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Britt Jason Rossiter

Britt Rossiter’s Answers

7 total

  • I work at a restaurant chain. Am I legally entitled to a break after several consecutive hours of work?

    I was just wondering if there are any laws in Ohio about employers being required to allow breaks to employees who work 8 hours or more in a day. Do I have the right to clock out and eat my lunch at some point during the day?

    Britt’s Answer

    Unless you are a minor, or unless you are working under a union contract that says differently, there is no Ohio law requiring employers to give employees meal or rest breaks of any kind. Many employers provide meal and/or rest breaks as a courtesy to employees, but there is no legal requirement in Ohio to do so (other than in the case of minors, or in the case of union contracts that require the provision of breaks).

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  • Should employees be paid to attend mandatory company meeting in the state of wa.?

    should employees be paid for attending mandatory company meetings?

    Britt’s Answer

    I agree, but add that if you are an exempt employee (i.e., a salaried administrative, professional, or executive employee, typically), then you are not entitled to additional compensation for attending meetings and whatnot. Your salary is for all hours worked, including meetings, conferences, etc.

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  • Over time or Comp. time?

    I work for a national retailer. We currently are not allowed to have more than 39 hrs scheduled as full time employees. Recently I was scheduled for my regular 39 hrs and was additionally required to attend a Department meeting for 1.45 hrs . We ...

    Britt’s Answer

    I would add that this is the ONLY circumstance where comp time in lieu of overtime is allowable for private sector employers. The time off must be given during the same WORKWEEK - not the same pay period, but the actual workweek.

    In your case, that means that your employer must have given you an additional 1.45 hours of time off during the same workweek as the meeting. Your "regular 39 hrs" should only have been 37.55 hours that week. Since the meeting counts as hours worked, the 1.45 hours of the meeting, added to your 37.55 hours of actual work, would equal your usual 39 hours of pay.

    If you actually worked more than 37.55 hours that week, and attended the meeting, then you should have been paid for more than 39 hours.

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  • Resigning from a job

    I gave my 2 week notice to my employer today and she said that tomorrow would be my last day. Do they have the right to do that without paying me?

    Britt’s Answer

    Donald is absolutely correct. It is rare that an employer will actually allow you to work through your entire "notice period," unless they absolutely need your help with particular projects that must be completed, or need you to train your replacement.

    Many employers are fearful that a departing employee might use their notice period to try and steal trade secrets (client lists, customer files, etc.) to take with them to their next job. Of course, you should never do such things, but that fear is primarily why many employers will show you the door almost immediately after you give your notice.

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  • Defemation of character

    Can a past employer call you new employer to let them know that you are being accused of theft from them?

    Britt’s Answer

    A former employer is allowed to give truthful information about a former employee to anyone who asks. If a particular employer actually did suspect a particular employee of theft, and the employer discharged that employee because of the suspicion, then the employer is telling the truth if it tells a prospective or new employer that the employee had been terminated for "suspicion of theft" (or something like that). Since the employer is telling the truth, it shouldn't be liable for defamation.

    If on the other hand your old employer tells your new employer that you ACTUALLY DID commit a theft, and that information in fact false (i.e., you did not commit theft), then things might be different, and you might have a claim for defamation.

    Defamation can only exist when someone communicates false information about you that tends to injure your reputation.

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  • Arrest records/criminal records employment

    what laws if any are there about not hiring people based on pending charges?

    Britt’s Answer

    There are some states (such as Illinois) in which it is against the law to discriminate against people because they have been arrested (as opposed to being convicted). I am unaware of such a law in Washington or Oregon.

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  • Not payed for a full day at work

    I was wondering if it is illegal for my boss to only pay me when I am at a customers house doing service work or remodel? I do not get payed for going to supply houses, driving from job to job, or anything else that takes up the day that is out of...

    Britt’s Answer

    I would agree with Donald: if you are an employee (rather than an independent contractor), and you do not fall within any of the exemptions from the payment of minimum wage or overtime under Washington law or the federal Fair Labor Standards Act, then you must be paid from the moment you start working to the moment you stop working. That would include time spent traveling from job site to job site, picking up and dropping off supplies and equipment, etc. It would not usually include time spent commuting from your home to your first work location, or time commuting from your last work location back to your home.

    From your question, it appears that your boss might be trying to treat you as an independent contractor. He can only legitimately do that if you are honestly and truly a real legitimate independent contractor; i.e., free to do the same kind of work for other companies, free to establish the manner in which your work is performed, free from most control over how you do your job, etc. If you get 1099's from your boss rather than a W-2, then this is what is going on.

    In either event, if you're concerned that your employer is not paying you all of the wages that you are due, you can find information on how to file a complaint with the Washington Dept. of Labor & Industries at this website: http://www.lni.wa.gov/WorkplaceRights/ComplainDiscrim/WRComplaint/default.asp

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