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Tracee Dorothea Hilton-Rorar

Tracee Hilton-Rorar’s Answers

5 total

  • My employer did not pay me for all hours worked. the company intentionally "cuts" hours from all workers. is this legal?

    My former employer would routinely, "cut" employees' hours every week for payroll. For instance, if all workers worked from 7AM until 7PM, instead of getting paid for 12 hours, the employer would "cut" the hours to 10 hours worked for each employe...

    Tracee’s Answer

    The Fair Labor Standards Act (FLSA) affects most private and public employment. The FLSA requires employers to pay covered non-exempt (hourly) employees at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week.

    Covered employees must be paid for all hours worked in a workweek. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time that an employee is suffered or permitted to work.

    You should file a complaint with the U.S. Department of Labor, Wage & Hour Division at: Federal Office Building, 1240 E. 9th Street, Room 817, Cleveland, OH 44199-2054. You can call (216) 357-5400 or 1-866-4-USWAGE for assistance or visit http://www.dol.gov/whd/regs/compliance/fairpay/complaint.htm.

    You can also file a lawsuit against your employer in federal court.

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  • What is the difference between non-community and community property?

    I'm trying to figure out who is likely to get what during our divorce, but I'm unclear as to what type of property typically falls into which category.

    Tracee’s Answer

    In the U.S., there are two systems that govern marital property: community property and common law (also called marital property). Community property states are Arizona, California, Idaho, Louisiana, New Mexico, Nevada, Texas, Washington, and Wisconsin. Common law governs the remaining states.

    In community property states, whatever you bring into the marriage or receive individually through gifts or inheritances remains yours, but whatever you earn or acquire during the marriage is co-owned by both parties, regardless of who earned it or whose name is on the title. But, if you commingle gift or inheritance cash with a joint account, it very likely the court will consider it community property.

    In common law states (like Ohio), if your name appears on the ownership document, registration or title, you own it. But, common law holds that your spouse has legal right to claim a fair and equitable portion of your property in divorce.

    In Ohio, “marital property” is defined as:
    • All real and personal property that currently is owned by either or both of the spouses, including, but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage;
    • All interest that either or both of the spouses currently has in any real or personal property, including, but not limited to, the retirement benefits of the spouses, and that was acquired by either or both of the spouses during the marriage;
    • All income and appreciation on separate property, due to the labor, monetary, or in-kind contribution of either or both of the spouses that occurred during the marriage;
    • A participant account of either of the spouses, to the extent of the following: the moneys that have been deferred by a continuing member or participating employee and that have been transmitted to the Ohio public employees deferred compensation board during the marriage and any income that is derived from the investment of those moneys during the marriage; the moneys that have been deferred by an officer or employee of a municipal corporation and that have been transmitted to the governing board, administrator, depository, or trustee of the deferred compensation program of the municipal corporation during the marriage and any income that is derived from the investment of those moneys during the marriage; or the moneys that have been deferred by an officer or employee of a government unit and that have been transmitted to the governing board during the marriage and any income that is derived from the investment of those moneys during the marriage.

    Marital property does not include separate property. “Separate property” is defined as all real and personal property and any interest in real or personal property that is found by the court to be any of the following:
    • An inheritance by one spouse by bequest, devise, or descent during the course of the marriage;
    • Any real or personal property or interest in real or personal property that was acquired by one spouse prior to the date of the marriage;
    • Passive income and appreciation acquired from separate property by one spouse during the marriage;
    • Any real or personal property or interest in real or personal property acquired by one spouse after a decree of legal separation;
    • Any real or personal property or interest in real or personal property that is excluded by a valid antenuptial agreement;
    • Compensation to a spouse for the spouse’s personal injury, except for loss of marital earnings and compensation for expenses paid from marital assets;
    • Any gift of any real or personal property or of an interest in real or personal property that is made after the date of the marriage and that is proven by clear and convincing evidence to have been given to only one spouse.

    The commingling of separate property with other property of any type does not destroy the identity of the separate property as separate property, except when the separate property is not traceable.

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  • Is it Sexual Harassment?

    One of my male co-worker was showing me pictures of a girl he's dating and when he was going through the picture archive i saw one of my pictures that he took from my back(butt). He noticed that i saw it and continued on talking about the girl, li...

    Tracee’s Answer

    The legal definition of sexual harassment is “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” Federal law does not prohibit simple teasing, offhand comments, or isolated incidents that are not extremely serious. The conduct must be sufficiently frequent or severe to create a hostile work environment or result in a "tangible employment action," such as hiring, firing, promotion, or demotion.

    Immediately tell your human resources department or some other department or person within your organization who has the power to stop the harassment. If possible, inform your employer in writing. Keep a copy of any written complaint you make to your employer. It is important that you report the harassment because your employer must know or have reason to know about the harassment in order to be legally responsible.

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  • Does Ohio offer rights to employees to see documents bearing their signature (as California does)

    I'm leaving my company. My employer says they have a non-compete with my signature on it, which I have zero memory of. I kindly asked to see it, and they refused. They won't even let me see a copy of my signature. I'm feeling bullied. I'd just lik...

    Tracee’s Answer

    In Ohio, public employees may review and copy their personnel files. However, there is no law in Ohio that requires an employer to grant private sector employees access to their personnel files. But, there are two exceptions: medical records and wage-and-hour records.

    Employees have a right to see the medical records from a physical examination that is required for employment or stemming from a job-related injury or disease. In addition, employers must provide the following information to an employee or person acting on an employee’s behalf upon request: (1) name; (2) home address; (3) occupation; (4) rate of pay; (5) total gross wages paid to an employee for each pay period; and (6) hours worked each day (except for exempt employees).

    If you have a union, your contract may give you additional rights. In addition, investigate if your employer has a policy that permits employees to review their personnel files (check your policies and procedures manual and ask other employees).

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  • What legal options do I have when a former employer won't pay me the wages he owes me? I'm in Cleveland, Ohio.

    Worked for an Antique dealer/cabinet maker for several months, almost a year ago now. The last cabinet job we did he asked if I could wait to get paid until after the job was complete, which I agreed to as I thought he was a friend. That was back ...

    Tracee’s Answer

    You can file a Complaint with the Cleveland Municipal Court, Small Claims Division. Go to the Information Services Department of the Clerk of Court’s office on the 2nd floor of the Justice Center. Bring with you the name and address of the person you wish to sue and any information you have regarding your claim. The filing fee is $37.00. The maximum amount of damages which can be requested in Small Claims Court is $3,000.00. Once a judgment is obtained, you can put a lien on his property.

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