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MA Employment Law (Workplace/Coworkers) Questions and Answers

Welcome to our Massachusetts Employment Law Forum. Feel free to post questions, answers, or comments about hiring, firing, workplace policies, and other MA employment and labor law issues.  If you need professional legal advice, please use our Attorney Directory to find a MA employment attorney.

Have a question? Use our SEARCH feature, below, to find your answer.  For example, if you have a question about employee rights under MA law, simply enter one or two key words, such as: employee rights

Massachusetts Employment Law Basics

Before we get to the forum, we’d like to present some basic information about employment law in Massachusetts. As with some of the other topics covered in our various forums, employment law is a very broad subject that involves many topics, including wages, overtime, child labor laws, employee rights, and employment discrimination. As you read this synopsis, if you see terms you do not understand or that you would like more information about, just use our search tool to find more in-depth discussions.

The first broad area of labor and employment law, perhaps the one that is of interest to the greatest number of our readers, is employee rights regarding wages and time worked. If you use our search tool, you will find many questions and answers dealing with overtime pay, the minimum wage, tips, holiday pay, meal breaks, etc. Those who live and work in Massachusetts can also avail themselves of many government sponsored resources. There are numerous government websites dealing with employee rights, and the Attorney General has a Hotline that MA residents can call to get information about their rights on the job. (617-727-3465).

In other threads on this forum, readers will find detailed discussions on the difference between at-will employment and contract employment, and how those two broad categories of employment are treated differently under MA law. This is a key distinction because, with many exceptions (also discussed in the forum) employers are free to terminate at will employees for any legal and non-discriminatory reason. Contract and union employees, on the other hand, can only be terminated for certain, specified reasons.

Finally, readers will find a good deal of information about various types of employment discrimination. It is common for workers in Massachusetts to believe they have been treated unfairly, or even fired, because of their age, ethnicity, gender, or just because they did or refused to do something on the job. Believing you have been treated unfairly, however, and actually proving in a court that your employer violated the law are two very different things. Hopefully, readers will find sufficient information on these pages to help them assess their situation and determine whether they should contact an attorney.

Good luck in your search for legal information, and please let us know what you think about The Forum.

