T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2023

If you have an employment contract that specifies the terms of your notice period, your employer generally cannot unilaterally change the date. If you're an at-will employee, the employer can technically let you go at any time, but changing the date after accepting your notice may be... View More

Well, in THEORY, the travel time is working time and your are entitled to be paid for it. In practice, the best thing for you to do is to discuss this with your employer beforehand and have an agreement as to how much you will be paid. Consider, how much would you have been paid if you were... View More

As long as you are completely relieved from any work duties during your 30-minute break, your employer can require you to remain in the building. If, however, your employer requires you to stay in the building because your break is frequently interrupted by performing work if needed, then you... View More

Elizabeth Fowler Lunn Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 9, 2022

Most LTD policies contain an offset provision for Social Security benefits.

Before you receive your SSDI benefits, the LTD company is paying the full benefit amount. If SSA then awards backpay for months that you were already getting the full payment amount for LTD, you generally owe them... View More

The Kansas Department of Labor enforces wage and hour laws in Kansas. Generally speaking, an employer cannot withhold wages for a purpose other than tax, Social Security, and Medicare withholdings or a garnishment pursuant to a court-ordered judgment without an agreement with the employee.... View More

If you miss one or more full work days, your employer can deduct this time from your pay as a salaried employee. However, your employer cannot deduct less than one full day from your pay, meaning if you work any part of a workday, you must be paid for the full day.

This issue sounds like a difference of interpretation in the language between you and your employer. You should contact a Kansas employment attorney to take a look at the specific language in your agreement.

Hello, more information is needed here. Are you paid hourly? The employer is required to pay you at least the minimum wage for all hours worked, and at a rate of one and one-half times your regular hourly rate for hours worked over 40. There may be an issue here if they are deducting hours in weeks... View More

Hi, more information is needed here. Your depression and ADHD may qualify as a disability under the Americans with Disabilities Act. It would be unlawful for your employer to discriminate against you on the basis of your disability (if it qualifies) or terminate you in retaliation requesting an... View More

Does your employer have less than 500 employees? The Families First Coronavirus Response Act requires employers with less than 500 employees to provide to all employees two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is unable to work because... View More

Hi, more information is needed here but it sounds like a law known as the Fair Credit Reporting Act "FCRA" is implicated here. Under the FCRA, an employer is required to provide the employee a copy of his background check (or "consumer report") and a summary of the... View More

Hi, an employer is required by federal law to pay you minimum wage for all hours worked. The employer is also required to pay you at an overtime premium rate of one and a half times your normal hourly rate for all hours worked over 40 in a work week. If you haven't been paid minimum wage... View More

Generally, in at-will employment states, employers may fire their employees for any reason or for no reason at all and need not provide you any opportunity to tell your side of the story. However, you may have a claim under the Americans with Disabilities Act ("ADA") here. But whether you... View More

I would reach out to an employment law attorney in your state for a consultation. In 2020, the Fair Labor Standards Act changed and required employers to pay employees a salary of at least $684 per week. In some circumstances, employers can deduct from your salary for a full day of work that was... View More

More information is required for a full analysis of your situation, thus, I would recommend reaching out to an employment law attorney in your state. However, the employer would not be required to pay you extra for the sleep time if you are properly classified as a salaried employee. An hourly... View More

Under the Fair Labor Standards Act, if an employee receives non-discretionary bonuses or other incentive payments at least once per year, then the employer can count those payments towards the employee’s weekly salary to determine whether the salary basis test of at least $684 per week is met.... View More

You may have a claim for disability discrimination under the Americans with Disabilities Act (ADA), but this largely depends on the required job duties for your position. To assert a successful ADA claim, you must be qualified for your job, meaning you must have been able to perform the essential... View More

A medical condition that qualifies as a disability under the Americans with Disabilities Act are protected from discrimination. A termination based on a qualifying disability would be unlawful. However, more facts about your situation are needed. I recommend reaching out to an Employment Law... View More

Employment agreements sometimes provide that, if a benefit is afforded at the early stage of the employment, and an employee leaves before having reached a certain anniversary, that the employee would repay the expense incurred for the benefit. Your question implies that your... View More