My employer pays for lunch breaks as a benefit. HR never mentions that you have to work through your lunch, but management sometimes does, or in the case of grave shift, it's pretty much mandatory all of the time. I'm curious if this is legal, the laws I've read dont address this particular... Read more »
Under the Fair Labor Standards Act, interrupted breaks, meaning breaks where employees are still required to perform work, must be paid. Since your employer is paying you for your lunch break, there is no violation here. The Fair Labor Standards Act does not require employers to offer employees...Read more »
I am currently working full-time for Company A (have H1B and approved i-140 with this firm) and have very good work relationship with them. I recently accepted another full-time job with Company B and they have applied for H1B transfer. However, my current employer (Company A) asked me if I can... Read more »
I'm a 20-year old male in the state of Nevada looking for work online. I've applied to an online AI-research company and have gotten a request for my first job. In the agreement attached, there is a few things I'm wary of before signing. It may just be paranoia, but I would like to maintain my... Read more »
I think that the assignment of all IP rights forever has to do with assigning all the rights that you produce for the company while you are engaged in an assignment for them. It does not extend to IP rights that you generate during your lifetime after the engagement ended.
I am an independent freelance contractor who has been contacted by a potential employer for virtual assistance. They are hoping that I can commit transactions for customers on their products and process orders for their customers in form of checks. I am wary of the opportunity as it seems a little... Read more »
This is a very common Internet fraud that lawyers have been seeing for at least a year. I used to get a couple such emails a week. I guess they’ve moved on to non-lawyers, because I warned someone off this on Avvo.com last week. Most likely, the checks you receive are bad, but they take 2 weeks...Read more »
I injured my arm at work and I had to get surgery to fix it. My work covered the surgery, medication and physical therapy. But that was 3 years ago. I got a bill from the hospital about a week ago and they're asking for 10,000 for the surgery. On the bill they sent it said something along the lines... Read more »
You should consult with a Nevada based worker's compensation attorney. There are time limits that apply to the case and the processing of the medical bills. In some jurisdiction, the clock starts ticking after the last treatment related to the worker related injury. In some states, there must be...Read more »
I have a $30,000 personal deliquent tax debt and a federal tax lien for that debt from the years 2012-2016. I have filed every year on time. I live in Nevada. Since 2012 I have had an installment agreement that I have paid on time all the time except for this year 2017. I defaulted on my agreement... Read more »
I cannot address whether Poland will issue you a work permit, but as far as the IRS goes, it will not prohibit you from living and working in Poland. You should be aware, however, that for as long as you live outside the United States, the statute of limitations on collecting your tax debt stops...Read more »
I am in the National Guard. I have not been able to go to drill because of some medical reasons. I have given my doctor notes to my Sergeant but he tells me that the Sergeant Major does not care about that. Will they give me a dishonorable discharge? I am also studying to become a teacher. Will... Read more »
You need to show up to drill, even with medical reasons. If you are not fit to perform your drills, the military medical folks will place you in a not physically qualified status. Not showing up will get you involuntarily separated with a less than Honorable discharge.
Apply for medical assistance. You can buy into your old plan through COBRA. You can go on the ACA website (the deadline doesn't apply to those who have been taken off employers plan). If you have a short term or long term disability plan through work or on your own that should cover it. If you...Read more »
In both state and federal courts, the rule is that an appeal is based on the trial record (evidence, jury instructions, legal decisions, etc.) and new facts cannot be introduced at the appellate level unless it was impossible to have presented them before the lower court.
I signed neither a W9 nor W4 form, the contract states that I must work exclusively with the company for 6 months, and cannot work with a competing business or open my own within 3 years of working for them. I thought nothing of it when I signed it, but I am, according to the document, a 1099... Read more »
Non-compete clauses are common in independent contractor agreements. Otherwise you could work for them and take their client list and then go out on your own. So, there is a high probability it would be enforceable, at least in part. Most states though will limit them to reasonable restrictions,...Read more »
I was a Supervisor at a Call Center and was recently terminated for supposedly fixing employee's times for favors. I was the only person terminated while everyone else kept their jobs. My termination happened less than a week after myself and one of my employee's filed a complaint... Read more »
As a general proposition an employer could fire one person and not fire the other for the same offense. That said, it appears you may have more going on, in which the firing could be related to retaliation and/or be related to race. As such, find a local employment law attorney who offers free...Read more »
I was a Supervisor at a Call Center and was recently terminated for supposedly fixing an employee's time for favors. How is it that I was terminated, but the employee I “supposedly” fixed the time for didn’t? Also, my termination happened less than a week after myself and one... Read more »
You should consult with a local attorney. Different treatment among employees who commit the same or similar infractions can suggest that there is an illegitimate basis for the more harsh treatment one is receiving compared to the other. Sometimes, however, there are legitimate business reasons...Read more »
Your employer is not required to pay you mileage. However, when you drive your personal vehicle as a part of your job, you may claim your mileage and/or wear and maintenance for your personal vehicle as an unreimbursed business expense on your tax return. The easiest way is to keep track of mileage...Read more »
A person has replaced my position whom does not meet the positions qualifications. Several company people have said, "this just is not right." The company did not fire me but they have demoted me to a lower position with lower pay. (Until this happened---no negative feed back from management).
Age discrimination under Federal law (40 or over) is proven by showing you applied for the position, you were qualified for the position, you were not hired, a person under 40 with less experience was hired. It is a burden shifting, preponderance of the evidence, type trial. The employer will have...Read more »
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