Tennessee Employment Legal Questions

The FMLA, specifically Title 29, United States Code Sec. 2611(12) defines son or daughter to include a biological, adopted or foster child, a stepchild, or a legal ward only if they are under 18 years old, or, are unable to care for themselves due to a mental of physical disability.  Therefore, your employer is correct that there is an age limit.  I think the next question is whether your child is incapable of self-care due to physical disability.  At the moment, he or she is hospitalized and care is being provided.  However, if your child is unable to care for himself/herself for some period of time after release from the hospital, there is a chance you might be eligible for leave on that basis.  Your eligibility would probably depend on a variety of factors, however, and I recommend you discuss the issue in detail with your employer's human resources folks.... Read Answer

Ashley,   Your boss has a right to practice her religion in the workplace.  However, she cannot force her religion on you.  You have a right to believe what ever you want.  It is a fine line and depends on other factors and specific details of what is said to you. You should probably contact a TN attorney. My firm only practices in NY, NY, PA, and DC.  But if you are interested, I have attached a link to a report of a case that I tried with my partner last March (2012) in New York for religious discrimination and won a Jury Verdict of $1.6M, which might give you some more insight. Salemi vs. Gloria's Tribeca Inc.:  http://www.arcelawgroup.com/cases/salemi_verdict_summary.pdf... Read Answer

First we have to understand that what you consider "harassment", your employer considers managing you as an employee.  When an employee suffers from a disability, the employer is required to make a "reasonable accommodation" which permits the employee to perform the "essential functions" of the job.  You have not provided enough information about your job for me to make any determination regarding what the "essential functions" may be, but in most cases one of the "essential functions" is for the employee to be present at the workplace.  Your employer has apparently concluded that setting you up with a "work from home situation" is not a reasonable accommodation.  Also, if your condition leaves you exhausted and you have to lie down, your illness may prevent you from performing the essential functions of your job, in which case you may not be protected under the law.  The fact you have been "written up" seems to indicate your employer believes you are not performing the essential functions of the job as required. Since your condition is quite rare, (and I'm assuming you have medical documentation for the illness), I suggest you check with the Tennessee Human Rights Commission and discuss your situation with the professionals at the Commission.... Read Answer

You may be entitled to pay for the travel time.  From a legal standpoint, the question is whether the travel time is considered "time worked" or simply commuting.  Generally, if your employer requires you to take a company truck, company equipment, etc. home with you and then travel to your assigned job site in the truck, with the equipment, the travel time may be considered "time worked."  On the other hand, if your employer simply allows you to take the truck and equipment home each day since it is more convenient for you to travel to the various job sites from home rather than reporting each morning to a central office and leaving from there, the travel time may not be considered "time worked."  I suggest you check with the Tennessee Dept. of Labor. Their professionals can determine whether you are entitled to be paid for the travel time.... Read Answer

It is very doubtful that the company could have a relationship with you that is a true independent contractor relationship as defined under cases interpreting the Fair Labor Standards Act (FLSA).  This means that in all likelihood they owe you overtime for all the time you worked in excess of 40 hours in a 7 day work week. This also is most likely a willful violation of the FLSA, which means you should be able to collect the unpaid overtime plus an equal amount as liquidated damages, plus your attorneys fees going back 3 years from the date you file a lawsuit in federal court to recover the unpaid overtime.   You should contact an employment lawyer who represents plaintiffs. Since you are in Tennessee you probably should look for a local employment law specialist.  The longer you wait to bring a case, the more back pay and damages you will lose because of the 3 year statute of limitations for willful violations of the FLSA. Michael Caldwell 404-979-3150... Read Answer

The "bottom line" answer is pretty simple here.  If you worked more than 40 hours in a work week, your employer must pay you overtime.  From your question, however, I'm not sure who your employer was.  You say you were a "contractor" or "subcontractor."  That seems to say you were employed by a security company which then assigned you to a post with one of its clients.  Despite the fact you work the uniform and patches of the client, if your employer was the security company, it is that company which would be required to pay you the overtime, not the client for which the security services were provided. ... Read Answer

typically, the limitation period would be 180 days for a state agency and 300 days for the EEOC.  If you have time remaining, you should first see an attorney about your case.  If time is short, you can contact your state employment discrimination agency or the Equal Employment Opportunity commission about filing a charge, and then meet with an attorney... Read Answer

Probably not.  First, you say you are a "subcontractor."  If you are indeed a "subcontractor," and by that I mean you have your own business and would meet the legal "test" for being an independent contractor, then you would not be an employee.  If you are not an employee, the payment arrangements depend on your "contract" with the other company.  However, from the limited amount of information you have provided, I doubt you are a "subcontractor" and I suspect you would legally be an employee of the company for which you are working.  If you are an employee of the company, the employer is required to pay you for any time you work. I suggest you contact the Tennessee Department of Labor.  The professionals there can assess your situation and give you a definitive answer. ... Read Answer

The typical law in most states is that the employer must pay you for the time you worked once your employment has ended within the next normal pay cycle.  So if you are paid every 2 weeks, you should get your last pay check at end of your last 2 week pay cycle.  This must be done regardless of your lack of notice when you left work Speak to an attorney if the company does not pay you... Read Answer

