Stephen G DeNigris's Answers

Which law applies in this case?

Florida's Equal Pay statute, Florida Statutes, Section 448.07 parallels the Federal Equal Pay Act of 1963 (EPA). Both statutes provide that victims of gender-based discrimination may recover the differential between the wages paid and the wages which should have been paid for a maximum of one year prior to filing suit. Both statutes permit the claimant to bring a civil action directly without the requirement of exhausting the administrative processes. In addition, both the FCHR and the EPA...

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In Florida, am I required to appear if I receive a Notice of Taking Deposition via fax and U.S. Mail in lieu of a subpoena?

Take a look at this link. It should answer your questions about what the rules of civil procedure require in a civil deposition. But you really need to get competent legal help. If you can't afford an attorney try to get a consultation anyway becasue an attorney may be able to assist you in having your ex pay for your legal representation. http://floridacivpro.com/rules/2009/11/1310-depositions-upon-oral-exa.php This response does not create an attorney client relationship nor...

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My wife recently got a job at the IRS. She needs emergency surgery.

First of all, how long is recently? Is she still on probation? Did she come from another federal agency where she had career status? Is she a temporary employee or what is called a "term employee?" The answers to these questions will make a lot of difference for employees working in the federal sector. Also, if she is a federal employee, the National Treasury Employee Union represents IRS employees and there is a collective bargaining agreement (contract) in effect which provides her...

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Can you please tell me what is the difference of what a personal cori report is and what exactly an employer can see?

CORI (Criminal Offender Record Information) is a person's criminal history. You will have a Massachusetts CORI if you have ever been charged with a crime in a state or federal court in Massachusetts, whether your case ended with a conviction, a finding of not guilty, charges were dismissed, or another outcome. The Criminal History Systems Board (CHSB) is the state agency in charge of the criminal justice information system, including CORI services, for Massachusetts. According to CHSB,...

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Is it legal for a restaurant in MA to make a server pay for a bill that a customer walked out on?

Your employer cannot dock your pay. Your employer must give you your full paycheck. He cannot take matters into his own hands via paychecks. To me this means that you probably don't work under a collective bargaining agreement. If you are having problems, I would report the employer to the Massachusetts Department of Labor Wage and Hour Division. They may be able to help.

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How long does it take the Dept. of Labor to investigate someone for unemployment fraud ?

As long as they need. There is limit to the time a person can be investigated. The New York Department of Labor which administers the UI Program has a special hotline and unit dedicated to investigating UI fraud. The DoL actively investigates these matters and works closely with the county district attorneys and the New York State Police. For example, in late 2009 and early 2010 the DoL, various district attorneys and the NYSP arrested 53 individuals in the three upstate regions for...

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How does one word a "non-liability clause" between contractor and client?

I don't want to do your homework for you but let me try and point you in the right direction. My first point is, DIdn't you just answer your own question? In other words you already said, "the contractor will be responsible for damages. . ." To further that goal, I would think that you would want to include language that did the following: 1. The property owner wants the contractor to have insurance to protect against less than workmanlike alterations to his property; 2....

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The airport lost my luggage due to negligence on their part ( they put my luggage on a flight other than mine without informing

The short answer is no, you don't have the right to review the the security footage at the airport to find out if your luggage was stolen. You do have a right to file a claim for the lost luggage. You need to look at the particular carrier's rules for filing claims. You need to be as specific as possible on what the bag contained because in many instances, there are limits to which can claim. If the airlien is resistant or tries to stonewall you, you can file a formal complaint with the U.S....

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Time clock lock out.

Under federal law, you are entitled to be paid for every minute that you work. The law is called the Fair Labor Standards Act. It is also a violation of Massachusetts state law. My suggestion to you, is to contact the U.S. Department of Labor, Wage and Hour Division in Boston. That number is (617) 626-7100. Tell them your problem. You will have to file a complaint and generally can remain anonymous. They have the authority to subpoena records and conduct an audit of the employer. The...

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I was wondering if you could get a job in the FBI if you got in trouble in Florida and adjudication was withheld

An answer to your question could be more helpful if you had revealed what you had been arrested for and some of the facts. I also would want to know how long ago the W/H adjudication happened. I would say this to you. Because you did not provide much information, I suspect the charge was a fairly serious charge. Thus, a serious criminal charge revealed during the background investigation will probably not result in a positive determination. And realize this, you must be completely...

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