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Tag: LGBT legal issues

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

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

| October 16, 2017

EMPLOYEE OUT ON JURY DUTY FOR THREE WEEKS AND COUNTING, WHAT CAN EMPLOYER DO? QUESTION: One of our workers was called to jury duty in a federal case. He’s been out for three weeks, and the case is still going. Meanwhile, work is not being done, we’re getting far behind, and we’re out his salary […]

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

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

| October 9, 2017

DOES THE U.S. JUSTICE DEPARTMENT POSITION MEAN AN END TO TRANSGENDER RIGHTS IN THE WORKPLACE? QUESTION: I read that the Justice Department says the Civil Rights Act does not apply to transgender people. Does this mean that the law has changed? ANSWER: The law, in this case Title VII of the Civil Rights Act of […]

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

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

| October 2, 2017

Ask The Lawyer, WINDSTORM SHUT THE OFFICE DOWN; DO WE STILL HAVE TO PAY SALARIED WORKERS? WINDSTORM SHUT THE OFFICE DOWN; DO WE STILL HAVE TO PAY SALARIED WORKERS? QUESTION: Overnight, a violent windstorm took out the power to our building, shutting down all our PCs. When employees arrived, we told them to go home […]

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

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

| September 25, 2017

IS BEING MORBIDLY OBESE A DISABILITY UNDER THE ADA? QUESTION: A long-term employee has gained a huge amount of weight in the time she has worked here. Now she wants to have her work station moved to the front door because her weight makes walking difficult. She claims she is entitled to an accommodation because […]

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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 11, 2017

I DIDN’T AUTHORIZE THE OVERTIME, WHY SHOULD I PAY FOR IT?  QUESTION: Our company has a strict policy requiring prior authorization before overtime hours may be worked. One of the people in my department has repeatedly turned in requests for overtime hours, without first obtaining authorization. Since he didn’t get an OK before working the […]

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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 27, 2017

EMPLOYEE GAVE THREE WEEKS’ NOTICE TODAY, CAN I ASK HIM TO LEAVE TOMORROW? QUESTION: An employee just gave notice that he is leaving the firm in three weeks. I can easily fill his position; can I let him go tomorrow? ANSWER: Not a good idea! Letting an employee go before he or she has served […]

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

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

| August 21, 2017

I JUST TURNED 26, AND AM LOSING MY INSURANCE COVERAGE, WHAT CAN I DO? QUESTION: I received my master’s degree in June, started getting student loan bills in July, and now it looks like I’m about to lose insurance coverage through my dad’s work, since I’ll turn 26 in September. What can I do? I […]

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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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