Kristan Peters-Hamlin

The University of Texas School of Law

J.D.

1987

Honors: Texas International Law Journal, Symposium Editor

Cornell University

B.S.

1982

Managing Partner

Peters Hamlin Law, LLC

Current

Four Years After SOX: Where Are We?, Houston, TX

Fulbright & Jaworski

2006

Retaliation and Whistle Blowing Under Sarbanes-Oxley, Advance Civil Trial Law Conference, Houston, TX

South Texas College of Law

2006

Four Years After SOX: Where Are We? A Review of SOX Retaliation Cases, New York, NY

Associate of Corporate Counsel of America (ACCA)

2006

The Glass Ceiling, Buenos Aires, Argentina

Vital Voices

2008

New York Super Lawyer

Magazine of Law and Politics

2007

Awarded from 2006-2007

Selected to Serve on the Rwanda War Crimes Tribunal

Justice Department

1995

Connecticut Bar Association, Employment Law Committee

Member

Current

Fairfield County Bar Association

Member

Current

Women's Bar Association, New York Judicial Selection Committee

Member

Current

International Bar Association, Discrimination and Gender Equality Committee

Member

Current

Activities: Also a member of the Employment and Industrial Relations Law Committee, the Human Rights Law Committee, and the Women's Interest Group

Association for a Better New York

Member

Current

Connecticut

2nd Circuit

4th Circuit

D.C. Circuit

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court, District of Connecticut

Q. If you clock in and out of work, is it assumed that you are a wage worker?

July 8, 2011

A: If by wage earner you mean non-exempt, normally it is only non-exempt employees who are required to clock in and out. But there is no law prohibiting an employer from making exempt salaried employees clock in and out.

Q. I am a teacher and took FMLA leave. Snow days occurred during the leave. Can my employer require me to make up the days

July 8, 2011

A: If the employer is counting the snow days against your FMLA leave, you cannot be required to make it up. But the employer should not count the snow days against your FMLA leave, in which case you could be required to make it up.

Q. Am I Trespassing if I'm picking up my last pay check?

July 8, 2011

A: The answer depends on whether your employer has informed you, in writing or otherwise, that you are not entitled to come back on the property and your paycheck has been mailed to you. A finding of trespass turns in most states on whether you have been notified not to come onto the property and whether you have a legitimate basis to come on to the property. Normally, coming to pick up a paycheck would be a legitimate basis to come onto the property unless you have already been told that it will be mailed to you and that you should not return. If that is the case, the safer course is to wait for it to be mailed. If you do not receive it, report it to the Dept of Labor as nonpayment of wages. It is best to avoid physical confrontation. ... Read More

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