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Tag: Ask The Lawyer By: Daniel A. Gwinn

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| September 18, 2017

TOO SMALL TO BE SUED UNDER ADA? LOOK OUT FOR SUIT UNDER STATE LAW! QUESTION: One of my workers recently asked me for an accommodation due to a back injury: He needs to sit down for 10 minutes every hour. I only have seven people on staff; I can’t have one of them sitting for […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| September 3, 2017

IF EMPLOYEES WORK AN AVERAGE OF 40 HOURS A WEEK OVER A TWO WEEK PERIOD, DO I NEED TO PAY OVERTIME? QUESTION: Workers at my company have the option of earning every other Friday off by working 44 hours one week, and 36 hours the next, with paid overtime for hours over 80 in the […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| August 14, 2017

OUR VICE PRESIDENT NEEDS TO TAKE TIME OFF FOR A MEDICAL CONDITION, BUT WE CAN’T MANAGE WITHOUT HER! QUESTION: Our VP of Marketing/Communications recently requested leave under the Family and Medical Leave Act (FMLA) for medical treatment. She requested the full 12 weeks. She’s eligible for the leave, but the company really can’t manage without […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| July 31, 2017

IS AN OVERNIGHT STAY IN HOSPITAL A ‘SERIOUS HEALTH CONDITION’ UNDER FMLA? QUESTION: I work the third shift at a factory (8 p.m. to 5 a.m.). Around 1:30 a.m., I started feeling really sick (my heart was pounding so hard it hurt). I left work after telling a co-worker I needed to go to the […]

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Ask the Lawyer by Daniel A. Gwinn, Esq.

Ask the Lawyer by Daniel A. Gwinn, Esq.

| July 22, 2017

CAN I COLLECT UNEMPLOYMENT BENEFITS AND SOCIAL SECURITY BENEFITS AT THE SAME TIME? QUESTION: I’ve been out of work, looking for a job for a couple of months. I will be eligible for Social Security next week, when I turn 66. Can I continue to collect unemployment if I’m receiving Social Security? ANSWER: Yes, under […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| July 10, 2017

IS BOSS RESPONSIBLE FOR BLACK SUPERVISOR’S DISCRIMINATION? QUESTION: I recently dismissed one of my employees, a white man, after he received numerous write-ups from his supervisor, a black woman. The guy challenged his discharge and is now suing the firm for discrimination, claiming his supervisor was prejudiced against him because of his race and sex. […]

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Ask The lawyer By: Daniel A. Gwinn, Esq.

Ask The lawyer By: Daniel A. Gwinn, Esq.

| June 26, 2017

WHO’S THE BOSS? LIABILITY AS JOINT EMPLOYER? QUESTION: I was hired by a staffing agency to work on a year-long project for a company doing work on a federal contract. I work full-time on the federal contractor’s site, using their equipment, and am supervised by a manager for the federal contractor. My employer, the federal […]

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Ask the Lawyer By: Daniel A. Gwinn, Esq.

Ask the Lawyer By: Daniel A. Gwinn, Esq.

| June 19, 2017

CUSTOMERS WALK OUT WITHOUT PAYING; CAN EMPLOYEE GET STUCK WITH THE BILL? QUESTION: I work at a restaurant. Last week, we had a large group (10 people) in for lunch, a busy time. They asked for one check. When I presented it to them, they asked for individual checks instead. While I was in back […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| June 12, 2017

CHECK RULES ON INTERNS BEFORE ACCEPTING OFFER TO ‘WORK FOR FREE’ QUESTION: My neighbor’s daughter asked if she could work at my company, for free, as an intern this summer to gain experience to put on her resume. I’d like to take her up on the offer, but don’t know if it’s legal to ask […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| June 4, 2017

REDUCED YOUR WORKFORCE? YOU MAY STILL BE A COVERED EMPLOYER UNDER FAMILY & MEDICAL LEAVE ACT QUESTION: I recently downsized, and cut staff at one of two businesses I own. I used to have a total of 52 employees; now I have 45. One of my staff put in for six weeks of FMLA leave […]

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