Legal Questions Answered

What kind of jobs are considered non-exempt and therefore entitled to overtime?

What kind of jobs are considered non-exempt and therefore entitled to overtime? By Deskin Law Firm Some examples of positions that are usually non-exempt and therefore entitled to overtime include: - Bookkeepers, secretaries and clerks of various kinds who perform routine clerical duties, - Salaried sales people in retail, wholesale or service establishments (like Radio Shack, Walmart and Target, as examples). What other jobs are non-exempt and entitled to overtime? Read more...

My employer refuses to give us lunch breaks during 10 hour workdays. Is that legal?

I would like to get a lunch break during the day, but my employer refuses to give one to me despite the fact that I work 10 hours a day without any break. Is that legal? By Deskin Law Firm If you work more than five hours per day, you are entitled to a lunch break (or meal period or rest period) of at least 30 minutes. If you work 10 hours in a day, you are entitled to another 30 minute lunch break. You should also know that the... Read more...

I Manage an Apartment Building, am I Exempt from Overtime?

I manage an apartment building. My duties include maintaining the grounds, cleaning common areas, showing apartments to tenants, verifying references and collecting rents, among other things. Am I Exempt from Overtime? By Deskin Law Firm From the list of duties listed above, your work does not require the exercise of discretion and independent judgment. It would seem that you are a nonexempt employee and therefore entitled to overtime. Am I Exempt or Non-Exempt for Overtime? Read more...

Is It Illegal To Discriminate in Public Notices and Advertisements?

I responded to an advertisement inviting only Jewish teachers to apply for an open teaching position at a Synagogue. I am Christian and applied anyway because I believe this practice of restricting who can apply to be discriminatory. Are discriminatory practices in advertising illegal? By Deskin Law Firm It is unlawful for any employer to print or publish any notice or advertisement stating a preference, limitation, specification or discrimination based on a protected classification EXCEPT where that advertisement involves a qualification that is an objective and absolute qualification for the... Read more...

Who is My Employer When A Temp Agency Has Placed Me In A Job Where I Had An Accident?

A temporary agency placed me in a job with one of their clients. Their client made me work long hours and did not pay me overtime and then to top it off, he said that I was "a lazy white person." Both the client and the temp agency are pointing the fingers at the other. Who do I turn to to deal with my overtime and discrimination claims? By Deskin Law Firm The law says that where one employer sends you to do work for another employer, and both have... Read more...

Am I Being Discriminated Against When My Employer Refuses to Make Accomodations for My Wheelchair?

I am wheelchair bound and I have had great difficulty getting to and from work because there is no ramp at the entrance to the building. I have mentioned this over and over to my superiors instead of a ramp they have bought me lavish lunches and tickets to sporting events. I don't need these things, I need a ramp to get into work safely. Is it legal to repeatedly deny my request? By Deskin Law Firm It is prohibited by law and considered to be discriminatory to fail to... Read more...

Can An Employer Fire Me For Not Speaking English At Work?

I speak English on an assembly line as I build cars and understand how important communication is between myself and the other people around me. I work with mostly Spanish speaking people and we usually speak in our native tongue when it is not important that everyone understand what we are saying. Can My Employer Fire Me For Speaking Spanish To My Colleagues During Lunch Break? By Deskin Law Firm The law states that an employer cannot force their employees to speak English at all times in the workplace unless... Read more...

Am I Being Discriminated Against If An Employer Refuses To Hire Me Because My Spouse Is Different from Me?

Am I Being Discriminated Against If An Employer Refuses To Hire Me Because My Spouse Is Middle Eastern? By Deskin Law Firm People are protected from being discriminated against based on their race. The law also protects those people that are associated with those in this protected class. As a result, the protections against race and color discrimination extend to persons associated with a member of the protected class. If employers failure to hire an individual was motivated by the individual's interracial marriage, then discrimination may have occurred. Can my... Read more...

Can An Employer Refuse To Hire Me Because Of Where My Family is From?

I applied for a job at a photo lab and was told by the employer that he had had trouble with "my kind" before. My mother is Middle Eastern and my father was from South Africa so I am not sure what kind that is. Can An Employer Refuse To Hire Me Because He Has Had Bad Experiences With "My Kind" Before? By Deskin Law Firm The Law says that discrimination is prohibited if it is based on the country of an individual's birth. Because it is not uncommon for... Read more...

Can I Be Fired For Being Identified As A Transsexual?

I am an Engineer. When I started my job, I was keeping my feelings under control. Society has since become more accepting of transsexuals and I found that I would experience less stress if I did not have to hide the fact that I am a transsexual so I simply identified myself as such. That is all. My boss subsequently fired me saying that my revelation and my flamboyant behavior interfered with the focus of the office. Is that legal? By Deskin Law Firm The law states that adverse employment... Read more...

Can A Man Call Me A "Bitch" In A Work Setting And Get Away With It?

My colleague has an anger problem and while he has never laid a hand on me he called me a "bitch" the other day. This is highly inappropriate to say the least but I was curious as to whether it was illegal or if I had any recourse? At the least want it to stop! By Deskin Law Firm If the word "bitch" is directed at a particular woman, it does not show discrimination at women in general, just anger at you. If he stated that "women are bitches" then... Read more...

Does It Constitute a Hostile Work Environment When Employees Who Aren't Providing Sexual Favors Are Mad About Employees Who Are?

My work is important to me but I am stressed out and considering turning in my resignation or filing a sexual harassment suit. I have been working in a completely hostile environment where a few people have slept with the bosses and received favoritism as a result and the rest of the hospital is furious. I am a surgeon and people's lives are at stake. It has made getting my work accomplished a living hell. Do I have any recourse? By Deskin Law Firm The law says that favoritism by... Read more...