Andrew Ross Frisch’s Answers

Andrew Ross Frisch

Plantation Employment / Labor Attorney.

Contributor Level 3
  1. I am needing to find a lawyer licensed in Floirda that is also licensed in Tennessee.

    Answered 2 months ago.

    1. David John Glatthorn
    2. Wayne William Bilsky
    3. Melvin Bowen Wright
    4. Christopher Robert Dillingham II
    5. Robert Kenneth Tucker II
    6. ···
    7 lawyer answers

    It is not clear where your accident occurred (TN or FL), but I am licensed in the courts of Florida as well as in most of the federal courts in Tennessee. My firm has over a dozen offices throughout Florida, as well as offices in both Memphis and Nashville, Tennessee.

    3 lawyers agreed with this answer

  2. Travel time for training

    Answered 23 days ago.

    1. Andrew Ross Frisch
    1 lawyer answer

    Typically the issue of whether travel time related to the performance of work duties (or training in this case) is a factually intensive inquiry, and whether or not the travel is compensable (i.e. deemed "work")depends upon the kind of travel involved. That said, below is a brief synopsis of the general law under the Fair Labor Standards Act. Home to Work Travel An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged...

    1 lawyer agreed with this answer

  3. What are rights for salaried employees who work well over 40 hours/week?

    Answered 3 months ago.

    1. Andrew Ross Frisch
    2. Robert Kenneth Tucker II
    3. Alan James Brinkmeier
    3 lawyer answers

    Registered nurses or RNs who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt. If you are properly classified as exempt, your employer is not required to pay you overtime, even to the extent you work in excess of 40 hours a week. That said, if your employer docks your pay when you work fewer than 40 hours, it is possible...

    1 lawyer agreed with this answer

  4. Can summer camp jobs pay $2 an hour?

    Answered 3 months ago.

    1. Andrew Ross Frisch
    2. Arthur H. Forman
    3. Vincent Peter White
    3 lawyer answers

    Summer camps typically qualify for the Seasonal Establishment Exemption. Thus, there are no minimum wage or overtime protections for most employees of summer camps and under most circumstances this is legal. FLSA Section 13(a)(3) (29 U.S.C. § 213(a)(3)) provides an exemption from the FLSA's minimum wage and overtime provisions for employees of amusement or recreational establishments, organized camps, or religious or non-profit educational conference centers if either: The...

    1 lawyer agreed with this answer

  5. Does a employer have to pay you while traveling to and from a job site in a company vehicle?

    Answered 3 months ago.

    1. Andrew Ross Frisch
    1 lawyer answer

    The principles which apply in determining whether time spent in travel is compensable time depends upon the kind of travel involved. An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged in ordinary home to work travel, which is not work time. On the other hand, time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and must...

    1 lawyer agreed with this answer

  6. What is the minimum pay for salary?

    Answered about 1 month ago.

    1. Andrew Ross Frisch
    1 lawyer answer

    Regardless of the duties you perform as an assistant manager, if you are not paid at least $455 per week in salary (an amount paid whether you work few or many hours) you are almost certainly non-exempt and entitled to overtime pay when you work in excess of 40 hours in a given work week.

  7. Unpaid final paycheck - what is my recourse?

    Answered about 1 month ago.

    1. Andrew Ross Frisch
    1 lawyer answer

    Although it's not entirely clear from the facts provided, it sounds like you may have a claim under federal law (FLSA or Fair Labor Standards Act) and Florida law as well for unpaid minimum wages, as well as a possible common law claim. Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or merchandise shortages, employer-required uniforms, and tools of the trade, are not legal if they reduce the wages of...

  8. Am I a independent contractor or a regular employee?

    Answered about 2 months ago.

    1. Richard Bernard Celler
    2. Andrew Ross Frisch
    3. Darrel S Jackson
    4. James Edwin Jackson
    4 lawyer answers

    This is not a black and white issue. In order to make a determination you have to look at all factors of your relationship between your employer and you in your employment. Among the factors which courts typically consider to be significant are: 1) The extent to which the services rendered are an integral part of the principal's business. 2) The permanency of the relationship. 3) The amount of the alleged contractor's investment in facilities and equipment. 4) The nature and...

  9. Should my employer pay me for required phone stand-by on my personal time?

    Answered 3 months ago.

    1. Alix R. Rubin
    2. Allan E Richardson
    3. Matthew T Famiglietti
    4. William J Popovich
    5. Andrew Ross Frisch
    6. ···
    6 lawyer answers

    An employee who is required to remain on call on the employer's premises is typically considered to be working while "on call." An employee who is required to remain on call at home, or who is allowed to leave a message where he/she can be reached, is not considered to be working (in most cases) while on call. Additional constraints on the employee's freedom could require this time to be compensated as work hours. Click http://overtimeadvocate.com/WorkHours.html to read more about what...

  10. Can you report to OSHA about safety violations after you have left a company,so that other that work they don't get badly hurt?

    Answered 3 months ago.

    1. Andrew Ross Frisch
    2. Randy Jay Harvey
    2 lawyer answers

    Yes. Anyone who is a aware of a safety issue can report it to OSHA. In your situation, you may still initiate an OSHA investigation/review even though you are no longer employed by the company.