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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Texas on
Q: My wages may be docked due to an overpayment a customer had, what can I do to protect myself?

(I was not the one working the register but I was involved in helping the card charge and attempting to fix a mistake a co-worker made)

Rhiannon Herbert
Rhiannon Herbert answered on Mar 3, 2021

Your employer would be permitted to reduce your wages in this situation, but it cannot reduce your pay so much that your equivalent hourly rate falls below minimum wage. For example, if you work 8 hours per day and your employer reduces your wages from $100 per day to $50 per day, your equivalent... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: I have been asked to sign a form at work regarding the fact I have declined my covid vaccine and so I won’t get sick pay

I have been asked to sign a form at work regarding the fact I have declined my covid vaccine and this therefore means I may not receive sick pay if I contract covid along with some other statements I need to agree to, and I don’t know what my rights are if I don’t sign it

Rhiannon Herbert
Rhiannon Herbert answered on Mar 3, 2021

Since there is no federal law that mandates paid sick time or any other form of paid time off, your employer may limit or condition your receipt of sick pay it does offer. Your employer's above condition on sick pay is lawful.

1 Answer | Asked in Employment Law for New Jersey on
Q: Hello, Are employers allowed to take vacation hours due to calling out for inclement weather?

I reside in Northern Jersey and I know employment laws vary by state. Additionally, the store closed down at 1 PM anyways which was my original start time. I lost vacation hours for hours I could not work due to the store being closed early and for calling out due to inclement weather (snow storm).... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 24, 2021

Since there is no law that requires employers to offer vacation time or other paid time off, employers can use employees' vacation time to provide pay during days the employee calls off or during days the building cannot open.

1 Answer | Asked in Employment Law for Colorado on
Q: I’m a live in 24 hour caregiver for an assisted living I have an overtime salary question

I live in basement of house it’s a 12 bed medicade /Medicare assisted living

Rhiannon Herbert
Rhiannon Herbert answered on Feb 24, 2021

Whether you are entitled to overtime pay for your hours worked over 40 per workweek depends on the types of duties you perform. If you provide mostly companionship services to the client (e.g. social activities, games, conversation, etc.) then you do not need to be paid for overtime. If, however,... Read more »

1 Answer | Asked in Employment Law on
Q: Can an employee give resignation with immediate effect?
Rhiannon Herbert
Rhiannon Herbert answered on Feb 17, 2021

Yes. The only exception to this general rule is if you have an employment contract with your employer that states you must give a certain amount of notice to your employer before you resign.

2 Answers | Asked in Employment Law for Pennsylvania on
Q: Was I wrongfully terminated?

I was fired a few months ago for making a post on Facebook complaining about my salary. Specifically, I included a pic from a hiring sign at my local Target and said that "after 2 college degrees and 3 years at my company" I was making the same hourly rate as a brand new employee at... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 17, 2021

Since Pennsylvania is an at-will employment state, you or your employer can terminate the employment relationship for any reason or no reason at all, as long as the reason is not discriminatory (i.e. based on your race, sex, religion, disability, or age if you're over 40). While your situation... Read more »

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1 Answer | Asked in Employment Law for Massachusetts on
Q: Should I pursue my Massachusetts employer for mileage reimbursement since I use my personal vehicle every day for work?

After hire, I was told that apparently I will need a vehicle to get the job that I was hired for done. I ended up buying a car just for this job to be used at work only. Apart from commute to and from work, I spend the whole work day needing my car to oversee areas of the property. I didn't... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 10, 2021

Generally, employees do not need to be reimbursed or paid during travel time to and from work. However, miles driven during work (after you clock in and before you clock out) need to be reimbursed if your vehicle expenses would bring your hourly rate below the state and federal minimum wage. For... Read more »

1 Answer | Asked in Employment Law for Pennsylvania on
Q: Can a company eliminate positions due to Covid-19 & then hire new candidates to fill vacancies?

My position was eliminated due to covid-19. The same company has a new position posted on their careers page that is comparable to one I previously held. Are they required to offer this position to me or anyone else recently laid off?

Rhiannon Herbert
Rhiannon Herbert answered on Feb 10, 2021

No. However, you should contact a Pennsylvania attorney if you believe your position was eliminated and you were chosen for layoff due to a discriminatory reason (because of your race, sex, religion, disability, or age).

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: I have been cut down to 9 hours a week. I have only been working for 5 months so is there any hope for unemployment?

I simply cannot afford to continue working for 9 hours a week. Its 90 miles round trip 3 hours every other day. I am spending more money than im making. I have been submitting applications elsewhere for a couple weeks, with no luck. Do i have any option with unemployment until i can get a job with... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 3, 2021

You may be able to apply for partial unemployment. If you were hired on full time but your hours have since been drastically reduced, some states offer partial unemployment payments to assist with making up the difference in the hours you've lost.

1 Answer | Asked in Employment Law for Kentucky on
Q: Im a 1099 Independent contractor who fits all catagories of a Employee. How do i get what ive been cheated out of?

Ive worked for a guy for 4 years as a 1099 on average 80 hours a week for straight pay, no unemployment for winter layoff or or anyother benfits besides loans i paid back with intrest. I was unaware there was a differece and we had agreed that i could buy his buisness in 3 years he didnt honor... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 3, 2021

Courts consider numerous factors when determining whether a worker is properly classified as an employee or as an independent contractor. Employers sometimes misclassify their employees as independent contractors to avoid the minimum wage and overtime laws that apply to employees (and as you... Read more »

1 Answer | Asked in Employment Law for Indiana on
Q: My job is being terminated on feb 16th. They are offering me a job over 4 dollars less an hour. What should I do.

