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Jonathan Meyers

Jonathan Meyers’s Answers

3 total

  • Are there repercussions for not having court ordered discovery in on time.

    What happens to a party who was given a directive by a judge, in a court order,, to have certain discovery in by a certain date and the discovery is not in. Is the party in contempt of court and what will the judge do at a case management confer...

    Jonathan’s Answer

    It depends on a number of things, such as: (i) what kind of court are you in? (federal or state superior court?); (ii) what is the temperment of your judge?; (iii) what is the case about, and how important is the discovery you seek to proving an element of a claim or defense that is important to the case?; and (iv) how many times have you - or the judge - asked for the discovery?

    If a party fails to provide discovery, the judge could dismiss their claims, or strike their answer, or prevent them from taking a position, at trial, that they would have liked to take. Its also possible for a court to issue monetary sanctions on the delinquent party. Usually the more severe consequences are reserved for parties who intentionally withhold very important evidence, after have been asked to do so several times.

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  • Am I entitle to my missing weeks of pay?

    I am 10% of a LLC, my employment agreement states that the Company shall pay me a weekly salary. How ever its been three weeks I have not gotten paid, I decided enough is enough and told my partner I am done. Am I still entitle to my three weeks o...

    Jonathan’s Answer

    Most likely, yes, you are entitled to be paid. If its clear under the terms of your employment agreement that you are entitled to that pay, then you are. Moreover, even though you have a small ownership stake in the company, you may be entitled to further statutory guarantees of at least minimum wage (and possibly overtime pay), depending upon what your job duties were.

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  • Can i get back pay for working over 40 hour on salary.

    I have been at my job alittle over two months. When i started we did what you would say Cleaned House. The empoyees that were there didn't do there jobs, took naps, and showed up late if at all. Anyways as Manger i was requiered to cover all if no...

    Jonathan’s Answer

    It depends. You may be entitled to overtime -- but you may not, depending upon whether you are exempt from the legal requirement to pay overtime. Some employees fall into classifications that make them exempt from overtime requirements. Since you describe yourself as a "manager," you may fall into one of the exemptions, such as the executive or professional exemption. However, job titles are not controlling when it comes to determining whether an employee is exempt under the law. The only way to know, with any degree of certainly, is to review your particular job duties with an employment attorney who is familiar with wage & hour law. If you are exempt, then, no, you are not entitled to overtime. If you are not exempt, then you are.

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