Almost all positions are considered at-will. Regardless of whether your offer letter specifically states your position will be considered at-will, at-will employment status can be thought of as the "default" employment status that will apply even if the offer letter is silent on this.
Under the Fair Labor Standards Act, it is unlawful for your employer to deduct unpaid bills from your pay (or otherwise reduce your pay) if this would result in your hourly wage falling below minimum wage. If your server hourly rate + tips does not equal at least your state's minimum wage per...Read more »
That they can only allow him to be off work for a certain amount of time due to this disability despite what the doctor wrote and how long the doctor needs him out of work for, is this considered a violation of the ADA?
The ADA entitles disabled employees to request reasonable accommodations for their disabilities, including leaves of absences to treat the symptoms of their disability. However, an accommodation request must be reasonable, and employers need not accept an accommodation request if they can prove it...Read more »
Federal law does not require employers to offer any break periods to employees, so whether you are offered or take breaks does not give rise to any legal claim in and of itself. However, if you are told you must take breaks, then you can disciplined if you do not do so. In addition, while employers...Read more »
My spouse was an independent contractor for a RV transportation company. The opportunity came for my spouse to get involved in hotshot transportation. He brought the idea to the owner/manager of the company. The owner/manager agreed it was a good idea and approved my husband doing the work under... Read more »
Unfortunately, there is nothing inherently unlawful about your spouse's termination, since employees can be terminated for any reason or for no reason at all in at-will states. However, the one exception to this rule is if your spouse believes they were targeted for termination due to a...Read more »
Generally, the answer to this question is yes. However, there are two exceptions to this general rule. If you have a religious objection to receiving the vaccine, or if you suffer from a disability that renders you unable to receive the vaccine, you can request an exemption from this requirement as...Read more »
A friend of mine who is a hair stylist was recently fired from her job without being told why, she got COVID a few months back and when she returned everyone was mad at her and wanted her fired, she attempted per her boss to fix the issue and noone would talk to her, now she was given a notice is... Read more »
Unfortunately, employers are not required to provide a reason for termination in at-will employment states. However, if your friend suspects she was fired because she had COVID or for a discriminatory reason (i.e. based on race, sex, age, disability, or religion), then she should consult a Nevada...Read more »
In order to constitute retaliation, a complaint of discrimination must result in what's called an "adverse employment action." This is a legally defined term and includes such actions as termination, demotion, a cut in pay, or a transfer to a less favorable job. However, disciplinary...Read more »
If your employer is claiming you resigned to contest your unemployment claim, you should make sure your unemployment office gets a copy of your layoff letter and explain that you did not voluntarily resign. Whether you are entitled to your unused PTO upon termination is generally governed by...Read more »
Federal law does not require employers to offer benefits (such as insurance, retirement plan, PTO, etc.). However, federal law does require you to be paid at least minimum wage for all hours worked, and overtime for all hours worked over 40 in a week (if you're paid by the hour). If...Read more »
My daughter was told that the reason she makes less than a new hire (having worked at her job for 3 years) is because she was hired as a HS junior and the new hire was a college freshman, and college students automatically start at a higher wage. She was then reprimanded for discussing salary with... Read more »
While this situation seems unfair, as long as your daughter is being paid at least minimum wage for all hours worked, then this policy is not unlawful. Employers have a wide degree of discretion regarding employees' pay, and while federal age discrimination laws exist, these laws only protect...Read more »
No. Under the Fair Labor Standards Act, employers are only required to pay their employees for the hours they work, and there is no obligation to offer paid time off for any reason. However, your employer may not discriminate or retaliate against you for taking time off work to serve on a jury.
I am currently 6.5 months pregnant, and have been granted an accommodation by my workplace to complete my work remotely for the duration of my pregnancy. In January, during my first trimester, I started to experience severe motion sickness that limited my ability to complete my 45 minute drive to... Read more »
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 »
I have worked here for 5 years in QA department, have had many meetings with PM, HR and my manager about pay. They state merits are the same across the board, take it or leave it. On production floor they are hourly, have a top out rate on pay after 2 years(literally ppl after 2 years make more... Read more »
While your situation seems unfair, the only federal laws governing the payment of wages are minimum wage and overtime laws (if you're paid by the hour and work over 40 hours per week). So, as long as your pay is at or above minimum wage, your employer's pay system is not unlawful.
I was hired as a seasonal employee for an amusement park last June. The park closed for the season in October but I have continued to work 40+ hours a week through the winter and am now working 50 hours a week and they say because I’m seasonal I am not entitled to time and a half for my hours... Read more »
Whether you're entitled to overtime will depend on whether the amusement park is open year-round, and/or when the amusement park makes most of its money. Employees do not need to be paid overtime if their employer is an amusement or recreational establishment, and if the employer can...Read more »
So my question is is that even legal? I missed out on extra holiday pay , after a year in my company you get 1 week paid vacation which I couldn’t get. I worked months straight with 40 hours a week and no one thought it was a problem that I was part time in the system. I just now started working... Read more »
While your situation sounds unfair, there is no federal law that requires employers to offer their employees any benefits like paid time off. As long as you actually received pay for every hour you worked throughout your employment (and overtime for any hours worked over 40 in a week), then your...Read more »
Generally, the answer to this question is yes. However, there are two main exceptions: (1) if you have a disability that renders you unable to receive the vaccine; or (2) if you have a religious objection to the vaccine. If you fall under one or both of these, then you are permitted to request an...Read more »
Your situation sounds frustrating, but there is no federal law that requires employers to offer paid time off of any kind. As long as you are paid for all the hours you are working, employers need not offer or provide paid time off.
I am working for the company that has maternity leave benefit. But when I requested maternity leave, they denied it and told me that I am actually working for different entity, and that entity doesn't have this benefit. I checked my W2 form and in there name of the company that has maternity... Read more »
You can try pointing out the discrepancy in company names to HR; it's possible they just made a mistake when denying your application. If they still deny your claim, you can apply for FMLA leave to use for the birth of your child and recovery period if you have worked for your company at least...Read more »
The owner gave me a conditional offer which I accepted, where the salary would increase after training period, the conditional terms were met during my performance review (which was excellent). At that time the owner stated they would not be honoring the initial agreement and another agreement was... Read more »
This situation sounds unfair, but the only way your termination could be unlawful is if you were targeted for termination based on your race (or other protected trait like sex, disability, age, or religion). Offer letters are not contracts, and an employer's failure to give you a promised pay...Read more »
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