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Employment Law Questions & Answers
0 Answers | Asked in Employment Law for Pennsylvania on
Q: My job wants us to be on call and be within 30min of our place of employment. Will this Violate FLSA Act?

We would have to keep a cell phone on us and anytime it goes off we would need to respond within 30min. They also do not want to compensate us for the time we are on call and restrict our movements to be within 30min of our job location. My question is would this violate the FLSA Act since they are... View More

0 Answers | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I work at a school and did not get a raise the last two years while every other employee did. Is this legal?

I am a daycare director, I have many years of experience and was hired at $16/hour. For two years in a row now every single hourly employee (and salary) including my own assistants have received a raise and been added to the schools pipeline EXCEPT for my position. Not only is it not recognized by... View More

2 Answers | Asked in Employment Law for California on
Q: My job laid us off on 11/18 but we worked a full shift that day and didn’t receive a paycheck for that day until 12/6?

We had received notice of an involuntary separation due to position elimination and we were laid off 11/18 and they did pay us for the two weeks we worked prior on 11/18. But they didn’t pay us for the full shift we worked 11/18 until two weeks later. Is that legal or are they subject to... View More

Maya L. Serkova
Maya L. Serkova
answered on Dec 16, 2024

Employees who are discharged must be paid all wages due at the time of termination. A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you are made to wait for the final... View More

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0 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: My boss is targeting me and has told a coworker that he hates me, wishes he could push me down stairs and fire me. Help!

My performance reviews are outstanding.

There is a grace period at my job but my boss specifically targets me whenever I am 2 minutes into the grace period stating the grace period only applies to payroll. He makes negative comments to other employees about me. Even going as far as the... View More

1 Answer | Asked in Employment Law and Education Law for California on
Q: If I am trying to break a teaching contract midyear, and I have no misconduct or disciplinary action on my record.

I work at Pacific Palisades Charter High School. My contract I signed doesn't have a termination clause. The collective bargaining agreement and Employee Handbook say nothing in regards to leaving mid-year. I am a probationary teacher. It says that I am at-will, but since I am trying to leave... View More

James L. Arrasmith
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answered on Dec 16, 2024

From your description of working at Pacific Palisades Charter High School, being at-will and having no specific termination clause gives you more flexibility in this situation. While breaking a teaching contract mid-year is generally discouraged, California's Education Code doesn't... View More

0 Answers | Asked in Employment Law and Health Care Law for Florida on
Q: As a nurse, my boss asked me to access her file so she could see her recent Xray that was done at a different office.

We have a large network of doctors and hospitals in our company. My boss was standing next to me when the xray was pulled up, and I did not look at the xray. The company IT system flagged this and my boss's manager called her asking why I accessed her records. My boss told her that she asked... View More

2 Answers | Asked in Contracts, Employment Law, Personal Injury and Legal Malpractice for California on
Q: What are my options? In 2012, I was forced to resign from my government position due to discrimination and safety threat

I filed a complaint with the Office of Resolution Management (ORM), which ruled in my favor. The agency offered remedies, but I declined. In 2014, I hired an attorney to pursue a lawsuit after exhausting the EEOC process. However, the attorney filed and withdrew the case twice, falsely claiming it... View More

Neil Pedersen
Neil Pedersen
answered on Dec 16, 2024

Any employment claim you may have had has been lost to the statute of limitations. Any malpractice claim has likely also been lost to the statute of limitations, but before that conclusion can be reached, you will need to get specific confidential advice from an attorney who practices legal... View More

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0 Answers | Asked in Employment Law and Admiralty / Maritime on
Q: I would like to know if seafarers accrue leave whilst on annual leave and within a notice period at the same time.

Vessel is commercial, registered under Cayman Islands flag. Seafarer accrues 90 days per year whilst the statutory entitlement is only 38 days in accordance with MLC / Catman regs. Their notice and leave is running concurrently - resigned on leave and won’t return to the vessel.

1 Answer | Asked in Employment Law for California on
Q: A non-profit sports park in CA, part-time youth employees, who would like to allow to accept and pool tips.

If we follow CA tip laws, can we do this?

