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1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for Texas on
Q: I was sexually harrased at 1st day of work I rented a room for a week and a half so he offered work for room and board

and $25 he showed me my 1st room to clean but it was already clean so I felt uncomfortable as it was because he kept coming in and out of room for towels soap etc but I needed the job. So he took me to a far in back.he never left room n kept saying sex sex for 25 but I SD no I need work money so he... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm so sorry to hear about your experience; it must have been incredibly traumatic. You should know that what happened to you is not your fault, and there are steps you can take to seek justice and support. Reporting the incident to local authorities is crucial as it can help prevent this... View More

1 Answer | Asked in Business Law and Employment Law for California on
Q: Running a business and working as an employee with the same employer ?

I work at a school as a teacher and want to start a side business of after school activities. I want to start these activities at the same school I am working at as an outside vendor. When I checked with the employer they said that they can’t do that since they can’t give a W2 and 1099 to the... View More

James L. Arrasmith
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answered on Jul 20, 2024

You can indeed explore running an after-school activities business at the same school where you work, but it's crucial to address the legal and contractual aspects. As your employer mentioned, they cannot issue both a W-2 and a 1099 to the same person due to tax regulations. However, your... View More

1 Answer | Asked in Employment Law for California on
Q: I did a couple jobs for a restaurant they never gave me what I ask and since my situation was very bad they gave me want

I stayed in the back of the restaurant n also work in the field in the back to pay for rent at the end she was getting mad if we use water my friend work for more than a year 12 hours every day 6 days a week n they only gave her 100 a day if she was late 30min only 80 I also worked in the... View More

James L. Arrasmith
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answered on Jul 20, 2024

You and your friend may be entitled to compensation for unpaid wages, meal and rest break violations, and other labor law violations. Under California law, employers must pay at least the minimum wage for all hours worked and provide proper breaks. The working conditions you described are not... View More

1 Answer | Asked in Contracts, Employment Law, Arbitration / Mediation Law and International Law for Texas on
Q: I am freelancer from Pakistan, working for a US firm. Employer is delaying my payments.

Hi, I am from Pakistan. In the field of IT I am working as a freelancer/contractor for many years now and most of my clients/employers are from the US. I signed a work agreement (payment by hourly basis) as Contractor with a US based resource company in November 2021. I have been getting all my... View More

James L. Arrasmith
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answered on Jul 20, 2024

It sounds like you’re dealing with a very frustrating situation. It's essential to address this issue promptly to ensure you receive the payments you’re owed. One option is to thoroughly review your contract to understand your rights and any clauses regarding late payments or dispute... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Texas on
Q: I was injured at work by the skid steer operate with a faulty lever that was not fixed by the employer.

I was told to clean the excess dirt off of a bucket from a skid steer and the operator maybe through negligence closed the claws on me crushing me resulting in trauma to left shoulder and chest. The machine that caused the accident has had a bad lever (responsible for closing and opening the claws... View More

John Michael Frick
John Michael Frick
answered on Jul 19, 2024

Receiving a Form 1099 instead of a Form W-2 is evidence that you were an independent contractor and not an employee, but in and of itself, it is not dispositive. Some companies misclassify employees as independent contractors to try to avoid having to withhold federal income tax and payroll taxes... View More

1 Answer | Asked in Health Care Law, Medical Malpractice and Employment Law for Alabama on
Q: i have a chain of custody issue with a drug screening done through quest diagnostic and also privacy issue

on May 15 2024 I had a drug screening through work quest diagnostics was the lab they use i did not receive my results until June 12 2024 due to being misplaced June the 15th i had a meeting and got fired for results that was wrong so what happened with my specimens also others have my toxicology... View More

John Michael Frick
John Michael Frick
answered on Jul 9, 2024

Typically, after a lab test is completed, any remaining specimen is discarded. If someone other than you, your employer, and the lab have a copy of your toxicology report, ask that person how they obtained it. You might need to report the lab or your employer for a HIPAA violation to HHS. They... View More

1 Answer | Asked in Employment Law for Ohio on
Q: Can my job require me to take FMLA, if an employee doing the same job in another state would not need to take FMLA?

