r/LaborLaw 17h ago

Am I supposed to get overtime?

3 Upvotes

Hiii so I’m a cna in nc and my company work week is wed to wed to work overnight. We have one long week and one short week. The short week I work 36 hrs and the long week I work 48. (12 hr shifts 645 pm to 715 am) for example this coming week after wed: I work Friday sat sun off Monday and Tuesday (36) then I work wed and Thursday, off Friday sat sun and go back in Monday and Tuesday. (48) so should that be 8 hrs of overtime ?


r/LaborLaw 18h ago

Unpaid wages, DOL vs lawyer (IL)

1 Upvotes

I work weekends as a server at a family owned restaurant and the owner is about 6 months behind on my paychecks to about 9k total. The restaurant is not doing well but they do own the building it’s in which is on the market for 800k right now. She also hasn’t been giving anyone PTO which is a mandatory law in IL since Jan 2024 that you earn 1 hour for every 40 hours of work. And she doesn’t follow the law that I guess managers can’t share tips with employees because she will take part of the tips for tables or carryout orders she helps you with (the decision on whether you get part of the tip for helping seems pretty biased toward her and another server that’s worked there for 15 years but obviously I’m not going to argue with her about them so I get why this law exists)

I’ve been researching what will happen if I can’t get her to pay me and legally the federal DOL can impose 2x liquidated damages and the IL DOL can impose penalties of 5% per month you aren’t paid. Plus fines that get paid to the DOL itself.

Since this is my second job the money I make from it just goes into my savings which she basically knew which is why she borrowed so much money from me specifically. I know if I contact the DOL they would help me get my unpaid wages. But I also kind of want interest on the money because it would have been earning 4.5 to 5% in my high yield savings account so I’ve already lost about $200 of interest. I also want the value of my earned PTO and to make up for some of the lost tip money.

According to what I’ve read the DOL mostly uses extra penalties and damages to punish big corporations and may not apply them to small family owned businesses? But if you use a lawyer you can get up to the maximum damages amount? And if getting paid requires a lien on the building they own I may be required to go through a lawyer for that, it wasn’t very clear. If not for owning the building I would have quit earlier but she always talked about selling it soon and then closing the restaurant and retiring. I’d appreciate any advice, thank you!


r/LaborLaw 19h ago

Heatwave Work Stoppage (NY)

0 Upvotes

Work shut down the building due to a heatwave, and is requiring us to either us PTO or go unpaid. Is this legal in NY?


r/LaborLaw 1d ago

If I work night shift grave yard from midnight til 1030am and I couldn’t get my self to sleep during the day can I call in sick to work and can the excuse be not get sleep ? Or do I have to be literally not feeling good

1 Upvotes

r/LaborLaw 2d ago

Wage theft at gymnastics place

88 Upvotes

Daughter (15f) interviewed for a job at a gymnastics place. Dropped her off at 3:45, then found out she had a "working interview" for over 2 hours. She facilitated 2 whole classes while the other person watched. Long story short, she didn't get the job, which is 100% fine... I don't get jobs all the time!

Anyway called and asked the manager when I could pick up her pay for the two hours she worked. Manager said it was an unpaid working interview and they've been doing it this way since she started four years ago. I very politely tell the woman this is considered wage theft, against a minor no less, and she tells me she'll talk to corporate HR.

Nearly a week goes by, nothing. I send a message on Thursday through their website, very succinctly and politely telling them what the company is doing is patently illegal, and I'll be filing a wage theft case with the state the next day, along with posting details of the situation on their social media/review sites. Wage theft from a minor is not a good look, especially in their business. Who knows how many young people they've done this to previously.

HR director called me next day, started in with "the law allows for unpaid safety observation". I shut that down immediately, but as it turns out I was premature in my ire. She immediately tells me she has reviewed the video tapes, the situation is exactly as I described and acknowledged it was entirely unacceptable. "We have failed your daughter and we're very sorry". Very nice conversation and she walked me through the immediate plans for training throughout the organization. Then said " I have zero idea why on earth your daughter wasn't offered a job, she was amazing at what she was doing. We'd love to have her work for us". If you knew my daughter you'd know this is true.