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TopicRepliesCreatedLast replysort icon
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0 1 day 42 min ago
by mitchmcc
n/a
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0 3 days 14 hours ago
by vokey
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Unemployment benefits
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1 4 weeks 8 hours ago
by starsmith33
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by Alan D. Meyerson
pay for employees when company closes due to snow storm on your scheduled workday
Is it legal for an employer to not pay employees when the company closes due to a snow storm on your scheduled work day?
0 4 weeks 3 days ago
by genny924
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Returning from layoff on benefits
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0 4 weeks 5 days ago
by Fran45
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Is it legal to work 24+ hours straight?
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0 5 weeks 1 day ago
by paradise09
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salary employment/ sick leave
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0 5 weeks 1 day ago
by jburton
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Personal vehicle
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0 7 weeks 1 day ago
by danisbister@live.com
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Per diem laws
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0 7 weeks 2 days ago
by Mkc1024
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wrongful termination
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0 8 weeks 1 day ago
by munley1
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Reduction in hours for FTE
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0 8 weeks 3 days ago
by chloe
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employment law
Can a owner take tips and distribute later?
1 8 weeks 5 days ago
by tackettgreg0
8 weeks 3 days ago
by Kevin M. Kinne
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0 8 weeks 6 days ago
by Momif3wahs
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Sick call
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0 8 weeks 6 days ago
by Ditzie
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holiday pay
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1 10 weeks 2 days ago
by Aspen emp
9 weeks 1 day ago
by BlitzGraybeard
Prevailing wage and travel
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1 9 weeks 6 days ago
by EBvikings
9 weeks 3 days ago
by Kevin M. Kinne
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1 10 weeks 3 days ago
by hardwork
10 weeks 3 days ago
by Kevin M. Kinne
employment law
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0 11 weeks 5 hours ago
by yankees24770
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Last Paycheck Upon Termination/Discussing Wages
Hi all I was fired from a job last week in MA. Basically, my boss overheard me talking about commissions (I sell motorcycle services) and how most ...
0 11 weeks 5 days ago
by drivingfaster
n/a
Overtime: Mass. vs Fed. rate
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1 18 weeks 1 hour ago
by umakemekissu
11 weeks 6 days ago
by Alan D. Meyerson
Old Employment Records for Belchertown State School
Advice concerning to whom I should turn in government in order to get verification of my 3 years employment at Belchertown State School in the 1970's ...
0 12 weeks 3 hours ago
by JAllen
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Confidentiality
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0 12 weeks 1 day ago
by Jbrown788
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Employee quits with a negative vacation balance
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0 12 weeks 3 days ago
by bbjornson55
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Am I entitled to accrued vacation time if i resign in MA
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1 20 weeks 4 days ago
by melissa1989
12 weeks 5 days ago
by Alan D. Meyerson
Colelcting UI with a severance
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0 12 weeks 6 days ago
by ykdmma
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workplace day schedule being changed
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0 13 weeks 12 hours ago
by pmbell
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Can employer deny an early return from maternity leave?
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0 13 weeks 1 day ago
by xmaystarx
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Refused Unemployment
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0 13 weeks 5 days ago
by clairebear724
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Employer slander?
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0 14 weeks 6 days ago
by jazzman2
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flat rate pay questions
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1 17 weeks 4 days ago
by jamesjanusz
15 weeks 1 day ago
by Alan D. Meyerson
PLEASE ANSWER - Can I be terminated for calling out sick with a doctors note? (Retail Holiday Work)
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1 15 weeks 2 days ago
by Sick with a note
15 weeks 1 day ago
by Alan D. Meyerson
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0 16 weeks 11 hours ago
by draughtash
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Standard practice for lunch break
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0 16 weeks 6 days ago
by Kimberlylynn
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days off from work after 42 hours in 5 days
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1 17 weeks 2 hours ago
by joesmo
16 weeks 6 days ago
by Alan D. Meyerson
Salon owner cuts hours no notice
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0 17 weeks 1 day ago
by Devieluc
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WORK WEEK
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0 17 weeks 1 day ago
by daniel mcgrath
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Must MA employers give paid sick time?
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3 1 year 6 weeks ago
by SueNT
17 weeks 1 day ago
by Alan D. Meyerson
Overtime Pay Rules
