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JackJD
JackJD, Lawyer
Category: Employment Law
Satisfied Customers: 535
Experience:  I've been in practice 30+ years, concentrating on employment law for 15 years. I enjoy helping people.
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Clean offices p/t. am disabled and able to lift heavy things.

Customer Question

clean offices p/t. am disabled and able to lift heavy things. am required to take out the trash which at times I am uable to do. Asked the owner for help, explained I just couldn't to it. I was provided with help but: 1. owner indicated that I would have to take a 50% reduction in pay in order to pay the helper or, he would continue to pay me 2.0 hours daily and I would have to slip the wages with the helper. 2. Changed my class of service from hourly to Salary without my knowledge or consent. 3. In any of these sceanarios it appears I'm bing paid less than minimum wage for central Jersey
Submitted: 1 year ago.
Category: Employment Law
Expert:  JackJD replied 1 year ago.
Hello, my name is ***** ***** I'd like to answer your question.What your boss is doing is illegal. The minimum wage is just that, the minimum.This issue is controlled by the Americans with Disabilities Act (ADA). Now there are two sides to this:1. When you asked for help, you asked for a "reasonable accommodation" for your disability under the ADA. Your boss is required to accommodate your disability if he can do so "reasonably."2. On the other hand, if taking out the trash is an essential part of this job, he can let you go because you can't perform the essentials of the job.What that really means is, how much is moving the trash part of this job? If you're talking about 5 or 10 minutes a day, I do not believe that it's essential, and getting a coworker to do it is a "reasonable accommodation."If, on the other hand, you're spending half your time lifting trash, then he doesn't have to accommodate you.If I have answered your question fully, then please rate the answer below. If you'd like some more information, then post a reply.

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