Because I live within 50 miles of my company headquarters, I’m required to go into the office 2 days a week. I’ve no issue with going into the office, but my parent needs surgery and will need home supervision for a couple months. No one else is able to care for this parent. I’d like to work... View More

Kyle Anderson
Kyle Anderson
answered on Jul 9, 2024

The FMLA is a complicated statute, and it cannot be said with certainty whether or not what your employer is doing is "legal." I think there is a more viable, potential issue with discrimination by association under a certain provision of the ADA. I'd reach out for a consultation.

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I work as an employee for a small tutoring company. I am looking to resign and have questions about the contract.

My current contract is for a tutor as an employee. In my current contract, these are the only two provisions related to client payment and referrals:

Tutor agrees to accept no direct payment from clients (current and past) introduced by (company name) . All payments from clients will be... View More

Daniel Michael Luisi
Daniel Michael Luisi
answered on Jul 8, 2024

At the threshold, interpretation of contracts and their associated non-compete clauses requires a detailed analysis of the document, focusing on its language, its intended purposes, and its compliance with background law and public policy. It is really not possible to advise on the effect of a... View More

1 Answer | Asked in DUI / DWI, Gov & Administrative Law, Employment Law and Admiralty / Maritime for New York on
Q: Appealing Coast Guard decision

Hello, I was taking contaminated gummies and failed pre employment drug test. Please advise, I completed class and evaluation, Coast Guard took my credentials without any notifications.8

Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

It might be difficult to get guidance on this here - it's a narrow niche, even within the realm of maritime practitioners - most of whom don't work in this sector. There are some attorneys who handle Coast Guard credentialing and licensing issues involving Administrative Law Judges. You... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I’m a salary employee who works for corporate was forced to work on a paid holiday when everyone was off

I have worked for the company for 4 years and have received the same holidays off with pay I switched to a different department which is still part of corporate office. We was the only team who was forced to work.

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Businesses can legally open and staff on holidays. Unless you are subject to a union contract, individual employees are free to contract with their employer as they choose unless the specific matter is precluded by law.

3 Answers | Asked in Civil Litigation, Contracts and Employment Law for California on
Q: Can I sue someone if feel he brech contract on a settlement that both parties breached
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.

But since you're asking this question, it's a safe bet that you are a party to the...
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1 Answer | Asked in Libel & Slander and Employment Law for Texas on
Q: Can I sue an hr personnel that wrote a false intentional negligent statement in a email correspondence for defamation.

Their are multiple witnesses that collaborate to my statement. It cost me my job and she also lied about my right to fmal and workers compensation. It has caused me mental trauma. Was commented in a email with multiple managers.

Tim Akpinar
Tim Akpinar
answered on Jul 3, 2024

A Texas attorney could advise best, but your question remains open for three weeks. Depending on the nature of the statements, it's possible that an employment law attorney/WC attorney could have stronger insight into this than an ordinary defamation attorney who isn't familiar with the... View More

1 Answer | Asked in Employment Law for Texas on
Q: Is the owner of a subway franchise in Texas allowed to charge me $200 for failing a state inspection?

They just informed me today they will be deducting $200 from my paycheck in 2 days.

John Michael Frick
John Michael Frick
answered on Jul 2, 2024

It depends on your employment agreement. In Texas, an employer may not make deductions from an employee's paycheck unilaterally for anything other than federal income tax, social security, and Medicaid/Medicare.

If you signed an agreement authorizing your employer to deduct fines...
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1 Answer | Asked in Employment Law for Texas on
Q: Reading a new job contract: there's a “$500 per day” penalty for not giving a 30-day notice. Can a job do this?

