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Employment Law Questions & Answers
2 Answers | Asked in Employment Law for California on
Q: Can an offer be rescinded for not providing I-9 documentation within 3 days even if no work was performed?

If a candidate accepts a verbal offer and sets a start date but does not have I-9 documentation and doesn't not start work on the start date, can an employer rescind the offer or must they hold that offer open?

Jennifer Fu
Jennifer Fu answered on Sep 24, 2020

Generally speaking, California is an at-will employment state. This means an employer can terminate the employment with or without cause at any time, and vice versa. If the employee has not provided I-9 relevant supporting documentation, that would be cause to rescind your offer since he/she... Read more »

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1 Answer | Asked in Employment Law for New York on
Q: Is it legal for a company to avoid NYC minimum overtime exempt salary requirements by having an out of state address?

The company has an address in CT and rents office space in Manhattan where their NYC employees report to. Salaried employees get paid $25-$40K per year and do not get paid overtime. Employer rationale is that they are not a NYC employer because they're based in CT.

V. Jonas Urba
V. Jonas Urba answered on Sep 23, 2020

Sounds ridiculous.

Every employer who does business in New York State must comply with New York State's Labor Laws. Any employer who does business in New York City must comply with both New York State's and New York City's Labor Laws.

No full time employee earns less...
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1 Answer | Asked in Employment Law and Employment Discrimination for Michigan on
Q: Does my employer have to pay me holiday pay if I'm on leave under FFCRA?

I'm currently on leave under the FFCRA or expanded FLMA. Labor day fell during my leave and my employer is refusing to pay me for it and won't explain why. All I've been told is that they have less than 50 employees so they didn't have to participate in offering FMLA, and I... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi. Under the FFCRA, an employer with fewer than 500 employees is required to offer up to two weeks (80 hours) of paid sick leave at the employee's regular rate of pay if you are quarantined, or, at two-thirds your regular rate of pay if you are unable to work to care for a child whose school... Read more »

1 Answer | Asked in Elder Law, Employment Law and Nursing Home Abuse for Oregon on
Q: Can my boss (adult foster home) ask me to work 7 consecutive 24 hour shifts?

She owns 3 other adult foster homes and is very understaffed, she has asked me to work 7 consecutive 24 hour shifts I do get to sleep during the night though. I get paid $200 per 24 hour shift and while I would just quit there would be no one to cover my shifts and I can’t leave the residents... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 23, 2020

Hi, she can ask you to do that, yes. I think there is a minimum wage issue here that you may not realize. $200 divided by 24 hours = $8.33 per hour. It looks like Washington state's minimum wage is $12.00 per hour. I would reach out to an employment law attorney for a consultation if you are... Read more »

1 Answer | Asked in Employment Law for New York on
Q: As a job seeker, can I sue an employer who posts a discriminatory job posting?

I've encountered over a dozen so far. They ask for female _____ or a black or latinx _____ directly, for example. Some just say "preference for African American".

How the hell is this legal?

Is there no legal way to stop this blatant discrimination.

If I can... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 23, 2020

There certainly is. You copy the posting everywhere you find it. Then you apply for the position. If you meet the posted qualifications and you are not hired you have a claim.

FYI. There are professional plaintiffs out there who look for discriminatory postings around the country and...
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1 Answer | Asked in Employment Law for Virginia on
Q: How can UVA require me to work OT without it being in our policy manual and HR knowing nothing about "Pink Star Days"?

I work for UVA Medical Center and our department just implemented a new program called "Pink Star Days". These are day that I am required to be "On Call" from midnight until 7am, without pay and is overtime when called in.

The UVA HR dept does not have information on... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

Your employer is free to implement new policies, including on-call requirements, without prior warning and without a written department policy. You must be paid for time spent actually performing work if you are called in.

However, whether the entire on-call shift must be paid depends on...
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1 Answer | Asked in Employment Law, Business Law, Civil Rights and Employment Discrimination for Texas on
Q: How do I protect myself from employee retaliation after reporting my boss for racial discrimination?

I work for a technology recruiting company in Texas. One of the Managing Partners discriminates against potential candidates based on national origin (Indian nationals, specifically, but I have also witnessed discrimination against African-Americans and people of Asian decent). I feel he is a... Read more »

Carrie Dyer
Carrie Dyer answered on Sep 23, 2020

You should report the discriminatory actions of your boss to the Human Resources Department in writing. The HR department should then do an investigation into your complaints. The company, including the Managing Partner, is prohibited from retaliating against you for complaining about and... Read more »

1 Answer | Asked in Employment Law for Iowa on
Q: I live in Iowa my employer gives me a 15 and 20 minute paid break but takes a half hour out of my daily pay for a meal

break .IAM paid hourly .Is this leagal

Rhiannon Herbert
Rhiannon Herbert answered on Sep 23, 2020

The answer to this question depends on whether you are actually able to take the half-hour lunch break in addition to your 15 and 20-minute paid breaks. Breaks of 20 minutes or less must be paid, but breaks of half and hour or longer can be unpaid, as long as you are completely relieved of any work... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Maryland on
Q: if I was laid off from work, is it legal for the employers to put an ad out hiring for my same position?
Rhiannon Herbert
Rhiannon Herbert answered on Sep 23, 2020

There is nothing inherently unlawful about the above situation. Since Maryland is an at-will employment state, you can be laid off or terminated at any time and for any reason or no reason at all, as long as the reason isn't discriminatory. So in your situation, the answer to your question... Read more »

