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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Florida on
Q: Is it legal for my boss to continually make one employee take a longer unpaid lunch break than other employees?

My coworkers are noticing that my boss is treating me differently. It's really embarrassing and feels like harassment.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

As long as you don't need to perform work during your lunch break and the break lasts at least 30 minutes, then your employer isn't violating any wage laws. However, if there are other ways your boss is treating you less favorably than your coworkers based on a protected class... View More

1 Answer | Asked in Employment Law for Utah on
Q: I am a PRN receptionist who has a question

My employer refuses to give me any assignments when I can see the multiple positions online. I went on unemployment because of this and they threatened to terminate me. My unemployment just ran out. This has been going on for 6 months now. I just reached out again after seeing a few more positions... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 13, 2023

Whether you can pursue a legal claim in this situation depends on two things: (1) whether there actually is work available for you; and (2) if so, why you aren't being selected to perform it. If you suspect the company is passing you over for available jobs due to a protected class... View More

1 Answer | Asked in Employment Law for Alaska on
Q: Hi there My name is Veronica and I am a traveling nurse from florida. I took a contract with a nursing agency

I flew out from florida with the impression I was going to work in bethel Alaska. Upon arriving to anchorage I was told the hotel I was supposed to stay at closed down and that I should get a hotel in anchorage. Thus far I am out of pocket $1900.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 6, 2023

You should check your contract to see if there are any provisions that cover reimbursement for out of pocket expenses. Even if there aren't any, you should make a written request for reimbursement for the out of pocket expenses you've had to incur as a result of this error.

1 Answer | Asked in Employment Law and Business Law for Nevada on
Q: Hello I have a real estate business. I am looking to hire my first employee to answer calls and do admin work.

If I pay them either $13.25 per hour or $15 per hour. Am I required to pay them overtime of $19 per Hour and $22 per hour. Over 40 hours. My company is based in Nevada. I only have 1 employee and myself.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 6, 2023

Generally yes. Federal law requires that hourly-paid employees be paid overtime, at a rate of one-and-one-half times their regular rate of pay, for all hours worked over 40 in a workweek. If your business does less than $500,000 gross in business per year, however, you may be exempt from federal... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: I was paid wrong by employer, they paid over 3 different checks and it’s still wrong amount and taxes messed up

My pay is complicated because I worked overtime, I get shift differential added to my base pay at one rate for 2nd shift and another rate for 3rd shift, I also worked 4 extra shifts with a bonus of $200 extra per shift, paydays are semimonthly. I had 97 hours (11hours OT), with $800 bonuses owed to... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2023

You should discuss this situation with an Arkansas employment attorney in more detail. In addition to the issues you've listed above, employers also need to account for shift differentials and non-discretionary bonus payments when calculating your overtime pay rate. If your overtime pay rate... View More

1 Answer | Asked in Employment Law for Virginia on
Q: I live in Virginia, and my work doesn’t provide me with a break when I work 4,6 or 8 hour shifts. Is this legal?

I am a part time worker.

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2023

Unfortunately, there are no federal laws that require employers to offer break time based on the length of shift you work.

2 Answers | Asked in Employment Law for Illinois on
Q: If my worplace doesnt have an attendance policy or point system would it be wrongful termination if they fire me?

This is in illinois

Rhiannon Herbert
Rhiannon Herbert
answered on May 23, 2023

Employers are not required to have any policies or procedures in place for attendance, so generally, the answer to your question is no. However, if you believe your employer has a discriminatory motive for terminating your employment due to an attendance issue (i.e. termination based on race, age,... View More

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1 Answer | Asked in Employment Law on
Q: If I work from 4pm to 11:30pm clock out leave and come back to work from 12:15 to 8am. Am I entitled to overtime?
Rhiannon Herbert
Rhiannon Herbert
answered on May 16, 2023

This depends on how you are paid and how many hours you work in a week. Under federal law, overtime hours are considered any hours worked over 40 per 7-day workweek. If you are paid hourly, you should generally be entitled to overtime, but if you are paid on a salary or other basis, this gets more... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: Is there anything that can be done if hired by company with offer letter and the actual job is different and more to it?

The job was for one foundation within the company, scheduling appts, messaging physicians and or staff, refill requests etc. within 3 months of being hired was trained on new program and told we were going to all become Universal agents taking calls for multiple foundations with different work... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 16, 2023

Unfortunately, offer letters are generally not considered contracts, so there is likely not much you can do to hold the company to what they originally told you on the scope of your role.

1 Answer | Asked in Employment Law for Alabama on
Q: Is it the employers responsibility to fix the computer system or is it the employees to remember it's sunday?

The system that we have is allowing employees to ring beer on Sunday. The employer knows and has not made a change to fix it. As a direct result, an employee has sold beer on two different occasions, not remembering that it was sunday. Management has now said that it is the employees responsibility... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 9, 2023

If the employer has a rule (or is following local law) against selling beer on Sundays, then it can require its employees to not make beer sales on Sundays, regardless of whether the computer system allows the sale.

