Under the FLSA the employer cannot "suffer you to work off the clock" which means that even if you agreed to work off the clock, they cannot allow it. Sounds like you have a public policy wrongful discharge claim (I only say public policy and not FLSA because you would most likely want your suit to remain in Jackson County Circuit Court and not the Western District Federal Court. Feel free to give me a call at 816-581-4040 if you want a free consultation. You can also email me from we website...
No, it violates the fair labor standards act. You must be paid for all hours you are suffered to work. You can report him to the Missouri department of labor. If the employer has more than 50 employees call me at 816.581.4040 and I will see if I can help. - Ryan
It sounds like you may have a case but it depends on whether or not your employer has enough employees to fall under the Missouri Human Rights Act and the specifics of your complaint to the owner. I would need more facts to help you. Feel free to give my office a call for a free consultation at 816-581-4040. I also have some info on sexual harassment on my firm’s website that may help you at www.PaulusLawFirm.com
There is a managerial exception to the Fair Labor Standards Act (which is the law that controls whether or not an employee can be paid a salary as opposed to by the hour). This exception is narrowly tailored; however, and just calling someone a manager doesn’t make it so. You need to have the ability to hire and fire, control staff, and spend the majority of your time engaged in managerial duties as opposed to what your employee’s do. Currently there is a class action pending in Missouri...
Go back to HR and let them know that she came back and harassed you again. Give them the chance to fix the problem. If they don't do anything and the harassment continues, then get the EEOC and Missouri Commission on Human RIghts involved. Get a lawyer now so your lawyer can help you draft your complaint to HR in way invokes the protections of the Missouri Human Rights Act and Title VII
I agree with Jeremy. Talk to an attorney. On a side note, depending on the times between when you last consumed alcohol, the amount of alcohol consumed and your absorption rate, the blood test may even help you- but I wouldn’t count on it.
If charges are filed, the court will usually require Student A to pay the medical bills as part of the terms of probation. A better result would be for Student B’s parents to call Student A’s parents and work it out like adults.