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Joel Phillip Nichols's Answers

Joel Phillip Nichols
Everett Employment / Labor Attorney.
Contributor Level 2

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Attorney answers:

  1. Joel Phillip Nichols

Exempt/salary and mandatory unpaid Over time/ eligble for unemployment benefits

Asked by a user in Everett, WA - 8 days ago.

You have identified the correct issue. Paying an employee a salary does not make the employee exempt from federal and state wage and hour laws. Exempt status is determined by job category and responsibilities. Paying a non-exempt employee a salary only changes the way overtime is calculated. Also, an employer is requried to pay an employee all wages and compensation promised. If an employer promises paid vacation, they are obligated to pay it. Additionally, retaliation for complaining...

1

Attorney answers:

  1. Joel Phillip Nichols

I am being garneshed from unemployment and I am a single mom and cant afford my bills is their anything that I can do?

Asked by a user in Everett, WA - 19 days ago.

Once garnishment begins, your options are limited. I never hurts to call the Benefit Collection Unit to try to set up a payment plan. Also, pay close attention to any garnishment notices you receive. You may be able to claim certain exemptions to reduce the amount of the garnishment, but the time frames for doing so are limited.

1

Attorney answers:

  1. Joel Phillip Nichols

Can an employer tell an employee he may not leave work early to get his kid to school?

Asked by a user in Everett, WA - 23 days ago.

It is not unlawful for an employer to refuse to let an employee leave work early for personal reasons, even compelling ones such as the need to get a child to school. Still, most employers are willing to work around empoloyees' schedules as long as it does not have an adverse impact on the employer. It is generally a good idea to get such arrangements in writing so both sides have a clear understanding of them. The bottom line is that, absent some unlawful act by the employer (i.e., refusing...