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Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Business Law for California on
Q: Labor law questions. I Got Served a notice for missed payments and missed overtime. But I'm the new owner as of 2 years

I bought the restaurant 2 years ago and old employees working here sued the previous owner but the motive has my name on it. I made new corporation and I don't know the plaintiff.

Brad S Kane
Brad S Kane
answered on Dec 27, 2024

Check your agreement with the prior owner, the prior owner should be required to defend and indemnify you for claims that arose prior to the purchase.

If purchased the assets only and not the business, you may have a defense there.

Further, you will need to hire a lawyer to defend...
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0 Answers | Asked in Employment Law for Alabama on
Q: How can I determine if I am misclassified by my employer and owed unpaid overtime?

I recently ended my time with a small business and upon my exit I brought to the owners attention that I believe I was misclassified and owed unpaid overtime. I submitted to the owner why I believe I was misclassified and why even offered a salary the job compensation and responsibilities do not... View More

0 Answers | Asked in Employment Law and Employment Discrimination for Maryland on
Q: I was demoted and removed from my department because of an investigation that my former first line supervisor prompted

Which I have proof that I’m being retaliated against. Now he went to my new supervisor and told him to tell me to stop coming to the department which I go and visit my coworkers on my breaks. What is that called? Is that harassment?

0 Answers | Asked in Employment Law for Indiana on
Q: Can an employer prohibit religious items in work area?

My employer has no written policy about decorating your work area with personal items. Many people do this however I was told I couldn't have a Bible and picture of Jesus on my desk because it's offensive. I work for a large corporation in the construction industry located on Indiana.

2 Answers | Asked in Bankruptcy and Employment Law for Alabama on
Q: I worked at a trailer plant in Alabama and didn't get paid for 3 weeks of wages they filed chapter 7 bankruptcy SoNowWat
Timothy Denison
Timothy Denison
answered on Dec 26, 2024

File a claim for your unpaid wages in the bankruptcy action.

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0 Answers | Asked in Employment Law for Illinois on
Q: I have a question about an email about a class action law suit I am in about the payout I’m not understanding it

If the Settlement is approved, each Settlement Class Member will be entitled to a gross payment of approximately $1,300.00 out of the Settlement Fund, less deductions for settlement administration costs, attorneys’ fees and costs, and an incentive award to the Class Representative, or a net... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Employment Discrimination for Louisiana on
Q: How to find a contingency lawyer if you blew employer out the water in your rebuttal to their position statements

The lied and my copies I kept prove they didn't follow h.r. procedure and hid it not knowing I had copied which shows pretext

James L. Arrasmith
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answered on Jan 5, 2025

Start by researching attorneys who handle employment disputes and offer contingency fee arrangements. Look for those with a track record of success in cases involving HR procedures and employer misconduct. Online legal directories and reviews can provide insight into their reputation and... View More

0 Answers | Asked in Contracts, Criminal Law, Employment Law and Traffic Tickets for New York on
Q: Used the app subscription on uber and now TLC coming after us.

I’ve used app subscription to void small trips on Uber. The app itself was offering much more then voiding trips but I have not used them. uber blocked us and now TLC is sent us the settlement to plead guilty and take out TLC license away for a year or go to the hearing and if found guilty we... View More

1 Answer | Asked in Libel & Slander, Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: If a person works and lives on hotel premises, do they have the same rights as a guest or do they have different rights?

She is definitely being discriminated against for her gender and treated differently

James L. Arrasmith
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answered on Jan 5, 2025

When you work and live on hotel premises, your rights differ from those of guests. As an employee, you are entitled to specific workplace protections, including fair treatment and a safe environment. Employers must adhere to labor laws, which cover issues like working hours, wages, and... View More

0 Answers | Asked in Employment Law for Arizona on
Q: Arizona tip pooling laws, can a manager manipulate the tip pool to give one employee more money than another?

I work at a restaurant where we are part of a front of house tip pool. Yesterday, my manager got mad at me for chatting too much at work, however gave me no verbal warning and never communicated with me directly that she did not like my behavior. (To be clear - I was barely chatting and all of my... View More

3 Answers | Asked in Employment Law for California on
Q: Is it legal to tip from my food sales with busboys and hostess’s? They only help with drinks and busing tables.

Management deducts 20% to busboys and 8% to hostess’s from my paycheck. Their responsibilities are to bring customers drinks. I’m tipping out a percentage of my tips for the food sales but they do not serve or deliver the food. Is it legal for them to do this?

Brad S Kane
Brad S Kane
answered on Dec 24, 2024

Yes, hosts and bussers can share in the tip pool as long as they are in the chain of service, which includes seating customers, cleaning tables, delivering drinks and preparing food, provided the percentages are reasonable. Managers, owners and supervisors are not allowed to participate in the tip... View More

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2 Answers | Asked in Employment Law for California on
Q: Going to second hearing for employer not paying on time witness show history of this,could that increase my penalties

Fellow co workers one quit because they weren't paying on time. Employer denied claim so were going to second should I have witnesses prove not first time

Brad S Kane
Brad S Kane
answered on Dec 24, 2024

Having a former employee take their time to come testify on your behalf about suffering from the same complaints will likely increase your chances of winning. It is a good idea. Ask the witness to bring documentation of their complaints. (You should do the same.)

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2 Answers | Asked in Employment Law for California on
Q: I got a positive drug test which I am clean and the test was adulterated. What can i do?

I had an accident and someone came to the scene and tested me. She said the test would go to the employer and they would send it to the lab. The accident was on Dec 9 and I was fired by my employer then. I just got the call today from the lab.

Neil Pedersen
Neil Pedersen
answered on Dec 23, 2024

An employer is allowed to perform a post-accident drug test, and is allowed to rely upon the results, even if you dispute it, in making an employment decision. Your recourse, if any, is against the drug company who presumably messed up the test, not your employer. Sorry. Good luck to you.

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2 Answers | Asked in Civil Rights and Employment Law for Texas on
Q: What type of lawyer do I need in terms of a mental health disability and my job?

I have bipolar disorder and need to know if my job can be at risk because of it.

John Michael Frick
John Michael Frick
answered on Dec 23, 2024

You should contact a lawyer who practices in the area of employment law in or near the county where you work. Typically speaking, if your employer has enough employees to be covered by the applicable statutes, and you can show that your bipolar disorder qualifies as a bona fide disability, your... View More

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0 Answers | Asked in Employment Law for Connecticut on
Q: I am hired as an RN for day night rotating. I have a note restricting me from nights and they wont comply.

I have two night preceptors so I am sched nights only.

Went in to svt at work due to working rotating shifts and workmans comp denied it

1 Answer | Asked in Employment Law for Tennessee on
Q: I believe I was a victim of retaliation. I was terminated after I contacted the eeoc

This all started at the end of October 2024. I started getting written up for anything. I never had verbal warnings first. HR was the issue. It was one lady and she just kept picking at me. I expressed my concerns to my regional manager and the owners via email. They showed her my email and the... View More

Frank J. Steiner
Frank J. Steiner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2024

I agree, the facts that you presented, appear to show retaliation against you for a protected activity, so long as the employer knew that you filed an EEOC charge.

0 Answers | Asked in Employment Law for Washington on
Q: I have 21 years of continual insurance company employment in the state of WA (Farmers 15 yrs & AmFam 6 yrs)

I am being told that because my current employer re-branded from American Family Insurance to AFICS - AMERICAN FAMILY INSURANCE CLAIMS SERVICES (a servicing company, or parent company to all our subsidiary insurance companies i.e. American Family. The General, Homesite, MSA, Connect etc.) that I... View More

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