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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Alabama on
Q: Can a skilled nursing facility tell you that you have to start working 12hr shifts on all scheduled days?

I work at a skilled nursing facility in Alabama. And the DON of the facility sent out a text to all the CNA’s saying we have to start workin 12hr shifts on all our scheduled days, unless notified otherwise. Is that legal? This was sent to full time and part time employees.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 29, 2020

Your employer may increase your hours as described, but you should also make sure you're being properly paid for each hour worked. If you work more than 40 hours in a single, 7-day workweek, you should be paid overtime at a rate of one-and-one-half times your regular hourly rate for each hour... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Texas on
Q: I was let go from my job this morning for having personal issues. Can that be a main reason?
Rhiannon Herbert
Rhiannon Herbert
answered on Jul 29, 2020

Texas is an at-will employment state, meaning either you or your employer can terminate the employment relationship at any time for any reason or no reason at all, as long as the reason is not discriminatory (i.e. is not based on your race, sex, age, disability, religion, or sexual orientation).

1 Answer | Asked in Employment Law and Workers' Compensation on
Q: I don’t have anyone telling me when to take breaks. No one is tracking my times and I don’t take the breaks I’m suppose

To take. Can I sue my employer? I’m working during Covid taking temps.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 21, 2020

Your employer is not required to offer any designated break period during your shift. However, if you do have an unpaid break built into your schedule and you are unable to take these breaks because you're working through them, you should be paid for this time. Your employer is also... View More

1 Answer | Asked in Employment Law for Florida on
Q: I work for A daycare and I’m paid hourly, can my employer make me work after my set hourly schedule with/without paying?

We were told that we have to attend after work function if our employee say’s we have too! Example: children graduation. We were not paid for the function that was held on a Saturday. How does work with the labor laws. Can an employer make you work outside your schedule 8:30 to 5:30 and if you... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 21, 2020

Your employer can ask you to work outside your normal schedule, but you must be paid for this time. The general rule under the Fair Labor Standards Act is that you must be paid for all hours worked. If your employer requires you to work more than 40 hours per week, then you must be paid overtime at... View More

1 Answer | Asked in Employment Law for Colorado on
Q: If you work 45 one week and 37 the next week is it legal to be paid 80 hours regular pay and 2 hours of overtime?
Rhiannon Herbert
Rhiannon Herbert
answered on Jul 15, 2020

Under the Fair Labor Standards Act, hourly-paid employees must 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. A "workweek" is a 7-day period (it can begin/end on any day of the week but spans 7 days regardless).... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can my employer down staff me for turning in my 2 week notice then have someone else work my hours?

I'm a STNA in Ohio and was recently removed from the schedule due to "down staffing" but then I found out that someone else is covering my hours. This was done out of spite and leaves me with no pay check. What are my options?

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 15, 2020

While employers may require their employees to give notice before they resign, they do not need to allow you to work through your termination notice period. So, in your situation, your employer need not let you work the full two weeks leading up to your resignation. This is because Ohio is an... View More

1 Answer | Asked in Employment Law for Texas on
Q: Will Vacation Payout and Severance affect my Texas unemployment weekly benefit?

I have been on furlough since April and collecting Texas unemployment weekly payment. I was recently layoff in June and was provided a one time lump sum severance package with my yearly accrual vacation time by my employer which was paid out separately. Will this payouts affect my unemployment... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 15, 2020

The general rule is that you cannot collect unemployment at the same time that you are collecting severance benefits. However, if your severance payment was only a one-time payout, you should only be ineligible for unemployment during the week you received your severance payout. The same will... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: put on leave of absence without pay during pandemic,collecting unemployment.Now offerred 2xlessto go back to work.Legal?
Rhiannon Herbert
Rhiannon Herbert
answered on Jul 7, 2020

The Fair Labor Standards Act (the federal laws governing this situation) don't provide a lot of protection against this sort of issue. Under the FLSA, you need only be paid at least minimum wage for all hours of work you perform. So, while your situation sounds unfair, as long as you are still... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is it legal for an employer to not pay workers that are working from home due to COVID who’s system is not working?

Everyone at my job was sent to work from home. However their temporary work from home equipment has been causing issues to where some workers cannot clock in. They are not paying workers even though it is a company issue.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 7, 2020

Under the Fair Labor Standards Act, the general rule is that you must be paid for all hours you spend performing work for the company, but you need not be paid for time that you're not performing work. So, the answer to your question will depend on whether you still performed work on days you... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: does a company need to provide holiday pay to all if they provide to some?

I'm a full time employee. The company does provide holiday pay. our schedules change from week to week. if I wasn't scheduled to work on a holiday but others were, are they required to pay ALL employees the holiday pay or only the ones scheduled on that day?

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 1, 2020

Generally, employers are not required to offer pay on days that you do not perform work. However, you should consult your employee manual or handbook and review your employer's policy regarding holiday pay or other paid time off (if it has one). Employers may set up their PTO policies in... View More

1 Answer | Asked in Employment Law for Colorado on
Q: I have been out of work because I lost my voice due to a mass on my throat

Offline having doctors send in documentation required by employer. I went through surgery on June 2nd got my voice back about a week later but days before I was sent a termination letter for attendance. Is it legal.

