My normal work schedule is Monday through Friday. Occasionally we do expos and shows that require us to work over the weekend. Normally we would be able to work our regular 80 hours and anything that we worked over the weekend would be considered overtime. This time, we were asked to shorten our... Read more »
Yes, there are no laws that require employers to offer any particular amount of hours or overtime. As long as you're paid overtime for any hours over 40 per workweek that you do work, your employer can reduce your hours to avoid employees accruing overtime hours.
Specifically, an employee has been caught passed out drunk during food service at a retirement home. For whatever reason he was taken off the schedule for two or three days, then returned to work. Im just curious if by not firing this person over a very major offense is there grounds for someone in... Read more »
Unfortunately, each case is fact specific and it is impossible to give meaningful advice without knowing more factual context. In general, if you were let go for being 3 minutes late, while someone else was allowed to stay though they were passed out drunk at work, it would certainly raise...Read more »
More information is needed to answer this question. These terms are sometimes defined in your employee handbook or employment contract (if you have one), and the employer's definition of these terms generally govern whether and how you receive benefits.
Employers are permitted to require their employees to take 30+ minute unpaid breaks. However, if you are required to perform any work during this 30 minute break period, such that it isn't an "uninterrupted" break, you generally need to be paid for the break time.
I have filed FMLA paperwork with my employer (School District employee) asking to adjust my 8 hour day to 71/2 or 7 hour day and using my sick time to make up the difference. This is due to my eyesight and not being able to drive in the dark. HR has confirmed that I am eligible for protected leave.... Read more »
family medical leave. I have another full time W2 job in addition to this role. Am I able to take PFML payments from the one job, while also going back to work full time on the second? Is there any way my first employer would know, or the PFML program would know about this other job?
The real question is your pregnancy leave for employer number 1 consistent with you not taking pregnancy leave for employer number 2. Your doctor should be making that decision. If you were put on medical leave to protect your health and your child's health, you need to make sure that working...Read more »
I am required to be present in clinic certain hours of the week so medical assistants can administer vaccines. Often I don't have patients of my own at those times and because I'm not seeing the patients getting vaccinated (I'm just sitting in my office-have to be present in case... Read more »
You are entitled to minimum wage for all hours worked. If your commission does not at least cover minimum wage for all hours worked, including the time you are required to be in the office, you are not being paid properly.
I’ve been with this company 2.5 years. I worked 5+ days a week with the “best” and busiest shift. Then, I got covid. My boss continued to harass me to leave my quarantine to buy an at home test even though I provided a positive covid test from the DR 1 day before. When I refused to leave my... Read more »
It is illegal to retaliate against you for taking a protected medical leave, such as taking away your shifts or giving you less desirable shifts. If you have paid sick leave or your employer has at least 5 employees, your short term medical leave is likely protected.
My employer has denied an employee an ADA accommodation request because it would "cause a hardship" to the company. I know this not to be true, and it is because my employer does not like the individual making the request. Is there some kind of appeal process for a denied accommodation... Read more »
While the ADA does not require employers to grant accommodations of an employee's choosing, it does require employers to engage in an "interactive process" to identify accommodations that work for both parties. The co-worker should ask why the company believes their request would...Read more »
They refused to do my foot surgery and I couldn't work and I needed to pay my bills and my father's hospital bills. They found out by the doctors office that they didn't sign the medical paperwork after they already approved my leave. An investigation is on and they're asking me... Read more »
First, you can be disciplined and/or fired for submitting forged paperwork.
Second, if you received benefits that you were not entitled to based on the forgery, your employer could report the crime to the police. It would be up to the prosecutors to decide whether to prosecute you, not your...Read more »
I attempted to quietly change my schedule, as I wanted to phase myself out of my supervisors shifts due to sexually suggestive remarks. When I explained this to a store manager, he told me it was a mandatory SH complaint. As of this morning, HR concluded their investigation, and not only is he... Read more »
Sexual harassment claims are very fact specific. In order to be actionable, the supervisor's harassment must be either: (i) severe; or (ii) pervasive. In other words, a single incident of inappropriate touching may meet the severe threshold. While frequent "flirty" comments about...Read more »
Yes, you can take video of public employees in public spaces as long as you are not trespassing to do so. Please note that you cannot record audio without all parties consent, unless they are in a situation where there is no reasonable expectation of privacy.
I developed heart palpitations, 450 a day skipped heartbeats a day. It was caused by excess stress do to negligence from my employer. Me and several other employees would inform Human resources of thr behavior of the Store Manager, that was against company policy. Human resources told me to keep... Read more »
There is no opportunity to get fit tested and keep my shift, and if I don't get a fit test, I can no longer keep my job. Do they have an obligation to pay me for the time spent traveling to the site and getting the fit test?
Yes. However, since the N95 respirator fitting is required for your work, you are still entitled to compensation for your time. Note: you are normally not entitled to compensation for the travel time from your home to your first place of employment or from your last place of employment to your home.
If the employee fails to give 120 days notice as required in the employment contract, then there is a possibility that an employer might sue for the extra cost of finding a replacement for the period for which notice was not given. In my experience, employers very rarely sue to recover that...Read more »
so i work nights and my employer has scheduled a cpr class during the time I'm supposed to be sleeping and I'm supposed to work a 12 hour shift that night can he fire me if i don't show up to the class, this is in Washington state if that helps
Assuming you're over the age of 18, your employer can require you to attend both the class and your shift. There are no federal laws that mandate any break times or sleep times, but if this becomes a repeated issue, you should discuss your concerns with your supervisor and request that...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.