First, there is no "law" which requires an employer to give employees vacation, paid or unpaid.  Vacation is a matter of either an agreement between the company and the employee or a company policy.  If the vacation is part of a written agreement or contract between the company and the employee, the company cannot change the terms without the consent of the employee.  However, if the vacation plan is simply a company policy, the company has the right to change the policy unilaterally without any notice to the employee. But, if the company has a policy that allows employees to take paid vacation, and the employee has earned the vacation but not taken it (called "accrued vacation")  the company may owe the employee compensation for the vacation the employee hasn't taken if the company changes the policy.  Stated differently, it may be a violation of the law for a company to tell a worker that it has changed its vacation policy without notice and will no longer pay for vacation the employee has already earned but not taken.... Read Answer

There may be a reason for asking for your password, but I am not sure why the supervisor would need it.  The bigger concern is that if the supervisor logs on for some improper reason using your name, then you may be at fault.  I would document the fact that you were asked and complied and do a cc to HR or the IT person so others know about this and approve of it... Read Answer

Well, nothing is ever easy in wage and hour law.  First, the fact you are on a "2 week pay period" doesn't really matter for purposes of overtime.  If you work more than 40 hours in a "work week," and you are not an exempt employee (which it certainly seems to me you are not), then you are entitled to be paid overtime for every hour over 40 which you work in that "work week."  However, a "work week" may not be from Sunday through Saturday, but could start and end on any day.  But an employer cannot change the "work week" to avoid the payment of overtime.  So, generally if your "work week" is from Sunday through Saturday, and you worked 55 hours in that work week, you would be entitled to overtime for the 15 hours over 40 in that work week. But, let's say the work week is from Sunday through Saturday and you work 38 hours through Friday, 10 hours on Saturday and 7 hours on Sunday for a total of 55 hours.  You've only worked 48 hours - 8 of which are overtime - during the work week, with 7 hours on Sunday being the first 7 hours of your next work week.  If the employer then has you stop working after another 25 hours, you have only worked 32 hours in the second work week and no overtime is due.... Read Answer

Under the FMLA, many employees (if their employer is subject to FMLA requirements) are entitled to up to 12 weeks of medical leave for treatment of their own serious health condition.  If the medical condition is diagnosed and can be treated in a way which permits the employee to return to week at a "date certain" sometime shortly after the 12 weeks of FMLA leave expires, the courts may require the employer to extend the leave (protect the employee's employment) for some reasonable additional period as an "accommodation" for the person's disability.  In your case, however, the leave period has expired, you have no diagnosis, your doctor will not release you to return to work, you cannot drive, and your employer has no idea when you might be able to return to work, if ever.  Under those circumstances your employer is probably entitled to terminate your employment and replace you.... Read Answer

Harassment itself, while reprehensible, is not illegal.  But,  If (and only when) harassment is a consequence of a "protected characteristic" such as the victim's race, color, creed, gender, national origin, age (if the victim is over 40), disability, military or veteran status, etc. or that is part of retaliation for the victim's exercise of rights protected by federal laws (e.g., to oppose or provide evidence in another person's discrimination case) it may be considered unlawful.  This is the motivation element of harassment     And then  . . .  harassment that meets the motivation test will only be considered legally significant if it either:  (1)  unreasonably interferes with your ability to perform your job; or (2) is so frequent, widespread, or otherwise pervasive in the workplace that it changes the workplace by becoming a regular part of the victim's working environment. This is the severity element. If you can show that the treatment you are suffering from meets both the motivational element and the severity element then you may have a case of unlawfully discriminatory harassment.  Keep in mind that you must file the EEOC charge not later than 180 days after the act of unlawfully discriminatory harassment to obtain a remedy for the act.... Read Answer

Under Tennessee law, a private employer must provide each employee with a 30 minute rest/meal break when the employee is scheduled to work more than 6 hours except in environments were employees have "ample opportunity to rest or take an appropriate break."  The break is unpaid.  Your employer is apparently deducting the unpaid break time from your check, as they are entitled to do under the law.  If your employer requires you to work for the 6 hour period without a 30 minute break, then they are required to pay for the time worked, and may also be in violation of the law, but that depends on whether your work environment provides opportunities for rest or breaks without the 30 minute mandatory break and the other circumstances of your employment.... Read Answer

Actually, this is an interesting question.  Generally, a person may file for unemployment compensation in the state where he or she resides.  In your husband's case, I understand that is Tennessee.  If the state of Tennessee grants benefits, it may then be able to have those charged back against the employer's account in Ohio.  I would suggest he file in Tennessee. ... Read Answer

Under the Fair Labor Standards Act (as well as under Tennessee's and most other states' wage payment laws) if you worked a shift your employer must pay you for it. It is the employer's obligation to make the record of the time you worked. If he has a problem making his time-keeping method, your recollection will control the issue. It will be especially helpful if you have a witness who can testify that they saw you working the shift. ... Read Answer

MS is  medical condition which substantially limits one or more major life activities, and you are probably protected under the Americans with Disabilities Act and its amendments.  You may also be protected under Tennessee law.  Whether your work environment is "hostile" within the legal definition depends on the facts of your individual case.  I suggest you clearly communicate your concerns, together with your request for specific additional training you believe you need, to your supervisor.  If that does not produce results, you might consider filing a complaint with whoever at your company is responsible for assuring compliance with federal and state antidiscrimination laws (or follow whatever internal complaint procedure is available).  If filing such a complaint doesn't get a sufficient response you may have to consider contacting the Tennessee Human Rights Commission or the Equal Employment Opportunity Commission.  The contact information for each should be posted at your workplace.... Read Answer