1 Answer | Asked in Employment Law for California on
Q: I feel i was wrongfully terminated

I feel i was wrongfully terminated from my work establishment for having alleged relations with a coworker

my spouse whom I am divorcing called my boss and accused me of having relations with a married coworker despite having no evidence. This in turn cost me my job and my coworker was able... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 22, 2020

The termination might be unfair, or based on untrue facts, or motivated by a jealous or angry ex, but none of those things make the termination unlawful. Wrongful termination only occurs when the termination can be proved to be done in violation of fundamental and long-standing public policy.... Read more »

2 Answers | Asked in Employment Law for California on
Q: I feel i was wrongfully terminated from my work establishment for having alleged relations with a coworker

my spouse whom I am divorcing called my boss and accused me of having relations with a married coworker despite having no evidence. This in turn cost me my job and my coworker was able to keep his job

Maurice Mandel II
Maurice Mandel II answered on Sep 22, 2020

You may have a case, depending on a number of facts. Was the co-worker also terminated? If not, you may have a gender discrimination/ gender favoritism lawsuit. You should speak with a local attorney (you are in Biloxi, MS?) who will be able to advise you about the law in your state. There are a... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I have several pre-existing conditions. I have requested to telecommute and been denied. What can I do?
Neil Pedersen
Neil Pedersen answered on Sep 22, 2020

If you have medical or other physical limitations that restrict your ability to work in the workplace, you should get a doctor's note indicating those restrictions and recommending that you be allowed to work from home. Present that note to your employer. If you work for an employer that... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for Missouri on
Q: Would an employer be in violation of MO statute 115.639 for terminating an employee that requires time off to vote?

9am-7pm was My scheduled shift . As I received a reminder the day of the primary election. I requested the last 90 Min of my shift off to vote. My Supervisor replied via IM “Who approved this?” I advised this is a request, then asked are you denying or approving, I didn’t get a response. As... Read more »

Ronald J. Eisenberg
Ronald J. Eisenberg answered on Sep 22, 2020

Below is the statute. Based on your recitation of the facts, I questin whether you complied with the requrement that "that request shall be made for such leave of absence prior to the day of election."

Three hours off work to vote--interference by employer a class four offense....
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2 Answers | Asked in Employment Law for California on
Q: I filed for unemployment in March was approved but still have no payment

Called for motnths to find out I needed to prove identify faxed and uploaded have had no response

Neil Pedersen
Neil Pedersen answered on Sep 22, 2020

That is a substantial delay. However there are no practical solutions to your problem other than to (1) continue to make diligent efforts to make actual voice contact with someone at the EDD to express your concerns and get answers and/or (2) continue to be patient. The EDD is overworked and... Read more »

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1 Answer | Asked in Employment Law for New York on
Q: I’m a gay male. My yearly salary is $3-6K (5-10%) less than my 2 female counterparts. Do I have a potential EPA case?

The company I work at is majority female run. My department head is female, my manager is female, and my counterparts are female. All HR personal are female. My title is the same as my female counter parts, as are my roles and responsibilities. My effort and performance is on par or better, and I... Read more »

V. Jonas Urba
V. Jonas Urba answered on Sep 22, 2020

Maybe. Your sexual orientation or identity makes no difference regarding the application of federal or state laws. You should discuss this issue with some employment lawyers in confidence. There are many different ways to approach it. Skilled employment lawyers may be able to help you.

2 Answers | Asked in Employment Law for California on
Q: I have a case and I forgot to file the FEHA, So what is going to happen to my case and the case I filed 3 years ago.
Neil Pedersen
Neil Pedersen answered on Sep 21, 2020

If you failed to exhaust your administrative remedies by not filing an administrative complaint with the Department of Fair Employment and Housing within one year of the event about which you wish to complain, and that one year has passed, you have lost your ability to file a lawsuit against your... Read more »

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1 Answer | Asked in Employment Law for New Jersey on
Q: My employer is asking for me to provide COVID test results, is this permitted under NJ law?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. 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.

1 Answer | Asked in Employment Law for Oregon on
Q: Can i legally be terminated from my job for being called out to fight wildfires during this conflagration here in oregon

I'm a wildland firefighter through a private Company and as of lately odf and uses has needing us to help out and I'm afraid I might lose my year around job over it

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 20, 2020

You may have protections: https://www.oregonlaws.org/ors/476.576

2 Answers | Asked in Employment Law, Elder Law and Nursing Home Abuse for California on
Q: Can I get fired/sued for alleged "conflict of interest" and/or "elderly abuse" for leasing resident's vacant home?

I'm a caregiver in an assisted living facility. Back in July 2020, one of the residents (in her 80's) mentioned about her vacant home and asked me if I wanted to lease it. I answered yes but told her my current lease ends November 30, 2020. She said her friend (her trust administrator)... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 19, 2020

Because of your position as a caregiver, any transaction that you have with one of your charges will have, at least, an "appearance" of impropriety or overreaching by you. This is whether the transaction is in fact, disadvantageous to the charge or not. On the other hand, if you are... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Can my employer require me to pay for a canceled airplane ticket?

Earlier this year I was supposed to travel for a training, paid for by my employer. The training and flight were cancelled. No refund was issued, but the airline did give me a non-transferable coupon for the amount of the flight. My employer wants to be paid back for the flight, even though I was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Sep 18, 2020

Give your employer the coupon, since that is the value you received for the cancelled flight. Since you did not receive money, IMO, you don't have to give him money. It is the employer's obligation to ensure his employees against expenses they incur in performing their duties. The code... Read more »

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