38

There is a rather elaborate three step analysis that is done in civil rights cases under U.S. precedents. Circumstantial evidence, as opposed to direct evidence of discrimination (which is less frequently available to plaintiffs), is analyzed under a three-part test created by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). STEP ...


35

being overtime-exempt means they're not required to pay me time & 1/2 for overtime, but they're not prohibited from doing so correct? No, the employer is not prohibited from paying you time & 1/2 for overtime. Nor is the employer doing you a favor with respect to the overtime you have been paid already. The employer looks foolish by telling you &...


28

Among other stories via Google, some major companies lost a 2015 civil lawsuit brought by their employees: Apple, Google, others settle antipoaching lawsuit for $415 million - CNET Filed by former employees of the companies involved, the lawsuit shed a light on the practice of some major tech industry players of allegedly working together to agree not ...


13

A company generally cannot compel an employee to agree to a non-compete, but they have a wide variety of alternatives for inducing employees to do so. Most obviously, they may threaten to fire employees who refuse, whether immediately or at the end of their current term, as another answer observes. Indeed, if Big Company makes an NC a condition of ...


13

This is explicitly prohibited under 42 USC 2000e-2(c) (c)It shall be an unlawful employment practice for a labor organization— (1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin; (2) to limit, segregate, or classify its membership or ...


13

Indeed, in the United States, employees without a written employment contract generally can be fired for good cause, bad cause, or no cause at all. The quickest answer would be that in cases where the employer has fired someone without due cause and they are indeed under no written contract, and their state does not protect them against such actions - and it ...


12

They have exactly zero legal grounds to withhold your last paycheck. From Code of Virginia 40.1: All employers operating a business shall establish regular pay periods and rates of pay for employees except executive personnel. All such employers shall pay salaried employees at least once each month and employees paid on an hourly rate at least once every ...


10

Go to know that you live in Washington. Per RCW 49.48.210, They must give you written notice with their evidence. Per RCW 49.48.210, section 3, you can (and should) request a review of the employer findings. Since the employer gave you the money, and you nor they saw any error until now, you may be protected under estoppel (WAC 388-02-0495). In the ...


10

There are numerous practical solutions, such as calling their supervisor, or calling the employee of yours who set up this arrangement, or providing some kind of proof that you are the ultimate boss. From a legal perspective, (1) the guards are acting as your agents which gives them some authority to exclude people but (2) you can revoke that authority. ...


10

Summary If they didn't steal your withholding, it depends a great deal. But if your employer stole your withholding, the IRS will sue them on your behalf. You will absolutely have grounds to sue them, and because tax law is so cut and dried in these situations, in that case, you will almost certainly win. You need to contact the IRS immediately and advise ...


10

I assume you are working in the US outside Montana (corporate headquarters is not so important). It depends on how long they are presently required to keep you on. If you have an at-will contract (most likely), they can present you with a "sign or be terminated" ultimatum. In case you have a term employment contract, you can be forced to sign at the end of ...


10

Yes, they owe you time and a half. But, and it's a big BUT: If the contract lets them fire you, then they can just fire you. So, depending on whether they can let you go, what they're really saying might be, "We can't undo the time and a half we gave you in the past. Going forward, do you want to forfeit the overtime pay, or be let go?"


8

You have security for a reason. That is to prevent unauthorised persons from entering the building. It would be unreasonable to fire someone for preventing you, an apparently unauthorised person, from entering the building, because that is exactly their job. This can apply even if the guards knew you personally, depending on the authorisation protocol in ...


8

If you are employed at an office in Massachusetts, you are covered by Massachusetts labor law. When an Ohio company wants to operate in Massachusetts, it cannot just come in and unilaterally decide to use the labor law of another state.


8

From mhoran_psprep’s answer on Personal Finance & Money: Ask for documentation proving the amount they say you were overpaid, and ask for time to review their claim. If it is a large amount that they can prove you owe, and if you were staying, then you could ask for the repayment to be spread over multiple pay checks. This would avoid the situation ...


