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Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: Am I entitled to be paid overtime or not?

I am salaried employee at the large company but I have been working in the kitchen same like hourly cook because the short staff. The person who works same hours, they get $32/hour plus overtime but I don't get any overtime because I am salaried employees. Some month, I was not allowed to take... Read more »

Maya L. Serkova
Maya L. Serkova answered on Jan 20, 2022

To be properly classified as an exempt (salaried) employee, you must be paid at least double the minimum wage assuming a 40 hour workweek, must spend the majority of your time performing tasks that are considered executive, professional or administrative as those terms are defined in the Wage... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Kentucky on
Q: My employer is requiring work from home but not providing necessities to safely perform duties. This wasn’t required

when I took the job 3 1/2 years ago. It’s a huge world wide organization and there are other employees still working in office just not my department. Can they require me to take the hit financially by trying to wire in internet along with paying for a desk and chair, etc? A part of me feel that... Read more »

Timothy Denison
Timothy Denison answered on Jan 20, 2022

Yes. As long as they make reasonable accommodation for you to work from home.

1 Answer | Asked in Employment Law for California on
Q: My employer wants me to pick up another employee because they live near my residence and take them to his house daily

I’m a salaried worker. Am I required to do so. I would be in my personal vehicle.

Brad S Kane
Brad S Kane answered on Jan 20, 2022

Your employer can require you to pick and drop off another employee, but you would entitled to be reimbursement for your mileage from the employee's residence to the office and back to the employee's home.

If you refuse, your employer can terminate you.

1 Answer | Asked in Employment Law for Florida on
Q: I work for a store in south Florida. My company is a large clothing retailer. Before the Supreme Court OSHA decision,

we were given an onboard vaccination status section to fill out by January 29. Besides the uploading of card and questions about dates of vaccine and booster for those who have opted to take vaccinations, there is a question for those who have not.

It gives 3 options to answer for why not:... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Jan 20, 2022

Under Fla. Stat. § 381.00317, a private employer may not impose a vaccine mandate unless the employees are allowed to opt out on the basis of 5 separate reasons:

- Medical reasons (including pregnancy & anticipated future pregnancy)

- Religious reasons (including moral or...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Can California salaried employees be asked to come to work while on bonding leave?

Also, can employees who are salaried be retaliated against for exercising their FMLA rights while on bonding leave? Is there a written law/code to reference any answers and gather more information?

Brad S Kane
Brad S Kane answered on Jan 19, 2022

Both the California Family Rights Act and Federal Family Medical Leave Act prohibit retaliation against employees who take medical leave - provided they qualify for protected leave by working at least 1 year, working at least 1250 hours in the prior year and the employer has at least 50 employees... Read more »

1 Answer | Asked in Employment Law for California on
Q: I quit my job in CA and have not received my last check within 72 hours. Am I entitled to penalty pay?
Brad S Kane
Brad S Kane answered on Jan 19, 2022

Yes. If you resigned, you must be paid within 72 hours. After that time, you should be entitled to an additional day's pay for each day late up to a max of 30 days waiting time penalties.

1 Answer | Asked in Employment Law for California on
Q: If workplace retaliation isn't discovered until after the statute of limitations has passed, is it no longer actionable?

For example, if I started receiving less work and was led to believe it was just because I wasn't suited, but long after I find out that my superiors started telling people not to pick me up for assignments after I made a harassment complaint, would I be responsible for not knowing?

Brad S Kane
Brad S Kane answered on Jan 19, 2022

You have 3 years to request a right to sue letter from the last act of retaliation and then 1 year to file suit under the Fair Employment and Housing Act. Statute of limitations are complex and there are possible theories to extend the statute of limitations. You should consult with an employment... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on

I had set up an savings accont on the side with my boss to put half my wage on my check and the other in what he called a "nest egg" savings. We had this agreement for years, no problems what so ever.wheni went to California I took $5000 out of my savings so knew that I had money in my... Read more »

Brad S Kane
Brad S Kane answered on Jan 19, 2022

If you have written documentation, including wage stubs showing that you earned the money and the employer put part of your pay in a "savings account" for you, then likely have claims for fraud, breach of contract, conversion and unfair business practices. Unfair business practices... Read more »

1 Answer | Asked in Employment Law for Texas on
Q: If HR notifies an employee of the amount of PTO they can they come back later and change it?

I'm a cancer patient. I sent an email to my HR rep asking if she had calculated my PTO. Her reply was you have 28.69 days. I was told I could use them in connection with flma which was required. 4 days later I'm told that I don't have any and the coming Friday will be the last... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 19, 2022

It sounds like there is some confusion within the HR department if you are getting conflicting information. Do you have a copy of the company handbook that explains the accrual of PTO? Are there other income options for you to consider while you're out on FMLA leave, such as short-term... Read more »

1 Answer | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination on
Q: I have a right to sue letter from the EEOC. Is it possible to have an attorney fill out the form without signing it?

