It's important to recognize that legal interpretations and implications of vaccine mandates for employment can vary and may be subject to debate. The Constitution and the Nuremberg Code serve as guiding principles, but their application to specific situations can be complex and nuanced. While...View More
She is claiming she will take our tips as punishment for not completing our jobs to her standard. She said because she doesn’t call us tipped employees that we aren’t even though we receive more than 30$ a month. I just don’t know what to do or if I can do anything about it legally
If your employee is unlawfully withholding tips from other employees based on her own standards and despite being shown evidence that contradicts her claims, you should take action to address the situation promptly. First, ensure that you have clear policies in place regarding tip distribution and...View More
They continue to tell me next week and pay me my $300 for the first half of my wages but are making no attempt to catch up the past due amount. They are using company funds to pay themselves and their expensences but refuse to pay me. They also have me listed as a 1099 when I should be listed as... View More
Facing a situation where your employer changed your pay structure and owes you $4,300 is concerning. Firstly, gather all relevant documents and communication regarding your employment, pay structure changes, and unpaid wages. This will be crucial in building your case.
I have reasonable belief that my employer discriminated against me while pregnant. My supervisor said "we paused on promotion to get you through your pregnancy" I made a complaint and have since then tried to gather evidence to protect myself as I am young and have never experienced this.... View More
Based on the description provided, it does sound like you may be experiencing retaliation as a result of your discrimination complaint. Retaliation occurs when an employer, through a manager or another employee, takes adverse action against an employee for engaging in a protected activity, such as...View More
In Colorado, employment law requires that hourly employees are entitled to a 30-minute meal break when working shifts that exceed five consecutive hours. This break must be duty-free, and if it cannot be provided, the employee must be paid for this time. In addition to the meal break, employees are...View More
You might have a claim based upon religious discrimination but any such claim will be hampered by the fact that Jehovah Witnesses, unlike some other Christian denominations, do not follow a strict "Sunday-Sabbath" rule which discourages members from working on Sundays as a part of their...View More
In Colorado, if you have been approved for Family and Medical Leave Act (FMLA) leave, your employer generally cannot discriminate against you or treat you unfavorably because of your FMLA status. However, the specifics of your situation may depend on a variety of factors, including the nature of...View More
My son was just about to finish his shift and told his supervisor he was about to leave for the day. The supervisor wanted him to stay, and when my son declined, the supervisor slapped him in the face (in front of another supervisor)—neither reported the incident. When he came home, I called the... View More
2nd, if this was during work hours by a supervisor acting in his supervisory capacity, it would be almost negligent not to look into the employer's liability. They may not be liable but there is a good chance they may be to an extent. You can...View More
An employee I supported was subjected to unlawful bullying and discrimination because she is Christian. I refused to participate in this behavior and verbally disagreed. I was issued a final written action notice and then terminated for no factual reason.
If you believe you were terminated in retaliation for speaking out against bullying and discrimination, you may have grounds for a wrongful termination claim. It's essential to consult with an employment attorney to evaluate the specific details of your case and determine if you have a valid claim.
You are confounding terms. An employer employs an employee. There are various laws and regulations that pertain to that relationship. A hirer hires an independent contractor. Different laws and regulations pertain to that relationship.
If you are an independent contractor, the terms of...View More
The issue is whether he is a Qualified Person with a Disability- able to perform the essential functions of his job. These facts certainly sound like the employer has violated the Federal ADA and possibly CO state laws too. He is entitled to a reasonable accommodation for a physical disability and...View More
Both Federal and State laws require employers to withhold taxes, including both your income withholding and the employee's portion of employment taxes (SS, UI, etc) and pay those taxes to the proper taxing agency, whether Federal or State. You need to discuss your situation with either an...View More
And I feel the collection process was that incorrectly we were the first into the office that morning and I was the first person to give a sample and there were probably eight people that went after me after I was done with my sample I left to smoke a cigarette and was outside across the street... View More
A Colorado attorney could advise best, but your question remains open for four weeks. Based on the details, it isn't clear what the consequences of the urine sample mix-up were. If it is something involving termination or suspension, then it's something that an employment attorney is...View More
I was in a car accident just before I was scheduled to start a new job. The insurance adjuster for the at-fault party is saying they do not owe lost wages due to it not resulting in job loss. Is this accurate?
It depends. Yes, those are often recoverable damages. The goal of personal injury law is to make the injured party "whole." In many if not most situations, that includes lost wages. But the particular facts of each case or claim require attention. You may want to call an attorney to...View More
I was hired by a company as an intern. I was then granted access to a percentage of my clients. At the start of 2022. My employer sent us a work agreement where he stated we had to agree to 40 hours in office + occasional nights and weekends. He then proceeded to pay us all year in 1099. Ive now... View More
If you were paid via 1099 and classified as an independent contractor, you should reach out to a Colorado employment attorney to discuss your situation in more detail. You may have been misclassified as an independent contractor when, in reality, you should have been classified as an employee...View More
Under the F1 visa, students are permitted to work in the United States, subject to specific conditions and guidelines outlined by the United States Citizenship and Immigration Service (USCIS). In order to maintain their status, F1 students must adhere to the terms and limitations of their visa....View More
I am an independent contractor in marketing and being asked by a company I work for to drive their representatives around in a rental car at a trade expo in Las Vegas that we will all be attending. They are reimbursing me for the car rental, but said since I am an independent contractor, I would... View More
A Texas or Colorado attorney could advise best, but your question remains open for three weeks. Until you're able to consult with a local attorney as to state-specific elements of law that might apply, independent contractors can usually set conditions as agreed, depending on the company....View More
Some direct support workers who provide in-home services to clients are “exempt” from the FLSA’s minimum wage and overtime laws, meaning their employer need not adhere to the FLSA’s minimum wage and overtime laws. This is called the “companionship exemption,” and it applies to workers...View More
Currently, I work for a company as an HR representative that does not have any employees, but only independent contractors. The owner recently implemented a new policy. This policy includes some points that i believe teeter along the lines of formal employment. For clarification, these independent... View More
Hello, your question is a very common one. This is not legal advice specific to your situation, but may be helpful as you continue to frame your question and seek a Labor & Employment Law attorney to help you.
In general, the IRS publishes a few resources to help businesses classify...View More
It's concerning that your identity and access to essential services have been compromised. To address the situation, you'll need to take proactive steps to resolve the issues with your identification and pursue justice for any violations of your rights. Start by contacting the relevant...View More
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