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Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Health Care Law for Florida on
Q: Can I sue my employer for causing me to get yeast infections?

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 »

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Employment Law, Real Estate Law and Business Law for Arkansas on
Q: Is there a conflict of interest for me as a "active" realtor to start a new job as assessor or appraiser for Pulaski Co?

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.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 6, 2022

Contact your State Regulatory Agency which licenses real estate agents and ask them.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New York on
Q: I have a swollen knee. I asked my boss if I can work from home and he said “he prefers me to come to the office”

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.

Brian Greben
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Brian Greben
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 »

2 Answers | Asked in Employment Law, Workers' Compensation and International Law for California on
Q: International Independent Contractor law for wage claim

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.

Nancy J. Wallace
Nancy J. Wallace
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 »

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2 Answers | Asked in Employment Law for California on
Q: Vaccination Policy

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 »

Maya L. Serkova
Maya L. Serkova
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.

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1 Answer | Asked in Contracts and Employment Law for California on
Q: Can I so no when my job wants to change my start date on my contract by requesting me to agree to additional addendums?

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.

Neil Pedersen
Neil Pedersen
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 »

1 Answer | Asked in Employment Law for California on
Q: What METHODS of proof should a non-exempt employee use to PROVE overtime hours worked - other than timesheets in CA?

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 »

Neil Pedersen
Neil Pedersen
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 »

1 Answer | Asked in Employment Law for Texas on
Q: Do I have to pay an employee the minimum wage in a different state that where I am located?

We are in Texas and the employee was temporarily working in Massachusetts

John Michael Frick
John Michael Frick
answered on Oct 5, 2022

The minimum wage in the place where the work was performed is the applicable wage rate.

1 Answer | Asked in Employment Law for Washington on
Q: Can you refuse an unpaid 30 minute break?

I work in a bistro restaurant

Rhiannon Herbert
Rhiannon Herbert
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.

1 Answer | Asked in Employment Law for Florida on
Q: Can an owner of a restaurant use the word salary on a paycheck stub to avoid paying overtime

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

Rhiannon Herbert
Rhiannon Herbert
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.

2 Answers | Asked in Employment Law for California on
Q: Can a company offer switch from to part time employment due to health issues. Then take back part time offer once accpe?

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 »

James R. Dickinson
James R. Dickinson
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.]

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2 Answers | Asked in Employment Law for California on
Q: Can a company offer switch from to part time employment due to health issues. Then take back part time offer once accpe?

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 »

Neil Pedersen
Neil Pedersen
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 »

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2 Answers | Asked in Employment Law for California on
Q: My employer created an anonymous suggestion box on our intranet. Are they held to that anonymity legally?
Neil Pedersen
Neil Pedersen
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 »

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1 Answer | Asked in Business Law and Employment Law for Massachusetts on
Q: What does the law say about an employee who lied on their application form or submitted fake qualification records?

Employee submitted fake driving records and was let go when real ones where obtained by HR. Company reputation was damaged.

William J. Amann
PREMIUM
William J. Amann
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 »

1 Answer | Asked in Employment Law for Louisiana on
Q: If the business that I managed was purchased by another owner, can they pay me less or change my position without consen

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 »

Randy Bryan Ligh
Randy Bryan Ligh
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 »

1 Answer | Asked in Appeals / Appellate Law, Employment Discrimination and Employment Law for Florida on
Q: How long does an employer have to file an appeal for a employee claim that was approved in the state of Florida?

I am talking about a unemployment claim

Bruce Alexander Minnick
Bruce Alexander Minnick
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.

2 Answers | Asked in Employment Law for New York on
Q: In NEW YORK, can my restaurant employer withhold my check and tips to pay for a window I accidentally cracked?

I accidentally crack said window while on the clock, moving chairs around.

Brian Greben
PREMIUM
Brian Greben
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.

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1 Answer | Asked in Employment Law for Washington on
Q: I am FMLA protected but my employer wants to cut my hours and pay when I'm out due to my disability. Is that legal?

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 »

Brad S Kane
Brad S Kane
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.

1 Answer | Asked in Employment Law for New York on
Q: If I only work 6 hours a day why do I have to work 6.5 for a break?

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 »

Christopher Marlborough
Christopher Marlborough PRO label
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 »

1 Answer | Asked in Employment Law for Florida on
Q: My manager called me into her office and said "I am frustrated with you". Is this a good statement?

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.

Brett Daniel Kaplan
Brett Daniel Kaplan
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 »

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