About John Devendorf, Esq.

John Devendorf, Esq. Articles written 105

John Devendorf is a graduate of UCLA and holds a J.D. from Seton Hall University School of Law, where he was a Distinguished Scholar, recipient of the ALI-ABA Scholarship and Leadership Award, and a participant in the Immigrant Workers’ Rights Clinic and special delegation to Haiti.

A licensed attorney for more than a decade, John transitioned to a career as a legal content writer and editor after an externship with the IRS, a judicial clerkship, and practicing at a civil litigation firm in Princeton, New Jersey. John now lives in Portland, Oregon, where he enjoys writing, international travel, and escape rooms.

Articles written by John Devendorf, Esq.

Forced To Quit? How To Know If You Have a Constructive Discharge Case

Constructive discharge involves quitting or leaving your job because your employer created intolerable workplace conditions that were so bad you had to leave. The employer does not fire the employee but makes the job so unpleasant that the employee is forced to resign. When an employer's discrimination or harassment forces an employee to quit, the employee can file a legal claim for wrongful termination. Contact a local wrongful termination lawyer for legal advice on your situation. What …

Minimum Wage and the Fair Labor Standards Act (FLSA)

The federal minimum wage is the lowest amount employers can compensate hourly workers. The current federal minimum wage is $7.25 per hour. Many states and municipalities have higher minimum wage rates and stronger wage and hour protections. To understand the minimum wage and overtime laws where you work, contact a local wage and hour lawyer. Overview of the Fair Labor Standards Act The federal Fair Labor Standards Act (FLSA) sets a baseline of worker protections in the United States. The …

Understand Your Pay Deductions: What To Look For

Lots of money gets taken out of your paycheck to pay for taxes, government programs, and benefits. You should understand what you pay in deductions and keep track of where the money is going. You can also increase or decrease voluntary deductions to access more money or get tax savings. If there are problems with your payroll deductions, talk to your HR representative to clear up any issues. Tax deductions can depend on your job, state laws, and your individual situation. For legal advice about …

Exempt and Non-Exempt Employees Explained

Federal and state laws set minimum wage and overtime protections for employees. However, many salaried employees are exempt from these protections. To understand your employee rights, it's important to know whether you're an exempt or non-exempt employee. For legal help, contact a local wage and hour lawyer for legal advice. Understanding Employee Classification The federal Fair Labor Standards Act (FLSA) establishes a minimum wage and overtime pay for most hourly and part-time employees. It …

Can Workers Sue for Wage Theft?

Wage theft is when an employer doesn't pay an employee the wages they have earned. Withholding payment is illegal. Employees can sue their employer for wage theft to recover unpaid wages and other damages. Many employees never file a wage claim because they fear retaliation by their employer. However, state and federal wage and hour laws prohibit retaliation for filing a wage claim. Talking to an employment lawyer is confidential and can help you understand your legal rights. To find out about …

Filing Your Wage and Hour Complaint: A Step-By-Step Guide

Federal and state laws protect workers against unpaid wages and other labor violations. A wage and hour complaint can help you get back pay for unpaid overtime and off-the-clock work. The following is a step-by-step guide for filing a wage claim. For help filing wage claims to get compensation, contact a local wage and hour law attorney. Understanding Federal and State Wage and Hour Laws Wage and hour laws ensure that employees receive fair pay for their labor. All employers must follow the …

Workers' Compensation: What Small Business Owners Should Know

Most small business owners must carry workers' compensation insurance to cover medical expenses and wage benefits for work-related injuries. The following article is an overview of workers' compensation, employer requirements, and how to handle claims. For specific information about workers' comp in your state, contact a local employment law attorney. Overview of Workers' Compensation Workers' compensation provides medical care and partial wage payments to employees following work-related …

Vicarious Liability: An Employer's Liability for Employee Actions

Under vicarious liability, employers can be held liable for accidents caused by employee negligence. Vicarious liability can depend on the type of accident and whether the employee was acting in the course of employment. Many employers underestimate how an employee's negligence can cost in personal injury claims, legal costs, and reputational harm. This article provides an overview of vicarious liability and how it affects employers. To understand how to protect your business against vicarious …

How To Resolve Employee Disputes Legally

Employee disputes are a part of almost all workplaces. Even well-functioning businesses have employees who are unhappy with the company, supervisors, or coworkers. Resolving employee disputes quickly helps prevent problems from escalating into costly legal disputes. This article provides an overview of employee conflict resolution and strategies to resolve disputes quickly, effectively, and legally. If your company is dealing with employees or coworkers who cannot resolve issues on their …

Avoiding Misclassification: The Importance of Clear Job Descriptions

Misclassification of employees can result in legal battles, back-wage claims, and financial penalties for employers. Proper classification of workers clarifies the employer's legal rights and responsibilities. Clear job descriptions and staying within defined roles can help employers avoid costly legal issues. For legal help crafting accurate job descriptions to define the worker's role and classification, contact an employment law attorney. Understanding Employee Misclassification There are a …

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