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Questions Answered by Rhiannon Herbert
1 Answer | Asked in Employment Law for Arizona on
Q: Is it legal in the state of Arizona and working for a town , for them to use my sick leave without my concent .

Boss new it was happening ahead of time. Told them he thought I did not want to use it due to possible surgery. They did not call me. In Az does any form of consent matter .verbal , written, digital?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 23, 2022

There are no federal laws that require employers to offer any form of paid time off, so if your employer does offer this benefit, it can offer it on its own terms. This means that if you are out of work for any reason, your employer can require you to used any paid time off you've accrued... View More

1 Answer | Asked in Employment Law for Missouri on
Q: What are the number of hours a 16 year old in Missouri can legally work on a school day?

Does the legal number of hours on a school day change if the school day is a snow day?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 23, 2022

Federal law places restrictions on when 14 and 15-year old employees can work during the school year, but no similar restrictions apply once you turn 16. There may be other applicable Missouri labor laws, however, so you should consult a Missouri employment attorney regarding your situation.

1 Answer | Asked in Workers' Compensation and Employment Law for Texas on
Q: My manager wants me to perform two different job positions with a different level of pay without compensation for it.

During the past year, I have been asked to perform multiple duties that higher-level employees perform. I have asked for a promotion and was denied. According to my new manager, I don't do enough to be a team player that deserves a promotion. I have been performing all the extra duties I have... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 16, 2022

There is no limit to the number of job duties or responsibilities your employer can assign you. If you are paid by the hour, however, you must receive pay for all the hours you work, and you must receive overtime pay (1.5 times your hourly rate) for all hours worked over 40 per week. If you are... View More

1 Answer | Asked in Employment Law for Virginia on
Q: I accepted a job offer and resigned but now I received another that I like more. I need both background checks to clear

I know they will but I am nervous during the employee verification my current employer will say something to both companies, is that allowed or could i sue them if they did that

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 16, 2022

There aren't many laws or rules surrounding what former employers can disclose to prospective employers during the application process. The one exception to this rule is if you can prove your former employer said something to the prospective employer that is both false and unfavorable about... View More

1 Answer | Asked in Employment Discrimination and Employment Law on
Q: My company asked me to work a 48 hour shift and they would pay me with a day off. Are they allowed to specify which day

Overtime is paid with time off. Am I entitled to choose which day I want off or can my employer deny it. I worked 48 hrs straight through, day and night.

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 8, 2022

Your employer must pay you overtime, at a rate of one-and-one-half times your regular hourly rate, for all hours over 40 you work in a week. However, employers have a lot of control over employee schedules, so days off (or days you must work) can be selected by the employer.

1 Answer | Asked in Employment Law for Iowa on
Q: Can my employer make me pay for PTO I used?

I work in Iowa and my employer gives us 120 hours of PTO at the start of the new calendar year. They then state that we "earn" 10 hours every month.

I have used about 80 of my 120 due to medical issues keeping me from work. My employer told me if I quit today that they would: 1:... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 8, 2022

Your employer is permitted to make deductions from your final check, but it is not permitted to make substantial enough deductions such that your final pay falls below your state's minimum wage. For example, if you worked 30 hours per week and earned $500 on your last check, and then your... View More

1 Answer | Asked in Employment Law for Colorado on
Q: Do I have to have a salaried manager on staff for a restaurant in Colorado? Or can all my employees be hourly?
Rhiannon Herbert
Rhiannon Herbert
answered on Feb 1, 2022

All employees can be paid by the hour, but there are rules that must be followed for whether an employee can be paid on a salary basis. If you have a manager that's currently paid on a salary basis, they can be switched to hourly, provided that they are paid overtime for all hours worked in... View More

1 Answer | Asked in Employment Law for Florida on
Q: If I was fired from a job and the business was using my personal gmail for their google calendar, can I sign them out ?

I was fired from a job as a manager of a friends small business. The business is using my personal gmail account for google calendar. Am I obligated to stay logged into my personal account on google calendar for their use or can I sign out?

Rhiannon Herbert
Rhiannon Herbert
answered on Feb 1, 2022

You should reach out to the business and notify them that their business google calendar is still connected to your personal account. You can offer to provide them a few days to transfer over appointments to a separate business account, but ultimately, the account is yours, and you do not need to... View More

1 Answer | Asked in Employment Law for New Jersey on
Q: i need a NJ W2 with full SSN (my copy is truncated). Will my employer give me one of the 4 for use if I return it?

I applied for my replacement SSN card (previously lost) and it should arrive in 14 days, but I need proof of SSN to get a new ID (also lost previously when I lost my wallet), and I need it ASAP for new job I was just offered. NJ DMV would not let me use older W2s which used to have my full SSN and... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 26, 2022

If you worked for the employer you're seeking the W2 for at any point in 2021, then they are required to provide you with a W2 for the 2021 tax year by January 31, 2022. If you have not yet received it, you may receive it in the mail in the next few days. Regardless, you can reach out to your... View More

1 Answer | Asked in Education Law and Employment Law for Arizona on
Q: Can a school district make my wife continue to work at home while on FMLA and not pay her for full-time work?

