Absolutely not. An employer must pay an employee for all hours actually worked. While they can discipline an employee for failing to write down hours, they cannot refuse to pay you if you actually worked the hours. Please feel free to reach out if your rights have been violated:...View More
Unfortunately, you would not have standing to sue her employer because they do not owe a duty to you. Your wife could potentially bring a claim but an employment lawyer would need to know more of the facts.
I have been on Covid LOA since March. Today I received an email from Sedgwick (the company that takes care of all that) stating that my leave was closed because they were informed my employment ended (with Walmart) on 11/6/20. I wasn’t notified that this was going to happen or anything. Do I have... View More
You may have an argument that your continued leave was a reasonable accommodation under the Americans with Disabilities Act. You should contact an employment attorney in Indiana to go over the specifics of your leave and separation.
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...View More
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... View More
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.
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:...View More
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... View More
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...View More
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?
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.
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.
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... View More
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...View More
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.
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... View More
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...View More
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!
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.
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... View More
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...View More
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...View More
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...View More
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