Donald W. Heyrich’s Answers

Donald W. Heyrich

Seattle Employment / Labor Attorney.

Contributor Level 13
  1. Labor law for Arizona

    Answered over 6 years ago.

    1. Donald W. Heyrich
    2. Paul D Friedman
    2 lawyer answers

    Under federal law, your employer does not have to provide lunch or coffee breaks. Also, your employer does not have to pay you for lunch breaks that you are given. Some states have mandatory breaks, but it does not appear that Arizona is once of them. See the chart below from the Department of Labor, which sets forth the break and meal period requirements, to the extent they exist, in each state.

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  2. Competitive Employment

    Answered almost 7 years ago.

    1. Donald W. Heyrich
    2. Nicholas Chukwuemeka Okorocha
    3. Scott Bellows
    3 lawyer answers

    Your prior employer may be able to restrict your competitive activities if you entered a legally enforceable noncompetition agreement. You should consult an attorney if you have such an agreement and have questions about its scope and whether it is enforceable. Even in the absence of such an agreement, you may also have a duty to avoid misappropriating your prior employer’s trade secrets and confidential customer information.

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  3. Removal Defense

    Answered almost 7 years ago.

    1. Donald W. Heyrich
    2. David Dene Murray
    3 lawyer answers

    Sorry for the off-topic answer. I see now that you probably are interested in immigration issues. (I understand that Avvo will soon roll out an ability to edit answers . . . .). You might want to contact the Northwest Immigration Rights Project or King County Bar Association Legal Clinics, which has a specialty legal clinic for immigration. Links below. -Don

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  4. Subpoenaed as a witness in federal court

    Answered over 6 years ago.

    1. Donald W. Heyrich
    2. Andrew J. Kennedy
    3. Bruce David Abel
    3 lawyer answers

    You should receive your witness fee along with the subpoena or the subpoena is not valid. The witness fee is based on mileage from the place of deposition. It won't be enough to write home about. If the deposition is in downtown Seattle, it may be enough to cover parking but not much more than that. What to keep in mind? Tell the truth. Just answer the questions that are asked. If I were a lawyer in the case, I would want to talk to you before the deposition to discuss the case, the...

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  5. Flsa employee comp time vs overtime wage

    Answered over 6 years ago.

    1. Donald W. Heyrich
    2. Okorie Okorocha
    2 lawyer answers

    Interestingly, Washington law provides that comp time is okay as long as the employee is awarded 1.5 hours of comp time for every hour of overtime. Plus, it has to be on request of the employee. It cannot be requested by the employer. But that is pretty much moot for private sector employees because the practice is not permitted under the federal FLSA unless the time off is taken in the same pay period the overtime occurred. Unless it is in the same pay period, comp time is NOT permitted...

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  6. Paypal summons: Should I seek legal counsel?

    Answered over 6 years ago.

    1. Donald W. Heyrich
    2. Lawrence Neil Rogak
    2 lawyer answers

    The referenced case is an actual filed case from the US District Court for the Northern District of California. See the docket reference below. Also, the second link indicates that others have gotten this. In this particular case, the "John Does" are defined in the case as: "United States Tax Payers who, during the years ended 12/31/1999 through 12/31/2004, had signature authority over bank accounts at orver MasterCard, VISA, or American Express cards issued by, through, or on behalf of...

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  7. Small claims court-judgement

    Answered almost 7 years ago.

    1. Donald W. Heyrich
    2. Benjamin Kirke Sanchez
    3. Stacy Mandel Levine
    3 lawyer answers

    See the publication below, which explains how to collect a judgment and includes the various forms to use. -Don

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  8. Employee law

    Answered almost 7 years ago.

    1. Donald W. Heyrich
    2. Okorie Okorocha
    2 lawyer answers

    For information about breaks and meal periods under Washington law, see the link below. According to the Washington Department of Labor & Industries: Employees may choose to waive the meal period requirements. The regulation states employees "shall be allowed," and "no employee shall be required to work more than five hours without a meal period." The department interprets this to mean than an employer may not require more than five consecutive hours of work and must allow a 30-minute meal...

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  9. Is teasing harassment

    Answered almost 7 years ago.

    1. Donald W. Heyrich
    2. Okorie Okorocha
    2 lawyer answers

    To determine whether harassment is such that it affects the conditions of employment (one of the essential elements to state an actionable harassment claim), courts consider the frequency and severity of the discriminatory conduct; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance. Washington courts have held that casual, isolated or trivial manifestations of a discriminatory...

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  10. Job reference issues

    Answered almost 7 years ago.

    1. Donald W. Heyrich
    2. Okorie Okorocha
    3 lawyer answers

    There are no administrative agencies that will accept your complaint so you need to resort to civil legal proceedings for relief. Lawsuits for defamation and interference with prospective employment are difficult and rarely worth pursuing on their own. However, you might consider informing your prior employer of the information that has come to your attention and that you may seek a legal remedy if the conduct continues. You also have the right to inspect your personnel file and to include...

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