If as you say you are in a federal district court you need to know that federal court judges can decide motions without conducting a hearing-like they have to do in state courts.

So IMO, the most probable reason why there has been no action taken on the opponent's motion to stay is... View More

The short answer is "Yes." And so is the longer answer. Why?

Because Florida is an “at will” state, which means private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The... View More

When you need some type of relief for any situation arising during the proceedings, you first, in writing, seek agreement from opposing counsel, and if you don't amicably resolve the issue, you file a motion asking the Court to order the relief you seek. However, you would be very foolish to... View More

The question poses two issues: unpaid wages by an employer (regardless of immigration status), which I won't discuss, and the impact of work without authorization on a family-based petition. I will assume that you were granted lawful permanent resident status through marriage to a US citizen... View More

Yes, they can fire you for any number of reasons. Try to figure out how to become so important to your employer that they don't want to fire you.

You need to consult an attorney handling employment matters. Our firm (Tel. 954-919-5669) handles such matters, as do many other South Fla. firms. If you'd like to conduct a search for such firms, you could try the Justia "Find a Lawyer" tab, and you also have the option of... View More

This will depend on what your job is. The Fair Labor Standards Act is the federal law governing payment of wages, and it generally requires employees to be paid overtime for all hours worked over 40 in a workweek. However, there are exceptions for employees paid on a salary basis (i.e. you receive... View More

Yes.

I believe the requirement that owners keep their animals vaccinated would be Florida Statute 828.30. It doesn't appear to include any requirement that pet boarding facilities refuse to accept unvaccinated animals, and if there is that would be your boss's duty, not yours.

No, it's apparently not discrimination on the basis of race, sex, or other suspect classification. Other than that kind of discrimination, an employer can employ, or not employ, whoever the employer wants. And no, they don't have to pay you for, in effect, working multiple jobs at once.

No, not in Florida, the land of uncaring employers and landlords. Why?

Because Florida is an “at will” state, which means that private employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.”... View More

Yes, your employer can require you to answer phone calls after office hours, regardless of whether you have signed something agreeing to do so. However, whether you are entitled to be paid for this time is a different question. If you are not being paid for this time, you should contact an... View More

If your employer is requiring you to report a 30-minute lunch break, and is aware that you are not actually taking that lunch break, then your employer is violating the Fair Labor Standards Act and state wage and hour laws. You should contact an employment attorney in your area to discuss your... View More

Generally such agreements are enforceable. But you are asking for legal advice re a contract and document and as such you should review with an attorneys and get paid legal advice. Challenging it will require review and perhaps research and legal time and then specific legal advice. I suggest... View More

Yes, assuming that the company transports the employee (as opposed to public transportation such as a bus). The employee should be paid from when he punches in to when he punches out.

First, under wage law (Federal wage law since I am in CA and you are in FL), the employer cannot withhold your check under the circumstances you describe. Consult a local wage/hour attorney about that and whether, as in CA, there is a penalty provision or a labor commissioner you can file with.... View More

FYI, the school board has the first responsibility to investigate the incident because it occurred at the school where you work and where the child goes to school.

Advice: It sounds like you are are winning; so slow down and try to be happy about the favorable outcome in both the DCF... View More

By "unemployment", do you mean Unemployment Compensation (now known in Fla. as Reemployment Assistance)? That type of assistance is available only upon being terminated from employment (if not terminated due to misconduct) and is paid by the employer who terminated you. It is not... View More

It' probably not a significant question in Florida (or the rest of the country either, probably) because many cell phone plans include unlimited talk and data. So what do you want your employer to reimburse you for; your entire cell phone bill, including the cost of apps for which you had to... View More

Before what? Normally garnishment proceedings are instituted when a writ of garnishment is served on the employer; the employer would not know before that.