Answers Posted By Bruce Elfvin

I don't think so, if you are paid hourly and the hours are "predetermined" by the employer, then there will be an issue on whether you are properly paid, if the employer pays by the days or route then the DOL answer may be correct, but I do not think that the employer can arbitrarily continue to count all routes the same once it is on notice.

You should consult with an employment lawyer near you and get all of your documentation together on when you turned in the time and supervisor marked it off.

You can select an attonrey near you at: www.oelasmart.net/directory />
Regards, Bruce Elfvin

answer to Can my employer (school district) refuse to pay me for extra time worked? posted Mar 15, 2010 12:22 PM [EST]

Unless you have a written contract or are part of a collective bargaining unit (union), the employer can treat you as an at-will employee. The employer is free to change the rules, but has some obligation not to change the rules in an unlawful or discriminatory manner. If assignements only change for African-American employees and not the white employees, it may be race discrimination, even though it does not violate employment at-will.

If you need advice, see an employment attorney near you. You can select one at www.oelasmart.net/directory

answer to Made-up Rule posted Mar 9, 2010 3:05 PM [EST]

ODJFS should answer these questions, it appears that you will not be disqualified, but that decision will be by ODJFS. You shuld apply under the old and see whether or not they think it should be a new claim.

answer to Can I collect unemployment? posted Mar 2, 2010 3:33 PM [EST]

You raise some very complex issues related to H1B visas and what arrangements can be enforced. In general the 13th Amendment to the United States Constitution prohibits indentured servitude, even where it is paid. You also should have some records of hours you worked. It does violate federal law not to pay you and it is a violation of federal law not to provide you with a W2. You need to talk to an employment attorney to determine whether or not you state claims that an attorney would proceed on without you paying a fee up front.

You can select an employment attorney near you at: www.oelasmart.net/directory

answer to Ex employer harassing sending collection notice... posted Mar 2, 2010 10:52 AM [EST]

The simple answer is no there is no precise definition, but it would have to be substantially similar in authority, pay, and general duties.

answer to Comparible Offer posted Feb 26, 2010 5:14 PM [EST]

The problem is that sexual harassment is not very well defined for the normal working person. What may be fine in one context is offensive in another. The best advice is to be clear about boundaries personal and of others and be sensitive to where the line is drawn for unwelcome. The accused harasser does not have any specific set of rights, although the real issue will come down to what was unwelcome and what you really did. If management is accusing you of hitting her on the behind, then you need to be clear that you do not do nor condone this. Put it in writing for your file.

I would like to say that all conduct is consistent between men and women in the workplace, it is not, so if you are uncomfortable with "sex life" chats or rubbing against you, you need to say so. You don't need to run to management unless it continues. If you conduct yourself consistent with your description, you may actually find out why she went in the first place.

answer to Do I have any rights as being accused of Harassment? posted Feb 26, 2010 5:04 PM [EST]

The first question is to determine whether or not there are enough employees for coverage under state or federal law. State law requires 4 or more, federal requires 15 or more. Based upon your description it sounds like the hostility was directed at you and a co-worker due to race. You reported the conduct including a police report. And now have letters showing up at work. You should at least file a charge of discrimination to make sure that the letters are preserved. In addition, if this is racial hostility then you need to maek sure that you let your manager know that you oppose being treated differently because of race. You should be as calm as possible in this process and then see an employment attorney near you.

You can find one at www.oelasmart.net/directory

answer to How do I take care of a hostile employer? posted Feb 19, 2010 4:22 PM [EST]

Your description does not allow me to make a judgment on whether or not you were wrongfully or illegally terminated. There do appear to be issues related your payments and what the company is doing in communicating to others that raise concerns. I believe that you will not get better answers until you take all of the documents and what you know about the policies and meet with an employment lawyer.

You can select one near you at: www.oelasmart.net/directory

answer to Was I wrongfully discharged? posted Feb 3, 2010 11:59 AM [EST]

There are many exemptions under the FLSA, but I do not believe that any will apply unless there is other benefits such as living quarters etc. Overtime may still apply, but you really should decide how to approach this with the nanny and then see a local employment attorney who can look up the DOL regulations, you can wade through these too to see whether there is an exemption for your particular situation or not.

You can find an employment attorney near you at www.oelasmart.net/directory

answer to nanny overtime posted Feb 2, 2010 5:13 PM [EST]

As a strict contract matter it will be difficult for an employer of 1 week to enforce an agreement that you never signed. Most courts will be hard pressed to enforce the agreement unless the employer can show that you got a large amount of confidential information. Other than this see an employment attorney, it will be worth the cost.

You can select one near you at: www.oelasmart.net/directory

answer to New job with Non-Compete Contract requirements. posted Jan 28, 2010 4:02 PM [EST]