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Questions Answered by Greg Mansell
1 Answer | Asked in Employment Discrimination and Employment Law for Georgia on
Q: My wife is pregnant, her employer a dental company told her she cannot work due to her being pregnant. Is this allowed?

My wife was told due to her higher risk of coronavirus being pregnant she needs to stay Home from 3/23/20-4/6/20. This will be unpaid unless she uses vacation time. Other employees are still allowed to work during this time who are not pregnant. Is this discrimination?

Greg Mansell
Greg Mansell answered on Mar 18, 2020

This is discrimination. If she is capable of working medically, then her pregnancy cannot be a reason to put her on unpaid leave. That is discrimination based on her pregnancy. You should contact an employment lawyer in Georgia to discuss your options.

1 Answer | Asked in Employment Law for Georgia on
Q: What can I do about an employer not paying employees?
Greg Mansell
Greg Mansell answered on Mar 18, 2020

If your employer is not responding to questions about your pay, you should reach out to an employment lawyer in your state. There are federal and state laws that require payment of minimum wages and payment to employees within a certain amount of time.

1 Answer | Asked in Employment Law for Mississippi on
Q: Can my employer keep me inside on my brakes

I've been there almost five years.

Greg Mansell
Greg Mansell answered on Mar 18, 2020

Yes. Your employer is not required to give you breaks but they can regulate how they are taken. Brakes of 20 minutes or less must be paid.

1 Answer | Asked in Employment Law for Texas on
Q: Clock in time dispute with company

My fellow employees and I are having a dispute over compensable time while driving a company vehicle. We are granted access to a company website at 7:00 a.m. to see our routes. I clock in at this time to prepare my route (rearrange drive for optimization), attempt to remotely fix jobs/read notes to... Read more »

Greg Mansell
Greg Mansell answered on Mar 4, 2020

You should contact an employment lawyer in Texas. Your employer must start paying you when you start performing work that is “integral and indispensable” to the performance of your job. Based on what you stated in your inquiry, checking the website to get this information is 100% necessary for... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: I havent been accumulating pto and instead they've just been adding the 1 hour of pto pay to my check.
Greg Mansell
Greg Mansell answered on Mar 4, 2020

Have you informed Human Resources or the payroll department? It sounds to me like this is a mistake, especially if there is a set PTO policy. I would contact your HR/payroll immediately so the amount they are paying you on your paycheck for the PTO does not get to a level you cannot pay back.

1 Answer | Asked in Employment Law for Illinois on
Q: Can an employer place a job post online for my position when I have not given a notice to leave my job?

I reported to HR abusive treatment from my supervisor and asked to be transferred to another dept. There was only one other position in the practice available. I spoke to the manager of that position and realized I had no qualifications for it. I reported back to HR that I was not qualified for... Read more »

Greg Mansell
Greg Mansell answered on Mar 4, 2020

An employer can make a post for any position, including your position or a similar position, without providing any notice to you. If you reported abusive behavior based on a protected class (For example, abusive behavior toward you because of your race, medical leave, religion, etc.) then it is... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Can a employer hire you and then give you a start date to

turn around and say they dont know when you would be starting diploma

Greg Mansell
Greg Mansell answered on Feb 10, 2020

Technically an employer can extend your start data unless there is a contract (not just an offer) regarding a start date. An employer can also rescind an offer. On the other hand, you do not have to put up with extensions and are free to continue your job search. If you find a new job, take it!

1 Answer | Asked in Employment Law for New York on
Q: Class action filed 2017.After this, employees sign a waiver restricting class action suits. Can they cash their check?
Greg Mansell
Greg Mansell answered on Feb 10, 2020

This depends on whether they joined the lawsuit prior to signing the waiver. If they received a check, it sounds like the class was certified prior to signing a class action waiver. So they can likely cash their check since they already joined the lawsuit prior to signing.

1 Answer | Asked in Employment Law for North Carolina on
Q: Is my relocation repayment agreement enforceable in this situation?

I transferred to another state with my existing employer of 9 years and was given a relocation package. It had a 2 year repayment agreement with a prorated amount due each month starting in year two. The division I worked in was recently dissolved and I was offered a new position with considerably... Read more »

Greg Mansell
Greg Mansell answered on Feb 5, 2020

The answer depends on the language of the repayment agreement. The repayment agreement is just a contract. There are usually terms that address broad situations, such as being transferred to a position that is or is not comparable to your current position. You should look at the Agreement and see... Read more »

1 Answer | Asked in Employment Law and Sexual Harassment for Texas on
Q: If I signed a document at eeoc that I would not pursue the case , can I reopen it for sexual harass on job in 2017

I was talked into signing and scared for my life

Greg Mansell
Greg Mansell answered on Feb 5, 2020

Generally, the EEOC is limited to actions that occurred within 180 days of the filing of a charge. This can be extended in certain states whereif a state or local agency enforces a law that prohibits employment discrimination on the same basis. The exception is that if you allege the act was an... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Are employers allowed to request a dr note from an employee every time there child or self is sick?