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3 19 weeks 2 days ago
by JD02121
18 weeks 6 days ago
by Alan D. Meyerson
Tardiness
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2 18 weeks 6 days ago
by anthony413
18 weeks 6 days ago
by Alan D. Meyerson
"Day pay" for salaried employee.
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0 18 weeks 6 days ago
by hbrady
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performance evaluation & retroactive pay
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0 18 weeks 6 days ago
by close shave
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Full time
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1 20 weeks 3 days ago
by Prettyunique90
20 weeks 3 days ago
by Alan D. Meyerson
My employer has no proper leave policy
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0 21 weeks 3 hours ago
by simonos
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Paid Training
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0 21 weeks 1 day ago
by maddy6427
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Ma required mileage reimbursement
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0 22 weeks 14 hours ago
by gateman7
n/a
Can employer underpay me if I'm late for work?
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2 22 weeks 17 hours ago
by amanda21
22 weeks 16 hours ago
by Rob Fortgang
Nanny Wage Laws
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0 22 weeks 1 day ago
by HELP123
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Server wage deduction
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1 22 weeks 4 days ago
by Emphaff
22 weeks 3 days ago
by Alan D. Meyerson
Forced to come in early, need clarifaction.
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0 22 weeks 5 days ago
by Okktral
n/a
Transfer of significant distance
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0 23 weeks 6 days ago
by VermillionDe
n/a
Employee sent home midshift
If my boss sent me home in the middle of my shift and I don't have any vacation time/sick days left will I still get paid for the entire day?
1 24 weeks 2 days ago
by Craftypatty
24 weeks 1 day ago
by The Editor
Confirming employment
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0 24 weeks 2 days ago
by Freegirl14
n/a
Laid Off with no Annual Review
I was laid off as June 20th due to apparent funding issues. During that time I was a union hourly employee. Due to union negotiations with the compa...
0 24 weeks 3 days ago
by myright
n/a
Paid Breaks
Under MA state Law, am I required to take an unpaid break for a shift under 6 hours ? under 5.5 hours or under 5 hours ????? I work at an airport a...
2 25 weeks 15 hours ago
by galfriday66
25 weeks 12 hours ago
by Rob Fortgang
MA freelancer law
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0 25 weeks 3 days ago
by Writer1
n/a
Collecting back overtime question
I recently was discharged from a job do to bullying by my Supervisor. After leaving my position, I realized I had worked so much overtime in the past...
2 26 weeks 1 day ago
by bostongirl33
26 weeks 9 hours ago
by bostongirl33
Can I be fired for running for political office?
If I run for a local or state office that is not a full time job/commitment, can my employer fire me even thought I have stellar performance?
1 26 weeks 1 day ago
by bigsauce
26 weeks 12 hours ago
by The Editor
Mandated flu vaccine at work
My employer is forcing us to get a flu vaccine. I am pregnant, have researched the chemicals in the flu vaccine and am NOT willing to put that into my...
1 26 weeks 6 days ago
by Smc0615
26 weeks 5 days ago
by The Editor
violation of smoke free work place
I work at a nursing home where patients are allowed to smoke outside with CNA lighting their cigaretes for them. It used to be that CNA's who smoke to...
1 27 weeks 16 hours ago
by redwindsor
27 weeks 14 hours ago
by The Editor
Limitations on use of vacation time in Massachusetts
I just went back to work after being on vacation for 1 week. I was told by my boss that I cannot take a week at a time anymore because she was too tir...
1 27 weeks 2 days ago
by 2twins2
27 weeks 1 day ago
by The Editor
Sole Proprietor Prevailing Wage
If a contractor who has won a public works project in MA uses sole proprietors (no employees) as subcontractors on said public works project, is the s...
1 27 weeks 1 day ago
by ConstantContract
27 weeks 1 day ago
by The Editor
Travel reimbursed by employer for remote employee
I work for a large international company based in MA. I am going to be moving overseas (EU) for personal reasons and working remotely from my home off...
1 27 weeks 3 days ago
by kristinawoessner
27 weeks 3 days ago
by The Editor
Dangerous Parking Situation @ Work
I work at a dealership and they are requiring us to park across the street in a lot then cross a busy 2 lane state highway to get to work each morning...
1 27 weeks 3 days ago
by redbull111
27 weeks 3 days ago
by The Editor
Workplace Closing so no severance package?
I was recently informed my company is moving the product line we make to an another existing facility. As my company no longer needs the plant site, t...
2 27 weeks 5 days ago
by employmentlaw101
27 weeks 3 days ago
by Kevin M. Kinne
Monetary review
Question: I have been employed at the company I work for, for two years. June 16th 2014 makes my second year. The policy of the company is to give you...
1 31 weeks 1 day ago
by shaeed Hall
27 weeks 4 days ago
by Alan D. Meyerson
No pay after resigning
I quit my job August 1st, I should have recieved my pay check on the 8th, they told me they mailed it on the 6th, but I have yet to recieve anything T...
1 29 weeks 2 days ago
by cedrick
27 weeks 4 days ago
by Alan D. Meyerson
husband suspended from work for a week with NO warnings
Two weeks ago my husband was suspended from work for 3 12 hour shifts (basically a week of work) with NO, zero, written or verbal warning ever given t...
1 27 weeks 5 days ago
by concerned wife
27 weeks 4 days ago
by Alan D. Meyerson
promotion discrimination based on race or ethnicity in MA?
I have been working for this company as an assistant house manager in a group home for over seven years. When i got hired the guy who is my current bo...
1 28 weeks 3 days ago
by mankind
28 weeks 3 days ago
by The Editor
Required contents of employee records?
