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answered on Jan 16, 2025

The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More

Yes, it is. Paid holidays are a discretionary employee benefit. Private employers can decide to pay employees for holidays or not. Some union agreement can contain provisions requiring the payment for holidays or even premium wages if you work a holiday, so if you are in a union, speak to your... View More

If you applied, interviewed, and signed a contract for a part-time position at your current location only, you are generally not obligated to work at another location unless you agree to a new contract. Review your original contract carefully to confirm its terms. Politely but firmly inform HR that... View More

I'm so sorry to hear about your employment issues and health problems.

You may want to try this first - you can file a complaint with a WA State agency for free: https://www.lni.wa.gov/workers-rights/workplace-complaints/worker-rights-complaints

Your former employer is... View More

Because you were injured on the job, you should consider speaking with a Workers Compensation attorney to address any medical costs and your pain and possible future effects on your body from the incident. You can also report the safety violation to OSHA if you wish to do so to prevent future... View More

This is a tricky area when discussing job applications requesting information of past convictions. You state that the Disorderly Conduct violation conviction was sealed [that should be confirmed with the court to make sure it was done]. The Legal Action Center in NYC advises what to do in the... View More

A worker is an employee if the purchaser of that worker's service has the right to direct or control the worker, both as to the final results and as to the details of when, where, and how the work is done. Control need not actually be exercised; rather, if the service recipient has the right... View More

In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change the terms of your employment including the classification. However, to be properly classified as an exempt employee you must be paid at least double the... View More

Your employer is incorrect. The salary threshold is based on a 40 hour week, not a part-time week.

The Department of Labor and Industries provides a chart showing the required minimum weekly earnings at:

https://www.lni.wa.gov/forms-publications/f700-207-000.pdf

I'm sorry to hear about your salary issues. Generally, there is definitely a minimum wage in WA, with very few exceptions (such as restaurant servers). You can read all the details on this page, and if you believe that your employer is wrong, you can file a complaint here, too. Also,... View More

There is no "good" or "right" answer to your question. If you tell your employer that you even accidentally consumed THC under the mistaken impression it was a psychedelic, and your employer has a zero tolerance or drug-free policy, or your job involves the operation of... View More

You can ask, but they may not give it to you. However, if you have suffered discrimination based on pregnancy, you must file a charge with the EEOC within 180 days of the discriminatory action. If you do not, you will lose your legal rights. Also, if you sign a severance agreement it will contain a... View More

If you have sick leave accumulated, the employer should only be deducting from your sick leave if you are out sick. If you have no sick leave accumulated or run out, then you can draw on your accumulated PTO. Your employer can not require you to use PTO for sick, when you have accumulated sick... View More

I'm so very sorry you're going through this. I have a lifetime of employment discrimination/sexual harassment experience, even before law school (I was a discrimination investigator at the Washington State Human Rights Commission).

First, write out a timeline for your... View More

A non-compete agreement can restrict your ability to move to a different company in Texas. It depends on whether the non-compete agreement itself is legally enforceable under the Covenants Not to Complete Act and whether the work you will be doing for the new company violates the terms of your... View More

I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you... View More

Check your agreement with the prior owner, the prior owner should be required to defend and indemnify you for claims that arose prior to the purchase.

If purchased the assets only and not the business, you may have a defense there.

Further, you will need to hire a lawyer to defend... View More

Yes, hosts and bussers can share in the tip pool as long as they are in the chain of service, which includes seating customers, cleaning tables, delivering drinks and preparing food, provided the percentages are reasonable. Managers, owners and supervisors are not allowed to participate in the tip... View More

If you believe you're being treated unfairly or retaliated against at work after reporting safety concerns, let’s break down what’s happening and explore your options. Washington State has laws in place to protect employees in situations like yours, so you may have recourse.... View More

You should contact a lawyer who practices in the area of employment law in or near the county where you work. Typically speaking, if your employer has enough employees to be covered by the applicable statutes, and you can show that your bipolar disorder qualifies as a bona fide disability, your... View More