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Employment Law Questions & Answers
Q: painting contractor refused to pay travel time despite 1-4 hrs of travel each day, would this be a valid claim?
Mr. Michael O. Stevens' answer
For back pay you can go back six years, two or three if there is overtime. This does assume we are talking about travel time between sites, not commute time.
There would also be a penalty wage owed, plus he would have to pay attorneys fees if you have an attorney go after him. Well worth at least talking to an employment law attorney in your area.
For back pay you can go back six years, two or three if there is overtime. This does assume we are talking about travel time between sites, not commute time.
There would also be a penalty wage owed, plus he would have to pay attorneys fees if you have an attorney go after him. Well worth at least talking to an employment law attorney in your area.
Q: Need a attorney for a denial from from Calpers industrial disability application
Timur Akpinar's answer
I do not practice in California but your question remains open for three weeks. A consultation with an attorney in your state who handles disability claims should be able to provide guidance with the denial.
Tim Akpinar
I do not practice in California but your question remains open for three weeks. A consultation with an attorney in your state who handles disability claims should be able to provide guidance with the denial.
Tim Akpinar
Q: What happens to a business if the sole proprietor goes to prison for sexual misconduct with a minor?
1 Answer
| Asked
in
Criminal Law, Employment Law and Federal Crimes
for
Ohio
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
Matthew Williams' answer
Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.
Technically, nothing. But a business without someone at the helm is seriously endangered. I would suggest you all get together with the owner and a lawyer to ensure the business operations will pass on to someone trusted. Obviously, the boss here needs a lawyer for the criminal side too.
Q: Worked as a "per diem" physician at Kaiser. Injured in parking lot after shift. Worker's Comp vs peronal injury?
4 Answers
| Asked
in
Employment Law and Workers' Compensation
for
California
on
Answered on Nov 14, 2018
Answered on Nov 14, 2018
William John Light's answer
Workers comp is a virtually guaranteed recovery. Even though you were off work, being injured in the parking lot will be considered.
Alternatively, PI claim will also be possible. Recovery is less certain, but larger. I don't believe that both claims will be allowed so you will have to choose. If you choose PI, and it is determined that your claim is barred by workers comp., you should then be allowed to pursue the workers comp claim.
Take photos of the area of the fall,...
Workers comp is a virtually guaranteed recovery. Even though you were off work, being injured in the parking lot will be considered.
Alternatively, PI claim will also be possible. Recovery is less certain, but larger. I don't believe that both claims will be allowed so you will have to choose. If you choose PI, and it is determined that your claim is barred by workers comp., you should then be allowed to pursue the workers comp claim.
Take photos of the area of the fall,...
Q: Employer forgot to process change in direct deposit, deposit went to wrong (negative) account, won’t reverse. Can I sue?
Mitchell Feldman's answer
As long as your employer paid you and the funds were delivered, I don't see a cause of action to "sue". You need to be paid for your work. If I understand, you had a negative balance account, and the back took the funds and applied to the balance owed. Thus, you have received the funds. IF you did not receive the funds, then you have not been paid and have a right to pursue recovery of the wages.
As long as your employer paid you and the funds were delivered, I don't see a cause of action to "sue". You need to be paid for your work. If I understand, you had a negative balance account, and the back took the funds and applied to the balance owed. Thus, you have received the funds. IF you did not receive the funds, then you have not been paid and have a right to pursue recovery of the wages.
Q: The regional manager DIR called me to say she instructed personal from the commissioner office not to address me anymore
1 Answer
| Asked
in
Personal Injury, Employment Law and Gov & Administrative Law
for
California
on
Answered on Nov 13, 2018
Answered on Nov 13, 2018
Dale S. Gribow's answer
much more info needed.
don't you have a private lawyer protecting your interests? if not do so asap
much more info needed.
don't you have a private lawyer protecting your interests? if not do so asap
Q: Does my employer in Illinois need to pay out my PTO....WARN act?
