I have an employee with IBS that spends at times 20 minutes
I have an employee with IBS that spends at times 20 minutes on a bathroom break. Should I pay her for those bathroom breaks?JA: Have you documented this or discussed it with HR?Customer: We are a small company that has no HR departmentJA: Is the employment agreement "at will," union, full time or part time?Customer: at will full timeJA: Anything else you want the lawyer to know before I connect you?Customer: she has acquired a Doctors approval for FMLA to cover these bathroom events but the issue of being paid has arisen
I worked for an employer for 18 months. (I am on H1B). My
Hi Wilson, Hi, I worked for an employer for 18 months. (I am on H1B). My offer letter saying I need to be there for 2 years from Feb-2015. I left after 18 months (July-2016). Now he didn't pay my last month (July-2016) salary and Arrears from April-2016. I followed up for 3 months, now he is telling I breach the contract of 2 years, so he is not going to pay. He shall check with his attorney on this then he will come back to me. He is telling his companies future plans and investment got loss as I didn't serve 2 years. Please suggest me how to proceed on this. He owe me almost 9000 USD. Offer letter saying if I left early, I need to pay 416$ for each month I left early. Here it is 6 months early. But is the offer letter binding of labor is legal or not? My employer firm is in Atlanta, GA.Regards,Sai.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Atlanta, GAJA: Has anything been filed or reported?Customer: noJA: Anything else you want the lawyer to know before I connect you?Customer: what is the chargesJA: You just pay a $5 deposit now and the rest only when you get a reply from the Lawyer. All of this is 100% satisfaction guaranteed, so you can get a refund if you're not happy for any reason.Customer: rest means how much it will be?JA: It's only $5.Customer: ok please proceed
I feel that I am being retaliated against because I replace
I feel that I am being retaliated against because I replace a temporary employee with a full time employee. I used the companies policy and process. The temporary employee had an opportunity to apply for the full time position but chose not to do so. The position was posted for 3 months before another temporary employee was chosen. The temporary employee has file a complaint with the company to which I have been told she file a complaint but no specific have been given to me. I made a statement to the company that I was unaware of a complaint until notified by my Director. My Director was upset because according to her, the employee states she tried to contact her and was unable to do so. This all transpired around August 20. A human resource person contacted me and I made the statement above. I have not heard of anything since, until after coming back from a two week vacation. I was told by my secretary that a meeting with my Director and all white staff with the exception of my secretary, who is Black, took place while I was away. I have been back and no one has contacted me.I feel that the complaint is bogus and a direct result of a disgruntle employee who has gotten together with her white counterparts to get rid of me. I have gotten great annual evaluations. A year ago I even gave the staff an opportunity to evaluate me anonymously on my performance as a manager and person. They all gave me great scores. An now there is a problem with me. I am being retaliated against because I followed the company's policy. If I am terminated, I feel it will be a wrongful termination. What do you think?
If a preschool is not accredited under the NJEA but is
If a preschool is not accredited under the NJEA but is accredited under the NAEYC and they are licensed by the Dept of Children and Families Office of Licensing, are our teachers exempt and covered under the FLSA? If so, are we obligated to pay them for time they spend in the classroom after the end of the school day, answering emails and speaking with parents after hours.Are our co-teachers also exempt and covered under the FLSA after the end of the school day?Also we have hourly employees whom we pay a flat fee for services they perform (such as working on our Theater production) in addition to their hourly rate under the FLSA, do we need to include those hours in the calculation for benefits eligibility such as 401k, and health insurance? If we do not record those hours how does that affect benefit eligibility?
Are elected officials exempt from minimum wage laws, no, a
are elected officials exempt from minimum wage lawsJA: Have you documented this or discussed it with HR?Customer: no, a recent change in local ordinance setting the salary of the village clerk position was enacted so it would be in effect for the next election cycle. the salary was set at $1000. per monthJA: Is the employment agreement "at will," union, full time or part time?Customer: It is an elected positionJA: Anything else you want the lawyer to know before I connect you?Customer: no
In job offer, the company is giving a hiring bonus and a
In job offer, the company is giving a hiring bonus and a relocation package (either lump sum cash or relocation through a 3rd party). For both of them the company states that they may withhold the unearned advanced amount from your final paycheck up to the maximum amount permitted by law".How is this maximum determined?
Counselor at Law
I work for a large company that have several plants in North
I work for a large company that have several plants in North America at my plant we have 70 some employees.The problem I've got is on March 31st we had worked on a broken piece of equipment for 10 hrs had it going by the time are shift ended but around 7pm it broke again, we was called out to fix it. Took us till around 4:30 am to get up and going I got home around 5am that's when my normal shift starts, being tired as I was I slept the day way un able to go into work for my normal shift.The issues I have is how many hours one can work in a 24 hour period for we had worked some 18 hrs plus having 2 to 2 1/2 hour commute2; when I received my pay check it was only 27 dollars more than a normal 80 hour pay check, yes overtime was paid at time and a half but no compensation for the day I had to sleep causing me to be in able to work my normal shift. So I brought this up with our new supervisor he said he would look into it after two weeks I asked him again two more weeks of hearing nothing I decided to wait until they called me out again mid August I got a call from the on call supervisor to see if I would come out and fix a broken piece of eguipment, I told him that I had some issue that needs to be resolved before I could and explained thee above to him he said I don't blame you, note he is a low level on call sup. Then a week later the plant manger calls me says we have a belt ripped in half would you be interested in going out, I said I would love to but have some issues that need to be resolved he say guess your not interested and hung up on me the next week I was called of my job by my supervisor and told I need to get my lunch and clock out then he would take me to the conference room to meet with plant manger and HR, I said there firing me he said he did not know what was going to happen so I did as he said and we went to conference room, my plant manger told me I was being demoted to a level two maintenance that my schedule would change to an 8 hour 5 days a week and I would be unable to work any overtime or call outs (other than the cut in pay sounds good to me, before I felt abused on call outs being on most of them) so any way he says if you agree to this you'll sign this document which will go on your file I tried to question him, he was not willing to discuss said I could talk to HR if I had any questions so I did talk with him but really get no where with him. So is this a form of discrimination? and what should be done about it? I'm not the only one with this type of problem where I work though I will speak my mind I do this company a good job and so do the guys I work with but being the one how speaks out I fill they have demoted me for no good reason, I'll add I've worked for them for 22 years this plant manger has been with us for around 8 years and we have had many other issues with him also, Help!
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
Are local truck drivers in Florida exempt from overtime?
Hi, are local truck drivers in Florida exempt from overtime? Interstate truck drivers are exempt from overtime under the FLSA I believe.JA: What state is this in? And how old is the truck?Customer: Florida. I don't know how old the truck is.JA: Is the employment agreement "at will," union, full time or part time?Customer: At will I guess as there is no contract and it is full time. My husband works for a food distributor making local deliveries and they want to make him salaried without overtime after 40 hours. They say it is interstate so 50 hours a week and no overtime.JA: Anything else you want the lawyer to know before I connect you?Customer: No.