Penn Ueoka Dodson’s Answers

Penn Ueoka Dodson

New York Employment / Labor Attorney.

Contributor Level 9
  1. Can an Inside Sales Rep in Ga be considered Exempt?

    Answered almost 3 years ago.

    1. Penn Ueoka Dodson
    2. Dean Richard Fuchs
    2 lawyer answers

    Call me (or another employment lawyer) to discuss -- the answer is maybe, maybe not. A couple thoughts: 1- It does not matter how many hours are paid in a paycheck; what matters is how many hours you worked in a workweek. If it is over 40, then we are in the land of overtime if you are not exempt. If you work 44 hours one week and 36 hours the next and get paid 80 hours on your paycheck, you should be paid 4 hours of OT for that first week -- can't average them over the two week pay...

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  2. Is there a statute if limits conflict o interest? I won unemploy benefits on getting fired for disclosing a $5 million conflict

    Answered about 1 month ago.

    1. Penn Ueoka Dodson
    2. Peter Christopher Lomtevas
    3. Vincent Peter White
    4. Eric Edward Rothstein
    5. William J Lasko
    5 lawyer answers

    It may be helpful in your search for a lawyer to help you to use the search word "whistle blower." You can check out this website about employee's rights http://www.workplacefairness.org and over on the left #8 is about whistleblower rights. Good luck!

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  3. New York State overtime laws- I work as a construction superintendent, and am paid an annual salary. is my employer required to

    Answered 12 months ago.

    1. Vincent Peter White
    2. Thomas A. Ricotta
    3. Penn Ueoka Dodson
    4. Russell E. Adler
    4 lawyer answers

    Cases like yours have to be reviewed case by case. I have represented "foremen" and "project managers" who ARE entitled to overtime. It completely depends on what your actual duties are day in and day out. I'd be happy to talk through your specifics if you want.

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  4. Can employer make employees pay out of their pockets for missing cash, lost sales, being late for work, cleaning work areas?

    Answered 12 months ago.

    1. Eric Edward Rothstein
    2. Penn Ueoka Dodson
    3. Arthur H. Forman
    4. Thomas A. Ricotta
    4 lawyer answers

    Those sound like illegal wage deductions under the NY Labor Law.

    3 lawyers agreed with this answer

  5. I have a friend that was working for metropcs and she isnt recieving documented proof of her earnings.

    Answered 23 days ago.

    1. F. J. Capriotti III
    2. Arthur H. Forman
    3. Penn Ueoka Dodson
    4. V. Jonas Urba
    5. Mark M. Oxford
    5 lawyer answers

    New York Labor Law requires employers to give pay stubs, and there are fines/ penalties available when they fail to do do. Also, if the employer messes up on wage issues, very often these requires the employer to pay for your lawyer's fees if you win your case, meaning a lot of wage /employment lawyers can take good cases on a contingency basis. Also, while it is not illegal to pay in cash, very often employers have shady reasons for doing so, so there may be other claims that could be made....

    2 lawyers agreed with this answer

  6. Can my boss take away my commission in a sales position if I have an at will contract and put me in a tip pool ? 50% less

    Answered 4 months ago.

    1. Alix R. Rubin
    2. Penn Ueoka Dodson
    3. Daniel Hymowitz
    3 lawyer answers

    I have a few thoughts. Under the law, it is not terribly important whether the $ is called "tips" or a "commission" or a "bonus" -- what matters more is what it actually IS. Then, there are different rules about how that classification affects things depending on which law you are talking about. It is hard to say based on the info you have provided, but it sounds like you MAY have a breach of contract claim, an unpaid wages (i.e. unpaid commissions) claim, a violation of tip pooling rules......

    2 lawyers agreed with this answer

  7. In NY is it legal for an Employer to dock their employees if they are late, i.e. $5.00/per minute of lateness.

    Answered about 1 year ago.

    1. Arthur H. Forman
    2. Mary Katherine Brown
    3. Eric Edward Rothstein
    4. Penn Ueoka Dodson
    4 lawyer answers

    I agree, no. You should call an attorney experienced in wage & hour law to help you and your workmates. Please feel free to look at my Avvo profile to see if you think I would be a good fit for you.

    2 lawyers agreed with this answer

  8. Can an employer withhold wage in NYC? She has not paid me in 3 mos.

    Answered over 1 year ago.

    1. Penn Ueoka Dodson
    2. John P Corrigan
    2 lawyer answers

    You can and should get paid for your time working. It is the clinic's problem, not yours, if they didnt keep good records on you. The wage laws make the employer pay the attorney fees so don't be afraid to call a lawyer. I just settled a wage case against a dentist a week or two ago and would be happy to talk to you, but if you don't call me I urge you to find someone who practices "wage and hour" law exclusively (or nearly so).

    2 lawyers agreed with this answer

  9. How do I prepare for my unemployment hearing? I have witnesses to the events that led to my termination. Should I bring them in?

    Answered almost 5 years ago.

    1. Penn Ueoka Dodson
    1 lawyer answer

    It is unclear from your answer -- are you saying that you have hired a lawyer to be there with you? If so you need to talk to him/ her about this. Below is a link for a guide for things to do/expect.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. If I win my UI hearing will it help my case when I sue my employer for discrimination acts?

    Answered almost 5 years ago.

    1. Penn Ueoka Dodson
    1 lawyer answer

    A favorable decision in your unemployment does not have any direct bearing on the discrimination case, as the two laws have vastly different legal standards. However, if you do a hearing in your DOL case that is considered sworn testimony and could potentially be used for evidence in your other case if handled correctly. Also, from a more amorphous standpoint, obviously if both the DOL and the EEOC were to find in your favor, that makes it seem like you have a stronger case which means...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful