Missouri Employment Law Questions & Answers

Q: Can my husband cancel my H4 visa before applying for divorce? If so how long can i stay in USA legally?

1 Answer | Asked in Divorce, Employment Law, Family Law and Immigration Law for Missouri on
Answered on Aug 18, 2015
Shan Dimitris Potts' answer
If you file for divorce your H4 visa becomes invalid which directly means your EAD will also become invalid. So you would not be able to stay in the US legally, I see you mentioned your husband emotionally abused you. If it was physical abuse and if it involved any violence you will be able to apply for a special visa called an U-visa, which will allow you to stay in the country legally. All the best.

"15 years of successful immigration law experience. The answer above is only general...

Q: Am I entitled to overtime at time and a half over 40 hrs

1 Answer | Asked in Employment Law for Missouri on
Answered on Jun 1, 2014
Charles Snyderman's answer
Unless an exemption applies, an employee is entitled to one and one-half times the employee's regular pay once the employee works more than 40 hours in a regular work week. The 4 main exempt categories are executive, administrative, professional and outside sales.

Q: Does an email confirmation of terms of employment constitute a contract?

1 Answer | Asked in Employment Law for Missouri on
Answered on Feb 15, 2012
Neal J. Wallace's answer
You should have the actual language reviewed by an attorney. Most employment is "employment at will" even if there are certain terms agreed upon. In an employment at will situation, either you can quit and the employer can fire you at any time for any reason except for a short list of illegal reasons (discrimination on basis of age, gender, race..., etc). If there is an employee handbook, there might be an implied contract. If the terms you reference limit the company's ability to fire you...

Q: How many garnishments can an employer withhold from an employee in the state of MO

1 Answer | Asked in Employment Law for Missouri on
Answered on Mar 14, 2011
Todd Christopher Werts' answer
Generally speaking, one at a time. There is no limit on how many an employer may process over time, but the garnishment lien attaches to all of the wages. There are limits on what percentage can be withheld from any one check that depend on the nature of the garnishment (is it child support?) and the family status of the employee.

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