Questions tagged [employment]

For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.

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45 views

Is there anything in UK law that affects how leave can be given to staff with different contracts?

This concerns UK Employment Law, specifically England. I work in a field that has shifts on Christmas and New Years' day, albeit very few positions so a significant number of the workforce is forced ...
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1answer
240 views

Can a church-run university terminate employees because of their religion?

There are a number of churches in the United States that operate universities, and I understand that these universities are legally permitted to give preference to members of the church when hiring ...
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2answers
76 views

Is the date that you give notice the same as the date you are resigning from a job?

I am looking to give as much notice as possible to my current job that I have taken a role at a new company. However, my current contract states: If you resign from your position or you are terminated ...
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52 views

Does an employer have a legal responsibility to make to make clear at least who you directly report to?

I'm wondering if there is anything illegal about working in a work place where the chain of command is extremely unclear. Where I had worked the same parent company owned several retail and ...
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1answer
139 views

What Privacy Protections Does an Employee Reporting Sexual Harassment Have in Oregon?

Several discussions I’ve had recently about a series of events have made me wonder about some of the legal issues they raise. I was fortunate not to be personally involved, and don’t need advice on ...
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2answers
123 views

Can a lawyer charge me before providing advice

Context: I am employed in the UK. Back in mid-July, I was prospecting for a lawyer to advise me on a new contract my employer wanted me to sign. One of the solicitors who replied to my email asked ...
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3answers
3k views

In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?

While sharing salary information is often discouraged by employers, in the province of British Columbia, Canada, are employers legally allowed to punish (e.g. fire, reprimand, etc.) an employee who ...
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1answer
81 views

Does Age Discrimination Apply to those over the age of retirement (US)?

I know that it is illegal to discriminate solely on the basis of age in the hiring process. I know that it is intended to help those that are over 40. But does it still apply to those over the age ...
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1answer
122 views

Is it legal for a restaurant to assume tips on cash payment?

A friend recently posted that, She is a waitress that receives tips. Her restaurant has a POS machine. This POS machine assumes a 15% tip on all cash payments. She can not alter this setting. ...
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66 views

Does California Homeowner's Insurance provide Workers' Compensation Insurance for a Nannyshare hosted in another family's residence?

If a nanny in California cares for the children of Family A & Family B, primarily within the home of Family A, will Family B's homeowner's insurance include workers' compensation insurance for the ...
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17 views

Is it allowed to work outside of EU for a long-term on Blue card

can someone (non-EU citizen) work from outside EU/Germany (on blue card)? If so, what are the rules and regulations. How long can the duration be. Any links for the law/policy would be helpful.
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Do UK government ministers have any redress under employment law when they are 'reshuffled' out of a job?

There has recently been a 'cabinet reshuffle' in the UK. A number of ministers have been removed from their posts and have seen a change in their status and salaries. Are these changes covered by ...
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0answers
94 views

Are gender-quotas lawful for academic funding bodies in the UK?

Background I am an academic, working in the field of medical physics. The UK's National Institute for Health Research (NIHR) is a United Kingdom government agency which funds research into health and ...
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56 views

Do sanctions prevent a US citizen from hiring someone in Venezuela?

I created a startup in the US. However, I would like to hire someone from Venezuela for seasonal employment work—it involves content creation and education. Considering that there are certain ...
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1answer
111 views

Can a Mexican employer really claim rights to IP created before the start of employment if not declared?

THE EMPLOYEE expressly acknowledges that pursuant to Article 163 of the Mexican Labor Law, all rights to any inventions, improvements and any intellectual property rights (“Intellectual/...
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3answers
133 views

Is blacklisting allowed after I have put my notice in and acquired a new job elsewhere?

I am a Massachusetts citizen and I am also a disabled vet. I work at a large company as a programmer/developer, and I have decided to put my 2 week notice in after many frustrations and overall ...
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2answers
86 views

Am I allowed to opt out ADA privileges if my doctor allows it?

