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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Colorado on
Q: Can you be fired for a work schedule change you weren’t notified of?

Hi. Every week I take a photo of my work schedule that’s posted each Sunday. This past Sunday, according to my schedule I was supposed to come in on Wednesday. When I arrived today (Wednesday), my boss told me he had changed the schedule and that I was actually supposed to come in on Tuesday... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 23, 2020

Unfortunately, there is no violation here. While this situation is unfair to you, you live in an at-will employment state, meaning you or your employer may terminate the employment relationship for any reason or for no reason at all (as long as the reason is not discriminatory).

1 Answer | Asked in Employment Law for Washington on
Q: Can a employer require you to on site for a specified time but only pay when are doing a specified task?

As a ski instructor I am required to be on site for the day but am only paid for the time I have a class.. Possible to be there all day and not get a class and receive no wage.... No pay at all for time between classes... Is this legal?

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 22, 2020

Under the Fair Labor Standards Act, employees must be paid for all time spent performing compensable work. This includes "on-call" time, where employees are not actively performing work for the employer but where their freedom to perform other activities is restrained. If you are required... View More

2 Answers | Asked in Employment Law for Arkansas on
Q: Is it legal for employer to take tips as a punishment for minimum wage employee?

We keep tips and divide out every other week between pay periods and employer is taking tips because of item deletions and using them to buy espresso shots for company contest.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 22, 2020

Under the Fair Labor Standards Act, employers are permitted to use a tip pooling system, where tipped employees "pool" the total amount of tips received. Employers may require employees to pool their tips together and redistribute the funds according to a pre-established formula, but the... View More

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1 Answer | Asked in Employment Law for Maine on
Q: I am a full time hourly employee in Maine. Am I guaranteed a certain # of hours per week?

A mechanical issue reduced the need for employees and I was sent home. Losing a days pay.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 15, 2020

The Fair Labor Standards Act does not require that employers give their employees a minimum number of hours to work; it only requires that employees be paid at least minimum wage for each hour worked. If you were sent home (and thus did not perform work) during this mechanical issue, there is no... View More

1 Answer | Asked in Employment Law for Michigan on
Q: Does my company have to pay me for working on call for 7 days straight after working 8 full hours daily?
Rhiannon Herbert
Rhiannon Herbert
answered on Jan 15, 2020

Under the Fair Labor Standards Act, employers are required to pay their employees for all time spent performing compensable work. Whether your on-call time is "compensable" depends on what you were required to do during your on-call time. If you were required to remain on your... View More

1 Answer | Asked in Employment Law for Nevada on
Q: Can any employer force you to work through your lunch break if they pay you for your lunch break period in Nevada?

My employer pays for lunch breaks as a benefit. HR never mentions that you have to work through your lunch, but management sometimes does, or in the case of grave shift, it's pretty much mandatory all of the time. I'm curious if this is legal, the laws I've read dont address... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 8, 2020

Under the Fair Labor Standards Act, interrupted breaks, meaning breaks where employees are still required to perform work, must be paid. Since your employer is paying you for your lunch break, there is no violation here. The Fair Labor Standards Act does not require employers to offer employees... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: Can you sue an employer if you think you were terminated as retaliation for reporting racial & discrimantory acts?

I was the only AA at my job in corporate banking. I suspected that I was being discriminated against. For example, there were certain restrictions placed on what I could do but, after asking several non AA coowrkers who started the same day as me who stated they didn't have any restrictions... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 8, 2020

You may be able to bring a claim for retaliation based on complaints of race discrimination under Title VII of the Civil Rights Act of 1964. To prove this claim, you must be able to establish that (1) you engaged in a protected activity; (2) you suffered an adverse employment action; and (3) there... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Kansas on
Q: I got let go while on leave after having a 2 seizures at work

I had a seizure my first week employed went 6months without one then had 2 had one with then 3 days went back with a doctor note had one that same night i went back got put on leave then i was let go havent been back. What should i do?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 31, 2019

You may have a claim for disability discrimination under the Americans with Disabilities Act (ADA), but this largely depends on the required job duties for your position. To assert a successful ADA claim, you must be qualified for your job, meaning you must have been able to perform the essential... View More

1 Answer | Asked in Employment Law for Illinois on
Q: I was a lifeguard and I payed the company for my certifi. ($200+) which was more than the textbook fee. Is this allowed?

