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Ryan Francis Stephan

Ryan Stephan’s Answers

26 total

  • Filing wage claim in NJ

    Hi, I am in the process of filing a wage claim against ex-employer in nj. will the filing of wage claim affect my current job/employer/wages etc.. thanks

    Ryan’s Answer

    By law, employers are prohibited from retaliating against workers who seek to enforce their rights. Accordingly, your wage claim should not impact your employment. If your current employer takes any adverse action as a result of your wage claim, you should consult an attorny for a retaliation claim. If you have any questions regarding your wage claim or other matters, feel free to contact me.

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  • Can a employer allow regular employees to work their shift without clocking in & out.

    Other employees are required to clock in & out for day and afternoon shifts but evening shift employees were instructed not to clock in or out for there shift. Would this affect an employee with worker's compensation issues if hurt on the job?

    Ryan’s Answer

    Employers are required by law to maintain accurate records of all time worked by non-exempt employees. One reason it is necessary is so employees are paid for all time they work. If your employer is not keeping accuarte time records and you have additional questioons, please feel free to contact me.

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  • Does a landlord have the right to keep your deposit without telling you why they kept it? an

    Landlord kept my deposit without cause

    Ryan’s Answer

    No. Pursuant to the Chicago RLTO and Illinois law, landlords are required to provide an itemized statement of damages and dedcutions made from a tenant's security deposit. The failure to do so may result in the return of the full securty deposit, double damages and payment of attorney's fees.

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  • Can recent retirees from the Post Office file a Class Action Suit?

    Several 100 people retired nationwide on June 30th & July 31st, after being told there was not enough money in the budget for severence pay. Aug.25th it was announced that they were going to give $15000.00 to anyone wishing to retire.

    Ryan’s Answer

    The answer to your question is "it depends". If there was a qualified severance plan in place that the Post Office did not comply with or if they paid severance in a discriminatory fashion, there may be a claim. I suggest you contact an attorney to discuss the details and get more information on your rights.

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  • I have to change our employees schedule from 8-5pm to 10-7pm. Can we do this? If so, how far in advance do we have to notify the

    Our company will not be extending it's hours from 6-5pm to 6am - 7pm to cover the overflow of calls that we have, we're a fast pace call center.

    Ryan’s Answer

    It is ok for your company to change the schedules of at will employees. However, your company must pay its employees for all their time actually worked, including time spenting booting up their computers, working through breaks and staying late.

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  • Is a tenant bound by a promotion if the terms of the promotion are not included in the lease?

    I am renting an apartment in a new highrise development in downtown Chicago. The reason I decided to lease an apartment in this building was due to a promotion that said one month of rent would be free if you signed a 13 month lease. The building ...

    Ryan’s Answer

    It sounds to me like you may have a valid contract that the new owner/management company is refusing to honor. There may also be implications under the Chicago Residential Landlord Tenant Ordinance. I suggest you contact an attorney for more information on your rights. If you have any questions, we would be happy to speak with you.

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  • Our business calls are forwarded to my cell phone every day and on weekends and I am expected to answer. Do they have to pay me

    I work in an office that forwards the phones to a company cell phone. I am expected to take the phone every night and every weekend. My boss even calls me at night to make sure that a situation has been handled sometimes. My boss says that he d...

    Ryan’s Answer

    Fielding telephone calls is compensable work. Therefore, if you are paid hourly or have been misclassified as an exempt employee, you may very well be entitled to compensation for all the time you spend answering telephone calls. Moreover, if you are required to be on call, you may entitled to compensation for the time you are engaged to wait for these calls.

    We have helped office staff, assistant managers and other employees recover unpaid wages for time spent answering telephone calls. If you have any questions or want more information on your rights, feel free to contact us.

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  • I have a question on voluntary overtime.

    The security company I work for request voluntary overtime from its employees. The other day my supervisor asked me to stay four hours overtime. I informed him that I could not stay. At that time he informed me that I had to stay. I refused to sta...

    Ryan’s Answer

    Employers cannot force you to work unpaid overtime or voluntary overtime. If you work more than 40 hours per week, you are entitled to overtime pay. Moreover, if you were terminated because you would not work for free, you may have a claim for retailiation under the Fair Labor Standards Act or Missouri state law.

    Our offices represent thousands of security guards and are familiar with your allegations. If you have any follow up questions or want more information on your rights, feel free to contact us.

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  • How do other employees of Costco join the class action suit filed in CA for false imprisonment ?

    The same exact scenario described in the suit happens (up until a week ago) in the Bozeman MT warehouse. After we clock out we are forced to stay locked in the building until a manager lets us out, at their discretion. Often times it is 15 minut...

    Ryan’s Answer

    I believe the class action you are referring to is seeking recovery for unpaid wages and overtime under California labor laws for California workers. Therefore, I do not believe it would apply to Costco workers in Montana.

    If you are interested in seeking to recover your unpaid wages, you could do so under the Fair Labor Standards Act (federal law) or possibly Montana state wage and hour laws. If you have any follow up questions, we would be happy to speak with you.

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  • WA state employment law- regarding commission sales employees

    In WA state, are employers required to pay overtime to commission sales people if they are required to work on a day where they will not receive any commission because it's going to the store instead? This would be after 40 hours in a week have al...

    Ryan’s Answer

    It depends. If you are paid commission only and are an "inside salesperson" you are entitled to overtime for all hours worked over 40 per week, pursuant to the Fair Labor Standards Act. If you are selling outside your office or are paid salry plus commission, you may be exempt from the FLSA. If you have any other questions, I would be more than happy to discuss with you.

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