James G. Ahlberg's answer
If you're not reporting back, I'm not sure how your "last day is 1/7/19." It sounds like you've already been separated from your employment. I am answering this question on the premise that you PTO is equivalent to vacation and could be used as such. Section 5 of the Illinois Wage Payment and collection Act provides as follows:
"Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the...
If you're not reporting back, I'm not sure how your "last day is 1/7/19." It sounds like you've already been separated from your employment. I am answering this question on the premise that you PTO is equivalent to vacation and could be used as such. Section 5 of the Illinois Wage Payment and collection Act provides as follows:
"Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the...
Q: I'm pregnant and approx. 8 weeks from my due date. My boss has just started cutting my hours to lower my disability pay.
Emre Polat Esq.'s answer
Consider a consultation for a case evaluation. There could potentially be claims for pregnancy related violations.
Consider a consultation for a case evaluation. There could potentially be claims for pregnancy related violations.
Q: Is it legal for a company to mandate you stay on the premises when you are clocked out and not on standby?
2 Answers
| Asked
in
Business Law, Employment Law and Workers' Compensation
for
Oregon
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Mr. Michael O. Stevens' answer
While there are sometimes exceptions in federal law to home healthcare, which I'm not sure if there are in this instance, usually if someone is required to be at work they have to be paid. Contact BOLI.
While there are sometimes exceptions in federal law to home healthcare, which I'm not sure if there are in this instance, usually if someone is required to be at work they have to be paid. Contact BOLI.
Q: Maryland sick/safe law, can you be forceto use your accrued PTO?
Joseph D. Allen's answer
As long as the employer's overall PTO policy provides the minimum sick/safe leave, they can require the employee to use earned PTO. However, if the employer does not set aside leave that can only be used for sick/safe purposes, the DLLR guidance states that it "strongly encourages such employers to advise employees that sick and safe leave is covered by the existing PTO the employer provides and that any additional sick and safe leave will not be provided." But based on your question, it...
As long as the employer's overall PTO policy provides the minimum sick/safe leave, they can require the employee to use earned PTO. However, if the employer does not set aside leave that can only be used for sick/safe purposes, the DLLR guidance states that it "strongly encourages such employers to advise employees that sick and safe leave is covered by the existing PTO the employer provides and that any additional sick and safe leave will not be provided." But based on your question, it...
Q: cruiseline job. Received medical certificate fit for duty with restriction of "near coastal water" defined as 200 miles
2 Answers
| Asked
in
Employment Law and Admiralty / Maritime
for
Michigan
on
Answered on Nov 12, 2018
Answered on Nov 12, 2018
Brent T. Geers' answer
Unlikely, but I suppose it's worth it to consult with an employment law attorney. Quite likely, the terms of employment with a cruise line include you being certified for "worldwide" service. If you must remain within 200 miles, you are not available for worldwide use, and I am unsure they would have an obligation to hire you solely for any cruises that don't exceed 200 miles.
Unlikely, but I suppose it's worth it to consult with an employment law attorney. Quite likely, the terms of employment with a cruise line include you being certified for "worldwide" service. If you must remain within 200 miles, you are not available for worldwide use, and I am unsure they would have an obligation to hire you solely for any cruises that don't exceed 200 miles.
Q: Can an HR director who quit discuss the salaries of current employees of the company that the HR director left?
V. Jonas Urba's answer
No. Unless the company did not take measures to protect the information it is generally a trade secret and even under common law protected. The question should be who has standing to sue and what are the damages to that interested party?
No. Unless the company did not take measures to protect the information it is generally a trade secret and even under common law protected. The question should be who has standing to sue and what are the damages to that interested party?
Q: Foster parent mistreating their adopted 17 year old. Enslaving her to do his business for very minimum pay.
1 Answer
| Asked
in
Adoption, Employment Law, Family Law and Sexual Harassment
for
Oklahoma
on
Answered on Nov 8, 2018
Answered on Nov 8, 2018
Jason Perkins' answer
If you feel that the child is being harmed you should contact DHS and speak with an attorney about what other options you have available.
If you feel that the child is being harmed you should contact DHS and speak with an attorney about what other options you have available.
