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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Idaho on
Q: Can a company have different starting salaries based on age

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 4, 2021

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... View More

1 Answer | Asked in Employment Law for Louisiana on
Q: Are employers required to pay their hourly employees for days missed due to jury duty?
Rhiannon Herbert
Rhiannon Herbert
answered on Apr 28, 2021

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.

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Colorado on
Q: Am I experiencing pregnancy discrimination when being forced to take a 60k pay cut or immediately take FMLA?

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 28, 2021

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... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for Illinois on
Q: Does salary non exempt allow employers to pay unfair/uneven wages for same job title and description

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 21, 2021

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.

1 Answer | Asked in Employment Law for Indiana on
Q: If a seasonal employee is kept on working after the business season ends are they entitled to overtime

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 21, 2021

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... View More

1 Answer | Asked in Employment Law for Pennsylvania on
Q: 40 hours each week at my job and then they told me I was only part time after almost a year. I received no benefits.

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 14, 2021

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... View More

1 Answer | Asked in Employment Law for Maryland on
Q: can my employer force us and make it mandatory to get the covid vaccine or be fired

my job made it mandtatory to get the vaccine or lose your job...is that legal? can they do that?

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 14, 2021

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... View More

1 Answer | Asked in Employment Law on
Q: I was granted a paid leave from my supervisor employer misplaced the paperwork now they don't want to pay the leave

They misplaced my form now they say it's too late while it's their fault

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 6, 2021

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.

1 Answer | Asked in Employment Discrimination and Employment Law for Florida on
Q: Maternity leave benefit question.

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 6, 2021

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... View More

1 Answer | Asked in Employment Law for Virginia on
Q: Is there anything I can do legally giving the situation below? Thank you in advance!

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... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 30, 2021

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... View More

1 Answer | Asked in Employment Law for Oregon on
Q: Termination for not getting covid vaccine

Is a religious accommodation request my only option in the state of Oregon to prevent me from getting terminated for not getting a vaccine? Its my understanding that because there is only an EUA and no FDA approval,covid vaccine can't be mandated.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 30, 2021

Generally, employers are permitted to require their employees to get the COVID-19 vaccine. However, there are two exceptions to this rule - the religious accommodation you've mentioned, and an exception for individuals with disabilities who are unable to receive the vaccine because of their... View More

1 Answer | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: Can my Retail employer make me work two job roles while paying me hourly to cover an hourly and a salaried position?

I have been working for the same retailer trying to work my way up to General manager in my company. I work as the Sales/Assistant manager in a chain retail store. My current general manager is transferring out to another location. Unless something changes, I am expected to work the job roles of... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 23, 2021

The company's obligations to you regarding your wages will depend on how they are paying you during this time. Generally, the Fair Labor Standards Act does not impose any maximum hour restrictions. However, you must be paid for all hours worked. If you are paid by the hour, you must receive... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: Am I suppose to get paid for time of if exposed to covid 19 ?

if another employee tested positive for covid and the doctor advised to stay home for 10 days after exposure.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 23, 2021

The Fair Labor Standards Act is the federal law that governs the payment of wages, and it only requires that you be paid for time you are actually performing work. So, while employers have the option to pay employees for time off for illness or injury, it is not required under the FLSA.

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: My employer didn’t let my return back to work after maternity leave unless I agree to their terms .

I left for maternity leave on 12/16/2020 my return date was supposed to be March 9,2021 my employer didn’t let me return to work unless I agree to their terms. I lost a week of pay because they postpone my return date. My hours also change . Can I sue ?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 17, 2021

The answer to this question will depend on how you took maternity leave. If you took leave under the Family and Medical Leave Act (FMLA), then upon returning to work, you are required to be returned to your same or a substantially similar position.

1 Answer | Asked in Employment Law for Texas on
Q: I am being overloaded with work and I don't have time to take my lunch break just to finish assignments. Is this legal?

I am paid hourly and required to complete a certain number of assignments each day. I don't take a lunch just to finish the assignments and the company does not allow overtime.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 17, 2021

Your employer is not required to allow or offer break time, so having to work through lunch is not, in and of itself, unlawful. However, since you are paid hourly, you must be paid overtime at a rate of one-and-one-half times your regular rate of pay for all hours worked over 40 in a workweek. If... View More

1 Answer | Asked in Employment Law for Florida on
Q: I make $10/hour. I get paid for 40 hours a week no matter what, even if I work overtime. Is this legal?
Rhiannon Herbert
Rhiannon Herbert
answered on Mar 10, 2021

This will depend on what your job is. The Fair Labor Standards Act is the federal law governing payment of wages, and it generally requires employees to be paid overtime for all hours worked over 40 in a workweek. However, there are exceptions for employees paid on a salary basis (i.e. you receive... View More

1 Answer | Asked in Employment Law for Massachusetts on
Q: After furlough, I am being offered a lower salary or quit and lose 2020 bonus due to voluntary leave, is this legal?

My employer furlough me, and now they are offering either to go back with salary reduction, or quit! in case I quit I would not take the previous year annual bonus which is due by the end of March. Is this legal?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 10, 2021

While your situation seems unfair, there is nothing inherently unlawful about reducing your pay (as long as you still make at least minimum wage for all hours worked).

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... View 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).... View 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.

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