7

Bonded labor is illegal in India, but enforcement is lax. Read Right against exploitation in Fundamental rights in India. The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and Begar (forced labour)... As per law, they cannot make the contract binding if it relates ...


7

If the employment contract treats base pay as an advance on future commissions when an employee has not earned the minimum number of units, then the company is probably entitled to repayment of advances not earned out. On the other hand, if it treats the base pay as a guaranteed minimum, the company would not be entitled to a refund. The specific wording ...


7

7:45 PM (10 hours work, 45 minutes break) for the maximum allowed workday that starts a 9 AM. In this sense working hours means the actual time you are working (and being paid for) so a break does not belong to the working hours the working hours are being interrupted by the break A break must take place after a period of 6 hours. Insurance coverage ...


6

What do I do? Promptly hire a new lawyer. Dispute claims for fees to the extent that they were not earned or that no value was conferred.


6

You can probably refuse A contract cannot be changed unilaterally unless the contract provides for unilateral change - its unlikely your contract does. In any event, the person with such a power of unilateral change has to exercise it reasonably. It is an implied term of employment contracts that the employee must obey the lawful and reasonable directions of ...


5

Why does the US FLSA have a separate classification for “Computer Employees”? Based on the rationale in 29 CFR 541.3(a), one may infer that FLSA seeks to protect workers who perform work involving repetitive operations with their hands, physical skill and energy [...] [where] the skills and knowledge required for performance of their routine manual ...


5

Everything is allowed unless the law says it isn’t Common law systems like the USA are ‘exceptions based’ - the law permits everything except what it prohibits. So, your question is backwards - rather than looking for laws that allow it, you need to look for laws that prohibit, restrict or regulate it. There are laws that regulate this but none that ...


5

You can file a complaint with the CFPB regarding 12 CFR §1005.10(e)(2)-1. Your individual state Department of Labor may enforce similar state level regulations too. And, yes, this technically falls under the FDIC as well. You can also file a complaint with them, although it's very unlikely they would pursue any action against a non-bank employer. The FTC ...


5

Not all jurisdictions allow you to fire without a valid reason. But even places that do, there is a lower standard of proof in civil cases. Lawsuits only require the judge or jury believe it is more likely than not that the firing was for a bad reason (unlike a criminal trial where the standard is “beyond a reasonable doubt”). If you hire a male employee who ...


5

The reason to not make up a dumb cause for firing a person is that they will argue that you are discriminating on the basis of e.g. religion, and then the two sides will present their evidence. It is highly likely that if you have a hatred of the person's religion, you will have provided them with some kind of supporting evidence in the form of your behavior ...


4

It does not really matter exactly how the employer chooses to count working hours. However, the Fair Labor Standards Act (FLSA) requires, among other things, that the employee is at least paid the official minimum wage for each hour worked, and gets overtime pay for >40 hours per week. The Act also defines what counts as "hour worked" for these purposes. ...


4

There appears to also be bribery of local officials as well. Not to mention, He operates with impugnity out of "The North Pole" which is I believe a TRADEMARK of a certain (now aging) USA male porn actor. I'm SO guessing that Santa is gonna appear out of nowhere, when the arctic oil drilling rights are being carved out among the abutter nations...and he'...


4

It is mandatory for the employer to provide sufficient restrooms (“cabinets d'aisance”), as per article R4228-10. Other provisions regulate evacuation, ventilation, heating, disabled access, etc. There is no provision regarding when employees are permitted to use the restrooms. There can't be a single rule that works for every profession: some jobs don't ...


4

Some states (including California, Connecticut, Delaware, Illinois, Minnesota, New York and Oregon, per the website below) have recently passed legislation outlawing pay secrecy requirements. Check online to see if the state you will work in is among them. Also see http://www.npr.org/2014/04/13/301989789/pay-secrecy-policies-at-work-often-illegal-and-...


4

You can ask nicely, but there is nothing you can do legally to prevent your former employer from making disclosures related to your former employment so long as they are true.


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