Get free answers to your Employment Law legal questions from lawyers in your area.
In Utah they are suppose to pay you for vacation time as they would a wage unless they otherwise stated in contract. His old company is now saying it is their policy that they for-fit unused vacation. She then said they handed it out a year ago and that he never returned it. She said she still has... View More
answered on Dec 12, 2023
In Utah, the issue of whether a company must pay out accrued vacation time upon termination depends largely on the company's policy. If the company's policy clearly states that employees will forfeit unused vacation time upon termination, and this policy has been communicated to the... View More
F5 is factor 5 Owrens disease where my blood is missing the clotting antigen. My employer put me on desk work took away my fridays claiming to accomodate my disorder. I lost 1400.00 mo due to this "accommodation".
answered on Dec 6, 2023
Under the Americans with Disabilities Act (ADA), a disability is defined as a physical or mental impairment that substantially limits one or more major life activities. Specific antibody deficiency disorder and Factor V (F5) Owren's disease, given their impact on your health and potentially on... View More
The "employer" sent me a cashier's check from an online bank. I'm supposed to pay 2 of his bills, then take my pay and deposit it.
answered on Jul 18, 2024
When hired as a personal assistant, it's important to determine whether you're being classified as an employee or an independent contractor. If you're classified as an employee, you should receive a W-2 form from your employer, which details your wages and the taxes withheld. On the... View More
I work for insurance company, and I have Covid long haulers. I have an accommodation oh file to address my disability. I have some difficulty with cognition at times. I have done better recently and continue to improve with treatment. But my doctor states I will never be like I was before Covid. I... View More
answered on Jun 15, 2024
In Utah, employees with disabilities, including those caused by COVID long haulers, are protected under both state and federal laws. The Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodations for employees with disabilities. This includes making adjustments to... View More
There are signs that say bringing a firearm into the building is illegal, unless on "official business". If I am "performing the authorized duties and responsibilities of an employee’s position", is that not "official business"?
answered on Oct 15, 2023
Under Utah law, an individual with a valid concealed carry permit may generally carry a concealed firearm. However, specific properties, including certain governmental facilities, can prohibit firearms on their premises. The language about "official business" could be interpreted in... View More
I started working for a program that advertised and was written in my onboarding documents as paying 16 hours per day. They have since asked for the same level of comitment and hourly work but only will allow me to report 13 hours without getting approval beforehand for overtime. I never signed any... View More
answered on Oct 6, 2023
Hello,
Utah is an at-will employment state. Meaning that either one of you can terminate the employer/employee relationship at any time for any reason.
From your description, I am not sure if you are a 1099 employee or an actual employee. Unless you are on salary I don't see... View More
Dirty Dough has open case in "cookie wars" case, and I have been working with OSHA, eeoc and labor commissions on this and was encouraged to obtain counsel ASAP.
answered on Sep 28, 2023
For a case involving wrongful termination due to an allergic reaction to workplace chemicals, you would typically seek an employment lawyer with experience in wrongful termination and workplace discrimination cases.
They’re only changing my commission structure not hourly.
answered on Jul 31, 2023
In Utah, an employer generally has the right to change an employee's pay structure, including commission rates, with proper notice. However, the specific rules regarding notice and changes to pay can vary depending on the terms of the employment contract, any applicable collective bargaining... View More
answered on Jul 11, 2023
Once you have quit your job, you are generally no longer under any legal obligation to sign or agree to an employment handbook or any other employment-related documents. Employment handbooks typically outline policies and guidelines for current employees, and your resignation typically ends your... View More
My employer refuses to give me any assignments when I can see the multiple positions online. I went on unemployment because of this and they threatened to terminate me. My unemployment just ran out. This has been going on for 6 months now. I just reached out again after seeing a few more positions... View More
answered on Jun 13, 2023
Whether you can pursue a legal claim in this situation depends on two things: (1) whether there actually is work available for you; and (2) if so, why you aren't being selected to perform it. If you suspect the company is passing you over for available jobs due to a protected class... View More
I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.
answered on May 30, 2023
You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.
