No one wants to be taken advantage of. No one wants to find out that their employer is breaking the law and not paying them enough. However, at The Law Offices of Larry H. Parker we have found that many people do not know the facts about employment law. Keep reading to see how well you know the truth about common workplace situations and their legality.
Does a McDonald’s Assistant Manager Have a Right to Paid Overtime?
It depends. If their boss has given them the title of manager but none of the duties then they are entitled to overtime. On the other hand, if they are indeed a manager and have duties beyond what the cooks, cashiers, and other non-managerial positions include, then they may not be entitled to overtime pay.
Is it Legal for a Pizza Shop to Pay their Drivers a Set Fee Per Delivery Plus Tips?
If this is all they are paying then no, this is likely not legal. According to California law, delivery drivers must be paid for mileage and they must be paid the tipped position minimum wage. Their employer can also pay them a flat amount for each delivery but this must be in addition to other payments.
Can a Person Be Denied a Scheduled Promotion Just Weeks After Reporting Sexual Harassment?
Though much more information is required, this appears to fit the requirements of retaliation for speaking up. This is against the law. If this has happened to you, an attorney may be able to help you get compensation for your damages.
Can a Delivery Driver Who Agrees to a Day Rate Be Paid Overtime?
Yes. Their “day rate” covers a specific number of hours. If they work more hours than are specified in the day rate, then they should get overtime. If a company refuses to pay its workers for this overtime, then they may need to file an overtime pay dispute.
Can Servers Pool Their Tips and Pay Some Out to the Back of the House?
It is legal for servers to pool tips and split them amongst themselves but it is not legal for them to pool tips to then give to cooks – or any other hourly or salaried employee. Why? Because servers are paid the tipped minimum wage and can only share tips with others who are tipped employees.
Can Employers Fire Employees for Not Being Willing to Go to Work in Dangerous Conditions?
This is unfortunately often the case. In most states, if an employer requires that an employee come in and that employee does not come in, that is a legal reason for termination – even if the employee did not feel it was safe doing so.
How did you do on the workplace situations quiz? Remember that these are all simplified answers to general questions. The real facts vary by situation and these answers are not always so cut and dry.