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Questions Answered by Greg Mansell
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;...
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... 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 »

1 Answer | Asked in Employment Law for Ohio on
Q: I am not being paid the right hourly rate and have told my manager/gm and nothing seems to being done about it?

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... Read more »

Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Employment Law for Texas on
Q: fired because a customer says they did not sign the work order when they actually did
Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Employment Law and Employment Discrimination for Mississippi on
Q: Is it okay to be intimidated at the workplace

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... Read more »

Greg Mansell
Greg Mansell 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... Read more »

1 Answer | Asked in Employment Law and Insurance Defense for Ohio on
Q: On pay stub it ha F-LCBF mean
Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Employment Law for Minnesota on
Q: Can my former employer withhold wages for not returning my employee handbook?

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

Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Employment Law and Civil Rights for Alaska on
Q: Can a company use screenshots taken from a private message on social media to discipline an employee?

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... Read more »

Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Employment Law for New York on
Q: I think I am being taken advantage of at work. Do I have a case? More info below.

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... Read more »

Greg Mansell
Greg Mansell 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...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Wisconsin on
Q: I work in a dental lab,never signed a no compete,was fired for trying to do work on the side. Any legal recourse?

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... Read more »

Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Employment Law for Virginia on
Q: Our company just changed payroll companies. They just started rounding our start time to 5am even if we are there.

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... Read more »

Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Criminal Law and Employment Law for Ohio on
Q: Is it legal for a employer to not give me and my 2 friends our checks after they fired us and are pressing charges on us
Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for Ohio on
Q: I was placed on administrative leave because I asked for legal representation when talking to HR
Greg Mansell
Greg Mansell 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.

1 Answer | Asked in Education Law, Employment Discrimination, Employment Law and Health Care Law for Arkansas on
Q: Im a school nurse being wrongfully accused & terminated. Would be better to get employment or nursing/health lawyer?

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.... Read more »

Greg Mansell
Greg Mansell 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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