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Hi. I am an archaeological field tech getting paid hourly and working in Washington State. I also receive a daily stipend. I am wondering if I am an exempt from overtime or will I receive it? I just started a new job.
answered on Oct 19, 2021
More information is needed here, but generally, if you are paid on an hourly basis, you should receive overtime pay for all hours worked in excess of 40 per week.
He’s not giving me my overtime pay as well, when I work 90-100 hrs every 2 weeks. Also when I ask for a pay stub I get nothing from him. This also isn’t just happening to me either. He fired someone for confronting him about it.
answered on Sep 30, 2021
It is illegal to retaliate against an employee for asking about their pay in good faith. You should keep your own written records of your hours worked to help document your claims for unpaid wages and overtime. In addition, you should put your pay concerns in writing to assist you with bringing a... View More
Employer also lied about how I stopped working for him.
answered on Sep 22, 2021
It is possibly retaliation, it is not possible to say based on the information you have provided. This sounds as though it was related to an unemployment insurance claim. You may need to obtain statements from witnesses or provide their contact information to whomever is investigating your... View More
answered on Sep 5, 2021
Both sides get the opportunity to call witnesses at trial. However, there are rules requiring disclosure in advance, so the other side can prepare.
answered on Aug 3, 2021
Try Googling Washington State Free Affidavit Form
You can go to the link below and copy the information, which is for a free self-proving affidavit for a last will and testament
https://freeaffidavitform.com/2011/05/free-washington-affidavit-forms.html
There is no guarantee... View More
When I said I would not do the work off the clock but would on the clock he didn’t reply to my text. I came in to my workplace the next day and he fired me.
answered on Jun 30, 2021
You should contact an employment law attorney in your area to discuss the details of your situation. It sounds like you may have a claim for retaliation under the Fair Labor Standards Act and/or state law.
I requested a raise from my employer 2 months ago as part of my annual performance review, after 4 years of working for them and receiving no merit increases for the past 3 years. In a company-wide email in April, HR said all performance reviews and merit increases would take effect by June 1,... View More
answered on Jun 23, 2021
Based on what you've described, there is no legal violation. Your employer is not legally obligated to give you a performance review or merit increase. If they chose to do so, they can implement the raise at any time of their choosing.
the harassment is both verbal abuse and sexual in nature. no physical sexual harassment so the recording would be audio
answered on Jun 16, 2021
Washington is a "two-party consent" state. That means it is unlawful to intercept or record a private phone call, in-person conversation, or electronic communication unless all parties to the communication consent.
Usually a decent job with benefits will offer you a different kind of contract right?
answered on Jun 1, 2021
Almost all positions are considered at-will. Regardless of whether your offer letter specifically states your position will be considered at-will, at-will employment status can be thought of as the "default" employment status that will apply even if the offer letter is silent on this.
My ADA job accommodation request to work from home was denied. There is currently a vacant job (job was vacant at the time of my ADA job accommodation request) that my peers currently work from home. I've applied for the job, but haven't heard back. Does my seniority and ADA job... View More
answered on Mar 31, 2021
Hi, more information is needed here. An accommodation request does not give you priority if the employer has a policy that an employee must apply for a vacant position and they are given the same opportunity as the other applicants. However, some courts have held the opposite, and the disabled... View More
answered on Mar 3, 2021
Hello, under the Americans with Disabilities Act, you likely do not have protection. However, your leave may be protected under the Family and Medical Leave Act "FMLA", you may have protection depending on the seriousness of the injury, the size of the employer, and other factors. I would... View More
The letter offers the position and the start date. I signed it and sent back to my HR department. Now they are pushing the start date back and saying first letter is not valid. In the letter there is no mention of changing hiring dates.
answered on Dec 1, 2020
Unfortunately, an offer letter is not a contract, meaning it is not legally binding. While it is inconvenient for you, your employer is permitted to push your start date back and issue a new letter with updated terms.
My position is being eliminated. I'm taking severance pay. Want to get it as pay not a gift with huge taxes taken. Can that be done?
answered on Nov 17, 2020
This seems strange. In a business context and where services are involved, it seems unlikely that any payment can be considered a gift. This sounds like taxable income to me. Regardless of how the employer treats it, you still have the responsibility to report all of your taxable income and if... View More
Can they chop up my wks on time card to get out of paying me overtime?
answered on Oct 26, 2020
Hi the employer can use whatever period it wants for the workweek and pay period. If you work more than 40 hours in that workweek, you should be paid overtime.
I received a termination email saying I executed confidentiality and invention assignment agreement from amazon.
What does this even mean? All I do is work and come home so I'm not this makes sense to me
answered on Oct 1, 2020
Termination Email sounds like termination from employment from Amazon. If you work or worked for Amazon then their terms of employment likely required you to retain in confidence and to assign any inventions you created to Amazon.
I live in Kirkland, WA and am not currently employed.
answered on Oct 4, 2020
A Washington attorney could advise best, but your post remains open for four weeks. From the brief description, it isn't clear what the matter involves, as it is posted across several categories. For starters, if you were injured (you posted under Personal Injury), you could reach out to... View More
answered on Aug 2, 2020
A Washington attorney could advise best but your question remains open for two weeks. Although you posted this under personal injury, it could be a more complex and fact-intensive setting than generic auto accident or slip and fall personal injury cases. If you contact an attorney, one of the first... View More
I am transgender, and stated that I am transitioning and would like to use my preferred name. They said they couldn't because their system would mess up when clocking in, despite using a numerical entry clock in. Furthermore, I was terminated the next day on the basis of I stated that I hoped... View More
answered on Jul 1, 2020
It sounds like you may have a claim for discrimination on the basis of sex in violation of Title VII. Additionally, if your employer was aware of your arthritis and your request for an accommodation, and failed to offer you a reasonable accommodation for your condition, you may have a claim under... View More
My employer restructured the business and eliminated my position. The separation agreement states in order to be paid out my severance and vacation, I must agree not retaliate or seek legal action against the company. I am an older employee with a 23 year work history. If I refuse to sign, can they... View More
answered on Jun 10, 2020
Yes. The employee handbook is not a binding contract. I would recommend reaching out to an employment attorney in your state for a consultation and/or severance review. During the meeting, you can discuss the circumstances surrounding the position elimination, whether or not you have any legal... View More
My employer cut my hours and days due to my "negative energy" aka my depression. It has never affected me with my clients but my coworkers were "concerned" and told my manager who the district leader told her to cut my hours without talking to me before doing so.
answered on Jun 10, 2020
I would recommend reaching out to an employment attorney in your state for a consultation. Your depression may qualify as a disability under the Americans with Disabilities Act, so an adverse employment action (pay cut, termination, etc.) taken on the basis of your depression may be unlawful.
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