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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Virginia on
Q: can something be done about an employer doing everything in their power to try make you quit?

being treated different doubling work load they give 2 people threatening his job for everything when he expresses how he's being singled out they just tell him he will be missed wanting him to quit.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 15, 2023

The answer to this question will depend on why you are being singled out. While Virginia is an at-will employment state, meaning the employer or employee can terminate the employment relationship at any time, employees cannot be harassed or discriminated against due to a protected class... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Colorado on
Q: My employer has been making me work full time + weekend; but paying me 1099. Is this legal?

I was hired by a company as an intern. I was then granted access to a percentage of my clients. At the start of 2022. My employer sent us a work agreement where he stated we had to agree to 40 hours in office + occasional nights and weekends. He then proceeded to pay us all year in 1099. Ive now... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 15, 2023

If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee... View More

2 Answers | Asked in Employment Law and Employment Discrimination for North Carolina on
Q: I'm having some serious issues with my manager. I need to know if these actions are grounds to take legal action

She told me I cannot use the bathroom when it was an emergent situation due to me knocking on the door and it was annoying her. She also told me I need to take my medical alert bracelet off when I'm working because it gets in the way of performing my job.

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 7, 2023

While there is no general claim for harassment in the workplace, you cannot be harassed or treated differently than other employees based on a protected class characteristic (i.e. race, sex, age, disability, religion). If you believe your manager's conduct is connected to any of these... View More

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1 Answer | Asked in Employment Law for Washington on
Q: My son is 17y.o. and has already completed his GED. Is he still governed by child labor laws "maximum hours"?

If he is legal to work 40+ hours/wk, could you provide the statute his employer can site?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 7, 2023

Federal law does not place any restrictions on the number of hours 17-year-old employees may work. However, you should consult a Washington state attorney regarding if there are any state laws that limit the number of hours that minors may work.

1 Answer | Asked in Employment Law for Arizona on
Q: Hi, I am trying to find out if I am legally entitled to get a copy of my employment record from a previous employer.
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 28, 2023

There are no federal laws that require employers to produce copies of your employment record, either during or after your employment has concluded.

1 Answer | Asked in Employment Law for Florida on
Q: Can an employer require using PTO days for holidays when office is closed?

Employer moving to a PTO system and no longer have paid holidays, vacation and sick leave. However, required to use those days for federal holidays when offices are closed. No option for working those days. Will be written up if PTO hours are not available to use.

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 28, 2023

There are no federal laws that require employers to offer any paid time off benefits. Under the Fair Labor Standards Act, employers are only required to pay their employees for the time they actually work. As a result, employers have a lot of discretion regarding paid time off policies if they... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Illinois on
Q: I am unable to do my job due to the state of my mental health, caused by a hostile work environment. What can I do?

After communicating with a supervisor and HR regarding my mental health and concerns about a hostile work environment, including harassment via micro-aggressions and unfair scrutiny/biases, my employer retaliated with increased scrutiny, overt incivility, and a denial of benefits.

A... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 21, 2023

If you haven't already, you should make a written report to your company's HR department regarding the differences in treatment you have observed that may be based on race (based on your message above). While treating some employees more favorably than others is inherently unfair, this... View More

1 Answer | Asked in Employment Law for North Dakota on
Q: Can an employer force me to stay at work after my scheduled shift ends? I work at a hotel at the front desk.
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 21, 2023

As long as you are paid for all of the hours you work, including at an overtime rate for all hours over 40 in a workweek if you are paid by the hour, then your employer can change or extend your schedule with or without notice to or approval by you.

1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Is asking for 5, 6 hr days instead of 5, 8 hr days a reasonable accommodation for a disabled person who suffers from

Diseases that make it difficult to stand,walk, and bend and is a cashier?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 14, 2023

You should contact a Michigan employment attorney to discuss further, because these questions are highly dependent on the specific facts of your situation and the job duties you're required to perform. Your accommodation request may or may not be considered reasonable under the Americans with... View More

1 Answer | Asked in Employment Law for Oklahoma on
Q: What type of attorney handles chemical inhalation exposure from work?

My boss when against company policy and made me other employees use metal files, and other tools not suitable for the job.

My job makes large electrical resin boxes that go in the ground, and it contains unsaturated, poly resin, silica, and fiberglass. The person who normally grinds the... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 14, 2023

You can start by reporting your experience to the Occupational Safety and Health Administration (OSHA). If you'd like to further consult with an attorney regarding this matter, an Oklahoma employment or personal injury attorney would likely be the best fit for your situation.

