Get free answers to your legal questions from lawyers in your area.
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
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
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.
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
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
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
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.
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
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
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
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
my job made it mandtatory to get the vaccine or lose your job...is that legal? can they do that?
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
They misplaced my form now they say it's too late while it's their fault
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.
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
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
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
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
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.
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
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
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
if another employee tested positive for covid and the doctor advised to stay home for 10 days after exposure.
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.
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 ?
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.
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.
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
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
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?
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).
(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)
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
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
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.
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
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.