Get free answers to your Employment Law legal questions from lawyers in your area.
State of New Jersey Jurisdiction. The Employee acknowledges the time, efforts and resources the Company has and agrees to expend in Jurisdiction Employee. Employee understands that the Company is depending on the Employee to work on in-house or various Company projects and that the Company will... View More 
answered on Jan 12, 2021
The answer to this question would partly depend on the US state which governs employment and that states common or statutory rules on recouping liquated damages to which the US immigration law defers.
This is meant to set you on the right track, and not as comprehensive legal advise.
I am going out on maternity leave in mid-November and my company pays a bonus in December. They are stating because I won’t be an active employee I won’t receive the bonus at all. Yet others who went out on leave throughout the year and returned will get this bonus. Does this sound... View More
answered on Oct 30, 2020
Paying employees who are on a maternity leave less favorably or differently than employees who are not on such a leave can potentially support a claim for discrimination, retaliation and violation of wage and hour law. You should hire an employment lawyer for advice on your rights and the best... View More
Under EO 107, paragraphs 10 and 11 offices must provide telework options for employees where practicable.
With this EO in place today, October 15 2020, can an employer tell an employee who was working remotely that they must come into the office for one day per week, working remotely the... View More
answered on Oct 19, 2020
If an employee has a need to work from home for a medical reason (COVID-19 or otherwise) including pregnancy, to quarantine, to take care of a sick family member or to care for a child who has to participate in school at home, the employee could have rights to request a full work from home... View More
I seem to recall there is a certain percentage where if that is met, overtime needs to be paid
answered on Oct 21, 2020
I am not sure what you mean by "tasking." If you are properly classified as a salary exempt employee, then you would not be entitled to overtime regardless of the number of hours you work per week or the time you spend on certain tasks. However, you must be paid overtime for all hours... View More
located in NJ : Offer letter from employer states - must give 2 months notice , if not , you will have to pay 2 months salary .Is this legal ? the reason I ask is - I heard NJ is at will employment
answered on Oct 19, 2020
In New Jersey employment is at will unless there is a contract between the employee and the employer. You should consult an employment attorney to advise you on your employment documents. This answer does not constitute legal advice and is for information only.
I had an L visa. The lawyers hired by my spouse’s company were supposed to file an extension petition with the USCIS for me since we were to return home 2 weeks after my I-94 expiration. However, they did not file the petition properly. Therefore, the USCIS sent a Notice of Deficiency to them,... View More
answered on Oct 6, 2020
It would be worth your while to at least register a bar complaint against any attorney you feel acted in bad faith. As far as a lawsuit, your best bet would be to consult with an attorney regarding the facts in the case to get an idea if that would be effective.
answered on Sep 20, 2020
Much more information would be needed to be known to properly answer your questions such as where do you work. Obviously it would be important if you work at a nursing home.
for 35 years. Last year he said I would be receiving money at the beginning of this year. I haven’t received anything. I stayed home and raised our three kids, never asked for anything from him. Suddenly he won’t speak to me. Should I call his former company for information or should I hire... View More
answered on Aug 24, 2020
I gather you and he are not divorced. If you are not divorced, then the only way that you are going to share in his retirement benefits is if you file for divorce and as part of the divorce process, a qualified domestic relations order (QDRO) is entered in your favor, dividing his retirement... View More
NBOE staff started working remotely as of March 16, 2020. During this time, I developed an autoimmune condition. I have asked to work remotely until my health is stabilized and I'm not at high risk of contracting COVID-19. Currently, I'm seeing various specialists and I'm on various... View More
answered on Aug 19, 2020
It sounds like you may have a claim for failure to accommodate under the Americans with Disabilities Act ("ADA"). Disabled employees who work for companies with 15 or more employees are entitled to request reasonable accommodations from their employer. While your employer doesn't... View More
answered on Jul 22, 2020
If you have not been paid for hours you have worked, you should immediately report this to your employer in writing. If the issue is not addressed, you should reach out to an employment attorney in your area to discuss your options, as you may have a claim for unpaid wages under the Fair Labor... View More
This happened at a place of employment.
