I have recently started a new job, and my employer offers to extend benefits to Domestic Partners of employees. I have been living with my partner for over three years now, and we were just about set to sign all necessary enrollment paperwork. Before doing so, I must sign an "Affidavit of... View More
answered on Dec 22, 2022
You should check with a Virginia contract attorney to be sure of this, but generally, the answer to this question will depend on whether the affidavit defines the word "principal" anywhere. If the word "principal" is capitalized in your affidavit, this likely means it is a... View More
Documentation is required about consumers with DMH waivers. This information is also relayed to parents to aid with mental and physical health decisions.
answered on Dec 21, 2022
Missouri is an at-will employment state, which means either you or your employer can terminate your position at any time and for any reason (or no reason at all). The one exception to this general rule is if an employee is targeted or selected for termination based on a discriminatory reason (i.e.... View More
I have an employee that i want to hire as a 1099 independant contractor. Outside of me putting them into my payroll as a 1099 contractor, what else do i need to make sure they are classified the correct way?
answered on Dec 21, 2022
You should contact a Pennsylvania employment lawyer directly to discuss your situation, as whether a worker can be properly classified as an independent contractor depends on a variety of different factors and will be highly dependent on the specific facts of their situation. Labels alone (such as... View More
I work for an assisted living facility when there legally must be 5 staff in the building at all times. They are mandating a 30 minute break but since they're not staffing enough employees we are not allowed to leave the building when we take our required 30 minute break. Is this legal? I was... View More
answered on Dec 16, 2022
As long as you are completely relieved from any work duties during your 30-minute break, your employer can require you to remain in the building. If, however, your employer requires you to stay in the building because your break is frequently interrupted by performing work if needed, then you... View More
My Dr. stated that I need to change my job role in my company due to medical issues that could worsen if I stay in the same role. The company I work for has been working to change me roles for two years (couldn't collect unemployment or disability for some reason). They called today saying... View More
answered on Dec 6, 2022
You should contact a Florida employment attorney to discuss this situation further, as this will be a highly fact-intensive situation. While the Americans with Disabilities Act permits you to request accommodations - including a position reassignment - your employer need not maintain your same pay... View More
My employer is telling me that I do not get holiday pay as a 36 hour full time employee, but 40 hour employees do. They said the reason I don't is because I work four days and it's a benefit to have a day off during the week. I think this is very unfair and I want to know if there are any... View More
answered on Nov 30, 2022
There are no laws that require employers to offer paid time off, so unfortunately, if your employer does offer this benefit, they can offer it on their own terms (in this situation, to some employees but not others).
answered on Nov 22, 2022
I'm unsure of the exact question you're asking, but hopefully this information will help you: Under federal law, hourly-paid employees must be paid overtime, at a rate of 1.5 times their regular hourly rate, for all hours worked over 40 in a seven-day workweek. Entitlement to overtime pay... View More
release and agreeing to non-compete and non-solicitation terms, which are all straightforward. The company is struggling and is telling me they can't afford to honor the contracted severance payments any longer, which are supposed to continue for 7 more months. I'm not aware of them... View More
answered on Nov 22, 2022
You should contact an Arkansas employment attorney to have your separation agreement reviewed. If your employer promised to pay you a certain amount of money in your separation agreement that they are now refusing to or unable to pay, you may have a claim against your employer for breach of... View More
Do they have to pay me since they hired me and can I do something to make them pay me?
answered on Nov 16, 2022
Under the Fair Labor Standards Act, you must be paid for all the hours that you work (regardless of whether you have a valid ID). You should contact an Alabama employment attorney to discuss your situation further, or you can file a complaint with the Department of Labor.
