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

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

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

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

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

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

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

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

The answer to this question will depend on why you are being singled out. While Virginia is an at-will employment state, meaning the employer or employee can terminate the employment relationship at any time, employees cannot be harassed or discriminated against due to a protected class... View More

If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee... View More

While there is no general claim for harassment in the workplace, you cannot be harassed or treated differently than other employees based on a protected class characteristic (i.e. race, sex, age, disability, religion). If you believe your manager's conduct is connected to any of these... View More

There are no federal laws that require employers to offer any paid time off benefits. Under the Fair Labor Standards Act, employers are only required to pay their employees for the time they actually work. As a result, employers have a lot of discretion regarding paid time off policies if they... View More

If you haven't already, you should make a written report to your company's HR department regarding the differences in treatment you have observed that may be based on race (based on your message above). While treating some employees more favorably than others is inherently unfair, this... View More

As long as you are paid for all of the hours you work, including at an overtime rate for all hours over 40 in a workweek if you are paid by the hour, then your employer can change or extend your schedule with or without notice to or approval by you.

If you have questions or concerns about signing the agreement you've been given, then you should contact a Georgia employment attorney to review your contract and discuss the circumstances of your separation. It's important to understand your rights and responsibilities prior to deciding... View More

Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.

There are no laws that require that earned but unused PTO be paid out to the employee upon separation. However, there are other ways that you can potentially recover this earned-but-unused PTO, such as if your employee handbook states you will receive it upon separation. If you don't have an... View More

The answer to this question will depend in part on how you're paid. If you are paid by the hour, then you generally must be paid for all time worked, including at an overtime rate of 1.5x your normal rate for hours over 40 in a workweek. However, if you are paid on a salary basis, then your... View More

You should contact a Kentucky employment attorney to discuss your situation in further detail, because whether off-the-clock work is compensable is a very fact-specific analysis. In addition, federal law generally requires breaks of 20 minutes or less to be paid. If you are required to clock in and... View More

Yes. While mistakes in pay could lead to wage violations if they are not timely corrected, you still have an obligation to work your normal schedule if you're still employed with the company, and the company can discipline or terminate you for failing to do so.