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Does federal law override state law? answers (337103)

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Q: 

Napping During Lunch Breaks

A:  "Is there a federal or NY state law against employees napping during official breaks ?" No, but that does not mean the employer has to allow her to do it.  They are free to have a policy that they don't permit napping on the job site even if clocked out.   "Furthermore, can the employee sue the company ?" Can she?  Sure.  Would she win?  No.  She has no legal basis to sue.  Unless she is diagnosed with a bonafide illness such as narcolepsy where strategic napping during the day is one of the accepted treatments the employer is under no obligation to let her nap on her lunch time.  Even if she has a bonafide illness that required...

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Fed Felon in Possession, re: statute vs sentencing guideline

A:  Fed law trumps state law. If the offense was punishable by more than a year in custody, you can't have a gun, regardless of what you were actually sentenced to. If your state would allow you to have a gun, you can, under 18 USC 925(c) make application to the Attorney General for relief. That's Alberto Gonzales, not your state AG. Consult local counsel. The AG petition is similar to a pardon but much simpler. Given that there's a republican in office right now, it would be a good idea to seek it during his term. I can't explain why a lawyer or judge wouldn't know how to read 18 USC 922(g). It's darn clear to me....

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14th amendment liberty rights violated

A:  You had 10 days to respond. You didn't. That's the end of that. The 14th amendment does not guarantee you a hearing to clear your name. You're overlooking a couple key points: 1) you had 10 days to ASK for the hearing. The hearing wasn't going to be held within that 10 day period so you didn't need to find an attorney before you made the request. Therefore, the only reason you didn't get a hearing was because you didn't ask for it. Second, Roth doesn't stand for the proposition that you have constitutional right to "clear your good name." It says that if you are dismissed for alleged wrongdoing, you have a right to due process and an opportunity to refute the charge. You did HAVE that right,...

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At-Will versus In-House Policies

A:  "If an employer chooses to have an in-house policy, such as 4 strikes your out, do they have to adhere to that policy?" No, and that includes "large offenses". "Is it against both federal and CA state laws for an employer to restrict employees from communicating amongst each other about work conditions, work policies, wages, commissions, etc?" Don't know about CA, but a blanket prohibition of employees against talking with each other about working conditions and wages would probably be unenforceable because of the National Labor Relations Act ... even if the policy wasn't really created as an anti-union measure. This would be something to discuss that with the CA labor...

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Employer taking deductions without agreement

A:  Laymans read: Generally an employer cannot make lawful deductions from your paycheck w/o your written approval. My read of thier version of they pay for training is that they are trying to rewrite the book so that you pay it--and they hold all the cards. Do you have a contract for your basic employment status? True an offer which is countered generally wipes out the prior offer --but there was never a contract anyway as to this matter since there never wa an acceptance of anything . I think the employer is out to lunch as to unauthorized deductions--unless someplace you agree to same--but I think if pay coy for a good while before I blew any whistles. I do NOT know OH law--but I do know in PA if you filed a wage claim for the unauthorized...

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federal law for mandatory lunch breaks for exempt employees?

A:  No, there is no federal or state law requiring an 30 minute lunch break for either exempt or non-exempt employees. HR''s grounds for forcing this is simple: the employer, not the employee, sets the rules, including the hours of work. Contrary to what a frightening number of people believe, an exempt employee does not get to come and go as they please. It is entirely legal for an employer to require an exempt employee to work certain hours, or to take a lunch break. Bottom line; the employer cannot require that you take fewer breaks than the law requires, but they can require you to take more. If your employer says you take a lunch break, you take a lunch break....

Q: 

US law applying inside a US consulate/embassy?

A:  Before you can enter an embassy overseas, you first have to step on foreign soil. Their laws come first. Example, why would you ask the embassy for help regarding an abortion? Go to the hospital and talk to a doctor. It will be their laws that will govern you. Even if firearms are allowed in that country you are in, you will not be allowed to bring it inside ANY embassy. If you live on embassy grounds, you just pay federal income tax. My opinion.** The premise of your question is embodied in your second paragraph. Registered. If you are registered, I assume you mean to vote, this means that you are a resident of that state. Yes you would pay taxes of that state....

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Why and how is it legal for states to have a minimum wage lower than the federal minimum wage?

A:  Okay, you intrigued me so I had to do some research. Yes, 5 states have minimum wage rates below federal; however, the federal minimum wage is what must legally be paid (it supersedes) and the website www.dol.gov provides this information. So, I''m not sure what the point if for these states having a minimum wage rate below the federal. If a state has a minimum wage rate above the federal minimum wage rate then the state wage supersedes. So, even if the state rate is $2.85/hour (which one of them was)... an employee would still make federal...

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Break Periods

A:  That is a long shift. Unfortunately neither the federal Government nor the state of Arizona require breaks or lunch time. It is up to the employer what hours are worked. If they want to make a lunch break mandatory, they most certainly can do so, and they can fire an employee for not complying. Just because the federal and state law does not require a break does NOT mean that it"s the employee"s choice whether to take one or not if your employer says otherwise. It is up to the employer so if they wish to work straight 16 hours with no lunch break they need to talk to the employer and see if he will make an...

Q: 

Lunch breaks

A:  The federal laws do not cover rest periods or lunch periods or breaks. Some state laws do cover them, but Maryland does not have a rest period law. It is illegal to deduct it whether it is used or not. The federal says that rest periods do not have to be paid, but if the employee works during that period he must be paid. If the person works he is paid for the time. The company has a right to set a policy for it"s scheduling. If the company policy says a lunch hour must be taken than he is violating company policy and can be disciplined for not adhering to policy, written up or terminated. The company can...