Legal Questions Answered

Is It Discrimination to Require Me To Wear Makeup And A Bow In My Hair at Work?

I work at a cafe and they require all the women to wear makeup and bows in their hair. Even though both the men and the women have to wear uniforms, only the women have to do something more with their hair and face. I think this extra burden on the women is discriminatory. Is it against the law? By Deskin Law Firm Many employer's have what they call a "Personal Best" grooming policy where they require their male and female employees to wear the same uniforms but differentiate between... Read more...

Can My Company Require Me to Wear Clothes That Are Sexually Provocative Even If I'm Uncomfortable In Them?

I workout and enjoy looking good but I did I do it for me. I work as a front receptionist in a real estate office. They want me to wear short skirts that show my buttocks and portions of my thighs. Can My Company Require Me to Wear Clothes That Are Sexually Provocative Even If I am Uncomfortable In Them? By Deskin Law Firm The law says that grooming standards or appearance codes that are intended to be sexually provocative and tend to stereotype women as sex objects such as... Read more...

Is it Illegal for An Airline to Fire A Female Flight Attendant For Gaining Weight But Not A Male Flight Attendant?

I am a female flight attendant. I gained 7 pounds over the winter and was asked not to come back to work until I had lost all 7 pounds. My employer said it negatively impacted my interaction with my customers. My male colleague that flies the same route as me gained 10 pounds and can barely fit down the aisle and is still working. Have I been the victim of sexual discrimination? By Deskin Law Firm The law states that discrimination may have occurred when an airline's policies impose strict... Read more...

Can an Employer Discriminate Against Me Because of My Medical History?

I was diagnosed with cancer and the doctors have said that I have beat it. My employer won't allow me to come back to work. He says that they don't need someone that can have such an "unpredictable attendance record." Is this legal? By Deskin Law Firm It may be unlawful for a company to discriminate against you based on your medical condition especially with any health impairment related to or associated with a diagnosis of cancer, for which you have been rehabilitated or cured based on competant medical evidence.... Read more...

Can my Employer Fire me Because I Had a Child out of Wedlock?

I am not married. I decided to have a child because if I waited to find the right man to have one with, I would not be able to have a child. My employer has fired me because I had a child out of wedlock. Is that legal? By Deskin Law Firm It may be illegal for an employer to fire you, or refuse to hire you because you decided to have a child out of wedlock. This is commonly called marital status discrimination. It is also illegal to refuse... Read more...

Do I Have Rights Against Discrimination Even Though I am an Illegal Immigrant?

I am an undocumented worker who picks fruit for a living. I have been taking abuse from my boss because I am from Mexico and he doesn't like that he has to hire us but he needs us to keep his costs down. Do I have rights even though I am an illegal immigrant? By Deskin Law Firm All protections, rights and remedies available under state law are available to you regardless of your immigration status if you have applied for employment or have been employed. Your immigration status is... Read more...

Can Remarks About Race Be an Indicator of Discrimination Against Me?

I have been working in a restaurant for 3 years as a bus boy. I have the experience to be a waiter. I am African American. My manager keeps calling me "boy." He seems to think that it is okay to refer to me as "boy," when none of the other white people get names like this. I think he is not promoting me because I am African American. Is this legal? By Deskin Law Firm A decisionmaker's remarks about race, age, or gender may be an indicator of his... Read more...

Can Remarks About My Age Be an Indicator of Discrimination Against Me?

I have been working in a gym for 2 years as a trainer and before that I worked as a manager of gyms for the last 15 years. They promised me that I would be promoted to be a manager within a year. The new owner of the gym says that I am "too damn old to do the job." I am 42 years old! Is this legal? By Deskin Law Firm A decision maker's remarks about race, age, or gender may be an indicator of his discrimination against you.... Read more...

Are You Entitled to Overtime Even Though Your Employment Contract Says You Are Not?

My boss has told me that the employment agreement I signed with the company specifically says that I have waived any rights to overtime by accepting employment. Is that legal? By Deskin Law Firm Overtime protections are not waivable and may not be abridged by contract, including collective bargaining contracts. The existence of a written agreement purporting to establish an independent contractor relationship is not determinative. You must look behind any such agreement in order to examine the facts that characterize the parties actual relationship and make their determination as... Read more...

Can My Employer Retaliate Against Me for Seeking To Get Overtime?

My employer does not like that I am looking to get paid for the overtime they made me work. Can they fire me or make trouble for me at work for trying to get paid for my overtime? By Deskin Law Firm It is unlawful for anybody to fire you or otherwise discriminate against you for filing a complaint or lawsuit for overtime, or for testifying or planning to testify for an overtime lawsuit. If your employer retaliates against you they may be forced by the court to reinstate you,... Read more...

I work at a garment manufacturing plant. Am I entitled to overtime?

""113"",113,,"I work for a garment manfacturer and we do not get overtime despite working long hours. Am I entitled to overtime? By Deskin Law Firm Workers of a garment manufacturer are entitled to overtime. You are in a particularly good situation to get your overtime paid. You can get your overtime either from your direct employer (the garment manufacturer) or if a retailer contracted with your employer to make a particular line of apparel according to the retailer's specifications or to put the retailer's label on a particular line of... Read more...

How Can I Tell if I am Entitled to Overtime?

I want to figure out whether I am supposed to get overtime. How do I do that? By Deskin Law Firm There are many steps involved in determining whether you are entitled to overtime, but if you go through each step you can figure it out. First you have to determine whether you are exempt or non-exempt from overtime. Next, you should look at whether your employer has not paid you properly for the hours you have worked. How do I go about getting my overtime? Read more...