Rhiannon Herbert
Rhiannon Herbert
answered on Jul 1, 2020

The answer to this question will depend on what your company's attendance policy is and what kind of documentation your doctors sent over. It will also depend on what your job duties were and for how long you needed to be out of work. You may potentially have a claim for disability... View More

1 Answer | Asked in Employment Law for South Carolina on
Q: I had a conversation with my company's lawyer about a sexual harassment claim I made. He told me, "maybe it was just a

misunderstanding" And I haven't even given my statement. How do I file a grievance?

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 23, 2020

If you have already reported the incidents of sexual harassment to your company's HR Department, the next step would be filing a Charge of Discrimination with the Equal Employment Opportunity Commission ("EEOC"). However, make sure you've already reported the incident(s) to HR... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Can my employer refuse a doctors note?

I was given a doctors note stating I can not wear a face mask, but my work said that since the doctor's note doesn't state why I can't wear one it's not a approved reason.

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 23, 2020

Under the Americans with Disabilities Act, your employer is obligated to engage in an interactive process with you to come up with a reasonable accommodation for a disability. If your employer has additional questions about what your disability is and how it restricts your ability to wear a mask to... View More

1 Answer | Asked in Employment Law for Kansas on
Q: Is suspicion of drug use enough to legally be terminated?

I was not offered a drug test or any chance to defend myself, I was simply walked out of the building and that’s the last I had heard of it. This is all based solely on hearsay, no evidence or investigation at all. Just wondering if there’s any legal action I can take. Thanks!

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 17, 2020

Generally, in at-will employment states, employers may fire their employees for any reason or for no reason at all and need not provide you any opportunity to tell your side of the story. However, you may have a claim under the Americans with Disabilities Act ("ADA") here. But whether you... View More

1 Answer | Asked in Employment Law for Illinois on
Q: How can I stop my employer from tip pooling?

We were all brought back to the restaurant for outside sitting. They have recieved the PPP and are paying everyone $10 plus tips are being pooled now. Prior to covid, the busses and runners were tipped a percentage. Now they are getting equal shares based on hours. Basically, the kids got a pay... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 17, 2020

Under the Fair Labor Standards Act, tip pools are permissible as long as tips are only being pooled between people who would ordinarily receive tips or contribute to the customer's tip. This includes servers and bartenders as well as bussers and runners. As long as you do NOT have to pool tips... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can my employer fire me for having to miss 4 weeks per Dr's orders? I had 2 strokes (I'm age 27). 8 months employed

Hello there, I am very curious about this. I have been with this company for over 8 months and I recently had 2 strokes. Spent 5 days in the ER and doctors administered every test under the sun to find the cause: 2 Brain MRIs, Chest X Ray, Spinal Tap, Testicular Sonogram, Throat Sonogram, Heart... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 9, 2020

You may have a claim for disability discrimination and/or failure to accommodate under the Americans with Disabilities Act. Employers who employ 15 or more people are subject to the ADA. The ADA generally requires employers to offer reasonable accommodations to their employees (in your case, an... View More

1 Answer | Asked in Contracts, Employment Law, Constitutional Law and Employment Discrimination for Texas on
Q: Discrimination during COVID 19 and sexual harassment

I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 9, 2020

It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job... View More

1 Answer | Asked in Employment Law and Workers' Compensation on
Q: My employer is not providing what he promised, What should I do?

On dated 02 April, My employer fired me, when I was working from home and said I will give you two months' salary as compensation in a month's time and my experience letter and payslips in a week's time. Which he hasn't provided yet. I have a company's laptop with me which... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 2, 2020

Your employer is required to pay you for all the hours you performed work, so if he is still withholding pay from you, you are entitled to your unpaid wages for work you performed. However, employers are not required to offer any kind of severance benefits (pay after employment ends). If this... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: Can a business get around paying you for "on-call time worked", by paying a minimal amount while waiting to engage?

I get payed $2 an hour after hours to stay by the phone and be accessible remotely 24/7 every other week. I am hourly payed in order to do this. Some calls last a couple minuets while others last hours, sometimes more then half the night. At which case I'm supposed to get up and be at the... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jun 2, 2020

Your employer is required to pay you at least minimum wage for all hours spent performing compensable work. The question of whether an employee is performing compensable work during on-call time depends on the degree to which the employee may use the time for their own personal activities. The key... View More

1 Answer | Asked in Employment Law for New York on
Q: My employer laid me off and told me to collect unemployment. made me work from home, unpaid. Isnt this illegal?

I feared that if I didn't comply that he wouldn't take me back. After a month of working from home I put my foot down. Obviously he used covid as an excuse for his financial gain and now he is angry. How am I protected in this situation?

Rhiannon Herbert
Rhiannon Herbert
answered on May 27, 2020

Under the Fair Labor Standards Act ("FLSA"), you must be paid for all hours worked. Your employer cannot tell you to collect unemployment in place of paying you for your time worked after you were laid off. Depending on how many unpaid hours you worked, your employer's refusal to pay... View More

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