Less than a year ago, I, along with the entire salesforce, was laid off by a MA-based pharma company, with very little notice. I requested my full emp...
1 28 weeks 4 days ago
by GCS
28 weeks 3 days ago
by The Editor
Unemployment benefits when job relocates
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0 28 weeks 3 days ago
by CYNTHIA SHULL
n/a
Unfair treatment and no action from HR
A recent complaint was logged with HR about my boss which everyone in the department has to speak with HR about. The complaint came from an anonymous ...
0 29 weeks 3 days ago
by ehackett
n/a
Employer not scheduling employee to work at all
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1 29 weeks 5 days ago
by cupcakee
29 weeks 3 days ago
by The Editor
Employer refuses days off, overtime pay, or use of vacation time.
I have worked for the same company for nine years now. I started at the bottom as a customer service rep and worked my way up to now being an assistan...
1 30 weeks 1 day ago
by krisbl19
30 weeks 17 hours ago
by Attorney Hennessey
Employee records
I was laid off by a pharmaceutical compmany and was given a very short window to access my emails. I didn't collect all my compensation records, meani...
0 30 weeks 1 day ago
by GCS
n/a
Paid Time off Cap
My employer has a fairly generous time off policy, however, they do cap it. Once I reach 552 hours of PTO, I will stop accruing until I use some. I am...
1 30 weeks 5 days ago
by Jfaudree
30 weeks 5 days ago
by The Editor
Forced resignation after action plan
Recently at my job I was told that I needed and action plan in place to bring up my scores because they were low. After writing an action plan and hav...
0 30 weeks 6 days ago
by Rmp7943
n/a
Employee rights to Personal file after termination?
Do I have rights to a copy of my personal work file if I have been let go?
2 31 weeks 1 day ago
by zoey234
31 weeks 14 hours ago
by zoey234
FMLA with employers having less than 50 employees
AM I covered under FMLA if my Massachusetts private employer has less than 50 employees? I have an ADA disability
2 31 weeks 1 day ago
by Marley100
31 weeks 1 day ago
by Alan D. Meyerson
Can a company pay out different percentage commission structure to employees?
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0 31 weeks 2 days ago
by intricatefool
n/a
Can employer limit cash value of vacation days upon resignation?
I have resigned a position, I know that I need to be paid for unpaid vacation days, but there was a clause in my contract limiting to $55 per day as a...
2 35 weeks 3 days ago
by johnmteach
31 weeks 3 days ago
by johnmteach
Exempt Overtime Question
I am a 59 year old woman working 50-60 hours a week as a counter attendant in a small café in Massachusetts. I am not being paid overtime. The ca...
1 31 weeks 4 days ago
by cynbrown5
31 weeks 3 days ago
by Kevin M. Kinne
1099 employee access to personnel file
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1 31 weeks 4 days ago
by mottconcord
31 weeks 3 days ago
by Kevin M. Kinne
Hours reduced
Hello. I was recently told that my hours would be reduced at work from 40 down to 6 due to budget cuts. Unfortunately, I am last in seniority. I am b...
1 32 weeks 2 days ago
by anabelle21098
32 weeks 1 day ago
by The Editor
Improper uniform deductions reimbursement?
I turned my uniforms in over 6 months ago, but my company never stopped my paycheck deduction. Am I entitled to reimbursement of these funds? Yes, I s...
1 32 weeks 3 days ago
by chasure
32 weeks 2 days ago
by The Editor
Performance Evaluation Duspute
An employer gave an annual performance review accompanied by a pay raise. The employee wanted to comment on the evaluation as permitted on the form. ...
2 2 years 47 weeks ago
by Fitzme
32 weeks 3 days ago
by The Editor
Employee rights re bad Performance Review
My 2012 performance review was better than my 2013 review, even though in 2012 I handled less projects than in 2013. My manager made a point of noting...
1 32 weeks 4 days ago
by JobAdvice29
32 weeks 3 days ago
by The Editor
CBHI and Fee for Service worker violations
I resigned recently from working with a Boston based non profit that contracts with the state. This agency provided services under Children's Behavior...
2 32 weeks 3 days ago
by prettyjaded
32 weeks 3 days ago
by The Editor
Termination of employee with contract
I signed a year contract with an employer I had been working part-time for 7 years. Our contact was for 1 year. I get either a base salary or % of sal...
0 32 weeks 4 days ago
by cmabikes
n/a
Medical time off for someone not covered by FMLA
My husband has only been employed for under 3 months at a new job, and is therefore not eligible for FMLA. He also of course has little to no accrued ...
1 32 weeks 6 days ago
by Ruth R. Faris LICSW
32 weeks 5 days ago
by The Editor
Permanent non-compete clause enforceable?
I am working as an hourly contractor who works for a third party company. My "agreement" (contract) has a non-compete section. The company I provide s...
1 34 weeks 2 days ago
by sarah777
33 weeks 2 days ago
by Alan D. Meyerson
On call and holiday pay
Hi. My question is, if a per diem (on call) employee works a holiday like the 4th of july; does the employer have the right to say they dont have to p...
0 33 weeks 3 days ago
by employee1
n/a
Financial background check - can bad credit influence hiring decision?
Apologies if this has already been asked, but I couldn't find this topic. I've been interviewing recently and a background/financial check is mandator...
2 34 weeks 2 days ago
by sarah777
33 weeks 4 days ago
by Attorney Hennessey
Number of max vacation days decreased but no compensation.
A friend suggested I check this out. I work for a non-profit college. Two years ago they decrease our max number of vacation days from 25 to 20 ...
1 34 weeks 3 days ago
by mmvk
34 weeks 2 days ago
by admin
Losing my earned vacation time
Hi, I am an exempt, non-union, full time employee at a non-profit healthcare organisation. When I first started this job there was no limit on how ...
1 1 year 37 weeks ago
by bananamonkey
34 weeks 4 days ago
by Alan D. Meyerson
Employee not given any hours but not fired?
my daughters place of employment has continuously cut her hours at work and has failed to schedule her for any days this week. Is that legal and how l...
1 35 weeks 14 hours ago
by sbauer12
35 weeks 11 hours ago
by Alan D. Meyerson

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