Questions tagged [employment]
For questions that are about, or that arise as a result of, workplaces or the performance of work-related duties.
488
questions
2
votes
1answer
76 views
Is it legal for Stack Exchange to not pay moderators minimum wage? [duplicate]
The Fair Labor Standards Act of 1938 (FLSA) is a United States labor law that creates the right to a minimum wage.
The Department of Labor states:
Under the FLSA, employees may not volunteer ...
-3
votes
1answer
102 views
Can carelessness and lack of consistency in the hiring process be considered a form of discrimination?
I applied for a position as an independent contractor with a well-known tutoring company. Using their platform would have been an excellent opportunity for me.
Unfortunately, my application was ...
-2
votes
0answers
26 views
Is a combination of outsourcing and automation going to remove most law jobs in the next ten years? [on hold]
In theory, at current growth rates this would happen.
Lawyers only need to be in the us for consultation and trial, which are not the majority of the work. Everything else can be done from India.
1
vote
1answer
71 views
Did not receive yearly bonus, despite being employed at the company during the bonus period
At my last place we had a bonus scheme based on performance. If you met all of your targets for the year the bonus was 5% of your base salary. If you exceeded all of your targets for the year the ...
22
votes
1answer
6k views
What are the limits of religious freedom in the workplace?
Federally in the US, only race, sex, and religion are protected classes, i.e. it's illegal to make employment decisions (hiring/firing/salary/promotion/etc.) on the basis of a worker's race, sex, or ...
0
votes
0answers
62 views
Is my employer liable for discrimination by forcing me to have desktop wallpaper that hurts my eyes?
My employer forces all work computers to use the same desktop wallpaper. Currently it is very high contrast and the colors are over saturated. It causes eye fatigue and makes text on the desktop hard ...
7
votes
2answers
11k views
Is it duress if you feel you are forced to sign a contract by an employer?
When I was promoted, I was given a significant sign-on bonus, but was made to sign a document that said if I left within 12 months, I would have to pay back the gross amount in around two weeks.
I ...
0
votes
2answers
70 views
Starting a business: is it legal to hire freelancers if you haven't registered the company yet?
The reasons I would want to delay the registration of this business as much as I can are:
I don't foresee having a single dollar of revenue until at least 2 years later (the product I'm building is ...
1
vote
1answer
54 views
Are intellectual property indemnity clause, which requires the employee to indemnify the employer, enforceable?
Jurisdiction is England (UK), and it's a clause in an employment contract (permanent).
The following question has been posted on reddit, and I happen to be on the same boat.
I've been offered a ...
0
votes
1answer
25 views
Referral Company submitted resume on my behalf without permission
I have utilized GlassDoor and ZipRecruiter in the past to look for and apply to new jobs. It was mostly a reasonable experience: I would apply for jobs I was interested in, and the companies would ...
-4
votes
1answer
93 views
Could the freedom to choose an Operating System be a legally enforceable basic human right?
Many employers demand that you use Microsoft's Windows or Apple's macOS if you want to work remotely from home even if they are not technical requirements. As a result this essentially amounts to ...
1
vote
1answer
92 views
Am I liable to my employer if I keep my notebooks past the term of employment?
As I work, I keep a notebook. At a high level, it is a list of things I need to accomplish on a given day, or within the next few weeks. Sometimes I also use it as scratch paper, which means that I ...
1
vote
1answer
95 views
Can an employer reprimand an employee for posting negative reviews on social media?
If an employee posts on social media that a company is bad to work for, can they get fired or reprimanded for it? What if they gave specific examples, like how the employer reduced their wage without ...
0
votes
0answers
18 views
Is there a specific term than “Provisions Relating to This Agreement”?
Because isn't pretty much everything in an employment contract a "provision"? Even if Employment Contracts use the vague "Provisions relating to this Agreement", I still want to know if there's a ...
1
vote
0answers
42 views
Must employer give 2 weeks work if work is shift work and employee gave notice
I work for a company that periodically asks employees what their availability is and assigns shifts based on that. The calendar with the shift information is about at it's end and a new one hasn't ...
4
votes
2answers
139 views
Must German job postings include “(m/f)” even in English?
As I understand it, German law requires companies posting job openings to address the gendered nature of the German language by including both the masculine and feminine forms of the job title (e.g., ...
2
votes
1answer
36 views
Difference between “1099-MISC worker” and “independent contractor”
I live in Massachusetts which recently passed a very complicated law for Paid Family and Medical Leave (PFML). I'm trying to understand my obligations under this law as described on this mass.gov ...
1
vote
2answers
98 views
How long must an employer hold a paycheck?
