Employment Law

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I've been working for over 10 years and just found out that…

Customer Question
I've been working for...

I've been working for over 10 years and just found out that we were never designated to be exempt or nonexempt, Also, a female worker did several things at a work outing such as pat me an others on the butt and our complaint was overlooked because it was a female verses a male. Later, that person she patted on the butt promoted her.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

To HR Director...

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Virginia

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Our supervisor set up a Canary "home" video camera in our hall that he monitors by his phone but neglected to talk everyone, it records voice also. When I walked into his office to let him know that I didn't think it was legal, he exploded on me. Later, he sent an email stating the camera had been up for several days but was taken out.

Submitted: 7 months ago.Category: Employment Law
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11/26/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,403
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
Please take your time...thank you.
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much. I apologize for the long delay. I've been reviewing some things regarding your answer.

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Customer reply replied 7 months ago
No hurry...
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience. So, it seems like there's a few issues here that have to be sorted out. I'll sort them out for you.

1. Exempt vs. non-exempt: Generally, the law will classify you as either exempt or non-exempt, not your employer. the reason is because employers often get it wrong so the law has set it up to where if you are a salaried employee generally you are exempt. if you're an hourly employee, you're non-exempt. Thus, depending on how you are getting paid, you'll either be exempt or non-exempt. If you're non-exempt, then you are entitled to overtime as well so consider your hours that you've worked over time.

2. Being touched on the rear end may be a sexual harassment issue. This is prohibited under 42 USC 2000e-2. If it the harassment was severe or pervasive, then you may be able to contact your EEOC. Ultimately, only a judge could make the determination. Also, if a person was promoted because they were patting people on the butt, it is possible this may be considered a pattern of discriminatory behavior based on gender.

3. As far as the home video camera, employers can generally spy on their employees so long as it is not in an area where they would have a reasonable expectation of privacy like the bathroom. Hallways are generally acceptable places to put cameras.

What other questions did you have for me?

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