Archived
My employer clocked me out while I was at a work location. She changed my time card from 1 week to the following week and then.
Jason's answer
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Answered on December 13, 2011
This is an illegal pay practice. The employer has the right to define the work week, but once the week is defined you are entitled to overtime for...
Archived
Shoul I join a class action suit vs. a certain Credit Card co.?
Jason's answer
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Answered on December 13, 2011
In consumer litigation, the class mechanism enables the masses to litigate a predominate problem, even if the individual claims are generally cost...
Archived
401 K funds embezzled
Jason's answer
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Answered on December 12, 2011
ERISA laws govern the handling of 401K accounts. This case would be suitable for a class action and my firm would be happy to look into it, but the...
Archived
Minimum wage for a licensed attorney in NY
Jason's answer
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Answered on December 12, 2011
You need to review the prevailing wage scale to see where you fit in under the Department of Labor AND since you are on an H1B, there should have...
Archived
My boss makes me stay in the store while I am clocked out on my lunch break. If I am clocked out, can't I leave and eat?
Jason's answer
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Answered on December 10, 2011
If you are an hourly non-exempt employee, the employer is under questionable grounds to dictate where you spend your lunch, however, the real...
Archived
Can my employer hold my pay check if I gave back my key?
Jason's answer
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Answered on December 10, 2011
You are entitled to your wages if you worked them. In addition to the final pacyheck act that most states have, the failure to pay wages may...
What happens when a real estate broker fails to pay his former agent/salesperson commission because he doesn't have the money?
Jason's answer
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Answered on December 10, 2011
New York has very definitive laws that govern commision rights for the employee and you may be entitled to triple damages for the breach. However,...
Archived
Do Auto Technicians get time & one half for over 40 hours? My employer says "No & no premium for night shift either."
Jason's answer
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Answered on December 10, 2011
Under Federal Law, there is no premium for night differential, so that is a discretionary, not mandatory, practice an employer may do. As an Auto...
Archived
Can a employer deduct(takeaway) over-time already worked by the employee?
Jason's answer
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Answered on December 10, 2011
If you were properly classified as a non-exempt hourly employee this is completely an illegal practice that would entitle you to double damages and...
Does my Manager have the right to scream at me in front of co-workers and customers?
Jason's answer
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Answered on December 09, 2011
Under Federal Law the boss has a prerogative to be a bad boss and screaming is usually one trait of one. The Courts routinely throw out cases...
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