I’m on ADA. My employer allowed me not to take the Covid vaccine and instead take weekly test for Covid as a reasonable accommodation. I’m receiving a treatment, and my doctor says if it goes well, he ...
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1answer
95 views

Is employer obligated to provide an option to “opt out from existing ADA privileges” to keep the job?

My employer mandates vaccines for Covid. I have a medical exception. My doctor says there is a 50/50% chance I will have horrible consequence from vaccine based on my medical history. My doctor does ...
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1answer
152 views

May I volunteer for an individual?

In the United States, specifically in Norwalk, Connecticut, where I live, may I volunteer for an individual, and may an individual use volunteers? For example, may I volunteer as a personal chef for a ...
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1answer
50 views

UK employment contract - private work outside of contracted hours

OUTSIDE EMPLOYMENT AND ACTIVITIES During the period of your employment you shall devote the whole of your time and attention during ordinary business hours to your duties with the Company and shall ...
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2answers
43 views

Contract to hire in Texas

There are a lot of employers who normally hire people only after a period of time as a contractor. They seem to hire people as contractors and they go through a contracting agency that is separate ...
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1answer
75 views

Can my employer ask me to return sick pay if I claim loss of earnings?

I have been employed by the same employer for a number of years, and they have recently provided a revised 'terms of employment' document which includes the following new paragraph It is a ...
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1answer
96 views

Does China have "parasitism" law prohibiting people from not working?

I did a lot of research answering this Politics.SE question: "Is China really Communist?". I was able to answer most items I decided to research (some of the answers were less intuitive than ...
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1answer
141 views

Can employer force me to handover my updated passport? [closed]

I work for a EU organization internationally, They have had my previous passport on file for more than a year, but it has expired last year: They are now requesting I send them my new passport "...
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2answers
128 views

Can lack of dual citizenship be a job qualification in Canada?

Some organizations in Canada have an official preference for hiring Canadian citizens, and say so in job announcements. If one is a Canadian citizen but also a U.S. citizen, does that mean one would ...
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1answer
103 views

Can a manager reduce my work hours because there has been (unverified) issues with a coworker?

I am having a conflict with a coworker. Without going into the nature of the conflict, the manager wants to schedule us on separate days. However this would mean a reduction in the hours I work in a ...
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1answer
108 views

Can an employee in the UK (England) be imposed a contractual duty to subject themselves to marijuana tests?

Bob, a citizen of the UK, is a white collar employee of a UK construction company. They never engage in hazardous work or work that is, within the scope of its risk, can endanger others. Can the ...
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1answer
73 views

Can Idaho employers ask about dismissed criminal convictions?

In California, if a person is convicted of a crime, then later has the conviction dismissed under Penal Code section 1203.4, then Labor Code section 432.7 makes it illegal for employers to ask about ...
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11 views

Can a blue card visa holder in Germany work for 1 company and another free internship on the side?

We have a situation where we have somebody in Germany who is working for someone already, a normal job. This person is here in Germany on a Bluecard visa. Is it possible for this blue card holder to ...
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2answers
59 views

Are directors employees of the company?

Directors tell the company what to do but most directors also get paid for their services. Does that make directors employees of the company?
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1answer
57 views

Cost of reallocation on changing employer

An employee joined a job 2 years ago. Initially, the employer paid him for re-allocation fees as stated in the contract. The contract also states that "Under our relocation policy, leavers with ...
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0answers
34 views

Does a remote internship need a visa?

I run a startup in the UK. I know someone from Brazil who wants to help out on our startup by offering some web developer time for free, remotely. Trying to keep things all above board and legal, I ...
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1answer
162 views

Confused about Intellectual Property Rights

I have applied for a job as a software developer in the UK and have been sent back a contract which has the following wordage: You agree that all rights to all material created in the course of your ...
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2answers
64 views

As a paid-hourly employee, am I subject to wages over the maximum hours set forth by a contract?