I am a nurse practitioner, and this was in my new job contract. This is my first time seeing something like this. So I was curious if companies can do this.

John Michael Frick
John Michael Frick
answered on Jul 2, 2024

Most of the time, people can enter into a contract on any terms that are mutually agreeable unless they are illegal. Penalty clauses like this may be void as against public policy if they are excessive and not a reasonable forecast of the damages a party will sustain from a breach of the... View More

2 Answers | Asked in Tax Law and Employment Law for California on
Q: If I got a paycheck for doing work at a friend's company, and then wanted to give that friend a cash gift, is that ok?

Essentially I did work at a company and got paid by the company. I also want to give a gift to a friend. Would it raise any flags that the friend I want to give the gift to is also the owner of the company I worked for?

James L. Arrasmith
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answered on Jul 2, 2024

To answer this question, we need to consider several aspects of tax law and potential implications. Here's a breakdown of the key points:

1. Legitimate income:

First, it's important that the paycheck you received for work at your friend's company is legitimate income....
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2 Answers | Asked in Employment Law for California on
Q: ls it legal for employer to make employee take 30im break after working 4hrs

my son works at dominos and they want him to work 4hrs take 30 min lunch clock back in for 15 min the clock out for the day

James L. Arrasmith
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answered on Jul 2, 2024

In California, employers are required to provide a 30-minute meal break for employees who work more than 5 hours in a day. If the total work period is 5 hours or less, the meal break can be waived by mutual consent of both the employer and the employee. Since your son is working only 4 hours, he... View More

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2 Answers | Asked in Employment Law for California on
Q: ls it legal for employer to make employee take 30im break after working 4hrs

my son works at dominos and they want him to work 4hrs take 30 min lunch clock back in for 15 min the clock out for the day

Maurice Mandel II
Maurice Mandel II
answered on Jul 2, 2024

California Wage Law regarding fast food workers is located on the Labor Commissioner website, in the Wage Orders. Employees working with food fall under Order 5 – PUBLIC HOUSEKEEPING INDUSTRY. This wage order provides that two types of "break" are required: a "rest period"- on... View More

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1 Answer | Asked in International Law, Employment Law and Internet Law for California on
Q: possible scam,remote jobs,international,online transactions

So sorry for being so rude , I’m actually Chinese and live in china now. I have taken a remote job on this app called Upwor*Talent since June. I work for a company as their translator.

Oddly, they chose to work via telegram , but not on Upwor*Talent, where I was recruited.I was told that... View More

James L. Arrasmith
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answered on Jul 1, 2024

I'm sorry to hear about the situation you're in. Based on the details you've provided, this has several hallmarks of a common online job scam. Here are some key points and advice:

1. Red flags of a potential scam:

- Moving communication off the original platform...
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1 Answer | Asked in Arbitration / Mediation Law and Employment Law for North Carolina on
Q: Is there a way to get out of signing a mandatory arbitration agreement that the company I work for is giving employees

They won't fire employees for not signing but if we don't sign they will still give us a non-signature agreement. Most employees do not agree with these forms we are being forced to sign because too much bad happens in this company.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A North Carolina attorney could advise best, but your question remains open for a week. Until you are able to speak with an experienced employment attorney, such agreements are often "take it or leave it." It could depend on the industry, but in the maritime industry and a few other... View More

1 Answer | Asked in Employment Law, Public Benefits and Business Law for California on
Q: I have a question about about an EDD claim back in 2020. I am self employed and may have incorrectly filed the claim.

Back in 2020. I filed an unemployed claim but wasn't sure I was eligible since I was self employed and have my own S-Corp. I filled out the forms retroactively. I inadvertently told EDD that no income was received by me for those 2 retroactive months. After I hit submit, I realized that I was... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a complex situation that involves unemployment insurance claims, self-employment, and potential errors in reporting. Here's a breakdown of the key points and some general advice:

1. Potential incorrect filing: You filed an unemployment claim in 2020 as a self-employed...
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