I will sign it and do not need to know who filled it out. I can submit documentation or breakdown the charge for filing. This is an employment issue in regards to working for The State of Alabama (twenty-three years) age/gender discrimination for wrongful termination. Based on pretext, the state... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 19, 2022

It's unclear what you are asking. If you have a right-to-sue letter from the EEOC, you need to ensure you file a lawsuit within 90 days of your receipt of the letter if you are intending to do so. You should contact an employment law attorney in your area as soon as possible to discuss your... Read more »

1 Answer | Asked in Employment Law for California on
Q: In California, what is considered a 'reasonable' cap on PTO accrual? How is reasonableness determined?

This is an updated question to be more clear about my situation:

My employer places a PTO accrual cap = annual accrual rate (120 hours). Once the annual earnings are met (120 hours) no PTO is accrued until the balance falls below the cap. Since most PTO is taken at the end of the year, I... Read more »

Brad S Kane
Brad S Kane answered on Jan 18, 2022

The PTO accrual cap does not have to reasonable. PTO is not required by law.

1 Answer | Asked in Employment Law for New York on
Q: Can a sick note that my doctor wrote on his prescription pad with all his information on it be rejected by my employer?

I recently got over a relatively bad case of covid and provided my employer with a doctors note. My doctor wrote it out on his prescription pad and gave it to me to submit. I was told today that “payroll” won’t accept a doctors note written on a prescription pad, meanwhile his prescription... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 18, 2022

If the note wasn't signed, that could be why the employer is questioning it. If that is not the case or your employer takes some adverse action due to you being out sick with Covid, you should talk with an employment lawyer.

1 Answer | Asked in Employment Law for Massachusetts on
Q: Can an employer in NH make a MA resident use vacation time instead of sick time when sick with Covid?

My husband lives in MA but works in NH. Can his employer make him use his vacation time if he's sick with Covid?

Rhiannon Herbert
Rhiannon Herbert answered on Jan 18, 2022

Yes. There are no laws that require employers to pay their employees for time off work for any reason (and additional COVID-19 laws that would apply to this situation expired in 2020), so if the employer offers any form of paid time off, it can require that it be used according to its own... Read more »

1 Answer | Asked in Employment Law on
Q: Is firing someone for asking questions about a specific role and salary illegal?

I was hired at an insurance firm for administration, however the broker I worked for recently promoted me to a much more difficult and work heavy position without my knowledge or consent. I had more responsibility but the same pay. When I asked him about my position more and possible salary... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Jan 18, 2022

While your situation sounds unfair, it is likely not unlawful. At-will employment states permit the employee or employer to terminate the employment relationship at any time and for any reason. As long the language in your employment contract does not alter this arrangement (which, based on your... Read more »

2 Answers | Asked in Employment Law and Business Law for New York on
Q: I have a small cleaning business in NY and I want to send people out to clean.

At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 17, 2022

They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.

If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts...
Read more »

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3 Answers | Asked in Employment Law for New Jersey on
Q: My employer is requiring everyone gets vaccinated against COVID but I recently heard SCOTUS denied President Biden's

Vaccine mandate. Based on this, can my employer still require my vaccination or weekly testing,?

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 16, 2022

Yes. Employers in NJ are allowed to require employees to get vaccinated as a condition of employment regardless of how the Supreme Court ruled in the OSHA case. They are required to make exceptions for those who can't get vaccinated for medical or religious reasons. Many health care employers... Read more »

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1 Answer | Asked in Employment Law for Maryland on
Q: Question regarding Maryland Sick and Safe act

Q: I reside in Pennsylvania but work in Maryland. I need clarification on Maryland Sick and Safe Leave

Roughly a year ago I started a non contract position at a firm located in Maryland.

Our firm employees roughly 32 people

Recently I hade to take time off for surgery.... Read more »

Mark Oakley
Mark Oakley answered on Jan 16, 2022

It depends on the number of employees. Read the details of the Act here:

1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer charge you for quitting?

They said we’re required to give 30 days notice and if we don’t, they’ll charge us $500.

Rebecca Hill
Rebecca Hill answered on Jan 14, 2022

There is not enough information here to fully answer your question. Do you have an employment contract that requires you to provide your employer with 30-days notice before ending your employment? Are you paid on an hourly basis? If you are an hourly employee and not a properly classified exempt... Read more »

1 Answer | Asked in Employment Law and Identity Theft for Pennsylvania on
Q: Is it legal for my local council members to be able to monitor everything I search/do on my computer as an employee?

I work in Monessen, PA

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

If it's the employer's computer they have a right of access. If you use it for personal things that is your risk. They can take the computer tomorrow, it's theirs. They can access the information any way they wish. It's theirs.

1 Answer | Asked in Employment Law for California on
Q: Hi. i used to work for a recent employer in june-july and i havent been paid still. Is there anything i can do?

I was fired in covid leave without being tested. I've contacted them for months and still have texts and screenshots of proof I was informed i had to already wait months because my check went to corporate.

Maya L. Serkova
Maya L. Serkova answered on Jan 13, 2022

Your former employer had a duty to have your final paycheck available for you at the normal place of business on the day you were terminated. A willful failure to timely pay your final paycheck can result in you receiving Waiting Time Penalties equal to one day of pay for each day you are made to... Read more »

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