Answers Posted By Matthew Sutter

Answer to Can an employer require a salaried employee to work almost 100 hours a week without additional compensation? I am a restaurant manager and my assistant recently quit with no notice so I have been working 9AM-12Am for almost 2 weeks straight now, this cant

Whether you are a manager depends on the court's interpretation of your daily duties. It sounds as if you are performing non managerial tasks. If you would like a free 1/2 hour consultation to see if there is a claim for unpaid overtime, give me a call or send me an email.

Matthew T. Sutter, Esq.
Sutter & Terpak, PLLC
7540A Little River Turnpike, First Floor
Annandale, VA 22003
Telephone: 703-256-1800
Facsimile: 703-991-6116
Email: matt@sutterandterpak.com
Web: sutterandterpak.com

posted May 9, 2017 05:44 AM [EST]

Answer to Is a non-compete still valid if one isn't a W-2 by competitor, but a 1099?

It may be. It all depends on the terminology used. Generally speaking, if you are a 1099-contractor, you should be free to work for whomever you want to. Often times non-compete agreements will be discarded by the courts if they are not reasonable in scope. It may be that you have been misclassified as a contractor when in fact you are an employee. One factor to consider is whether you are free to work elsewhere. If you would like to discuss this matter, please contact me. No charge for a 10 minute talk on the phone.

Matthew T. Sutter, Esq.
Sutter & Terpak, PLLC
7540A Little River Turnpike, First Floor
Annandale, VA 22003
Telephone: 703-256-1800
Facsimile: 703-991-6116
Email: matt@sutterandterpak.com
Web: sutterandterpak.com

posted Apr 4, 2017 11:17 AM [EST]

Answer to I work in Virginia. Recently my employer gave me a promotion and called it an exempt position but from what I have read it is not exempt. I am only paid for 40 hours because I am a so called

You are probably classified. This happens a lot. Just because your employer says you are not entitled to overtime does not mean he or she is right. The question is a legal one. And the courts have the final say. If you like, you can set up a free consultation by calling my office. Hard working folks cannot be forced to leave money on the table. The phone call will be confidential.

Matthew T. Sutter, Esq.
616 North Washington Street
Alexandria, VA 22314
Telephone: 703-836-9030
Facsimile: 703-683-1543
Email: sutter@oldtownlawyers.com
Web: www.oldtownlawyers.com

posted Jan 24, 2017 05:56 AM [EST]

Answer to My company has pto that we earn Thur the year for vacation and they give us 4 holadays a year if I take a day off Thur. The week can they make me use a vacation day or holaday even if I ended up with 60+ hrs.

Did you work more than 60+ hours in a week? You may have a claim for overtime. Call me or email me. I offer free consults for these types of scenarios. Payment for vacation pay is dependent on the jurisdiction of your workplace.

Matthew T. Sutter, Esq.
616 North Washington Street
Alexandria, VA 22314
Telephone: 703-836-9030
Facsimile: 703-683-1543
Email: sutter@oldtownlawyers.com
Web: www.oldtownlawyers.com

posted Jan 17, 2017 10:05 AM [EST]

Answer to Can an employer withhold a weeks salary when you first begin a job and then not pay you for that week if you don't give a 2 weeks notice in VA? They have this clause in their employee handbook

No. They cannot do this. Moreover its wrong. Please call me and schedule a time for a free 1/2 hour consultation in person or on the phone. I would love to read this handbook. I suspect you have a case which we can help you with.

Matthew T. Sutter, Esq.
616 North Washington Street
Alexandria, VA 22314
Telephone: 703-836-9030
Facsimile: 703-683-1543
Email: sutter@oldtownlawyers.com
Web: www.oldtownlawyers.com

posted Sep 14, 2016 11:37 AM [EST]

Answer to Relocation Expenses

You have a good question. If there is an agreement for the payment of these relocation expenses then this may be a claim for wages. The payment of wages is not only a legal and contractual obligation, but a moral one. If you would like to discuss this matter further, please feel free to call me or email me to set up a time to meet. I don't charge consultation fees for cases like this.

Matthew T. Sutter, Esq.
Wade, Friedman & Sutter P.C.
616 North Washington Street
Alexandria, VA 22314
Telephone: 703-836-9030
Facsimile: 703-683-1543
Email: sutter@oldtownlawyers.com
Web: www.oldtownlawyers.com

posted Jul 7, 2016 08:08 AM [EST]

Answer to If I am changed from non-exempt to exempt in the middle of a workweek, do I still get OT that directly applies to my time as non-exempt? [Virginia with no daily OT law] For example, I worked Mon-Thurs as a non-exempt person, a total of 43 hours. Then Frid

Whether or not you are properly considered "exempt" is not determined by the whimsy of your employer. Its determined by the law. Drop me a line for a free 1/2 hour consult and we'll see if your employer did the right thing by reclassifying you to eliminate your overtime.

Matthew T. Sutter, Esq.
Wade, Friedman & Sutter P.C.
616 North Washington Street
Alexandria, VA 22314
Telephone: 703-836-9030
Facsimile: 703-683-1543
Email: sutter@oldtownlawyers.com
Web: www.oldtownlawyers.com

posted May 17, 2016 1:34 PM [EST]

Answer to I was denied for unemployment but here's my concern. I worked one job for the government for 9yrs and another job for only 3 months. My doctor put me on restrictions due to being pregnant but my 9yr job didn't have any work for me at the moment. The job I

Sounds like you may have issues other than unemployment. If you would like to schedule a half-hour consultation, please call Ms. Franco in my office. Her phone number is 703-836-9030. I do not charge consultation fees for expectant mothers. My contact info is below:

Matthew T. Sutter, Esq.
616 North Washington Street
Alexandria, VA 22314
Telephone: 703-836-9030
Facsimile: 703-683-1543
Email: sutter@oldtownlawyers.com
Web: www.oldtownlawyers.com

posted Apr 15, 2016 06:32 AM [EST]

Answer to Do i have to pay under Liquidity Damage penalty?

I suggest that you set up a free 1/2 hour consult to discuss this matter in person or on the phone. Whether or not the agreement is enforceable will depend on the particular terms of the agreement and the nature of the work you do. Please contact my paralegal Ms. Franco at 703-836-9030 or email me directly if you would like to set up a meeting.

Matthew T. Sutter, Esq.
Wade, Friedman & Sutter P.C.
616 North Washington Street
Alexandria, VA 22314
Telephone: 703-836-9030
Facsimile: 703-683-1543
Email: sutter@oldtownlawyers.com
Web: www.oldtownlawyers.com

posted Sep 28, 2015 10:32 AM [EST]

Answer to I work for a home health agency. My employer states that I am not eintilted to over time pay. I work 110 to 132 hrs a pay period

The law on this area has recently changed and there are other efforts presently being undertaken by the current administration which may provide you some protections in the future. If you would like to schedule at free half hour consultation, please contact me.

Matthew T. Sutter, Esq.
Wade, Friedman & Sutter P.C.
616 North Washington Street
Alexandria, VA 22314
Telephone: 703-836-9030
Facsimile: 703-683-1543
Email: sutter@oldtownlawyers.com
Web: www.oldtownlawyers.com

posted Sep 15, 2015 10:01 AM [EST]

Virginia Employment Lawyers

Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA
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Sheri R. Abrams PLLC
Oakton, VA
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Richmond, VA
Edward Lowry Edward Lowry
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Charlottesville, VA

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