I worked for cosway bait and tackle and i worked overtime regularly for salary. I was wandering if i could get the back pay for 7 years and how long would it take.
answered on Nov 8, 2022
Unfortunately, the statute of limitations on unpaid wage claims under the Fair Labor Standards Act only goes back a maximum of three years. While salaried employees need not be paid overtime, your employer has to prove that your job meets certain requirements in order to properly pay you on a... View More
Overtime is not mandatory so my employer says they can let me off at 2:30 in order to vote without paying my overtime. Overtime is scheduled all year. Are they right for letting me out early with no overtime pay?
answered on Nov 8, 2022
Federal law measures overtime hours according to a seven-day workweek rather than by the day. Any hours over and above 40 per seven-day workweek count as overtime hours. Thus, as long as you are properly paid overtime for all hours you work in excess of 40 per workweek, your employer is permitted... View More
Can my employer change my hourly pay rate weekly? My hourly pay rate changes every week based on the amount of hours I work which is usually 50-60hrs as a security guard. I am paid OT on whatever the new hourly rate is. Is this something my employer can do just constantly change my rate even if it... View More
answered on Nov 2, 2022
As long as your hourly rate doesn't fall below minimum wage, and as long as your overtime rate is properly calculated, then there is nothing unlawful about this situation. However, you should consult a Florida employment attorney to ensure your overtime rate is being calculated correctly if... View More
I was told I was legally exempt from overtime pay in Colorado. I am an hourly employee that was employed by a small agency.
answered on Oct 26, 2022
Some direct support workers who provide in-home services to clients are “exempt” from the FLSA’s minimum wage and overtime laws, meaning their employer need not adhere to the FLSA’s minimum wage and overtime laws. This is called the “companionship exemption,” and it applies to workers... View More
As a nurse in KY, I have accepted a new job.my current employer is threatening to "hold" me in my current job for 90 days to prevent me from leaving/accepting the new job. Is this legal?
answered on Oct 26, 2022
While your employer can't force you to remain in your current role, there may be legal ramifications if you decide to leave early. For example, if you signed a contract stating you'd remain in the role for a certain amount of time and then leave before that time is up, your employer may... View More
I was promoted in January 2022, with this promotion came a raise. However I found out recently, I was not given the raise until the middle of the year. I was promoted in January as scheduled and did all the extra work that came along with my new position, and I was doing it for minimum wage for... View More
answered on Oct 19, 2022
Unfortunately, federal wage laws only protect against minimum wage and overtime pay violations. However, you should discuss this issue with your manager or human resources department if you have not already - they may agree to reimburse you for the difference in pay since you were promoted.
Because of my schedule I pump at 8:30 , my 15 min break is at 9 which I am no longer allowed to take. My boss also said I have to pump during my lunch , my lunch is only 45 min long so by the time I'm done I will only have about 25 min left. Can my boss do this? Or am I allowed to say no to this.
answered on Oct 19, 2022
Generally, there are no laws that require employers to offer any certain length or amount of break time for employees. In your situation, if your employer offers scheduled break times, they may request that you pump during these break times. If this is not possible for you to do during your... View More
I flew out from florida with the impression I was going to work in bethel Alaska. Upon arriving to anchorage I was told the hotel I was supposed to stay at closed down and that I should get a hotel in anchorage. Thus far I am out of pocket $1900.
answered on Jun 6, 2023
You should check your contract to see if there are any provisions that cover reimbursement for out of pocket expenses. Even if there aren't any, you should make a written request for reimbursement for the out of pocket expenses you've had to incur as a result of this error.
I am a part time worker.
answered on May 31, 2023
Unfortunately, there are no federal laws that require employers to offer break time based on the length of shift you work.
The job was for one foundation within the company, scheduling appts, messaging physicians and or staff, refill requests etc. within 3 months of being hired was trained on new program and told we were going to all become Universal agents taking calls for multiple foundations with different work... View More
answered on May 16, 2023
Unfortunately, offer letters are generally not considered contracts, so there is likely not much you can do to hold the company to what they originally told you on the scope of your role.
The system that we have is allowing employees to ring beer on Sunday. The employer knows and has not made a change to fix it. As a direct result, an employee has sold beer on two different occasions, not remembering that it was sunday. Management has now said that it is the employees responsibility... View More
answered on May 9, 2023
If the employer has a rule (or is following local law) against selling beer on Sundays, then it can require its employees to not make beer sales on Sundays, regardless of whether the computer system allows the sale.
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