Robert Kaiser MO
About
- Username
- Robert Kaiser MO
- Joined
- Visits
- 0
- Last Active
- Roles
- Guest, Member
Comments
-
Wage and Hour regs measure overtime by the week, not pay period. If you keep the hours to 40 or less in a week, regardless of how it is divided up in the week, you will not have any federal overtime. Some states have different rules on daily overt…
-
The supervisor has every right to track an employee's time away from "work" for the purpose of guaging whether breaks are being abused, but the actual time away from work for breaks will still count as "time worked" under the FLSA. The supervisor…
-
You can have different benefit schemes and options for union and nonunion employees. Bob
-
I agree with John. There are a number of cases out there upholding an employer's right to terminate an employee for reasons unrelated to FMLA, even while the employee is on leave. if you terminate others in the same circumstances, you can generall…
-
I don't like the government form either, but it is presumptively lawful, so it is "safe" from a legal perspective. However, the regs contemplate that you can come up with your own form as long as it meets the requirements of the law. I do not know…
-
When all is said and done, I think Gillian is right on target. A big deal(on both sides) made out of trivial stuff. So here is what I recommend. Don't get caught up in their fight and take sides too early. Write the former employee, tell him you…
-
No. There is a Missouri statute that requires you to pay within 7 days of their written request.
-
Sounds like a straightforward one for your first one. You should bone up on EEO law so that you know what they are looking for, and what you do not want to give them. Just because they ask for something does not mean you are obligated to give it t…
-
I feel like I am responding to a personal ad. "I am a Missouri attorney who represents employers in employment and labor matters. Seeking employers with legal issues. Looking for long term relationship." If you need specific legal advice, I woul…
-
Once again, it seems that I am the least conservative voice. As a general rule, if no protected class issues are implicated (ie: you don't treat African Americans or females any differently), and he does not have a contract, he is an at-will employ…
-
Being a jerk is not a protected class. "Freedom of speech" has no legal meaning in the private workplace, and is even very limited in the public workplace. Being disruptive in the workplace, and having a personality conflict with your supervisor is …
-
If he is not in a protected class and he does not have an employment contract, then he is likely out of luck. He can only claim actionable harassment if it is based on the same factors that make up protected classes, ie: race, sex, age, religion, n…
-
There is no Missouri statute on vacations. Accrual of vacations are analyzed under normal contract law principles, just like wage levels (above minimum wages) are. So, the employee is entitled to the accrual scheme they were promised. If they ar…
-
My perspective is a little different than those you'll likely hear from--as the attorney who counsels HR managers. I have been in a number of situations where there is an HR startup dept, and each new manager handles it a bit differently. You have…
-
You have pretty good instincts. While the use of profanity in the workplace may not create the most productive and wholesome work atmosphere, it is not per se actionable. The courts have routinely cautioned that the prohibition on sexual harassme…