James L. Arrasmith
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answered on Dec 16, 2024

California law allows tip pooling arrangements when implemented correctly. For your non-profit sports park, you can establish a tip pooling system among part-time youth employees if they regularly receive tips from customers during their normal course of work.

The key requirements you must...
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1 Answer | Asked in Employment Law for North Carolina on
Q: My employer paid me a stipend for an educational training and is now asking me to pay that stipend back.

I did not sign documentation agreeing to any certain terms with the stipend, yet my employer is claiming since I am not remaining employed for 2 years post-training I will have to repay the stipend amount. I have recently put in my 1 month notice to end employment. She is threatening to sue me for... View More

Kirton M. Madison
Kirton M. Madison
answered on Dec 16, 2024

In NC, your employee agreement, if there is one in place, will usually dictate whether you must repay the stipend to your employer. If the contract is silent on this matter, be sure the agreement does not incorporate an employee handbook or another document that informs employees of their... View More

0 Answers | Asked in Employment Law for Ohio on
Q: I work in a different state than where I live, which states parent leave laws apply to me?

I live in Ohio, but work for a company based in Illinois. Both states have different parental leave laws. Which states laws would apply here? The state where I live or the state my employer is based?

0 Answers | Asked in Employment Law and Employment Discrimination for Idaho on
Q: How to get my employer to stop false deductions?

I work for Amazon Pharmacy. I do have a disability and just returned to work from leave. My pay checks have been 0.00 due to additional deductions. I have no arrears balance for benefits this has been confirmed but my pay continues to receive these extra deductions. This has happened a few times... View More

0 Answers | Asked in Employment Law and Employment Discrimination for Colorado on
Q: I'm denied UI due to a positive drug test - employer policy. I deny having drugs and can show 2 add'tl test. case law

Employer did not reach out to talk about circumstances at all! I immediately took 2 more test at a more repitable lab, both negative! I am appealing for original UI benefits that I did not pursue due to attorney pursuing work comp first. looking for case law relating to improper termination as... View More

1 Answer | Asked in Employment Law and Admiralty / Maritime on
Q: Do seafarers accrue annual leave whilst on paid leave (holiday) under Cayman Islands Flag State law?

No further information or contractual provisions to consider

Masoud Jahani
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answered on Dec 16, 2024

Under Cayman Islands flag state law, seafarers do not accrue annual leave while on paid leave (holiday). According to the provisions outlined in "Benedict on Admiralty," justified absences from work, such as holidays, are not considered as annual leave DOC. No. 9-1A MARITIME LABOUR... View More

Q: I got charged with a misdemeanor of marijuana and I had back ground checks done for work which I did not get

Cause on back ground it showed a felony of meth. I do not at all do that drug and my family has seen ity community and it has been hard to get work or place to live housing and it is hurting my image what can I do can I sue

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 15, 2024

You can request your criminal record. I would consult with a local attorney to find out why it is on your record and whether he/she can get it off if it is false.

1 Answer | Asked in Criminal Law and Employment Law for Georgia on
Q: I need an attorney to defend me and get me cleared of all charges of something I didn’t do and had nothing to do with

I was charged with lying to an officer, cruelty to children all because I took my girlfriend and her son to the doctor. Her son father gave the baby alcohol and I didn’t know it. I was in the police academy at the time and they fired me and arrested me for taking him to the hospital without any... View More

Anthony Kozycki
Anthony Kozycki
answered on Dec 16, 2024

These are obviously very serious charges, however, it sounds like you have a very valid case of innocence. Sadly, it is not uncommon for the police to cast their net too large and round up individuals who have not committed a crime. You need to find a defense lawyer that you trust to work through... View More

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: How can an international student convert his residence permit into work or any other?

I am an international student at the university in the USA; I have got time-limited residence permit for study-purpose and I have got 1 year left before graduation, but I'd rather not want to finish it and want to begin to work asap, but I can't because of my residence permit for... View More

James L. Arrasmith
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answered on Dec 14, 2024

As an international student, your options for staying in the US after studies depend on your current visa status and future plans.

If you're on an F-1 visa, you can apply for Optional Practical Training (OPT), which allows you to work in your field of study for up to 12 months after...
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