1 Answer | Asked in Employment Law for Georgia on
Q: How do I go about getting some terms clarified in a separation agreement from my previous employer? I was recently fired

There are terms in the agreement that are vague. For future employment, terms like affiliates and related entities in the future concern me. My previous employer is a company that takes referrals from other doctors. I'm concerned that if I sign it, I won't be able to find another job in... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

If you have questions or concerns about signing the agreement you've been given, then you should contact a Georgia employment attorney to review your contract and discuss the circumstances of your separation. It's important to understand your rights and responsibilities prior to deciding... View More

1 Answer | Asked in Employment Law for Washington on
Q: Can my employer make me shorten my regular hours to accommodate working the weekend to avoid paying me overtime?

My normal work schedule is Monday through Friday. Occasionally we do expos and shows that require us to work over the weekend. Normally we would be able to work our regular 80 hours and anything that we worked over the weekend would be considered overtime. This time, we were asked to shorten our... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 31, 2023

Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.

1 Answer | Asked in Employment Law for Texas on
Q: I work in Texas I am currently on my two week notice and wondering if I get my 15 days of pto paid out to me?

I don’t see anywhere a mention of what happens to pto when separation occurs between me and employer

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 24, 2023

There are no laws that require that earned but unused PTO be paid out to the employee upon separation. However, there are other ways that you can potentially recover this earned-but-unused PTO, such as if your employee handbook states you will receive it upon separation. If you don't have an... View More

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: Can a employer impose a policy or attempt to make a wormer work completely for free on saturdays

Due to her falling behind on quites and invoices due to work load increasing

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2023

The answer to this question will depend in part on how you're paid. If you are paid by the hour, then you generally must be paid for all time worked, including at an overtime rate of 1.5x your normal rate for hours over 40 in a workweek. However, if you are paid on a salary basis, then your... View More

1 Answer | Asked in Employment Law and Government Contracts for Kentucky on
Q: My jobs time system requires us to clock out, and then approve our time. Would this be considered working off the clock?

I am working on a government contract in Kentucky. I work on the computer to perform my work and they use a time keeping system that requires us to clock in and out daily, as well as clock in and out for our two 15 minute breaks and 30 minute lunch. At the end of the night when we clock out we have... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2023

You should contact a Kentucky employment attorney to discuss your situation in further detail, because whether off-the-clock work is compensable is a very fact-specific analysis. In addition, federal law generally requires breaks of 20 minutes or less to be paid. If you are required to clock in and... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oklahoma on
Q: I was terminated at my work place after 16 years of employment through them. The last 3 months I worked I started having

Health issues with swelling. Some of the swelling was in my gut. Let me add this I am a female and work with all men for these 16 years. My main supervisor started to notice my gut and proceeded to make pregnancy comments (even though he has known I was gay the entire time I worked there) He also... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should contact an Oklahoma employment attorney to discuss your situation in more detail. While more information is needed here, you should reach out regarding claims for disability discrimination and/or sex discrimination under Title VII of the Civil Rights Act of 1964.

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: What type of law practice should I look for that would handle wrongful termination in retaliation to whistleblower.

My wife was terminated from an Assisted Living facility in retaliation to pending whistleblower allegations.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 10, 2023

You should look for a Colorado-based employment law attorney to discuss this situation further. Best of luck.

1 Answer | Asked in Employment Law for Tennessee on
Q: If My Job Gets My Check Wrong But Is Fixing It Am I Obligated To Work I Really Don’t Wanna Work Until I Get What I’m Owe
Rhiannon Herbert
Rhiannon Herbert
answered on Jan 4, 2023

Yes. While mistakes in pay could lead to wage violations if they are not timely corrected, you still have an obligation to work your normal schedule if you're still employed with the company, and the company can discipline or terminate you for failing to do so.

2 Answers | Asked in Employment Law for Texas on
Q: Can My Employer Reduce My Wages for Quitting Without Notice?

As an at will employee, I had to immediately resign my position with my former company. I was unable to give any notice. The company is now telling me that my pay for the last two weeks worked will be at minimum wage instead of my regular pay rate (this is a pay cut of roughly half). They said this... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 4, 2023

Generally yes. Federal laws typically only protect against minimum wage and overtime violations, so while this policy resulted in a substantial pay cut to you, it doesn't violate any wage laws.

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1 Answer | Asked in Employment Law and Contracts for Virginia on
Q: Am I legally allowed to sign this affidavit in order to get my partner benefits through my new employer?

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

Rhiannon Herbert
Rhiannon Herbert
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

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