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For INFO LAWYER ONLY: • We have a 1099 contract worker, she

For INFO LAWYER ONLY:• We have a 1099 contract worker, she is running a few different programs for us right now. She is busy now, but we'll re-evaluate her role after May when things slow down.o A. Current, she comes into the office to work on her “projects” with the team (as a freelancer/contractor) from 830-4:30 and she does take an hour lunch break.o B. Can I be regulating her hours like that while her projects are in motion? Is it okay that she takes an hour lunch with the rest of my team (she invoices her work hours every 2 weeks)o C. Am I obligated in any way to cover her gas mileage to/from the office? And what about sick days?• another person - Our salaried employee makes under 40K per year. She works every day from 830-430 and takes an hour break for lunch. When is she entitled to over time and how does her hour long lunches factor into that?And finally - we have a part-time assistant (admin tasks) she works about 12 hours per week - her hours vary a bit but usually 9am - 12pm Monday - Thursday - we have her as a 1099 should she be an employee?

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Infolawyer

Attorney

Juris Doctor.

41,616 satisfied customers
As an employer, we had an employee complain to the Labor

Hello. As an employer, we had an employee complain to the Labor Board that she does not take her lunch sometimes. We were made to pay, assuming that we asked her to work through lunch. However, its just the opposite. She will refuse to go to lunch and instead work. I understand the labor laws, but if I'm offset or don't even know thatbmy employee is working through lunch, how am I penalized if I reinforce the rule. I even have a time in/out sheet due each week that each employee signs daily stating what time they took lunch. This is a new document to help with the problem and acts as a timesheet or punchcard.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ColoradoJA: Is the employment agreement "at will," union, full time or part time?Customer: At will. Full time.JA: Anything else you want the lawyer to know before I connect you?Customer: No

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Marsha411JD

Doctoral Degree

19,614 satisfied customers
Do I have any recourse in a situation where I was hired to

Hello. Do I have any recourse in a situation where I was hired to take on a job with 'full training' offered by the company. did not receive that training but very little here and there from unqualified other staff, worked 7 weeks, mostly alone after the second week, continually, on an entire shift of 7AM -3PM..... I was then told by the same manager who hired me but offered no actual training, and who was on leave while I worked the front desk alone over the entire Christmas and New Year holidays,and the following weeks teaching myself to handle everything else, i.e. arrivals, on-line bookings customer complaints etc. On the 7th week the manager said had to let me go on the seventh week because the she had concluded, without having previously discussed the matter with me, That I did not learn everything I was supposed to in 3 weeks like 'others have done before' me. This was the first I had heard of 3 weeks training time. I had no formal training as promised. The fact that I am highly qualified in the actual business of Hospitality and Tourism and Culinary Arts, but never physically worked on Front Office Customer service agent, bookings, departures, and arrivals was known by the company before they hired me for what I considered my retirement post. However the manager made a point of saying that her GM did not like the way I spoke to customers on the phone her words being " maybe because of you English accent, he does not understand you" which was an absolute amazing thing to hear. Several guests have befriended me, others have threatened to complain about the manager's obvious dislike of me in front of them, even more noticeable because of the fact that she let me work alone most of my shift but never allowed me to make door keys for the guests ever. Instead I had to find her or someone else in the company to assist me in order to complete the transaction. I still cannot explain that one.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Just wanted to give you an idea of what I encountered for the very first time in my life. I am in Florida. I am a retiree and was attempting to take on a light job.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full time Front Desk Agent, offered with full training.JA: Anything else you want the lawyer to know before I connect you?Customer: I am not versed in these matters, there is much about the actual employment methods that I noted was wrong but said nothing, (too busy working 8 to 9 hours a day standing on swollen feet with no lunch break as agreed).

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Patrick, Esq.

Doctoral Degree

19,816 satisfied customers
My employer sent an email to all employees stating that they

My employer sent an email to all employees stating that they agency is hosting a holiday lunch from '12 Noon to 2:30 p.m. and it is mandatory for all employees to attend except for those on vacation or sick Employees will be allowed to go home early after the event. My union steward is saying the agency cannot do that. That employees must have a lunch hour. Please advise.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I am in NevadaJA: Is the employment agreement "at will," union, full time or part time?Customer: The State is an at-will state and some employees are union and others are non-union.JA: Anything else you want the lawyer to know before I connect you?Customer: No.

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Patrick, Esq.

Doctoral Degree

19,816 satisfied customers
Can an employer ban you from eating lunch in your car on

Can an employer ban you from eating lunch in your car on their property? this would be an unpaid lunch breakJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: this is CTJA: 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: yes they will not allow you to sit in your car at any time, paid breaks or unpaid. they are saying you have to leave the property to sit in your car

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John

Attorney

Doctoral Degree

9,078 satisfied customers
Is it a Federal or State law that hourly employees MUST

Is it a Federal or State law that hourly employees MUST break for lunch as opposed to staying on the clock and eating at their desk if they desire?

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ScottyMacEsq

Doctoral Degree

24,146 satisfied customers
In the state of Arkansas does a company requiring an

In the state of Arkansas does a company requiring an employee to take a lunch break and does not allow eating at your desk to at least provide an area for the employees to eat?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,470 satisfied customers
I have a situation at work. I am a "partner" in a smaller

I have a situation at work. I am a "partner" in a smaller company. Partner is in quotes, because technically I am an employee, but I get a profit share upon sale or retirement. I am also one of the three upper management persons.We have a female employee that has taken this week off, and provided a photo of a doctors note for next week off as well. My boss (the actual owner of the company) asked for clarification of why she needed to be out, and what was happening. This time off would take her to 40 days of PAID time off this year, she has missed a ton of work, not including the half days we let her take to attend her kids functions.This all seemed very fishy, so we reviewed her emails and messages, and in fact she is not sick, she is interviewing for new jobs, talking poorly about the company and mentioned to her husband in a message she was going to a Victims Advocacy Group and Dr. to see what could be done about my boss "being mean to her" and "embarassing her." Basically she got yelled at for not doing her job and having a bad attitude. I do not necessarily agree with how my boss handles employees, but at no point did she complain to anyone about her treatment there, including to our director of HR. Also in her messages is quite a bit of talk about her going to purchase drugs on her lunch break, and how she can't pass a drug screen if her new job would require one.Basically my question is what would she need in order to have a case against our company as a "hostile work environment"

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Loren

Juris Doctor

42,618 satisfied customers
I hired someone part time as independent contractor to work

I hired someone part time as independent contractor to work 30 hours or so 4 months back. For the last 2-3 months the person was working 40 hours for me , never converted that person to be an full time employee as the company is only 6 months old and i was not sure if i will need this person going forward.She got sick last week and was diagnosed with gastroesophaegeal reflux diseases that may have been caused by work related stress as per the doctor, she has been given 12 weeks of diatery restrictions and 1 month of medicines. Is there any liability on me already ?, how should I deal with this situation going forward ?

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Patrick, Esq.

Doctoral Degree

19,816 satisfied customers
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