Iowa Employment Legal Questions

If you are an hourly employee, then every state law requires that you be paid for each hour you are actually working.  An employer cannot force you to work "off the clock" without violating the law if the employer fails to pay you the proper hourly rate for the actual time you worked.  An employer sometimes asks employees to work off the clock to avoid paying overtime.  This is also a violation since it deprives you of earning overtime pay.  You should speak to an attorney to investigate this further.... Read More

If you are non-exempt, meaning you are not a manager and do not fall into one of the execptions to overtime, or if you are paid hourly, then the employer must pay you overtime in any week where you have worked over 40 hours.  Even if you had signed some agreement to the contrary, you cannot waive your rights to overtime.  You should consult with an attorney in your area to make sure you do not fall into one of the exceptions, and then request payment for your overtime rate,  penalities for failing to pay you overtime, and legal fees for having to take legal action to get what the law requires.... Read More

Absent some written agreement, or at least a very clear verbal agreement for a term of less than one year, you would be considered an at will employee.  There may be some exceptions if you work for a government entity or are represented by a union.  You are assumed to be an at will employee absent something clearly indicating to the contrary... Read More

It depends, but probably "yes."  Assuming you report to work at a certain time each day, and that you clean a residence, then travel to the next location, clean that residence, travel to the next, etc. The time spent driving between the first residence, and the last (and all of those in between) would be considered "Time Worked" under the federal wage and hour laws.  That answer assumes you are an employee of the cleaning company.  If you are a true independent contractor, different rules may apply.... Read More

The medical information that your wife's employer had and which she shared with other employees is most likely protected by HIPPA.  You should call the office of Civil Rights of the Department of Health and Human Services in Atlanta and ask to file a HIPPA complaint.   Michael Caldwell 404-979-3150... Read More

Assuming (1) that your employer is large enough to be covered by the federal Fair Labor Standards Act, and (2) that you worked more than 40 hours in the 7 day pay period, and (3) that your job duties and pay do not exempt you from coverage by the overtime pay laws, you can notify a local employment lawyer and file suit against the employer for non-payment of overtime.  If you win the suit, the employer will be required to pay you the amount of overtime that you should have received, plus an additional amount equal to the unpaid overtime (as liquidated damages), plus your attorneys fees and costs.  You also can contact the US Department of Labor Wage Hour Division and report the employer. They sometimes will file an action for you.   Michael Caldwell 404-979-3150... Read More