Alejandro Caffarelli
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Answers Posted By Alejandro Caffarelli
Answer to Can my employer give permission to my coworker to inspect my time cards and payroll sheets?
If you are interested in speaking with an attorney, please do not hesitate to contact me directly to arrange a date and time for an over the phone screening.If you have any questions, or if you would like to schedule a screening, I may be reached at (312) 540-1230
posted Feb 4, 2010 1:43 PM [EST]
Answer to Equal Pay Discrimination Yes or No?
If you are interested in speaking with an attorney, please do not hesitate to contact me directly to arrange a date and time for an over the phone screening.If you have any questions, or if you would like to schedule a screening, I may be reached at (312) 540-1230
posted Jan 25, 2010 12:25 PM [EST]
Answer to How do I make it stop?
Dear "Joe":If you are interested in speaking with an attorney, please do not hesitate to contact me directly to arrange a date and time for an over the phone screening.
If you have any questions, or if you would like to schedule a screening, I may be reached at (312) 540-1230
posted Jan 19, 2010 10:54 AM [EST]
Answer to salaried employees
DependsIt is not per se illegal to have hourly employees punch in and out for purposes of tracking attendance. What the employer does with the data, however, may be illegal. A salaried employee may be eligible for overtime even if otherwise exempt if, for example, he or she is docked pay for not working a full day. Nothing prevents an employer from using the data to discipline otherwise exempt employees for not working hard enough or long enough hours, though, as long as there is no wage docking --
posted Mar 23, 2007 4:38 PM [EST]
Answer to Sex. Hrsmnt, asslt/bttry, dscrmntn, emtnl dstrss
Settlement ConferenceA settlement conference is a non-binding conference, off the record, before either a district or magistrate judge, where the parties voluntarily try to reach a negotiated resolution. You will probably be asked to discuss what happened to you and the company will be able to present its version of events. You should probably try to find a local lawyer to attend with you, since you may make damaging admissions before what may end up being the judge in your case if the case is unable to settle.
posted Nov 3, 2006 3:40 PM [EST]
Answer to Follow up visits covered under FMLA ?
Should be CoveredThese follow up visits should be covered by the FMLA -- we would be happy to help out if you are not given leave.
posted Nov 3, 2006 3:33 PM [EST]
Answer to Nonpayment of Wages
Several ResourcesAs for the failure to pay the prevailing wage, you need to file a charge with the federal Department of Labor www.dol.gov, and let them know that the Company failed to pay the prevailing wage required by the Labor Condition Application filed with your H1B. As an H1B, the company also must pay your travel expenses to return to your home country. Let the DOL know that as well. As for the failure to pay the last couple of weeks, you need to file with the Illinois Deparment of Labor under the Illinois Wage Payment and Collection Act.
posted Apr 7, 2005 4:32 PM [EST]
Answer to Wrongful
Affair TerminationI could see this being considered a type of sex discrimination. Your work would not be rejected if you were a man and not a woman. However, you have a bigger problem in that if you are a freelancer you may be considered an independent contractor, so therefore even if it were discrimination you may have no recorse since you may not be an employee.
posted Sep 24, 2004 08:57 AM [EST]
Answer to salary and hourly employees
Salary vs. HourlyIt is legal to pay different people differently (salary vs. hourly) for doing the same job. If the position is exempt from overtime, then the salaried employees may not be entitled to 1 1/2 pay over 40 hours, but the hourly employees would be regardless of whether it is an exempt position. However, if the position is non-exempt, then even the salaried employees would be entitled to overtime. If you think you are entitled to overtime I would be happy to speak with you to determine if you have a case (312) 782-3550.
posted Jun 21, 2004 11:06 AM [EST]
Answer to Unpaid Wages
Five YearsThe limitations period under the wage payment and collection act is at least two years and probably five years, so you can still file a private claim, as Aaron pointed out. However, the employer sounds like a weasel so it may be difficult to find a lawyer to take the case because of collection issues. Good luck.
posted May 20, 2004 12:51 PM [EST]