ASK THE LAWYER, SAME JOB, DIFFERENT WAGES BY: DANIEL A. GWINN, ESQ.

QUESTION:  A co-worker and I both worked as Assistant Managers for a business. The Manager had a drinking problem, so we had to do his work on top of our own. When the manager was finally fired, my co-worker and I suggested that instead of hiring a new manager, we could split the managerial duties (for a bump in pay)

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Ask The Lawyer, Paid Time Off? By: Daniel A. Gwinn, Esq.

DOES NEW PAID TIME OFF LAW INCREASE WORKER’S PTO HOURS? QUESTION: I had earned 40 hours of Paid Time Off, which I could use for vacation time, sick time, or personal time, under my employer’s policy. In March, we were told that our PTO was being converted into Paid Medical Time to meet the requirements of a new law. Before

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Ask The Lawyer, He’s suing us, claiming we violated his rights.

LIFTING REQUIREMENT IN JOB DESCRIPTION MAY NEED TO BE MODIFIED QUESTION: The job description for a worker in the warehouse section of our business states he or she must be able to lift 40 pounds. However, we encourage workers to avoid lifting more than 30 pounds, if possible, and provide equipment to help workers lift anything really heavy. One of

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Ask The Lawyer, “No Toke?” By: Daniel A. Gwinn, Esq.

BLUNT ADVICE TO WORKER: DITCH THE WEED; EMPLOYER’S POLICY IS ‘NO TOKE’.’ QUESTION: After a minor accident at work, one of my co-workers had to take a drug test – it’s company policy whenever there’s an accident. He tested positive for marijuana, and was fired. He said he wasn’t under the influence, but our supervisor said that didn’t matter. Since

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

DOGGING IT? WORKER CLAIMS PET RETRIEVER IS NEEDED AT WORK FOR ‘EMOTIONAL SUPPORT.’ QUESTION: I’m a manager at an engineering firm. Recently, one of our employees showed up at work with his dog, Samson, a large golden retriever, claiming the dog is his “emotional support” animal, and he is allowed by law to have him in the workplace. He produced

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Ask the Lawyer, JOINTLY LIABLE?

JOINTLY LIABLE? DEPARTMENT OF LABOR PROPOSES NEW ‘JOINT EMPLOYER’ TEST QUESTION: I am a manager at a business that regularly hires workers through a staffing agency to work on projects, alongside our direct employees. One of the staffing agency workers recently sued the staffing agency – and our company – for violating overtime laws. While we supervise the staffing agency

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Ask The Lawyer, WAS BOSS RIGHT TO FIRE HER?

SEPARATION ANXIETY KEEPS NEW MOM AT HOME – WAS BOSS RIGHT TO FIRE HER? QUESTION:  When my baby was born last year, I took 12 weeks of leave to bond with her. When it was time to return to work, I found I could not bear to be away from my little girl for more than a few hours: The

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Ask The Lawyer, Am I paying her enough?

LOW-LEVEL MANAGERS MAY GET SALARY BUMP UNDER DEPARTMENT OF LABOR PROPOSAL QUESTION: Back in 2016, before the presidential election, I read a lot about a higher minimum salary for managers. Then nothing happened. Last year I increased the salary I pay the manager of a boutique I own to $34,000 a year. Am I paying her enough? ANSWER: Under current

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Ask The Lawyer, 10-HOUR DAY? TOO BAD! NO OVERTIME PAY REQUIRED

10-HOUR DAY? TOO BAD! NO OVERTIME PAY REQUIRED QUESTION: A few weeks ago I took a Monday off as a paid personal day, and then worked four ten-hour days to make up for the work I had missed. I thought I’d get some over time, since I worked over my regular schedule all week, but the boss says no. ANSWER:

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