This morning was called and told they were getting rid of our drivers at my store in Indiana. They told me I have to accept a new role making less money or I will have to quit.

Rhiannon Herbert
Rhiannon Herbert answered on Jan 27, 2021

Unfortunately, your only options here are to either take the new job and pay cut or resign and look for other employment. At-will employees can be terminated from their position at any time and for any reason (as long as the reason isn't discriminatory), including a reduction-in-force as... Read more »

1 Answer | Asked in Employment Law for South Carolina on
Q: Is it legal for my employer (manufacturing) to make me work 8 hours a day, 7 days a week?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 27, 2021

Yes. Federal law does not impose any hour caps on how much you can work in a workweek. However, if you are paid by the hour, you must be paid overtime, at a rate of one-and-one-half times your regular rate of pay, for all your hours worked in excess of 40 in a 7-day workweek.

1 Answer | Asked in Employment Law and Constitutional Law for Ohio on
Q: Can a private company mandate the new covid vaccine without full FDA approval?

company is threatening to fire employees if they do not get the new covid vaccinations

Rhiannon Herbert
Rhiannon Herbert answered on Jan 20, 2021

Generally, the answer to this question is yes. Employers can require their employees to received COVID-19 vaccinations. However, if you have a medical condition that renders you unable to receive the vaccine, or you have a religious objection to receiving the vaccine, you may be entitled to an... Read more »

1 Answer | Asked in Employment Law for New Jersey on
Q: Can employer claw back sign-on bonus?

Good afternoon. When I joined my employer, NJ based ADP Inc., I was given a sign-on bonus with the condition that I would have to pay it back if I left the company voluntarily within a year.

I just resigned and my last day with ADP will be 25 days short of completing one year with them.... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 20, 2021

If you signed an employment contract with your company that stated you would forfeit your sign-on bonus if you resigned within a year, then your employer may choose to pursue you for the sign-on bonus you'd forfeit under the agreement based on a breach of contract theory. However, since you... Read more »

1 Answer | Asked in Employment Law for Arkansas on
Q: Can an employer change how you get paid without consulting you 1st? what can I do if they don't pay holiday or overtime?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 13, 2021

Generally speaking, your employer is not required to consult you or give you advance notice before changing your pay structure. However, if you are paid by the hour, you must receive overtime pay for hours worked over 40 in a seven-day workweek.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can a public or private employer require employees to get the COVID-19 vaccine?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 13, 2021

Generally, the answer to this question is yes. However, if you have a medical condition that prohibits you from receiving the vaccine or if you have a religious objection to receiving the vaccine, you may be entitled to request an accommodation in the form of exemption from mandatory vaccination... Read more »

1 Answer | Asked in Employment Law for Maryland on
Q: Is a company policy to not give holiday pay until after 90 days for salaried exempt employees legal?

It says in the job offer that all employees are eligible for holiday pay after 90 days. But as salaried exempt shouldn't those employees get the same salary every week?

Rhiannon Herbert
Rhiannon Herbert answered on Jan 6, 2021

Employers are not required to offer paid time off for any time you are not performing work (in this case, pay on holidays you don't work). This is true regardless of whether you are paid hourly or receive a salary, so there is nothing inherently unlawful about this policy.

1 Answer | Asked in Employment Law for Alabama on
Q: Can my employer really punish me for calling in during a notice in this type of instance?

I have worked for a hospital for 4 years. All that is legally required from my employer for a notice of leave is a 2 week notice. However, because my job might be hard to replace due to the pandemic, I decided to be nice and give them a 2 month notice. A week after turning in this said notice, I... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 6, 2021

Assuming you don't have an employment contract that states otherwise, there is no federal law that requires you to provide any notice at all to your employer before resigning. However, if you do have an employment contract that requires you give notice of your resignation, the length of time... Read more »

1 Answer | Asked in Employment Law for Kentucky on
Q: How long can I be required to stay on shift if my relief doesn't show for their shift? I work at a hotel in Kentucky.

I recently stayed due to weather because the only person coming in had only worked one day. I tried to get a little sleep during his shift because I'd already worked 8hrs and had to be back on duty 8 hrs after his shift but now they won't pay me for the hours I stayed.

Rhiannon Herbert
Rhiannon Herbert answered on Dec 30, 2020

Federal law does not set maximum hour caps on how much employees can work, so even if your employer requires you to work 24 or more hours at a time, this is not an unlawful act. However, you must be paid for all the time you spend performing work. In your situation, you must be paid for all the... Read more »

1 Answer | Asked in Employment Law on
Q: Can an employer fire you for not wearing a mask? (Covid) Even if you have a letter from your doctor?

My wife has asthma and is having difficulties with the masks. Her boss told her he didn't care if she had a note from the doctor, if he caught her without her mask she would be fired. Is this legal?

Rhiannon Herbert
Rhiannon Herbert answered on Dec 30, 2020

If your wife's employer has 15 or more employees, then her asthma may qualify as a disability under the Americans with Disabilities Act. Under the ADA, employees with disabilities are entitled to request reasonable accommodations for their disabilities to enable them to continue performing... Read more »

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