?

Rhiannon Herbert
Rhiannon Herbert answered on Jan 28, 2020

Unfortunately, there is no violation here. You live in an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time and for any reason or no reason at all (as long as the reason is not discriminatory). While it is unfair to you that you were... Read more »

1 Answer | Asked in Employment Law for Michigan on
Q: Do employers have to pay pto out when employee is fired? There was no handbook or contract about it
Rhiannon Herbert
Rhiannon Herbert answered on Jan 28, 2020

Unfortunately, no. Under the Fair Labor Standards Act, employers must compensate employees for all hours worked, but PTO hours don't count as "hours worked" since you did not spend this time working. The Fair Labor Standards Act also doesn't require employers to offer PTO.

1 Answer | Asked in Employment Law for Wisconsin on
Q: Hello, My wife was wrongfully terminated and we are looking to see if we have a case with her previous employer.

My wife works in the Accounting department and was two months into her position before her termination. During this time she was trained by her Supervisor while logged into the system under my wife's credentials. The company received a check for deposit and was processed and approved by my wife's... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 23, 2020

Unfortunately, there is no liability here. While your wife's termination is unfair, you live in an at-will employment state, meaning both the employee and the employer may terminate the employment relationship at any time for any reason or no reason at all (as long as the reason isn't... Read more »

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