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Located in Wisconsin. Hourly wage.
answered on Dec 15, 2020
Federal law requires that you be paid at least minimum wage for all hours worked. So, if your employer's withholding $100 from your check results in your hourly rate falling below minimum wage, this is not permissible.
I received a sign-on bonus that is contingent on me working a full year. The job is being a technical analyst. This is a consulting gig for software. Instead, the company has me working as a call center rep for unemployment. I feel as if I was lied to about what I would be working on and accepted... View More 
answered on Dec 2, 2020
Probably not, but you should have your employment agreement / bonus agreement reviewed by an attorney in your area who practices employment law to be sure. There may be other terms in your agreement that are relevant to this determination.
My boss hasn't given me a check stub since my first week of employment 09/25/2020 upon several requests. I recently contracted covid through the job, everyone in my home is negative. She's refusing to pay me for the two weeks I'm off because, she says her company doesn't support... View More
answered on Nov 11, 2020
More information is needed here. How many employees work for the business? The Families First Coronavirus Response Act covers employers with less than 500 employees. There is an exception for employers with less than 50 employees, but the employer would need to show paying you for two weeks would... View More
answered on Aug 26, 2020
The Fair Labor Standards Act ("FLSA") is the federal law governing tip pooling agreements. While tip pooling is generally permissible, your employer can only require you to pool your tips with other employees who customarily receive tips (for example, other servers or bartenders). Your... View More
I live in Wisconsin, and I am not part of a union.
answered on Aug 19, 2020
Once you put in your two weeks' notice, your employer is not required to wait until the two weeks are up to terminate your employment. Whether you are entitled to your vacation days likely depends on the policy set forth in your employee handbook. If your handbook states that unused PTO will... View More
I have a Doctor's note stating I should work from home. The office has not been professionally cleaned, there "are sanitizing wipes if needed.." There is only one bathroom for the entire floor of the office building I am in. Over half of the staff already works from home. I have... View More
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answered on May 26, 2020
Under federal law, you likely have the right to ask for a reasonable accommodation for your disability. Have you shared the doctor's note with management or human resources? If not, immediately write a request for a reasonable accommodation to work from home. Your doctor's note needs... View More
I was a stay at home father for three years. So once my 4yr old son started school. I decided to for back to work in my field of management. I started a job at gordmans retail store with is owned by a big company called Stage Store. Well I hurt me left arm back in October and have been seen by many... View More
answered on Mar 16, 2020
This is a complex and fact-intensive scenario that you would need to discuss with an attorney to receive any kind of meaningful direction. Your post remains open for four weeks, but one option you could consider is to contact a Wisconsin workers' comp attorney to discuss the denial of the WC... View More
My wife works in the Accounting department and was two months into her position before her termination. During this time she was trained by her Supervisor while logged into the system under my wife's credentials. The company received a check for deposit and was processed and approved by my... View More
answered on Jan 23, 2020
Unfortunately, there is no liability here. While your wife's termination is unfair, you live in an at-will employment state, meaning both the employee and the employer may terminate the employment relationship at any time for any reason or no reason at all (as long as the reason isn't... View More
Never had any issues or disciplinary actions. One week before I was told how amazing I am for creating job for the handicap then next week I get fired for creating a hostel work environment I'm still completely crushed
answered on Jan 14, 2020
The statute of limitations to bring an action depends on the legal claim. You should first consult a Wisconsin employment attorney about your situation to determine whether you have a legal claim. If you do, your attorney can help you determine how much time you have left to bring a claim.
I approached my employer about picking up my own accounts and doing my own crowns. All I needed from him was to mill them. Everything else would have been done out of my house and would not have burdened him in any way. I offered him reimbursement for the milling. He said he did not like the idea... View More
answered on Nov 6, 2019
No legal recourse for you against your employer. If your employer does this work and you are competing while an employee, there may be legal recourse that your employer can take but that would depend on Wisconsin laws.
His mother my wife doesn't have any medicare or FICA taken out. Which Internal Revenue Code contains a “family employment exception”, which applies to service in a private home “in the employ of an individual’s son, daughter, or spouse”. In those cases, according to the IRS, no... View More
answered on May 21, 2018
If he is paying you a wage as an employee, or providing you with a W-2, then he should withhold employment taxes from your wage. You, the employee, with pay half (about 7.7%) and he, the employer, will pay the other half. If he is paying you as an independent contractor, then he is not... View More
They want to meet with me but they won’t tell me who I’m meeting with. I have never been suspended from a job and I’m terrified to go there without representation.
answered on Apr 6, 2018
It does not sound like you need a lawyer at this point in time. Many employers would refuse to allow attorney representatives in an interview about an internal matter. If you are an at will employee, that could result in termination. The best advice I can provide is to request your employment file... View More
I received a job offer contingent on a comprehensive background check. I am not worried about the criminal background check. I did file bankruptcy and the debt was discharged a year ago. Two judgements were also discbarged, but show up on county records. Do I need to alert employer. JOB WAS... View More
answered on Dec 4, 2017
Pursuant to bankruptcy code section 525, a government employer cannot discriminate solely based on a prior bankruptcy filing. It will probably show up on the background check. This isn't something that needs to be disclosed.
Information provided for informational purposes only, and... View More
I paid COBRA premiums for a certain period. There was a change in HR personnel. They cancelled my COBRA coverages for the prior periods. They had the insurance company charge back the clinic what they previously paid. I have documents proving what I paid and for what period. The local circuit... View More
civil suit is between employer and employee...employee stole money and the employer was granted full judgement of over $94K
answered on Aug 17, 2017
I can only answer for Wisconsin. Theft is a crime and the amount affects whether it is a misdemeanor or a felony. The answer is yes as the state District Attorney is not a party to the civil suit and can file a Criminal Complaint. The Civil Judgment does not by itself block a criminal... View More
of the signing of the contract so I assume it is in full effect even though I have not started yet. As of now they can offer 2-3 days of work a week with the hope/anticipation of 4-5 days within 3 months possibly, it is a healthcare position by the way. I have a competing offer that doesn't... View More
answered on Jul 31, 2017
More information is needed to provide meaningful advice. It is often the case that breaching a contract is in one's best interest. If that is true for you, then you should breach the contract. Whether you would win in lawsuit over the breach should be of secondary consideration. I say that... View More
The employer sends the employee to various locations around the US to work with clients on a contractual basis. So the city the employee is located at is different from the Employer's city. If the employee wants to file a suit against the employer for wage & hour violations and... View More
answered on May 19, 2017
The suit should be filed in the employee's city: unless the employee believes that the city or state law where employer is, is more favorable than federal law. The employee may hire any attorney that is licensed to practice in jurisdiction where the action is filed. In some states, the law... View More
I am 19 and I work at Buffalo Wild Wings where I have been for over a year. I started as a cashier making $9. But then I was asked if I wanted to be a cook instead and that they start at $11 an hour. I needed that extra money so I said yes and I've been working as a cook there for over 6... View More
answered on May 17, 2017
The short answer is yes. As long as you can show that the employer agreed to pay $11 per hour, you are entitled to that.
If it were two temp agencies paying me for working the same shift at a company at the same time would that be illegal or merely frowned upon?
answered on Apr 24, 2017
While that is certainly strange, I do not see how it is illegal. The voluntary payment doctrine comes to mind. You just need to make sure that you are falsely representing that you only work for one company.
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