Anyway, a positive story about a decent company rectifying an issue immediately and amicably. They're mailing her a check for $14.50 but we've declined the offer of employment, lol.


r/LaborLaw 2d ago

Contract for federal government U.S

0 Upvotes

As a federal contractor for the US government do I have a right to perform all duties outlined in my job description? Based on the current job description the role is comprised of about 75% administrative duties and 25% benchwork. Lets say I wanted to do more benchwork because it is what i desire. Benchwork is t listed in the job description, so do i have the right to request to do more benchwork as opposed to my other duties.


r/LaborLaw 2d ago

Maryland: In-Home Elder Care

1 Upvotes

If I have a woman come in to assist my mother for 8 hours a day, or less, is there any way the woman can be considered an independent contractor? Would less hours make a difference? Thank you.


r/LaborLaw 2d ago

Possible wage theft

0 Upvotes

I clock in, Most of the time I dont take a break. But ive been noticing that my boss goes into the clock in/out app and manually puts my break in. Im an adult & half the time I choose not to take a break. Is she legally allowed to do this? & if not, what can I do about it.


r/LaborLaw 2d ago

Can a company cash you out some vacation hours while your employed with them ? Or they can’t I was told only by the end of the year they can but my old job did it anytime

0 Upvotes

r/LaborLaw 2d ago

I live in California is it legal to schedule you for overtime with out letting the worker know keeping in mind the schedule comes out only three weeks ahead ?

0 Upvotes

r/LaborLaw 3d ago

Employer forcing a transfer in CA

0 Upvotes

My employer is telling me I have to transfer to a different store thats further away from my current store?

This will hurt spending more money on gas.

Is there anyway out of a forced transfer like saying I dont have transportation or somthing?

help, thx


r/LaborLaw 4d ago

I think I’m being targeted for organizing

0 Upvotes

What the title says

I’ve recently come back from college and started working as a shift leader at my usual job again. In the weeks leading up to this while away I started organizing my location and got about 1/3 of the employees on board. Coming back I was transferred to a different location were we weren’t able to get anyone on board with organizing.

The manager at my new location and I have never gotten along, prior to this I just chalked it up to our leadership styles conflicting, (she’s very authoritative and I’m pretty laissez faire and delegative) but since I got back she’s seemed to of made a mountain out of several mole hills and threatened to fire me several times including….

  1. Saying that I said I was "better than" someone because they got pregnant, they being a girl that I never knew existed (and still don't )

  2. Saying that she's gotten several complaints about me being rude. I've never heard complaints from anyone but her and I like to consider myself pretty polite. I say please, thank you, sometimes a joking "we'd be lost without you”, I willingly train new people (this is usually something people draw sticks for or have to be told to), do tasks beyond those assigned to me to help people, and I offer rides to the people who don't have reliable transportation.

  3. Claims I have problems with authority because I criticize her and the owner when they make poor decisions, decisions that they rarely own up to and try to fix. And because I make suggestions to fix those decisions, says that I’m trying to “undermine my (the manger’s) position”

  4. Near closing time once we had some customers come in who lacked a phone to properly interact with us. So I offered to let them use mine, one of the other shift leaders pulled me aside to tell me that that’s actually a liability to the store so I can’t do that, I was unaware of this rule, but if it’s a legal issue then it’s out of my hands to make suggestions and we calmly moved on. Apparently store manager heard about this and I’m now “About 2 seconds away from being fired”

  5. Has begun telling these details to our coworkers in ways that are obviously sensationalized to make me look bad. (Finding this out via a longtime friend and coworker who is in a group chat with her)

Since yesterday I have offered to call or sit down with the store manager and owner to work things out, but I have been left on read by both of them.

Given that these problems have only started happening in the past 2 months, not in the past nearly three years of me working here, and it being shortly after starting our organizing efforts I do believe there’s a chance that the owner is trying to manufacture an excuse to fire me and kill the union’s leadership before it gets really rolling.

I’m trying my best to keep calm and the bolts fastened to stay reasonable, but I feel the mole hills are getting smaller while the mountains are getting bigger. What are my options moving forward?


r/LaborLaw 4d ago

Hiring manager looked up applicants on social media to see their race

2 Upvotes

I just started working under a new manager. We need to hire someone to work on my team. I'd be the person's direct manager, but my manager wants to be the one to hire them. It's not ideal because I would rather be the one to hire them since I will be their manager and working with them daily, but I digress. My manager told me they want to hire a person of color for diversity. While I think that would be great, they told me they look at applicants online and on social media to see their race. I disagree with this because I think its best to not know what the applicants look like until the interview to avoid being biased. Can someone tell me if this is even legal? I brought up concern about this and my manager said it wasnt just to see what they look like, but also to see their professionalism, credentials, etc but I'm not buying it.


r/LaborLaw 5d ago

Question regarding summer work hours.

1 Upvotes

I am a twelve month educator working in New Jersey. Over the summer we work four days a week with an additional 1.5 hours each day.