I was a lifeguard over the summer and I payed the company to get my certification (over $200) which included more than the cost of the textbook. Is this allowed? I heard that it is a scam.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 31, 2019

There is no violation here. If your job requires a special certification, your employer can require you to obtain the certification before you begin work, and it is not required to reimburse you for the costs associated with obtaining the certification.

1 Answer | Asked in Education Law, Employment Discrimination and Employment Law for Ohio on
Q: Does 17 year old- whom has graduated from high school have to follow the normal 4109 rules (wage, hours, work permit)

For example, would that 17 year old need a work permit even though they are already in college? Will the work hours limit still apply?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 31, 2019

Under federal law, there are no restrictions on when and how much an employee may work once he or she turns 16. However, 16 and 17 year-old employees are restricted from performing certain hazardous jobs, such as operating heavy machinery or handling dangerous chemicals. Additionally, if an... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Even if I make a large amount in tips is my employer still required to pay me my minimum hourly rate?
Rhiannon Herbert
Rhiannon Herbert
answered on Dec 23, 2019

Your employer must pay you at least the Ohio minimum wage for tipped employees. The Ohio minimum wage for tipped employees is $4.30 per hour. However, if you are a tipped employee (someone who receives more than $30/month in tips), and you are paid more than the minimum wage for tipped employees,... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: Can NJ co. force a full time employee working 20 yrs, 4 days/week, 32 hours, work 5th day, no increase pay?

non-union admin position

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 23, 2019

Under federal law, you must be paid at least minimum wage for all hours worked. If you are working 40 hours per week but are only being paid for 32 of those hours, then your employer has violated the Fair Labor Standards Act. If, however, you are being paid for the 40 hours you work, but you... View More

1 Answer | Asked in Employment Law for Missouri on
Q: Is it possible to bring the law into a work-related injury when then managers refuse to help fix the issue?

I started working a new job a couple weeks to a month ago, and I started to develop rashes and stuff immediately, I went and talked to one of my managers and they told me that I would still need to work in the kitchen because it might be dry skin. I went to the doctors about it and they told me... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 19, 2019

You may have a claim for failure to accommodate under the Americans with Disabilities Act. To establish this claim, you must prove (1) you are a qualified individual with a disability; (2) your disability was known by your employer; and (3) your employer failed to make a reasonable accommodation... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Montana on
Q: I feel like I was targeted and demoted in an effort to force resignation. Is there anything I can do?

I was promoted in june. Since then I haven't received 50% or more because of poor food cost or because of poor inspections. I feel like this was the first effort to Target me. I was a diligent employee for 13 years never missing a shift and working extra whenever needed. The problem is the... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 19, 2019

Unfortunately, no. You live in an at-will employment state, meaning you can be terminated from your position for any reason or no reason at all, without warning. The only exception to this general rule is if you feel you are being targeted for termination for an unlawful reason based on a protected... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Jersey on
Q: Can my employer lower my compensation plan because I made too much money?

Set an agreed upon lower base with a high compensation plan. Did a great job with sales and now my employer told me he was cutting my compensation plan by 75% because I made too much money. But also congratulations me on performance. Told me no room for negotiation and I had to give my answer... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 12, 2019

This will depend on whether you have a written employment contract stating that you would be paid the agreed-upon amount for a specific amount of time (for example, for the next year). If you don't have this, then unfortunately you do not have a claim under federal law, as the Fair Labor... View More

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