David H. Charlip's Answers

Am I due Overtime Pay?

Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Generally, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor). Most employees must meet all three "tests" to be "exempt." The...

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Can a company change your job title to avoid OT without changing the job functions, ie. non-exempt to exempt

Your job status under the FLSA depends on whether or not you fall within one of the recognized exemptions under the act. How the employer characterizes you by either job title or status is not determinative. If your duties did not change and you were properly characterized as "non-exempt" before, you are likely still non-exempt. That is not legal and you could likely sue for unpaid overtime. Nevertheless, the FLSA is very complicated and the only way to really evaluate your status is to have...

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Cashing out a 401k before a divorce

If you do so, you may want to secure your spouse's agreement in writing, particularly if any of the money is going to be used to pay marital debts.

My place of employment did not pay me for overtime. Even if your salary doesnt the comapany have to do something?

The Fair Labor Standard's Act ("FLSA") requires employers to pay overtime to non-exempt employees. Thus, the answer to your question will depend upon whether your job position was "exempt" within the meaning of the FLSA. It does not matter what your title was or how your employer may have classified you but instead a Court will examine what your duties and responsibilities were. The analysis con get to be quite complicated so the answer to your question would likely have to be given after you...

How can I return a car to a dealer since they can not finance me, get my deposit back and paid no fees?Toyota of Hollywood CA

The resolution of a dispute flowing from any contractual transaction is largely dependant upon the language contained in the contract. Nevertheless, auto sales contracts are regulated and Section 520.01 Florida Statutes deals with Motor Vehicles Retail Sales. In your case, because it was understood and contemplated that the sale was contingent upon your ability to finance the purchase of the vehicle, your inability to obtain financing should result in a rescission of the transaction, whereby...

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How can I return a car to a dealer since they can not finance me, get my deposit back and paid no fees?Toyota of Hollywood CA

The resolution of a dispute flowing from any contractual transaction is largely dependant upon the language contained in the contract. Nevertheless, auto sales contracts are regulated and Section 520.01 Florida Statutes deals with Motor Vehicles Retail Sales. In your case, because it was understood and contemplated that the sale was contingent upon your ability to finance the purchase of the vehicle, your inability to obtain financing should result in a rescission of the transaction, whereby...

1 person marked this answer as helpful

I was sexually harassed by my store manager text mess. letters, touching , then i complained & nothing happened no i have no jo

It is not at all appropriate to fire you when you have been the victim of sexual harrassment. Nevertheless, it is important for you to document what ocurred with the company as well as with the EEOC. There are important deadlines that you need to comply with and in order to protect your legal rights and preserve all of the causes of action you have available to you, it is important to seek early legal advice and have a qualified employment lawyer review your case.

I was harassed by an assistant manager while working at Home Depot. I left 2 accept another job. Could I have taken legal action

Under federal law, to be actionable, harrassment must be first motivated by a discriminatory animus that you can allege and prove - such as because you are of minority descent, female or because of your natural origin or sexual preference. Nevertheless, you would also need to prove that the harrassment has altered or materially affected the terms and conditions of your employment. While under the facts that you describe you might have a short period of time that could be actionable, if the...