Your current state is Virginia
I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... Read more »
answered on Oct 7, 2022
Workers compensation is the exclusive remedy for health problems incurred on the job. So no, probably not. See an attorney who specializes in worker compensation.
I'm basically wondering if I'll be able to keep my license active and sell real estate part time while working as an assessor and eventually an appraiser for Pulaski County or not.
answered on Oct 6, 2022
Contact your State Regulatory Agency which licenses real estate agents and ask them.
Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.
answered on Oct 6, 2022
You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to... Read more »
I am an independent contractor from the Philippines and my employer is a US citizen who has not paid for $2500 and more than 30 days past due. I need assistance in reference to the unsettled payment and corresponding charges for damages and other fees.
answered on Oct 5, 2022
Workers Compensation IS NOT a remedy for Independent Contractors. Wage Claims are NOT covered by the Workers Compensation Act of the Labor Code. (It sounds like it would, but it's just for employees who get physically hurt performing their job.) If you are an Independent Contractor, you... Read more »
I moved States for a new job. When I signed the offer letter I also signed the companies vaccination policy (1st and 2nd Shot) and was in full compliance. Now I moved, already working and suddenly HR asks for my vaccination card again. Shortly after I received an email saying they mistakingly had... Read more »
answered on Oct 5, 2022
The employer is within its right to ask you to get a booster shot. If your refuse, you may be terminated. Best of luck.
If the agreed start date is already set. Can I force them to stay firm on it and start me on payroll? They keep changing my start dates and this is the sixth time they’ve done so.
answered on Oct 5, 2022
Probably not. Unless you have a guaranteed start date in a contract that is not part of an at will employment relationship, the employer has the right to change the terms and conditions of your employment - including your start date - at any time and for any reason or even no reason at all.... Read more »
I worked for a property management company in California that required me to be available 24hrs a day and would not allow me to post hours of operation. I worked an average of 10 hrs per day and my husband worked 5hrs per day. However they only gave us 110 hrs per month. We obviously worked more... Read more »
answered on Oct 5, 2022
Your own oral testimony, percipient witness testimony, cell phone or text messaging data, we have even used an employee's mobile phone tracking software. Be creative. Keep in mind that if the employer failed to keep accurate time records, then your testimony will be presumed to be accurate.... Read more »
We are in Texas and the employee was temporarily working in Massachusetts
answered on Oct 5, 2022
The minimum wage in the place where the work was performed is the applicable wage rate.
I work in a bistro restaurant
answered on Oct 5, 2022
Employers are permitted to require their employees to take 30+ minute unpaid breaks. However, if you are required to perform any work during this 30 minute break period, such that it isn't an "uninterrupted" break, you generally need to be paid for the break time.
On the stub rate of pay says salary The hours for 2 weeks say 80 but the employee worked a 105 hours. The owner paid $6.98 for a 105 hours And the employee did not get time and a 1/2 for overtime
answered on Oct 5, 2022
Generally no. There are certain standards an employer must meet in order to prove their employees can be properly paid on a salary basis. If these standards aren't met, then employees must be paid overtime for all hours worked in excess of 40 in a week.
I am on my final days with an agency. So I found out I had certain health issues and discussed my possible resignation with the agency. The person in charge stated that if I wanted to consider staying on board for 10 hours a week so that I had time to take care of myself and continue to work. I... Read more »
answered on Oct 4, 2022
More information is needed. Speak with a local employment law attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
I am on my final days with an agency. So I found out I had certain health issues and discussed my possible resignation with the agency. The person in charge stated that if I wanted to consider staying on board for 10 hours a week so that I had time to take care of myself and continue to work. I... Read more »
answered on Oct 4, 2022
More needs to be known about your situation to determine if the employer has violated the law. This area of law is very fact-specific.
Generally, an employer has the right to change the terms and conditions of the job at any time and for any reason or even no reason at all. However, it... Read more »
answered on Oct 4, 2022
No. Not really. The reason for such a box is for employee suggestions, not employee complaints. If you have a complaint that you want to make, do so directly to your supervisor or the HR department. Suggestions will be shared with people within the company to determine the viability and... Read more »
Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.
answered on Oct 4, 2022
Good morning. Based on the information you provided, I am assuming a former employee submitted bogus driving records and when that was discovered, was fired and subsequently has been defaming the company. If that is the case, it sounds like there might be a potential defamation case but suing... Read more »
I work as a manager and mechanic at an auto shop; the new owners are not willing to pay me my current rate to do a different job, or match my pay through other means. Do I have any options? I was not informed by the previous owner that I was to be expecting a change of ownership or pay, and was due... Read more »
answered on Oct 4, 2022
Do you have a contract and what does the contract say? If you do not have a contract then you are considered an at will employee and as such the (new) employer can dictate the terms as long as it does not violate the law. Should you have specific questions, and/or if you have a contact, then I... Read more »
I am talking about a unemployment claim
answered on Oct 3, 2022
Not more than 15 days, so get off the Internet and find a lawyer to help you file the appeal.
I accidentally crack said window while on the clock, moving chairs around.
answered on Oct 3, 2022
The short answer is no, they cannot. If they dock your compensation to pay for the cracked window they are making an unlawful deduction.
I have filed FMLA paperwork with my employer (School District employee) asking to adjust my 8 hour day to 71/2 or 7 hour day and using my sick time to make up the difference. This is due to my eyesight and not being able to drive in the dark. HR has confirmed that I am eligible for protected leave.... Read more »
answered on Oct 2, 2022
If you are asking your employer to reduce your workday from 8 hours to 7 1/2 hours, then it is quote reasonable to reduce your pay to the hours worked.
You may want to consider asking your employer simply start your work day earlier, so you can still work 8 hours and get home before dark.
I am a contracted employee, hired to work 6 hours a day. My assigned schedule is for 6.5 hours. The half-hour is for a break I don't care to take or need.
As stated in my contract: Teacher Aides - The length of the work day for teacher aides shall be as follows: for aides... Read more »
answered on Oct 1, 2022
New York law requires employers to provide most employees a thirty-minute meal break when working more than six hours a day. See https://dol.ny.gov/day-rest-and-meal-periods. Since you state that you are working no more than six hours a day (and if you are not occasionally working over six hours a... Read more »
Everyone has their share of mistakes, we do not live in a perfect world. Out of my years of work, I have never had a manager use that statement, against me. She is an HR manager, I feel very uncomfortable now. She also gave me a warning, Just want to know if there is a solution for this.
answered on Sep 30, 2022
Hi: I'm sorry for your situation feeling uncomfortable by the HR manager at work -- I appreciate that frustration. If you feel uncomfortable, you can always voice that to a different individual within the HR department. Also, to be sure, the law would be triggered here if the HR manager said... Read 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.
