My friend worked for a restaurant. The restaurant had a policy of giving a "test" to hired employees before they were allowed to work. However, my friend was not made to complete or take the test. He was allowed to work-initially because GM wanted...
Your friend should speak to an employment lawyer - what you state is a "prima facie" case of discrimination.See question
Such as a construction worker driving the company truck from the office to the site three hours away.
Travel time for non-exempt workers is to be included in hours worked for purposes of overtime calculations. However, if he drives a heavy vehicle (greater than 10,001 pounds), he may exempt from overtime, and therefore, he would not have a right to be paid these hours unless the employer promised to pay them (and broke that promise).See question
The agreement will restrict me from working for any competitor who offers a competitive product that can replace the product of the company. The restriction will not allow me to work for any competitor in the US for up to 1 year after the end of ...
Terrible predicament to be in... perhaps you could convince them that: (1) they should pay you a base salary to sit out if they want to enforce this at the conclusion of your employment; and/or (2) that it be limited to a circumstance where you resign without good cause.
I have seen good employees get fired after a few weeks and their new employer will invoke this sort of noncompete against them. Yes, this stuff is terrible.
Happy New Years - best of luck,
Howard B. HoffmanSee question
My wife works for a group practice of a Washington DC law firm from our NYC address. The firm is not a true law office , its only in name only. She works many many hours as a salary employee with no compensation for weekends overtime vacation time...
You need to describe what she does for them.See question
For the past few weeks at a major swim school in Richmond, Virginia my employer has known that the pool chlorine pump is broken and absolutely zero chlorine has been in the pool. It is a children's swim school so the chlorine does a major job in ...
Contact a workers comp lawyer and file a complaint with OSHA.See question
I usually drive a battery truck which has 3 bays that secure auto and marine batteries. My truck has been a disaster and contstantly in the shop. My company is taking their time to buy a new one. They stick me in a van where i load up to 100 batte...
You can report unsafe working conditions to OSHA. However, you may want to talk with an attorney first. Also, you may want to check with an attorney whether you are owed overtime - especially if you are a roadside assistant - many such workers are misclassified and owed thousands in unpaid overtime. Your "battery truck" peaked my interest.See question
It's been a couple of months in now where my boss decided to NOT allow us to keep our tips anymore instead she adds it to our paychecks where they end up basically taking it all away. I get payed by commission. Sometimes the clients leave tips. Bu...
Employers are more frequently adding credit card tips (and sometimes all tips) to an employee's paycheck. Sometimes, it can be a ruse to underreport your actual tip income and take monies from you. There are also many other legal issues that impact tip employees that you may be unaware of - for example, whether they require you to pay for customer walkouts.
You should talk to a lawyer experienced in wage litigation who has successfully handled tip worker cases, and who would be willing to talk to you with no obligation. Lawyers in this area of work should be willing to work for a "statutory fee" imposed against the employer, and not take a percentage of your recovery.
Howard B. Hoffman
well I worked for a tow truck company for 2 1/2 yrs working 12 hrs a day getting paid for 8 hrs. all my pay stub that I have are extremely messed up on my first set of pay stubs it says im making $1000 a hr working 80 hrs . so that being said he o...
Tow truck drivers can be potentially exempt from overtime.
What you need to do is to contact a reputable employment lawyer who is experienced in just these sorts of cases (and doesn't handle all sorts of injury cases). The lawyer should be wiling to work for a "statutory fee" and not charge you a contingency (percentage) of your recovery. Check references.See question
I work 2nd shift 3 pm.-11:30 p.m. When I am at work I get my regular (day shift) pay plus 2nd shift differential. When I call in sick or use approved vacation time, my employer only pays me my regular (day shift) pay for those missed hours. Also, ...
I agree with my colleagues regarding the first half of this question. Regarding the payment of overtime, they must include shift differential in determining the "regular rate" for purposes of overtime calculation. I would highly suggest that you talk with an informed and experienced lawyer regarding this issue.
Howard B. HoffmanSee question
As prison employees, we are required to stand in line and be searched every day before we go to our time clock and punch in.
Unfortunately, you can thank the US Supreme Court for allowing this unpaid wage practice to continue.
They ruled in favor of an employer in nearly identical circumstances. See https://www.supremecourt.gov/opinions/14pdf/13-433_5h26.pdfSee question