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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Florida on
Q: Is it legal for an employer to pay a lesser wage for PTO/holiday pay than the established hourly rate of pay?

our employer raised our hourly rate to $12/hr but left our PTO/holiday pay at 9.50/hr

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 13, 2021

Your employer is not required by law to offer any pay for vacation time, holiday time, or any other time during which you are not performing work. Thus, if your employer does offer paid time off, it can use the policy it establishes to do so, and the above pay policy you've described is permissible.

1 Answer | Asked in Employment Law for Illinois on
Q: started working for an employer May 3rd and quit May 18 I never received a single penny and keep getting the runaround

What can I do about this it’s now over a month and well over $1200 the company owner keeps saying he’ll pay me but never does and takes a while to reply

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 7, 2021

If your employer continues to refuse to pay you, then your best bet is to file an action in small claims court in the city you performed the work in to recover the pay you're owed.

1 Answer | Asked in Employment Law for Texas on
Q: I signed a binding arbitration agreement as a condition of employment. Can I revoke it now for any future controversy?

I understand I am bound by the agreement for any dispute or controversy arising between the time I signed it and the time I revoke it. I'm an at-will employee, so I also understand that my employer may take action up to and including termination if I successfully revoke it. However, I... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 7, 2021

A party to a contract generally cannot unilaterally revoke the contract. You can ask your employer to release you from the arbitration clause of the current agreement (and you will likely need to obtain a separate document, signed by both parties, agreeing to this) but your employer need not agree... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: Terminated while hospitalized.

My brother is a 72 y/o male, he had a collapsed lung the last part of April this year and was of work for a week, Ihe had another collapsed lung June 11th and was in ICU for about 6 days then in a regular room 7 days and now in rehab to learn to walk again, His employer called me (I was staying... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 29, 2021

More information is needed, as this will depend on what your brother's job is and what his essential job functions are, as well as how long he is expected to remain off work while undergoing rehab. Under the Americans with Disabilities Act, disabled employees are permitted to request... View More

1 Answer | Asked in Employment Law for Colorado on
Q: I signed a job description 1 year ago for my current salary and duties were added on,

My company now wants me to sign the same job description (without the additional tasks I acquired) and take a 13k decrease. Can they do this?

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 29, 2021

Federal law only requires that salaried employees be paid at least $684 per week. Assuming your pay cut does not drop you below this minimum amount, then unfortunately, the law does not provide much protection in this situation.

1 Answer | Asked in Employment Law for Florida on
Q: I got fired without hearing my calls they stated it was background noise on and i never received a separation letter

I worked in a call center and got fired on the 18th from background noise , i asked can i hear the call and they stated it would be emailed to me but never was and i never received a separation letter from the job as well

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 29, 2021

Florida is an at-will employment state, meaning the employee or the employer can terminate the employment relationship at any time and for any reason. Thus, your employer is not required to give you a reason for your termination or notification of your termination via a separation letter. However,... View More

1 Answer | Asked in Employment Law for Maryland on
Q: My Co revised the vacation policy and issued a new handbook. My Offer letter gave me more vacation. Will I lose vaca?
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 23, 2021

There is no law that requires employers to offer benefits like paid time off to their employees. If employers do offer paid time off, they have the power to decide how (and how much) vacation time their employees receive. Employers can also change their paid time off policy if they choose, so... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Do I qualify to be an exempt salary employee?

I am currently working as a receptionist and I gross $24,000 annually. My boss told me I was salary exempt but I don't believe my compensation or job description qualify me for this. I'm working 60+ hour weeks and would like to know if I'm being taken advantage of. I am also having... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 23, 2021

In order to be properly classified as an exempt employee, your employer must prove that you meet both a "salary basis" test and a "duties" test. As part of the salary basis test, employees must be paid at least $684.00 per week in order to be paid on a salary basis. Based on... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: If someone signs an employment contract. Do they have the right to decide to cancel it with a certain time frame?
Rhiannon Herbert
Rhiannon Herbert
answered on Jun 16, 2021

The answer to this question will depend on the language that is in the contract, but generally, once a contract is signed (and assuming you weren't coerced or forced into signing), it becomes binding.

2 Answers | Asked in Employment Law on
Q: my employer only gives me a total of 10 hours of shifts in during 30 days

hello there, my employer is refusing to give more hours, telling me that the business is going slow and should give hours to other old emplyees, knowing that i was hired as a part time emplee

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 16, 2021

The situation you have described is not, of itself, unlawful. However, if you believe you are being passed up for hours for a discriminatory reason (i.e. based on race, sex, disability, religion, age) then your employer's actions could serve as evidence of discrimination in violation of Title... View More

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1 Answer | Asked in Employment Law for Washington on
Q: Is an "at-will" employee stipulation in a job offer letter bad?

Usually a decent job with benefits will offer you a different kind of contract right?

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 1, 2021

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.

1 Answer | Asked in Employment Law for Arizona on
Q: In Arizona, is it legal to make a server pay for unpaid bills from walk-outs?

In situations where it's not due to gross negligence nor is it intentional can servers be forced to pay? Assuming there is no written consent, when can servers be held financially responsible?

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 1, 2021

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... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: My husband is currently on a medical leave of absence for a mental health problem and the company is saying

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?

Rhiannon Herbert
Rhiannon Herbert
answered on May 26, 2021

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... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: can an employee legally waive their break if working six hours or more?

would my employer get in trouble if i waived my breaks? i work 8 hours a day in MA and prefer to not take breaks

Rhiannon Herbert
Rhiannon Herbert
answered on May 26, 2021

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... View More

1 Answer | Asked in Employment Law for Indiana on
Q: I understand IN is an at-will employment state. Can an employer legally fire you to cover up a mistake made on their end

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 18, 2021

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... View More

2 Answers | Asked in Employment Discrimination and Employment Law for Texas on
Q: Can an employer make you get a covid vaccine for employment consideration? Sounds discriminatory to me.
Rhiannon Herbert
Rhiannon Herbert
answered on May 18, 2021

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... View More

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1 Answer | Asked in Employment Law for Nevada on
Q: Hair stylist friend fired without being told why she is being fired.

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2021

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... View More

1 Answer | Asked in Civil Rights and Employment Law for Florida on
Q: I lodged a discrimination complaint about my manager and had received 2 discipline statements since. Retaliation? Or not
Rhiannon Herbert
Rhiannon Herbert
answered on May 11, 2021

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... View More

1 Answer | Asked in Employment Discrimination and Employment Law for West Virginia on
Q: I have a layoff letter but my employer told unemployment I resigned

I am receiving unemployment for one year. Now my employer reported that I resigned. I received a layoff letter from them . They didn't pay my pto too.

Rhiannon Herbert
Rhiannon Herbert
answered on May 4, 2021

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... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I have been hired as part-time but been asked to work 40 hours/week for 2 years without any benefits. Is that legal?
Rhiannon Herbert
Rhiannon Herbert
answered on May 4, 2021

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... View More

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