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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?
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.
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?
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... View More
Also if they have to pay me, will it be considered overtime?
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.
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... View More
I don't get paid any time I'm off waiting to come back. I work in Ohio. Is this legal?
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;... View More
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.
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... View More
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.
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... View More
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... View More
I work as a dishwasher at a local restaurant and my hourly pay for dishwashing is $10 an hour. I have trained to be a cook and am now working cooking shifts. The hourly rate for a cook is 13 dollars an hour. I trained for 2 days being a cook for $10; aside from that I have had 4 cooking shifts... View More
answered on Dec 16, 2019
Keep requesting that they make the change. There is no law that requires them to pay you a certain amount based on the job. They are only required to pay you minimum wage.
answered on Dec 12, 2019
This is not "fair" but it does not violate the law unless it is a pretext (cover up) for unlawful discrimination or retaliation. Additional options may apply if you are covered by a Collective Bargaining Agreement.
The practice owner goes back and forth if he likes me or not. Recently, he got rid of his old crew and I’m the last. Now, he is going over my boss’s authority trying to get me fired but they have no reason so they can’t. I’ve recently had to be put on nerve medicine due to the treatment. Is... View More
answered on Dec 12, 2019
It is not "okay" to use intimidation tactics but it may not be unlawful. If the treatment is based on your belonging to a protected class (eg. age, race, gender, religion, disability, national origin, etc.) then it become discrimination under Title VII and make potentially be a hostile... View More
answered on Nov 18, 2019
It sounds like something your employer put in manually. It is not a standard abbreviation used on paystubs. I would ask you HR department.
My former employer is withholding my wages for not returning my employee handbook. I’ve read the handbook front to back numerous times, it doesn’t state anything about being penalized for not returning it. I’ve also never signed anything or been verbally told otherwise on the matter
answered on Nov 6, 2019
This could violate the Fair Labor Standards Act if the deduction of wages results in you making less than minimum wage for all hours worked.
A coworker’s social media account was accessed by another employee on a work computer. Screenshots were taken by employee who was not intended recipient. They are being used against me in a disciplinary meeting. Neither of the intended parties gave permission for screenshots to be taken of... View More
answered on Nov 6, 2019
If you work for a private employer, yes. Your employer can take action. The employee who intercepted them, however, may have violated laws in how they were obtained.
Is it legal for an employer to:
1) agree on a raise & change of employment status but put it off for months?
2) misclassify an employee that works full time for all 12 months of the year as a seasonal employee?
3) deny PTO & sick time accrual due to misclassification... View More
answered on Nov 6, 2019
1) Yes. The relationship is at will so, in theory, you could quit at any point for the employer not doing what was promised.
2 and 3) More information is needed on what you were doing in the position. If you are full time, you should be entitled to the same benefits as other full time... View More
I approached my employer about picking up my own accounts and doing my own crowns. All I needed from him was to mill them. Everything else would have been done out of my house and would not have burdened him in any way. I offered him reimbursement for the milling. He said he did not like the idea... View More
answered on Nov 6, 2019
No legal recourse for you against your employer. If your employer does this work and you are competing while an employee, there may be legal recourse that your employer can take but that would depend on Wisconsin laws.
we get paid every 2 weeks
at the end of the 2 weeks I was shorted an hour due to this.
They paid me later for the time but then started rounding it up again even though the clock in time sheet that we can print shows the real time we clocked in we are not getting paid until 5am... View More
answered on Nov 6, 2019
A rounding practice that, over a period of time, results in a failure to compensate employees for all hours works violates the Fair Labor Standards Act (FLSA). This is federal law that is pursued in federal court and can be pursued by a law firm from out of state.
answered on Nov 6, 2019
It is not legal for your employer to withhold pay for more than 30 days. They are required to pay you minimum wages for ALL hours worked.
answered on Nov 6, 2019
You have a right to legal representation but not necessarily during your meetings with your company. Further analysis and information is needed to determine if this is violates public policy law.
I am being wrongfully accused of something with little to no investigation into the event, the school is just believing what a parent is claiming and going off of that w/o my side of it. They consulted w/ their lawyer who determined that I was a liability so they are recommending termination.... View More
answered on Nov 6, 2019
It would be best to get an employment lawyer that has experience in administrative hearings, board appeals, and hearings before the nurses' board.
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