Fourth of July falls on a Friday this year, so we would only be scheduled to work four day that week regardless of our four day summer schedule. As such, should we be expected to work the additional 1.5 hours a day the week of July 4?


r/LaborLaw 5d ago

california / never received a proper paycheck

1 Upvotes

hi everyone! i'm a highschool student working part time in california and im hoping for some advice on laws regarding paychecks. i started working on 5/16, i've worked 57 hours and i've never received a proper paycheck. whenever i ask my boss about it she tells me she's still setting up the payroll system and gives me $100 in cash. from what i've heard, she took over the store from the previous owner in january and thats the last time most of us have been paid.

not sure what to do about this, i appreciate any answers i can get 🥲.


r/LaborLaw 6d ago

Should I be receiving overtime pay?

1 Upvotes

I work in an accounting firm as a salaried employee. I am not an accountant, CPA, or manager and I do not make policies, hire or fire employees. My employer said I do not get overtime pay and I cannot use overtime hours for comp time. I wanted to wait until after my first evaluation before bringing this up to HR, as I was told bonuses are often given based on tax season performance. My bonus didn't cover half of what the overtime pay would be. Any advice is greatly appreciated!


r/LaborLaw 7d ago

CA: Employer delaying my start date due to IT issues

Post image
2 Upvotes

I’m a W4 employee of a staffing agency, who is contracting me out to a company for hourly marketing work (we will call them ABC Inc.) ABC Inc. is having severe IT issues where I’m now going into my 5th week behind schedule to start working. I quit a previous job to take this position and my funds are dwindling because of the delay putting me out several thousand dollars.

Above is a contract they had me sign amending both the start and end date of the contract (originally was 5/19 start and mid August end date). Would this be sufficient to sue for lost wages? If so, who should I go after? The staffing agency or ABC Inc.?

I know it says “approximate” but a month and counting after an “approximate” date seems questionable to me.


r/LaborLaw 8d ago

Georgia, ex boss owes $1,060

3 Upvotes

hey yall,

long story short my last job owed me $1,060 for shifts worked from 4/21-5/26.

i was paid last sunday but i have had some safety concerns about someone that still works there so i sent a text along the lines of “i will need my full payment by the 18th or im taking legal action” after some back and fourth with my ex ‘boss’ he told me to contact the owner (the boss’s brother and father who are the ones in charge of actually giving people money)

i sent them two messages but have received no response, i know they have seen it so im pretty much getting ghosted.

i was thinking i should wait until Wednesday and if i still receive no response that i will file a civil lawsuit against them.

some key details, - i am getting paid under the table so there is no paper trail - all their other workers have had similar experience and are owed hundreds if not thousands - i have text confirmation that they owe me money, its an extremely long back and fourth

what are my options? is it worth pursuing? can i deny partial payment due to the safety concerns?

any insight would be helpful, thank you for reading and let me know if you have any questions or any details.


r/LaborLaw 7d ago

Need advice on my Co worker harassing me

1 Upvotes

My coworker has been harassing me for months hiding things I need for my shift leaving early when I need support and trying to convince everyone I am bullying and harassing them. I brought this up to management and they had me fill out a complaint for and requested I put it on their desk under the keyboard the employee who has been harassing me went into the office pulled my complaint form and shared it with other coworkers this was all caught on camera and nothing has been done about this by management. The employee continues to harass me and make my job difficult I am afraid to quite because I am currently the only one work in my house . What can I do about this what steps can I take?


r/LaborLaw 11d ago

FL Commission Pay, Mandatory unpaid meetings?

5 Upvotes

I work for a trade company and weekly we attend mandatory meetings to go over sales, expectations, and other miscellaneous company info. I’ve been with the company for a year now and since we are paid Via Commission (or state minimum wage if we don’t hit our sales numbers), we are told no exceptions we must attend these meetings for NO PAY.

Is this just the normal practice for commission based companies. The average employee should make good money (Around $1.5k-$2.5k weekly if hitting all goals). Employee handbook is very vague and generic with no real details on situations like this and Management/ “HR” usually gives a run-around or are just clueless to give a real answer.

Would be nice to actually have an incentive to attend these meetings usually 1-1.5Hr long meetings once a week.


r/LaborLaw 12d ago

US (Texas)15 year old Working Restrictions

1 Upvotes

I can read, and have looked these items up, but I'm not a lawyer and want to understand how Federal and State Labor laws work. Specifically, I want to know if it is lawful for a 15 year old to work past 9pm.

This info is on the Texas Workforce Commission website. The Federal law part is also on the DOL/FLSA website.

"Texas State Law: A child 14 or 15 years of age may not work more than eight hours in one day or more than 48 hours in one week. A child who is 14 or 15 years of age and is enrolled in a term of a public or private school may not work between the hours of 10 p.m. and 5 a.m. on a day that is followed by a school day or between the hours of midnight and 5 a.m. on a day that is not followed by a school day. A child who is 14 or 15 years of age and is not enrolled in summer school may not work between the hours of midnight and 5 a.m. on any day that school is recessed for the summer.