answered on Jul 14, 2020
Yes a statute of limitations does exist both for the criminal charges and the civil charges. Speak with a lawyer if you have been assaulted you may be entitled to a large recovery for your injuries.
answered on Jul 7, 2020
The Fair Labor Standards Act (the federal laws governing this situation) don't provide a lot of protection against this sort of issue. Under the FLSA, you need only be paid at least minimum wage for all hours of work you perform. So, while your situation sounds unfair, as long as you are still... View More
My job sent me Cobra Insurance with a notice of me being terminated, no one has called me, however I believe I'm being wrongfully terminated for being pregnant, as they are noe hiring for my exact position on Facebook. I want to find out if I can pursue legal action against them. I want to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 3, 2020
The facts that your present could support a pregnancy discrimination case. Prior to moving forward with any further communication with your former employer you should definitely consult with a lawyer. We would be happy to discuss your entire situation with you. Please contact our office.
I'm a full time employee. The company does provide holiday pay. our schedules change from week to week. if I wasn't scheduled to work on a holiday but others were, are they required to pay ALL employees the holiday pay or only the ones scheduled on that day?
answered on Jul 1, 2020
Generally, employers are not required to offer pay on days that you do not perform work. However, you should consult your employee manual or handbook and review your employer's policy regarding holiday pay or other paid time off (if it has one). Employers may set up their PTO policies in... View More
On 3/5 I was told to start working from home due to my immune system. Last week I was 1 of many asked to volunteer to resign. I don't plan on resigning. My Oncologist gave me a letter stating I'm not immune compromised since it's been 7 yrs that I'm in remission. When do I send... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 10, 2020
You should provide the doctor’s note to your employer as soon as you possibly can. Also, if you are eventually terminated, you should contact an experienced employment law attorney to evaluate all of the facts surrounding the termination as you may have a claim for perceived disability... View More
Due to COVID-19 the entire small business of 10 employees was put on furlough. My manager told me, "we can only ask you if you would like to volunteer and your job isn't in jeopardy." But later in the day, I get a call from the owner with thinly veiled comments that I might not be a... View More
answered on Apr 22, 2020
Under the Fair Labor Standards Act, you must be paid for all hours worked. If the work your employer is asking you to "volunteer" to perform for no pay is the same type of work you normally perform for pay, then you should be paid for this time and any other "volunteer" work... View More
We are a manufacturing facility deemed "ESSENTIAL" we want to gradually bring plant workers in as needed but I am confused as to what our rights are -
answered on Apr 22, 2020
EEOC guidance states that, because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions as of March 2020, employers may measure employees' body temperature. As with all medical information, the fact that an employee had a... View More
This comes one week after I informed them that I am pregnant and one week after they issued themselves $75000-$84000 bonuses. They claim my pay reduction from $60000 to $40000 (now only female and least paid employee) is due to a slow in business. They offered me 10000 shares if and when the... View More
answered on Mar 19, 2020
Reach out to an employment attorney in your state for a consultation. It sounds like this pay cut came right after you announced your pregnancy, and discrimination based on pregnancy is unlawful.
I'm a newly hired employee & during interview & my first few weeks of employment was confirmed that their Incident Management team in Sri Lanka was 24x7. I then found out that Incident Management on the weekends was handled via On-call rotation, which actually made them only 24x5. I... View More
answered on Mar 11, 2020
Your employer can typically alter your job duties and responsibilities at any time, including requiring you to partake in the weekend on-call and after-hours coverage. You should speak with an employment attorney if you have any concerns that you are being properly compensated for the on-call time... View More
HR and top management did nothing. I recently found out from one of the HR members that this same employee has multiple pending sexual harassment lawsuits against him and the company. Which our company is settling. I asked for this employee to be kept away from me if these allegations are true.... View More
answered on Feb 26, 2020
If the harassment is not sexual in nature, and is not based on your membership in a protected class (race, gender, age, etc.), then there is little protection available under the law. You should consult an employment attorney in your area to discuss the specific type of behavior to which the... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
