Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Greg Mansell
1 Answer | Asked in Employment Law for Texas on
Q: What qualifies as religious discrimination

My employer says i can take Easter off, but I'm doing so I'll accrue a recorded penalty as well as docket pay for the entire 2 week pay period.

Greg Mansell
Greg Mansell answered on Apr 8, 2020

The law requires an employer or other covered entity to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable... Read more »

2 Answers | Asked in Employment Law for Texas on
Q: Not getting paid for full shift

My daughter works in fast food and her hours have been cut. She was scheduled to work a 3 hour shift but was told by management if there were no customers she had to punch out and punch back in when one arrived, thus not getting paid for the full 3 hour shift. She had to sit at a table in the... Read more »

Greg Mansell
Greg Mansell answered on Apr 8, 2020

The time spent waiting for customers is time that must be compensated. The employers failure to compensate for this time could result in violations of state and federal minimum wage laws and overtime laws.

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus

Am I allowed to collect unemployment if my doctor took me off of work due to my weak immune system with the coronavirus going on.

Greg Mansell
Greg Mansell answered on Apr 8, 2020

You are not unemployed so you would not qualify for unemployment. The Family First Coronavirus Response Act provides for paid sick leave and paid medical leave for employers with less than 500 employees.

Generally, the Act provides that covered employers must provide to all employees:...
Read more »

View More Answers

2 Answers | Asked in Employment Discrimination and Employment Law for Ohio on
Q: Am I able to sue my employer?

My employer texted me telling me that I need to keep my “damn” mouth shut about my pay (he has an open pay policy everyone knows about). He also said he’ll sleep just fine at night if my ungrateful attitude is gone forever. He told me that he would terminate me, “because in Ohio I don’t... Read more »

Greg Mansell
Greg Mansell answered on Apr 7, 2020

You're employers action may violate multiple laws. First, the Fair Labor Standards Act (FLSA) and Ohio Revised Code 4111 make it unlawful for an employer to retaliate against an employee for complaining about tip credits, minimum wage, or overtime pay. In addition, the National Labor Relations... Read more »

View More Answers

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 »

View More Answers

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 »

View More Answers

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.

View More Answers

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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.