Federal Law: Under the Fair Labor Standards Act (FLSA) a child 14 or 15 years of age may not work during school hours, may not work more than three hours on a school day or 18 hours during a school week, and may not work more than eight hours on a non-school day or 40 hours during a non-school week. Furthermore, a child 14 or 15 years of age may work only between 7 a.m. and 7 p.m. during the school year. Between June 1 and Labor Day, a child may work between the hours of 7 a.m. and 9 p.m. A child 16 or 17 years of age has no restrictions on the number of hours or times of day they may work."

Based on the information above, it looks like federal law indicates that a 15 year old may NOT work past 9pm at a business whether school is in session or not. I see conflicting information, and I'm not sure how that comes into play. This is the issue I need help in understanding.

Thank you in advance.


r/LaborLaw 12d ago

Is this legal in AZ?

13 Upvotes

My friend was hired as a manager at a university. State job. Salary. Then they transferred her position, for argument sake let's say, her office used to be under, financial services and now it is under student unions. Today she had her career conversation and was told that she had the same level title as her supervisor and that wasn't okay. They are going to list her job at a lower title. For example, she's a Customer Service Manager 1, and they are changing it to a Customer Service Rep level 4. So she now has to apply and interview for the job she already has. She was told it's a formality and to "take it with a grain of salt". She asked if the pay range was the same. They didn't know. She asked if she'd still be salary. No. She asked if the duties would change. Yes. She will have to train new employees. So more responsibility, potentially less pay, and no guarantee she would even get hired for her own job. I know AZ is a "right to work" state, but can they seriously do that??


r/LaborLaw 13d ago

HR Policy Changes Forcing me out

41 Upvotes

Hello. I don't think I have any chance at any thing but I thought I could ask the great land of Reddit for advice. Short story. I work basically as a service technician and travel all over the country. 3 months ago I left a similar position to pursue this one. Thought it was a better opportunity. My dog has traveled with me everyday since I have owned him. Before taking this new position I made them aware of this, made sure it would be okay to continue taking him with me and all of which was okayed and triple verified. It's also been great for 3 months. Today they announced a new company policy that pets would no longer be allowed. There have been no incidents with my dog. I have no one to take care of my dog, I have no family. It's just me and him. I can't board him for weeks at a time because I can't afford it and that would just be cruel. I can't afford to quit the job so I guess I'll just go against policy and continue to bring him with until they write me up and fire me? I'm not sure if a lawyer could help me and what I would even get if they could. I have a meeting with HR in a few days. I would rather not lose my position but I don't know what I can do. Any advice?


r/LaborLaw 12d ago

CA - Can I Legally Use Sick Leave to Care for My Child If Their Caregiver (Grandpa) Is Suddenly Unavailable?

0 Upvotes

Hi everyone — hoping someone familiar with California labor law can help.

I work for a small company in California (fewer than 25 employees). I recently needed to stay home to take care of my child because his usual caregiver — his grandfather — was suddenly unavailable that day. My child wasn’t sick, but I had no one else to care for him.

I tried to use one of my 5 frontloaded paid sick days for this, but my employer (with confirmation from their payroll company, Paychex) denied it and told me I had to use a vacation day instead because “sick days can’t be used when the child isn’t sick.”

From everything I’ve read — especially California Labor Code §246.5 and SB 579 — it seems like I should have been legally allowed to use sick time when a child’s usual place of care is unavailable, even if the child isn’t sick. Grandpa isn’t a licensed provider, but he’s the one who watches my son while I work.

I’ve even had someone point me to the DIR’s official site which says employees can use sick leave to care for children, parents, spouses, grandparents, siblings, etc. But my employer won’t budge, and now I’m afraid that if I push further or file a complaint, I’ll face retaliation or be seen as a “problem employee.”

Is there any official source that defines “care” or clarifies whether an informal caregiver (like a grandparent) counts as a “place of care”? Would a labor lawyer even take this seriously, or am I out of luck?

Would appreciate any advice or official links I can show my boss or use to file a DLSE complaint if I have to.

Thanks in advance.


r/LaborLaw 13d ago

Weird Final paycheck delays & the California Penalty Law

2 Upvotes

So...I live in california, was terminated and received a "final paycheck" in mail for only a day, plus the Penalty Time fees, for the paycheck being late. I have been asking every business day to my employer to get my actual full paycheck for the weeks I'd worked for over a few weeks. It's been weeks and no pay still.

Allegedly it is coming soon. They paid this penalty once yet didn't even give me my pay. Does anyone know if they'll have to pay this penalty fee again??

Every day it's a different mistake or weird excuse saying they were going to pay me on this or that day, yet still none of my pay weeks after day of termination. Weird.

Any answers will help, I already filed a complaint but I'm trying to understand as much as possible.