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Recent employment law questions
We own a pre-k to first grade and we need clarification on
We own a pre-k to first grade and we need clarification on the newly enacted overtime law. If our exempt teachers and administrative employees come in after school hours for a staff meeting, training or "house keeping" ,once a month for one hour, would they qualify for "overtime pay" under the new OT rules. Also, the same on clarification if they come in for an event on weekends, do the extra hours qualify them for overtime?
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
We had an employee who had some sort of a rage issue and
We had an employee who had some sort of a rage issue and locked other users from the company CRM, caused an email war on the topic, then resigned. The day after he resigned, he logged into the company CRM and stole over $2.5 million worth of customer lists, active transactions, and confidential financial information. Then, he filed a falsified reason for separation with the unemployment office. Then he filed a civil suit against the company for FLSA back wages.Prior to learning of any civil suit, the company began the process to file criminal charges for the theft in accordance with state law as well as a civil suit for damages. The plaintiff's attorney in this civil suit says that he will file additional charges for retaliation against the company if we pursue the criminal and legal charges of theft.The theft is not related to any claim of owed wages.The question is this: Does anti-retaliatory protection protect an ex-employee from a criminal act?
I am a Registered Nurse in the state of Pennsylvania. I work
I am a Registered Nurse in the state of Pennsylvania. I work on a very busy and fast paced med-surg floor. It kind of remind me of a factory the way we ship patients in then ship them out. Hospitalists, medical specialists, case managers, social workers, etc., continuously count on us to provide pertinent information about the patient or information from a specialty doctor's orders that the other specialty doctor may want to know. We are the liaisons, advocates, and most sought out providers regarding the individual patient's condition. The organization I work for owns several hospitals and I have worked in two of them. At old hospital, we could come in as early as we wanted to see the floor plan and do research o our patients before we clocked in. The hospital I work at now does not allow you to see patient information until you are clocked in and you may not clock in early obviously. I am diagnosed with ADHD and have to write down everything or I will forget it within minutes. This is especially hard since I am the center person to coordinate discharge plans and care plans. As soon as the shift officially starts its a mad house and you rushing to get assessments in, meds administered, Iv lines started, etc. Unfortunately, if a patient is discharged by the doctor but perhaps should not have been for health status reason, the RN is ultimately the one under hot water because they are the last to discharge to patient. It puts a great deal of strain on nurses that are always rushed to quickly complete discharges to fill the bed space with a new admission.Things are missed when relaying and updating outside specialty doctors that avoid our computer system because it is not the same they may use in their practice. My work flow and patient care is greatly increased when I can take a moment and really look through the medical record. Is there a law, perhaps HIPPA, that prevents seeing my patients information before I clock in even though I know the floor plan and who I will have? I don;t think there is an organization policy on it because my previous hospital, under the same company, was very by the book and did not care if we arrived early by our free will. If you're not able, then could I disclose my learning disability that would allow me more time?
I am a salaried employee and is considered exempt qualified
I am a salaried employee and is considered exempt qualified for comp time according to the personnel manual and I am being denied by the executive director who has support from the president of the organization. They are in violation and have charged my vacation. They caused my work environment to be quite stressful. How do i proceed in filing a claim?
I'm a Texas employer in the Software consulting
I'm a Texas employer in the Software consulting industry. In our industry, 3 types of jobs are offered to consultants working 40 hours/week - full time with benefits, W2-contract and 1099. The W2 contract employment means consultants are hired for 40 hours/week for say 3 months, and paid an hourly compensation without benefits. The employer withholds all payroll taxes for them. This is preferred by consultants over 1099 as they do not have to do complex tax filings on their own. I'd like to confirm that the W2-contract arrangement is legal.
An employer in New York City plans to allow a non-exempt employee
An employer in New York City plans to allow a non-exempt employee to arrive before the starting time in order to clean her work area with chemical spray. The area is cleaned professionally but she feels it is not clean enough. He wants to allow her to arrive 15 to 20 minutes early as non-paid time? Your opinion please.
Each pay period 3.5 hrs. is put towards our PTO and 1.5 hrs.
Each pay period 3.5 hrs. is put towards our PTO and 1.5 hrs. towards our UTO. Is it legal for employer to make it mandatory that we have to use either our PTO or UTO if we do not want to work a mandatory overtime? Even if we call out they said they will use it. UTO I can understand but not the PTO.
My wife has worked bank in Tulsa 17 years. About 15 years ago she was promView more employment law questions
My wife has worked for a bank in Tulsa for over 17 years. About 15 years ago she was promoted to Vice President of Operations by the second president of the bank. About a year ago, a 5th president came on board and almost immediately stared belittling her performance and not too long after that (3-4 months ago) took away her title. She was able to keep her salary however. They w Last week she was told that her salary was going to be cut in half, she would have to move out of her office and into the bank lobby and be a receptionist!This is a woman that's been a loyal employee for over 17 years. She's never had any discipline issues and this is only the third job in her life! She is 66It seems to me they are attempting to make her quit. That could negate her ability to draw unemployment. It would also keep her company from offering any type of severance package.Is there anything here? Do we have a legitimate complaint?Thank you in advance for you time and help.M