Everyone at my job was sent to work from home. However their temporary work from home equipment has been causing issues to where some workers cannot clock in. They are not paying workers even though it is a company issue.
Under the Fair Labor Standards Act, the general rule is that you must be paid for all hours you spend performing work for the company, but you need not be paid for time that you're not performing work. So, the answer to your question will depend on whether you still performed work on days you...Read more »
A Texas employment attorney could best advise, but your post remains open for four weeks. As a GENERAL matter for civil claims of MOST types, there will be a form called a release to memorialize terms of the settlement. I think that's what you're talking about. The release will outline...Read more »
I was furloughed for COVID 19, and my employer said for 2 months he couldn’t afford to call me back to work. All the men in my department were back and working the whole 2 months I was gone. Now he is offering me a lower pay rate and is putting me in another department, and replaced my shift with... Read more »
It sounds like you may have a claim for sex discrimination under Title VII of the Civil Rights Act of 1964. To establish this claim, you have to prove you were qualified for your original job, you suffered an adverse employment action (a pay cut or demotion to a less favorable or prestigious job...Read more »
He lied about fees and charges until he made up an advance pay that I never received or requested or signed for. I have all emails and texts where he had payroll and HR involved in the scam. All the time knowing I have a medical condition where stress is not recommend. He is out of state Indiana
Federal law requires an employer pay its employees at least the minimum wage for all hours worked. However, certain advances may be taken out of an employees' check and not result in a minimum wage violation. I would reach out to an employment law attorney in your state for a consultation and...Read more »
Your question does not provide enough detail to fully analyze this situation. The answer depends on whether you have an enforceable non-compete or non-solicitation agreement with your former employer. You should consult an employment attorney in your area for advice.
I was hurt late last summer as I fell/thrown off the side of a goose neck trailer. I was taken to a Concentra for a drug test not for my injury. I never went to the doctor thinking I was just bruised and also having no insurance. I also never said that my back was still hurting because of the... Read more »
I'm sorry for your ordeal. Unfortunately, it wouldn't be treated as a personal injury case because it looks like it took place in the course of employment. In terms of no insurance, if there was workers' comp if effect, that might have covered medical expenses. A WC attorney could...Read more »
And I dug up dirt in one of her rental houses backyard. The original agreement was to dig up and put back the dirt for some pipes for $500. She didn’t pay us anything the day we dug it up. My then coworker was unprofessional and harassed her with phone calls to get some form of payment. We went... Read more »
I was denied employment a few years ago due to my criminal history that is now sealed through an order of non-disclosure. Can the employer use this now that it is sealed? Should I attempted to reapply? Thank you.
The employer can continue to use any old records they might still have from your first application. If the employer uses data directly from Texas DPS then it usually only takes them a few weeks to stop reporting the case. However, most employers get background reports from third-party data...Read more »
A employee of mine got in a anothers co workers face. And launched verbal insults and threatened to hurt him and the employee he threatened punched him and pulled out a knife. quit and walked out citing fear for his life. . After calming down. Can I file charges against him or can he sue my... Read more »
I work for a hotel as manager with an L1 visa, due to corona virus we had to close until further notice, I tried to apply for unemployment benefits online but requires the alien registration number ( which I don’t have). Also I don’t want this to affect my migration status
It would depend on how the claims were framed, in terms of damages sought and claimants identified. Your post remains open for two weeks. You would need to contact an attorney in Texas if you wanted to discuss in further detail.
I am in Louisiana. My case is going into its final appeal because they made the decision before they saw any of my evidence that I faxed. My boss not only paid in $1,400 to an employee that was fired, which was part of my quarterly income, but then he skipped a quarter of my income. Then he paid me... Read more »
Most if not all states keep very close tabs on employers who "skip" paying payroll taxes; so the agency you are dealing with is now aware that your employer has violated state and federal laws, thus causing you (and other employees?) to be denied unemployment benefits. Because you...Read more »
The law requires an employer or other covered entity to reasonably accommodate an employee's religious beliefs or practices, unless doing so would cause more than a minimal burden on the operations of the employer's business. This means an employer may be required to make reasonable...Read more »
My daughter works in fast food and her hours have been cut. She was scheduled to work a 3 hour shift but was told by management if there were no customers she had to punch out and punch back in when one arrived, thus not getting paid for the full 3 hour shift. She had to sit at a table in the... Read more »
Your daughter may have a claim under the Fair Labor Standards Act. Whether this type of "waiting time" is compensable time depends on the particular circumstances. When an employee is "engaged to wait," the time spent waiting must be paid. If an employee is "waiting to...Read more »
My employer told those who qualified would receive pay from March 19th- April 2nd. We were just told today that we would not be receiving said pay the day before we would get paid. Just wondering if they actually can do that.
I would look at the promise to pay as a contract type of agreement. To have a legal contract there must be an offer and acceptance and "consideration". "Consideration" means that each party agrees to provide something of value to the other. This can be an affirmative offering...Read more »
I live in Houston and I work at the mall as a salesman. Because of the coronavirus, mall got closed and our store was closed too. And I don't know when mall will be reopen, therefore I applied for unemployment benefits. So, I want to know these Benefit does it affect on my Citizenship? ( I... Read more »
The receipt of public assistance such as unemployment benefits is not an automatic bar to naturalization if you have not engaged in unlawful behavior including committing fraud. However, USCIS may view the receipt of benefits as a factor regarding your “good moral character “. You may want to...Read more »
Several months after he died, I was notified that I was still benefcy of his BAC annuities fund. Surprised he hadn't changed this in 8 years since divorce, I called the BAC Intl to confirm details. It was the assisting clerk who noticed the date on a change-of-beneficiary form was the exact... Read more »
There might be both a civil and criminal case that comes out of this but I notice this question is marked for both Texas and Arkansas. The first thing you should do is figure out WHERE the forged document was USED and then re-post your question in just that one state, no matter where you are...Read more »
My fellow employees and I are having a dispute over compensable time while driving a company vehicle. We are granted access to a company website at 7:00 a.m. to see our routes. I clock in at this time to prepare my route (rearrange drive for optimization), attempt to remotely fix jobs/read notes to... Read more »
You should contact an employment lawyer in Texas. Your employer must start paying you when you start performing work that is “integral and indispensable” to the performance of your job. Based on what you stated in your inquiry, checking the website to get this information is 100% necessary for...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.