Charles Joseph Stiegler's answer Generally, it is not legal for a company to require you to work without pay. There are some unique aspects to this rule given the government shutdown; however, even the government is required to pay people on time, and the shutdown does not excuse them from lawsuits for unpaid wages. I would need to know more details about the specifics of your claim to give a clear answer. I would suggest contacting a local employment attorney to discuss.
Charles Joseph Stiegler's answer That depends. Some unpaid overtime lawsuits are filed as "collective actions," which means that other co-workers can ask the court to join the suit. Other lawsuits are filed just on behalf of one individual. I would need to know more about your co-worker's lawsuit to answer this question.
Charles Joseph Stiegler's answer It is impossible to answer that question without more detailed information. Whether a manager is properly overtime exempts depends on several factors including: how much of his time he spends managing other employees, whether he has authority to hire or fire, the number of employees who he supervises, and the amount of discretion he has in running his department. For more information on the FLSA executive exemption to overtime pay, there is a link to my article below....
Charles Joseph Stiegler's answer This depends on the specific terms of your contract. It is impossible to give legal advice on a contract without reading it first, so you should contact a local employment attorney to discuss.
Charles Joseph Stiegler's answer Generally no. The only exception is the costs may be withheld from the last paycheck if the employee quits within the first 90 days of work, and there is a prior written agreement to that effect.
Douglas Lee Bryan's answer First, I have to ask the obvious question: If there's a warrant outstanding for this person, have you notified the police that they can arrest her at your place of employment? If so, why hasn't she been arrested? Second, at the very least, you may have a worker's compensation claim against your employer for any medical or psychological injuries and resulting treatment associated with the stressful situation at your job. If you can successfully show that your employer intentionally put the...
Charles Joseph Stiegler's answer There is not enough information here to give a certain answer. In most cases, employers must pay employees for training time. There are a few narrow exceptions, but these are very fact specific. You should speak to a local employment lawyer to discuss your specific situation.
Natalie Blackman's answer File a claim with the EEOC for sex discrimination. You can find the intake questionnaire at eeoc.gov. You should also gather any documentation you have to prove that you have reported these instances to the District Manager.
Natalie Blackman's answer Employment law cases are fact sensitive so I cannot assess your chances of winning in Court based on the information provided; however, you should definitely file a claim with the EEOC. Mediation is optional; however, if your employer agree to it, it would not hurt you to go through mediation. If mediation fails, you can still request a Right to Sue (after 180 days) and take it to court.
Natalie Blackman's answer No, an employer cannot intimidate you into quitting because of health reasons. Generally, you can take sick leave if you are eligible, and it is available. Eligibility and availability would depend on the sick leave policy of your employer.
Gregory Andrews Cade's answer Yes. If you develop a health problem as a result of workplace exposure to a toxic agent, you can take legal action against whoever is responsible for your injury and recover the compensation you deserve. Supposing the manufacturer provided the company with adequate guidelines on how to use their product, yet the latter failed to do so, they will be held liable for disregarding the instructions. If you are in this situation, I strongly encourage you to take legal action against the company as...
Charles Joseph Stiegler's answer Thanks for the question. It's not clear what you mean by "reconstruction in court," but if you are referring to a bankruptcy restructuring, the answer is that companies undergoing bankruptcy may have the right to rescind or reject contracts that were entered into before the bankruptcy. This is a highly fact-specific question, and cannot be answered without more precise details regarding the contract and the company's legal status.
Douglas Lee Bryan's answer You would have to have proof of the extra payments to show worker's compensation. Of course, there's the possibility of your incriminating yourself, if you weren't paying taxes on the extra money you were receiving.
Charles Joseph Stiegler's answer No. Unless you signed a severance agreement or other contract with the company, and they agreed to provide you with a reference, there is no requirement that a former employer provide verification of past employment.
Charles Joseph Stiegler's answer As long as you are getting paid for the time, it is legal. If it becomes a regular occurrence you should probably have a serious talk with your boss, but there's no law saying that you can't be asked to do work outside your job description.
Charles Joseph Stiegler's answer This is not legal. The National Labor Relations Act (NLRA) states that employees have the right to gather together to discuss the terms and conditions of employment - this includes discussing their wages and salaries. For more information, read my blog post here.
Charles Joseph Stiegler's answer In most cases, yes, unless the individual is a genuine supervisory employee who is paid at least $455 a week, guaranteed, and has a primary duty of supervising others rather than performing manual work. You should speak to a local employment attorney about your options.
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