This is not a standard policy for all employees in this company

Greg Mansell
Greg Mansell answered on Jan 22, 2020

Unfortunately, there is nothing the legally prohibits an employer from requiring a doctor's note for missed absences due to illness.

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.

Greg Mansell
Greg Mansell answered on Jan 22, 2020

Tips are always the property of the employee. The only deduction an employer can make is for the ACTUAL cost of a credit card transaction. As stated by Rhiannon below, even under a lawful tip pooling arrangement, the employer cannot retain tips for the reasons you have provided. Contact a wage and... Read more »

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1 Answer | Asked in Employment Law for Ohio on
Q: subpoena was taken to my parents house but I was not there and not directly served. Do I still need to abide by

It states that I need to report to a lawyers office on a certain date. I do not even know what this is for. Do I have to go since I was not served directly? It so, am I able to obtain information about what this is for before I go?

Greg Mansell
Greg Mansell answered on Jan 16, 2020

If you reside at the residence and someone over 18 signed for you, then yes - you need to appear. You can absolutely contact the law firm or lawyer that issued the subpoena and ask what it is about or even ask to reschedule.

3 Answers | Asked in Employment Law for Ohio on
Q: Unpaid work/hours at a job. Is it legal

They give us 12 hours of work to finish in 8, but only pay for 10. The extra 2 is straight pay, and not overtime, is it legal?

Greg Mansell
Greg Mansell answered on Jan 15, 2020

In addition to what Ms. Dyer said below (which is 100% accurate), they may be violating minimum wage laws as well. It will depend on your hourly rate. You should contact an employment attorney to go over the details and provide the additional information needed to determine the violations and the... Read more »

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4 Answers | Asked in Employment Law for Ohio on
Q: Can my employer request me to come in 15 min early and not pay me? I have done this for 5 years with out fail.

Also if they have to pay me, will it be considered overtime?

Greg Mansell
Greg Mansell answered on Jan 8, 2020

Absolutely not. This is a violation of federal and state wage laws. You should be compensated for this time. Feel free to reach out if you would like to explore pursuing this matter and getting paid for your time worked but not paid.

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1 Answer | Asked in Employment Law for Connecticut on
Q: I work for a co. that fertilizes and seeds lawns. I am the bookkeeper and office help. Should I be paid time & a half?
Greg Mansell
Greg Mansell answered on Jan 3, 2020

You may be exempt from overtime under the administrative exemption. In order to meet this exemption you must: (1) be paid on a salary basis and (2) you must meet the administrative duties test.

To be paid on a salary basis, you must be paid a guaranteed amount each week that is not...
Read more »

1 Answer | Asked in Employment Law for Ohio on
Q: My employer repeatedly sends me home off the clock ranging from 2-7 hours at a time. Then says I must come back and

I don't get paid any time I'm off waiting to come back. I work in Ohio. Is this legal?

Greg Mansell
Greg Mansell answered on Dec 28, 2019

You may be entitled to pay for this time but you might not be. There are a lot of factors that must be analyzed to make this determination. These include:

(1) the frequency of the calls to the on-call employee;

(2) geographical restrictions on the employee's movements;

(3)...
Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Ohio on
Q: Can I sue my previous employer for hiring for a position in one city(moved 2 city) and then they assign me 2 diff city?
Greg Mansell
Greg Mansell answered on Dec 20, 2019

An employer has the ability to transfer its employee. Absent an employment contract, it does not violate the law for them to assign you to a different city. If you are at will, you are free to quit if you do not wish to travel to the new city.

1 Answer | Asked in Employment Law for Oregon on
Q: I have not been paid for all my hours, and no longer work for that employer. What can I do?

The last day I worked was 11/18/19. I was not paid for the hours worked that day, nor for 3 hours on the 15th of Nov.

I let someone in payroll know on the 21st of Nov. there was a discrepancy with my check, and she indicated that it was right.

I then asked for copies of our login... Read more »

Greg Mansell
Greg Mansell answered on Dec 20, 2019

Typically each state has a law that requires employers to pay employees in a certain amount of time. 30 days is fairly common. If you have still not been paid, you should contact an employment attorney in Oregon to see your options for going after your unpaid wages.

1 Answer | Asked in Employment Law for Oregon on
Q: I am a salaried employee. However, on my check stub it clearly states "Basis of pay: Hourly." Am I truly salary based?

My stub clearly shows an hourly wage at 40 hours per week when I usually put in 50 or more. At the bottom of the stub it says my basis of pay is hourly. I am also required to put in a minimum of 45 "Open hours" of work, meaning business hours. So getting in before we open and staying late after we... Read more »

Greg Mansell
Greg Mansell answered on Dec 20, 2019

Whether you are paid on a salary basis depends on several factors. If you work less than 40 hours, do you they only pay you for the hours worked or do they pay you the full 40 hours? Were you told when you started that you would be salary? Do you have a written offer? What is shown on your... Read more »

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