Texas Employment Legal Questions

The law puts the burden on the employer to prove the exact amount of time an employee works.  If the employer fails to keep accurate time records (or prevents the employee from doing so), the employee is permitted at trial to estimate the number of hours of overtime worked.  That said, it would still be very helpful to have some evidence that it was you, not your Mother, who was actually working the hours.  Since I don't know the specifics of your job, think about records of things that are done or created while you work that create a trail of who was actually doing the job - computer logins, swiping a magnetic ID card, putting your employee ID into a cash register, siging delivery tickets or receipts, security camera footage, interactions with customers or vendors.  You should also keep your own private time record at home when this situation occurs.  Bear in mind that you have between 2 and 3 years to claim overtime.  That is a backward looking window, the end of which is marked by the day you file suit or a claim with the US Dept. of Labor.  Any overtime hours you worked prior to that window are forever lost.  So don't delay in asserting your claim.... Read More

In Georgia, you have no right to see this evidence. If you are discharged, and have an unemployment hearing, they could then be required to share this with you. You are asking a question about "due process" which is very important in legal proceedings, but, due process rights do not apply to employers not yet in a legal proceeding.... Read More

Any company in the U.S. can sponsor an H-1B work visa for a foreign national. The timing for filing H-1B cap cases is critical. U.S. companies with longevity, income and stability (size of workforce) are less likely to come under the government microscope with regard to H-1B audits and site visits. There is not a specific hospitality job that works for H-1B. However, it is important to note that H-1B visas are for professionals serving in specialty occupations. Professional positions, in general, are those that require the minimum of a U.S. Bachelor's Degree (or its equivalent). The immigration and nationality lawyers and attorneys at our Firm assist clients to obtain H-1B non immigrant professional and specialty occupation work visas on a routine basis.... Read More

In GA, there is a procedure to separate the tax refund, so that it is not subject to seizure for unpaid child support of a spouse. You will have to file an appeal once they seize your refund. In GA, your wages are not attachable for any of his separate debts. But, if you have a joint bank account, your wages deposited into that joint account could be taken in a garnishment of the joint account.... Read More

If you were discharged in GA for absences due to illness, and if the employer was properly notified, you are entitled to UI benefits in Ga. Even though this is GA law, you likely will need an attorney to win. If you are denied UI, you should file an appeal immediately. Do not go to this hearing without an attorney. Do not let GA DOL hold a telephone hearing, and be sure to file your appeal on time. "Properly notified" is based on employer rules - there is no law as what is proper notification. A doctor fax may not be sufficient. Many employers require you to call every day. Having a doctor's note does not make the discharge illegal. But, it may impact your UI decision.... Read More

If this new task is not part of the original job description or, even if it may arguably be part of your duties but was never or rarely performed before you took FMLA, then it appears that the employer is now retaliating against you for taking FMLA leave.  This would constitute illegal retaliation under the FMLA.  If this new assignment is not an essential job duty, then you can also ask for a reasonable accommodation under the ADA with respect to this new task.  You should also meet with an employment law attorney ASAP as it seems that the employer is looking to terminate you ... Read More

The employer can ask; it is the duty of the therapist to keep the information confidential. However, if you signed a release, either when therapy started or as part of the employer paying for your health care, then the therapist would be allowed to tell the employer. Also, talk with your therapist. I believe that the confidentiality requirement may not apply if you are a danger to yourself or others.... Read More

If you are the therapist in question, you should ask your licensing authority this question, or look it up in your code of ethical conduct. I do not know the answer If you are not the therapist , I still do not know the answer, but I suspect the employer should ask, if they have concerns about danger to him/herself or others in the work place. I also suspect the therapist is required to divulge such information to some one.... Read More

Am employer must pay you for all hours worked.  If the employer is also failing to give you credit for overtime and not paying you overtime wages (assuming you are not an exempt employee) then there are added penalties and fines you can also recover.  If the employer is shorting many employees on their wages, contact an attorney who handles wage and hour cases and claim under the FLSA.  They might be willing to file a class action on your behalf... Read More

The employer must adhere to the written FMLA policy that was in existence at the time you requested your more recent FMLA.  They cannot suddenly change the policy after you made your request for FMLA, especially when the change works against you.  If you are accurately quoting the policy, then your interpretation is correct.  A new 12 month period began from the date you first took leave back in Dec 2012 and a new 12 month period begins December 2013. You should contact an attorney to review the policy and the facts and have the attorney send a letter to your employer explaining the law and warning of legal action if they do not grant your FMLA rights.  You could also file a complaint with the United States Dept of Labor but that might take longer for them to resolve the issue.... Read More

At best, this situations sounds like her boss created a hostile work environment for the people present who may not have been comfortable with the comedian's act being shown in the work place. At worst, this could be considered sexual harrassment. Is you wife anticipating taking a maternity leave? Has she contacted HR? What has Canon's response been to the incident?  For more information about the law, please go here: http://www.twc.state.tx.us/news/efte/discrimination_never_says.html and here: http://www.eeoc.gov/laws/types/sex.cfm... Read More