Q: Can I sue my previous employer for harassment and emotional distress?
2 Answers
| Asked
in
Employment Discrimination, Employment Law, Libel & Slander and Personal Injury
for
California
on
Answered on Nov 7, 2018
Answered on Nov 7, 2018
Dale S. Gribow's answer
Much more info needed.
How long ago did this happen and when did you leave and under what circumstances.
You need to contact a labor law attorney.
This is not an area of law that i handle.
Much more info needed.
How long ago did this happen and when did you leave and under what circumstances.
You need to contact a labor law attorney.
This is not an area of law that i handle.
Q: Is NYC violating Education Law 3020 when they charge teachers without bringing charges to an Executive vote ?
V. Jonas Urba's answer
Seek a NYC education lawyer possibly from NELA NY's list of attorneys or the New York City Bar Association lawyer referral service. You want an attorney who is close to an expert on New York City Education Law which is highly technical. Good luck.
Seek a NYC education lawyer possibly from NELA NY's list of attorneys or the New York City Bar Association lawyer referral service. You want an attorney who is close to an expert on New York City Education Law which is highly technical. Good luck.
Q: I have a pending claim with the EEOC on my employer for wrongful termination. They offered 18500?
1 Answer
| Asked
in
Employment Discrimination and Employment Law
for
Tennessee
on
Answered on Nov 6, 2018
Answered on Nov 6, 2018
Mr. Kent Thomas Jones Esq.'s answer
Thanks for your question; however, it is impossible to tell you what to accept in settlement, because we don't know all of the facts. In 2002 and 2003, I practiced employment discrimination law exclusively. As I recall, if the case was very good, we would demand what a typical jury verdict would be. Sometimes the cases were worth nothing. Sometimes they were worth $10,000. Sometimes they were worth $400,000.
You really need to consult with a local employment discrimination...
Thanks for your question; however, it is impossible to tell you what to accept in settlement, because we don't know all of the facts. In 2002 and 2003, I practiced employment discrimination law exclusively. As I recall, if the case was very good, we would demand what a typical jury verdict would be. Sometimes the cases were worth nothing. Sometimes they were worth $10,000. Sometimes they were worth $400,000.
You really need to consult with a local employment discrimination...
Q: I have a question about whether I can consider a "worker" an independent contractor vs employee.
Leonard R. Boyer's answer
Your answer depends on whether the person is free to come and go as the please or is under your direct control. A 1099 employee is one that doesn't fall under normal employment classification rules. Independent contractors are 1099 employees. Instead of having a permanent worker that takes direction from the company, your business would use an independent contractor who works under their own guidance. The Internal Revenue Service uses a right-to-control test to assess a business' tax liability.
Your answer depends on whether the person is free to come and go as the please or is under your direct control. A 1099 employee is one that doesn't fall under normal employment classification rules. Independent contractors are 1099 employees. Instead of having a permanent worker that takes direction from the company, your business would use an independent contractor who works under their own guidance. The Internal Revenue Service uses a right-to-control test to assess a business' tax liability.
Q: Im a security guard. my boss is tryin to make me get a shot at a hospital but i dont want the shot. ( TB Shot )
1 Answer
| Asked
in
Employment Law and Employment Discrimination
for
California
on
Answered on Nov 2, 2018
Answered on Nov 2, 2018
Eric Gene Young's answer
California law requires that employees working in certain facilities be routinely tested for TB and to be free of the bacteria that causes TB, meaning the law can also require you to undergo a treatment regimen for TB if you test positive. Hospitals, schools, and community colleges are three such facilities that can require a TB shot and treatment as a condition of employment. TB is a serious, communicable disease that can kill people, particularly those who are already sick and in a...
California law requires that employees working in certain facilities be routinely tested for TB and to be free of the bacteria that causes TB, meaning the law can also require you to undergo a treatment regimen for TB if you test positive. Hospitals, schools, and community colleges are three such facilities that can require a TB shot and treatment as a condition of employment. TB is a serious, communicable disease that can kill people, particularly those who are already sick and in a...
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