My wife's school district has known that she would be taking leave for the birth of our son for several months. However, they have still failed to bring someone in to sub for her while she is on leave. While on leave she will not be given full pay. However, because of the district's... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 26, 2022

You should contact an Arizona employment attorney to discuss this situation. If your wife is using FMLA leave, then she should be fully relieved of any of the normal duties she performs. If she is being forced to work while on FMLA leave, then this could be considered FMLA Interference.

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can an employer in NH make a MA resident use vacation time instead of sick time when sick with Covid?

My husband lives in MA but works in NH. Can his employer make him use his vacation time if he's sick with Covid?

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2022

Yes. There are no laws that require employers to pay their employees for time off work for any reason (and additional COVID-19 laws that would apply to this situation expired in 2020), so if the employer offers any form of paid time off, it can require that it be used according to its own... View More

1 Answer | Asked in Employment Law on
Q: Is firing someone for asking questions about a specific role and salary illegal?

I was hired at an insurance firm for administration, however the broker I worked for recently promoted me to a much more difficult and work heavy position without my knowledge or consent. I had more responsibility but the same pay. When I asked him about my position more and possible salary... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 18, 2022

While your situation sounds unfair, it is likely not unlawful. At-will employment states permit the employee or employer to terminate the employment relationship at any time and for any reason. As long the language in your employment contract does not alter this arrangement (which, based on your... View More

1 Answer | Asked in Employment Law for Arkansas on
Q: I was getting my paid check and noticed I was paid for 1 hr I worked 5 hrs I know I did even my mom knew is it legal?
Rhiannon Herbert
Rhiannon Herbert
answered on Jan 12, 2022

You must be paid for all hours you worked, so you should bring this up to your employer and explain the discrepancy. Moving forward, you should independently track the hours you work so you have your own record of your start and end times.

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?

They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 12, 2022

Wage and hour laws only require your employer to pay you for time that you are working. Since employers are not required to offer pay for non-work hours, the above policy, while unfair, is permissible.

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1 Answer | Asked in Employment Law for Nevada on
Q: Is commute pay not eligible for overtime?

I work for a temp agency that sends me to several locations around the city. There is one location that is an hour and a half outside of town. We carpool to this location and are paid 2 additional hours for travel. This travel pay is never overtime. We could go to this location everyday for a week... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 5, 2022

The general rule for travel time pay is that you must be paid for travel during your work day (ex. from work location 1 to work location 2) but not for travel to your first site for the day or travel home after your last site of the day. If travel to the out-of-town location you mentioned is the... View More

1 Answer | Asked in Employment Law for Mississippi on
Q: I was asked to take a urinalysis and have been suspended for 2 weeks while waiting for the results. Is this legal?

I filed an hr complaint for harassment against an employee at work. Since making that complaint I was asked to take a urinalysis drug test after returning from lunch break. I was suspended immediately until the results come back. However it’s been two weeks with no follow up. Is it legal to be on... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Jan 5, 2022

This depends on why you were selected for the drug test. If the selection was random, or if your employer has a work-related reason to test you, then it can require you to remain out of work until the results are received. However, if you believe you were selected based on your complaint of... View More

1 Answer | Asked in Employment Law for Colorado on
Q: If I was verball told that my contract was not being renewed but never given a written letter of non-renewal. Legal act?

I was a probationary teacher but never received a written non- renewal letter. Is there any legal action possible in this situation?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 29, 2021

This depends on the language in your old contract (the one that isn't being renewed). If your old contract states that you must be informed in writing and/or given prior notice of non-renewal, then you should discuss your situation with a Colorado employment attorney.

1 Answer | Asked in Employment Law for Texas on
Q: My Mother has worked at a nursing home for 20+years recently they have her working no days off for 4 months what do we

She has worked there for so long.Since working nonstop she has had no days off,sick days, a raise nothing to be compensated for. She is 60 years old. What can we do?

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 29, 2021

There are no laws that place limits on how much an employee can be scheduled to work. Other than submitting a written request for a reduction in her hours, there isn't much that can be done here. However, if your mother is paid by the hour, she must receive overtime pay for all hours she works... View More

1 Answer | Asked in Employment Law and Appeals / Appellate Law for Alabama on
Q: Should I appeal my case if my employer is saying I quit when in fact I did not,?

I had to take a temporary leave of absence to take care of my disabled son while his mother an I also grieved oven the loss of our new born son.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 21, 2021

More information is needed to answer your question. You should contact an Alabama employment attorney to discuss your situation in further detail.

1 Answer | Asked in Employment Law for Tennessee on
Q: Central freight is closing with no 60 day notice to employees. Does this violate the warn act?
Rhiannon Herbert
Rhiannon Herbert
answered on Dec 14, 2021

More information is needed to answer this question. While the WARN Act generally does require 60 days' notice prior to a mass layoff or plant closing, there are a lot of exceptions and qualifications to this general rule. You should contact a Tennessee employment attorney to discuss the... View More

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