1 Answer | Asked in Employment Law for Nevada on
Q: comapany doesn't want to pay me but is asking for the work done by threatening me with taking the case to the court

I had a freelancer agreement with this company even tho I had a 9-5 schedule at their home office in California. The company is registered in Nevada.

Rhiannon Herbert
Rhiannon Herbert
answered on May 9, 2023

You should contact a California employment attorney to discuss your situation and review the contract you signed with you, as your rights and responsibilities in this situation will be dependent on the language in your contract.

1 Answer | Asked in Employment Law for Pennsylvania on
Q: If you get a warning from a company about a policy violation, can they still fire you for heeding the warning?

The firing happened three days after the warning and the company did not document the warning or the firing.

Rhiannon Herbert
Rhiannon Herbert
answered on May 2, 2023

Yes. In at-will employment states, you or the employer can terminate the employment relationship at any time and for any reason, or for no reason at all. The one exception to this rule is if you are targeted for termination based on a discriminatory reason (i.e., based on race, national origin,... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Maine on
Q: How can I have my boss remove a formal reprimand in my file, placed there while I was on medical leave of absence?

I went on medical leave due to complications related to my father's death on September 22, 2022. I had experienced a lot of stress due to his untimely death and the fact that he was scammed out of his life savings in the months prior to his death. On September 20, I had a meeting with two... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 25, 2023

Unfortunately, employers have a lot of latitude regarding employee discipline and when and how write-ups are received and stored. There are no laws that would require your employer to remove a write-up from your file, even if the write-up is factually incorrect or inaccurate.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Are there any consequences for an employer not giving a separation notice within 24hr? And lying on it?

I was told I still had my job and out of nowhere I received a (backdated by 6 days) separation email

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 25, 2023

Generally no. In at-will employment states, either you or your employer may terminate the relationship at any time and for any reason, and no written notice of termination is required. The one exception to this rule is if you signed an employment contract with your company that sets forth special... View More

1 Answer | Asked in Employment Law and Business Law for Florida on
Q: Can a Fl employer required an employee to take temporary mandatory leave without pay while they investigate a case

The employee was arrested over the weekend for domestic violence situation outside work hours . This employee works in the medical field and sees patients . How should the employer proceed

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 11, 2023

Yes, the employee can be suspended either with or without pay and/or terminated on this basis. If the employee has an employment contract, you should discuss this situation and have the employee's contract reviewed with a Florida employment attorney to ensure any requirements for suspensions... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Louisiana on
Q: Can I sue my employer if they have 14 employees but multiple locations

Employer said I cnt sue they don’t fall under 1964 C R act but they have multiple locations with employees

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 11, 2023

You should contact a Louisiana employment attorney to discuss your situation in more detail. The answer to this question may depend on whether there is any difference in ownership between your location and any other locations the company may have. Regardless, Louisiana may have state discrimination... View More

1 Answer | Asked in Employment Law on
Q: Can my employer withhold my wages because I am living in his property while working on a project he requested?

My husband and I are employed by a company that is opening a Marijuana farm and dispensary in Puerto Rico. I previously worked for him on other residential projects and he asked me to please move to San Juan temporarily to assist him on finishing some uncompleted projects he had. He stated that... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 5, 2023

You should contact a Puerto Rico employment attorney to discuss your situation in further detail. While employers can sometimes take deductions from your pay for the value of housing and other expenses they offer, you still must be paid for the work you perform.

1 Answer | Asked in Employment Law and Employment Discrimination for Arizona on
Q: Can my employer place me from a Licensed Practical Nurse to a Certified Nurses Assistant full time?

I am an LPN at a company where a CNA quit and I was told that I will now work full-time as a CNA to make up the gap. I reached out, had a meeting with my direct supervisor, and sent an email with my regional manager asking if this is a permanent roll and they will not say if it is or not as they... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 5, 2023

There is not anything inherently unlawful about your employer's actions in switching you to a different job. If, however, you believe your employer is intending to force your resignation based on a protected class characteristic (race, sex, age, disability, religion, veteran status), then you... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: Employer says advertised salary range was incorrect are they liable for posted salary range?

During salary negotiations was advised the posted salary range was incorrect (error by HR) and the actual range is lower. Are they legally bound to the advertised range?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2023

Generally no. If you are paid on a salary basis, your employer need only pay you at least $684.00 per week assuming you are properly classified as a salaried employee in order to comply with the law.

2 Answers | Asked in Employment Discrimination and Employment Law on
Q: My 28 year old daughter was receiving help in a psychiatric hospital during which she was terminated from her employment

Is this legal inTexas?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2023

More information is need to evaluate this situation. The Americans with Disabilities Act prohibits discrimination on the basis of an employee's disability, and it permits employees to request reasonable accommodations, such as brief periods of medical leave to treat their condition, in some... View More

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