I work in MA. I am currently paid hourly. My current contract states Number of work hours per week: 40 hrs however, the employer and I have an understanding that I may work more hours. The employer ...
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1answer
75 views

Could signing an intellectual property agreement for an algorithm coding job prevent me from working in a similar industry later?

I am a computer coder / algorithm developer and am just getting started in industry where I know I'll have to deal with IP agreements. In particular, the question I'm asking here came about because I ...
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2answers
114 views

US Federal agency says a vaccine can be required. What does this mean?

The EEOC, the Equal Employment Opportunity Commission, a US Federal agency, is reported as saying that employers can require people to take vaccines. What does required mean? Can employers fire people ...
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2answers
121 views

Is this "Works for Hire" language enforceable?

I am reviewing a job offer that includes this Works for Hire clause: Works for Hire During the term of your employment, you may create an idea, process, trademark, invention, technology, program, ...
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1answer
54 views

Disclosure obligations to employers: UK full-time salaried employee intending to take up additional paid employment 20% with a non-competing business

I recently started working full-time (i.e. approx 37.5 to 40 hours/week) in the UK as a permanent employee of a UK-based private organisation, with monthly salary paid through BACS to my UK bank ...
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36 views

Does it violate HIPAA to ask if employees are vaccinated? [duplicate]

My new company requires their employees to wear a mask if they are not vaccinated from COVID-19. When I came in for my first day, earlier this week, I saw some people not wearing a mask, and I asked ...
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2answers
172 views

Can an employer monitor employees off-premises?

Can an employer monitor employees off-premises or during activities not in course of their employment? Can they fix what people can do in their day to day life and activities in any way? For example, ...
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2answers
154 views

Is it Illegal for me to refuse to hire a white child actor because the already selected parent is black and the child isn't adopted?

Title VII of the Civil Rights Act of 1964 reads: "It shall be an unlawful employment practice for an employer—(1) to fail or refuse to hire or to discharge any individual, or otherwise ...
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2answers
68 views

Can a bail enforcement agent be assigned as a bodyguard?

So I looked it up and google did a great job... of not answering my question. I am helping develop this game. It is going to be a very realistic game, however what I want to know is, can a bail ...
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1answer
97 views

Would she be entitled to welfare benefits?

Say an Irish national resides in another country (Denmark) and looks for work and cannot find work in her profession. But instead, she finds a part-time job that is poorly paid and she is only working ...
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3answers
180 views

Is pretending to be the owner of a bank account illegal?

I'm looking into a job, and I'm trying to figure out if there is a legal issue with it. The role is called "asset investigator." It entails confirming bank info on behalf of credit card ...
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2answers
109 views

Reasonableness of Drug Testing

As far as I know, the purpose of drug testing is to make sure that people aren’t under the influence while working. But something doesn’t make sense about this. Drug tests determine whether someone ...
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2answers
186 views

What are the legal ramifications of using Post Nominal Letters from a degree mill?

Background This question was sparked by a question about firing an employee with a B.A. from a degree mill To my knowledge, using protected post nominal letters that are related to a professional ...
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2answers
207 views

Texas, USA - Is it illegal to have an applicant do work for your company as a "Test?"

I've got a college grad I am mentoring and he just drove for 2 days, to apply for a job. The person he met with wanted him to take a programming test, and instructed him to create a website to show ...
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2answers
150 views

Would it be legal in New York to only hire from Harvard Law School?

The premise of the television programme Suits relies on a New York law firm so élitist that it only hires Harvard Law School graduates, and rejects all other applications. In real life, would this be ...
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8k views

Is it legal for employers to hire only native speakers?

I recently learned that there are some companies (for instance, certain editing, writing, or translation services) that explicitly refuse to hire non-native English speakers for certain positions a ...
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0answers
17 views

What are the existing regulations and laws about on-call shifts in retail industry in California?

My wife has recently started working as a floater pharmacist at one red-colored pharmacy chain in California. Just a side note, while my wife has worked there, she personally vaccinated more than 1000 ...

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