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Recent Labor Law questions
My employer computes gross wages (an agreed upon % of
My employer computes gross wages (an agreed upon % of collected sales) then DEDUCTS the mileage reimbursement I submit thus resulting in a new lower wage amount to figure the corresponding withholding. EX: $1,000 wages - $200 mileage = $800. Corresponding taxes are $181.11. Payroll is now calculated as $800-$181.11 + $200 Mileage Reimbursement =$818.89 net pay. I believe my net pay should be calculated as $1,000 - $250.89 (taxes) + $200 = $949.11. This reimbursement is for business miles driven in my personal car @ $.54/mile. Can they reduce my gross wages by deducting the amount I submit from an accountable mileage reimbursement?
We are a pre-school through kindergarten school. We
We are a pre-school through kindergarten school. We interviewed a candidate for a teaching position we have available. We made her an offer and gave her new hire paperwork to complete. The candidate advised that she wanted to complete the paperwork at home and bring it back so that she would have more time to review and completely fill out the paperwork (which we allowed her to do).She came back yesterday and returned her new hire paperwork and it was at this time that the candidate advised her she was legally blind.Under the ADA or any federal/state labor laws, can we withdraw the offer based on the fact that she did advise us until after she had completed the paperwork and returned it to us.This position takes care of young children and infants. We are concerned that she will not be able to complete the essential functions of the job. Can we withdraw the offer with consequences?
My job requires that employees punch in and out on the
My job requires that employees punch in and out on the computer each day worked with ADP.We punch in at 9:15 to start, punch out for lunch for 1 hour, back in after lunch and out again at the end of day, 6:15.If an employee reaches over 40 hours in a week, management adjusts the cards to come out to 40 hrs. Is this legal
In February of this year, I was forced to relocate to Fla.
In February of this year, I was forced to relocate to Fla. from Ct, after being unjustly fired from my position as an inspector. I have been fighting my case with the CT. DOL since aprox. March of this year. when I was informed that I was not eligible to collect ue benefits,First, I appeal the findings, then I'm told my appeal of the initial findings had not been received, I re-file, and 4 months later I am still being told to be "patient" as they are understaffed and trying to "catch up" meanwhile I am still unemployed (and not for lack of effort on my part). I feel that my rights under the labor laws of ct have been violated guilty until proven innocent and all that... question is do I have any recourse, please let me know.Regards Dave
Counselor at Law
I worked as a 6 figure salaried IT Professional. I developed
I worked as a 6 figure salaried IT Professional. I developed health problems. My Dr wrote letters to my Employer - a Department of Defense Government Contractor for the Navy - my Dr told my employer I was having health problems he was concerned about and requested I not work more than 40 hours. 3 months later, my Health problems hit me hard. My Dr wrote letters to my employer that I was to take time off. I was eventually paid 4 weeks of Short Term Disability. Although I tried to go back to work on a part time basis, my health problems prevented me from even accomplishing that. My last partial paycheck was received in mid Dec 2013. I was later hospitalized and over 2+ years went through 7+ surgeries to address my Health / Medical problems. I communicated with my HR Medical Leave rep, but I never received my Disability benefits. After several months, my HR rep told me they understood I was on medical leave, but the Insurance company (Prudential) was denying my Disability Claims. I purchased my benefits from the HR department. I paid additional money for additioan (+10% more) disability - if I did have a problem. I was not paid until I filed a suit agaisnst Prudential and after 15 months I did get a "partial" settlement. I feel that my benefits were not honored. I am struggling, have not worked since early Dec 2013. My employer never honored my benefits that they sold me - but they continued to charge me FULL PRIOCE for My Disability (50% of LTD was part of my Salaried Benefits, I paid additional for +10% Disability benefit). My life has been financially destroyed and my employer - a large DOD company, never notified me, but did terminated me as I was switched to the COBRA Plan --- I have a well documented case. My rights were violated, My life destroyed, I live in poverty when I should have $58K per year until I'm 65. I'm 58 years old, trying to recover and overcome my health problems. ALL my efforts to get my Social Security Disability has also been denied - and so I want to pursue legal action against my Employer - which lists me as Disabled - unpaid. What can I do? I have suffered and been disgraced over criminal action for not paying Child Support and on and on - all because I did NOT GET MY DISABILITY BENEFITS that I was SOLD by the employer HR department once I was hired. YES - my employer DID KNOW OF MY HEALTH ISSUES - I provided a 5 year full medical history and they required a full health / medical / physical exam by their own on-site medical facility! What Can I do??
I know you cannot get punitive damages ADA claim, but I am
Hi -I know you cannot get punitive damages for an ADA claim, but I am not sure about a failure to accommodate claim under the ADA. Per the statute they were available they were available, but I don't have a legal search engine and I haven't found anything through a Google search that specifically speaks to any courts findings in this regard. Are you familiar with cases where punitive damages have been awarded? How generous (or not generous) are the awards?Also, the EEOC has settled two claims with the employer in the last year wherein a consent decree was entered in federal court. One aspect of the first settlement was that the employer have a job coaching policy for the intellectually disabled. In another settlement, the employer was enjoined from failing to provide a reasonable accommodation. Are there penalties the EEOC can assess against an employer for failure to abide by the settlement terms? I don't think so, but I want your opinion. Who would get the money if penalties can be assessed?
A friend of mine is a resident apartment manager whoView more employment law questions
A friend of mine is a resident apartment manager who receives no compensation other than free rent. His duties include repair and maintenance of the apartment interiors, move-out cleaning and painting, rent collection, some exterior cleaning (garage and trash area). Lately the building owner has required him to do extensive exterior painting which was not part of the original agreement, and refuses to pay him for the additional work. He objected, and now the owner is demanding that he pay $800 a month rent. He had been working as casual laborer to earn money for living expenses, but is no longer able to do so because of the increased work load in the apartment building.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: California. He is a spanish-speaking citizen.JA: Have you talked to a lawyer yet?Customer: No, he doesn't know where to go for help. He is not knowledgable about CA labor law and his rights.JA: Anything else you think the lawyer should know?Customer: Tomorrow he is bringing me a copy of his contract. There may be other issues but I won't know until I see it.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.