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David M. Blanchard

David Blanchard’s Answers

2 total

  • Can you get time and a half working for a homecare agency

    work 60 hrs a week

    David’s Answer

    See my comment. It depends on your position. For non-skilled companionship services, michigan law requires that workers receive overtime pay at time and a half. federal law does not currently provide the overtime protections we would like for homecare workers, but the administration has proposed changes. At least for now Michigan provides added protection under state law for Michigan workers.

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  • H1B required fringe benefits by labor law.

    My current-employer agency, upon commencement of my H1-B visa transfer, has asked me to sign a waiver to renounce my fringe benefits (e.g., health insurance, sick leaves) thereby not realizing the impact of this act for me and dependents currently...

    David’s Answer

    THe H1b provision of the Immigration and Nationality Act generally requires that H1B employees be provided equivalent pay and benefits to their American workers in similar positions. So, the action you describe may be illegal. For a more definitive answer you should consult and attorney or speak with the US Department of labor. Other laws may apply to your situation, for instance if the employer's health plan requires them to offer it to all employees (and you fit that definition of an employee), making a job offer only of you do not elect benefits may violate state and federal law. You should consult an attorney famjiliar with the law in your state.

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