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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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No, it's not legal. The general rule is that there's no such thing as "salary" for most employees and you have to be paid time and a half for anything over 40 hours a week. The exception is exempt employees, which you clearly are not.
Here's the reality: Your boss is stiffing you. If you sued him, he would be required to pay you the overtime bonus he hasn't plus a penalty. That penalty would be the same amount he didn't pay you, meaning that he'd have to pay you double what he didn't pay you. In addition, he would have to pay for your lawyer to bring the lawsuit.
Now, the real question is: how much are we talking about total? Keep in mind that it is his job to keep track of your hours...not yours. But, since you're being paid for the hours (I assume) then you probably have a good record of how many total hours it is. 8.5 times those hours and you you know how many dollars he owes you. Double that and you know how much he'd owe you in court. Add 30-40k to that and you know how much he would have to pay in total if he lost in court, including attorney's fees.
One way to go about it is to just approach him and ask him to pay you what he owes you. Depending on your relationship with the boss, this could go easily or very badly. If he fires you, that's a retaliation lawsuit anyway, so you'd still be protected by the law. Only you can decide if this is a good way to go, but remember that you can and should inform him that if he doesn't, it will cost him a lot more in the future.
Another way to go, assuming this job isn't something you're keeping for long, is to wait it out. Keep records of every hour worked, and then when you quit, demand payment of all monies owed, including the penalty but not the attorney's fees. He can't fire you at that point. He's pretty much over a barrel. If he doesn't pay, you have a lawsuit. The downside of this is that the different wage and hour laws have a lookback period. I believe for the federal law, it's only 2 years...so you're only going to be able to get 2 years of unpaid overtime, and if you worked longer than that, you're going to have to forgo anything before that.
Now, you can always just sue the company while you work there. I don't advise it without discussing first. Small companies routinely fire employees that sue them. Yeah, that adds to the lawsuit, but at some point, litigation isn't your hobby or your passion. You WILL get tired of being in a lawsuit long before it's over. If you can avoid it and still get your fair compensation, you're better off.
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Anonymous #144
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Re: Ask a defense attorney *DELETED* [Re: Enlil]
#27411014 - 08/01/21 05:47 PM (2 years, 10 months ago) |
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WyoMX

Registered: 07/06/15
Posts: 2,241
Loc: PNW
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I don't know your situation but alot of times they can set up a payment plan for fines. I wouldn't think thats a good excuse to delay a court hearing.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Quote:
Anonymous #144 said: What do you think the best excuse to delay a court date? I do not have enough money to pay the fines as well as attorney for the ones I have to show up for. Is this alone a good enough excuse? Should I injure myself or something?
You don't need to delay a hearing for fines. The court will almost always give you more time to pay. I don't know what the issue is, but you may or may not need an attorney. Either way, you should show up and ask for more time if you need it. Injuring yourself isn't helpful at all.
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Anonymous #144
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Re: Ask a defense attorney *DELETED* [Re: Enlil]
#27411126 - 08/01/21 07:23 PM (2 years, 10 months ago) |
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Then show up...The alternative is failure to appear. It doesn't get better by adding another crime on top of everything else.
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Anonymous #144
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Re: Ask a defense attorney *DELETED* [Re: Enlil]
#27422868 - 08/10/21 03:54 PM (2 years, 10 months ago) |
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Why fire him?
-------------------- Censoring opposing views since 2014. Ask an Attorney Fuck the Amish
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Anonymous #144
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Re: Ask a defense attorney *DELETED* [Re: Enlil]
#27422948 - 08/10/21 04:39 PM (2 years, 10 months ago) |
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Anonymous #144
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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It isn't a big deal. You go in on your court date and ask for a continuance to hire a private attorney. That'll either be granted or it won't.
They're not going to steal your house.
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NothingsChanged
Striving for Excellence


Registered: 05/28/11
Posts: 10,368
Loc: North/Western WA
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Re: Ask a defense attorney [Re: Enlil]
#27425179 - 08/12/21 11:04 AM (2 years, 10 months ago) |
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From my many experiences, countinuance has for the most part, always been granted. Often multiple times per case.
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Anonymous #172
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Got a letter in the mail that without my knowledge somebody had mailed 5 grams of a schedule 2 substance to me in the mail and that customs had seized it. Looked it up and its not illegal in my state, so only the federal analogue act applies.
Do you think they will pursue conviction? If so, do I have much chance at a defense?
Never been in trouble with the law before
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koods
Ribbit



Registered: 05/26/11
Posts: 107,266
Loc: Maryland/DC Burbs
Last seen: 9 hours, 6 minutes
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That letter is all you will ever hear about it. They aren’t going to pursue a petty case like that. If they wanted to, they would have done a controlled delivery and arrested you when you took possession of the package.
Edited by koods (08/15/21 05:45 AM)
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Sugabearcrisp
Not Your Average Bear



Registered: 10/14/19
Posts: 13,423
Loc: OTD & ODD
Last seen: 49 minutes, 36 seconds
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Re: Ask a defense attorney [Re: Enlil]
#27428783 - 08/15/21 06:24 AM (2 years, 10 months ago) |
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Enlil how likely is it that the police will obtain a warrant to search your cell phone if you are arrested for a dui/oui/dwi, assault or drug possession?
Would things like a shroomery account, bitcoin wallet, tor, encryption software, encrypted chat, mushroom cultivation teks/pics and or other drug extract/synth teks/pics on the phone lead to a search warrant being issued for your residence?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Quote:
Anonymous #172 said: Got a letter in the mail that without my knowledge somebody had mailed 5 grams of a schedule 2 substance to me in the mail and that customs had seized it. Looked it up and its not illegal in my state, so only the federal analogue act applies.
Do you think they will pursue conviction? If so, do I have much chance at a defense?
Never been in trouble with the law before
It's going to be hard for them to get a conviction of you. You never took possession. Without more, they have no case, and the fact that they intentionally tipped you off tells me they don't intend to look for more.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Quote:
Sugabearcrisp said: Enlil how likely is it that the police will obtain a warrant to search your cell phone if you are arrested for a dui/oui/dwi, assault or drug possession?
Would things like a shroomery account, bitcoin wallet, tor, encryption software, encrypted chat, mushroom cultivation teks/pics and or other drug extract/synth teks/pics on the phone lead to a search warrant being issued for your residence?
That's a lot of steps to get to a warrant for your house. Unless you're a drug kingpin, I don't see it. As to probable cause for a warrant, it's hard to claim that pics on the phone from the past gives them evidence that your house contains contraband today.
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Sugabearcrisp
Not Your Average Bear



Registered: 10/14/19
Posts: 13,423
Loc: OTD & ODD
Last seen: 49 minutes, 36 seconds
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Re: Ask a defense attorney [Re: Enlil]
#27428937 - 08/15/21 09:19 AM (2 years, 10 months ago) |
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What about the first question?
how likely is it that the police will obtain a warrant to search your cell phone if you are arrested for a dui/oui/dwi, assault or drug possession?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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They might depending on the facts of the assault or if you were arrested with 50k on you or something.
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Anonymous #144
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Re: Ask a defense attorney *DELETED* [Re: Enlil]
#27429910 - 08/16/21 06:43 AM (2 years, 10 months ago) |
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