Form for conflict checks, so we can talk
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“At will” is a legal phrase that means the employer has the right to fire an employee at any time, for any reason, including a senseless, mean, spiteful, or arbitrary reason, as long as the reason is not unlawful. An “at will” employment can be ended at the will of either the employer or the employee. An employment contract that has no definite duration, and that has no limitation on the employer’s ability to fire the employee, is normally “at will.” Continue reading
Clue #1: You’re an hourly employee who often has to work through lunch, but your employer automatically deducts half-hour “Meal Breaks” from your time, Federal law: the Fair Labor Standards Act, requires that you be paid at least minimum wage (or overtime) for all working time. If your employer knows or should have known that you did not take a half-hour meal break, it breaks the law in deducting that time if the deduction means that your average pat was less than the minimum wage when your pay rate for that week, dividing total pay by hours actually worked, is less than the minimum wage; or if you worked more than 40 hours that week, because the deduction means that you did not get time and a half for all hours worked over 40. State law: Many States have wage payment laws requiring employers to pay the agreed hourly rate…
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Richard Seymour spoke on December 5, 2008, on Evidence in employment cases, at an ALI-ABA conference in Washington, D.C., sponsored by the American Law Institute and American Bar Association.
Please read Clue #1 first. This clue does not repeat the situations illustrating the differences that arise because of pay rates close to the minimum wage, or the differences between overtime/and no-overtime claims. Clue #3. You punch a time clock, and your time is captured by a computer that calculates your hours and your pay. However, you think you worked longer hours than the company’s time records show. One Important Fact: It is a crime under Federal law, and under many State laws, to alter an employee’s time records to deprive the employee of the pay to which he or she is entitled. Another Important Fact: It is perfectly legal for employers to “round up” and “round down” time on time clocks if they do so in a neutral manner, benefiting the employee sometimes and the employer sometimes, and by similar but small amounts. Example 1: Helen routinely clocks in…
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