If you are just using the word "contract" as a... View More
Employer gave us the option of "quit or relocate" and the relocation package offer has a term stating they'll only pay for relocation expenses (minus taxes) 30 days after they receive a copy of the signed lease. I'm located in UT. Company is in CA.
answered on May 23, 2023
You don't really get "pay" for relocating, it could be a job benefit to receive expenses for relocation. It would not be proper for any employer, CA or UT to withhold your wages for failing to provide proof of a lease agreement. Wages are earned for work performed, not relocation.... View More
I cannot do my job correctly working from a cubicle and that’s why they had me work from home in the first place. Now there is new management and they think they can do my job better than me.
answered on Mar 30, 2023
More information would be needed in order to effectively answer your question. Can you not perform you work correctly in house because of a disability? if that were the case, you may be able to attempt to get reasonable accommodations. If you just prefer to work at home and they are requiring you... View More
I received a letter stating I can make payments on repaying a sign on bonus back they gave me the information to put on the check but never told me where to send it or anything like that, I’ve reached out multiple times and received no response what actions do I need to take on either paying them... View More
answered on Sep 23, 2022
If you are obilated to pay back the signing bonus, just go to their website or look up their business on the state business registration website https://secure.utah.gov/bes/index.html and send a certified check in the mail to their address.
Just because they haven't responded... View More
When lightning is reported within a certain number of miles, employees are prohibited from leaving the building until no strikes have been recorded for 30 minutes. They are told they cannot go home if this happens at the end of shift and are also prohibited from using restroom facilities which are... View More
answered on Jul 1, 2022
So many issues.
"Is it legal?" is a loaded question. There is nothing specifically illegal about having a policy in place. Employers can make a policy about nearly anything and employees may choose to follow the policy, seek other employment, or ignore the policy and risk... View More
For background, I cohabitate(d) with my girlfriend and her parents. With my termination, this supervisor notified my girlfriend’s parents before I had the opportunity to repose & break the news myself (this is in the span of less than 24 hours.) This has resulted in my displacement from their... View More
answered on Sep 21, 2021
You should consult with an attorney in Utah. Each state has different laws regarding communications with others. If someone says or writes something false, the publisher can be held liable for damages caused by the defamation of character (libel or slander). Many states also allow a cause of... View More
I work at a residential addiction treatment facility in Utah. I work less than 24 hours per day. One or two nights per week I am required to do a "sleep shift". A 9.25 hour period in which I am required to sleep at the facility in case of an emergency with any of the clients. The thinking... View More
answered on Nov 18, 2020
Assuming you work less than 24 hours per day during your sleep shifts (i.e. normal shift + sleep shift = less than 24 hours total), then your employer must abide by the minimum wage and overtime requirements of the FLSA. The federal and Utah minimum wage is $7.25 per hour, so your pay for the sleep... View More
During the COVID-19 pandemic, workers are required to pass through a medical checkpoint to answer a questionnaire and have their temperatures checked. Workers must then walk 10-30 minutes from the checkpoint to their "start" area and must be there at 7AM to be officially clocked in. I am... View More
answered on May 20, 2020
Both of these issues are governed by the Fair Labor Standards Act. Unpaid breaks of 30 minutes or more are permissible under the FLSA, so you need not be paid during your lunch breaks. Whether you should be paid for the time you spend in the medical checkpoint and walking to your work station is a... View More
I am a widower and my son has special needs so I’m wondering about my rights
answered on Apr 1, 2020
This depends on the size of your employer. The Families First Coronavirus Response Act takes effect today, April 1, 2020. Under the Act, employees who are required to stay home to care for children whose schools have been closed due to COVID-19 concerns are required to receive sick pay at 2/3 their... View More
Hi. I just started working with a company and they already performed urine test and mouth swab for preemployment and I passed both. However 2 days later another employee saw me in the car smoking something on a tinfoil. My question is, can the company ask me to drug test immediately without giving... View More
answered on Feb 7, 2020
Yes, your employer can require a drug test without notice based on reasonable suspicion.
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