I am unable to pick up my final paycheck from my employer immediately. How long do I have under federal law to retrieve my paycheck before my employer is no longer bound to honor it?
2
votes
0answers
36 views
Evidentiary presumptions of gratuitous labor from family caregivers, varying by state?
Quoting from Claims Against an Estate for Care Rendered to a Decedent:
Many states have an evidentiary rebuttable presumption that services rendered to a family member are gratuitous in nature, so ...
0
votes
1answer
59 views
How does equal pay for substantially similar work (as per the California Equal Pay Act) apply to commissions?
I'm curious about the following scenario. If a business hires people and pays them a commission, is the employer obligated to be neutral in how it directs sales to each employee, in cases where the ...
1
vote
3answers
77 views
Can a severance package be negotiated? [closed]
If a University is laying off many people from a department. They will receive one, or two months of pay, and a lump sum for a number of employment years.
Would the members of this department have ...
0
votes
0answers
40 views
Work place photos/images
Can my employer force or require me to take a photo of myself? And then display the image publically at my work location?
-2
votes
4answers
191 views
Is there any US labor law which needs to be heeded by call centers staffed exclusively abroad? [closed]
It has now become a staple of everyday life in America that many of the call center which we reach when we call large corporations are staffed by individuals abroad. What is the legal basis for ...
32
votes
3answers
11k views
Can pay be witheld for hours cleaning up after closing time?
The bar in California, where I work, closes at midnight. We start cleaning (bar, kitchen, bathrooms, dishes) before we close, but only if it's not too busy. Once midnight hits, it takes 30 minutes ...
-1
votes
3answers
77 views
Do I have a case against my employer? [closed]
In March 2018, the financial advisor I worked with, trapped me in my cubicle and asked me if a lump in his groin area made his pants fit tighter. While pressing his pants down to show me the lump, he ...
3
votes
1answer
54 views
Hiring a UK resident and citizen to work remotely in a Finnish company (pre and post brexit)
Company A: a software development startup. Incorporated in Finland.
Person B: An UK resident and citizen
A is looking to employ B to work entirely remotely. Because of reasons, it is not possible ...
29
votes
2answers
14k views
Are employers legally allowed to pay employees in goods and services equal to or greater than the minimum wage?
In the United States, full-time employees (not contractors) must be paid a minimum wage per hour. Assuming both parties agree to it, are they legally allowed to be paid in goods and services equal to ...
0
votes
0answers
25 views
Is it legal to work for an US company online on an F1 visa?
During my undergraduate years in India (as an Indian national), I used to work part time (~15-17 hours a week) for a certain company which is based in the US. The kind of work I used to do is ...
1
vote
1answer
101 views
Being sued over a promissory note [closed]
Background:
In April 2018, I was hired by a company A that outsources services. When I was hired, I signed two promissory notes for $25,000(local currency) for the concept of value of training for my ...
1
vote
0answers
55 views
Legality of forced, set charitable giving as a condition of employment
Is it legal, in a right to work state, for an employer to force charitable giving as a condition of employment? There is no choice in the charity, it is a specific one selected by the company. The ...
1
vote
0answers
31 views
Can a non US citizen work remotely for a US company and be under their payroll?
Some context: I've been in the US for almost 5 years under a F1 visa. In the last year I've worked under OPT for a company in the US. I have a SSN but my card says "valid for work only with DHS ...
2
votes
1answer
33 views
Working online from abroad in a USA organization
Which states in USA have legislations that allow organizations in that state to recruit people living abroad (they are hence not authorized to work in USA) to work online for that organization?
Or, ...
2
votes
1answer
69 views
I am being threatened by a former employer [closed]
I live in Florida and recently have been told my former employer is threatening to sue me and 2 other former employees. He said he is going to sue us for defamation/liable/slander, he gained access to ...
1
vote
1answer
124 views
Does a 16yo without a work permit have rights to the code he was paid to develop?
I am sixteen, and I have a summer job for a software company.
In my state (Maine), a work permit from school is required for someone of my age to have a job but it was never filled out. I assume ...
3
votes
1answer
135 views
Is it legal to have unpaid volunteer moderators (or other types of volunteers) on a for-profit community website?
It seems like everyone does it. I've never heard of a paid moderator (though I'm sure they probably exist). From what I've gathered, however, it sounds like having any kind of volunteers is illegal ...
0
votes
2answers
161 views
My religion discourages use of direct deposit, but my state allows employers to mandate direct deposit. How should I navigate this situation? [closed]
Banking entities have been actively marketing to businesses in my state, attempting to get as many of them as possible to abandon traditional pay-stub-and-check payroll in favor of debit cards the ...
3
votes
1answer
251 views
Can an employer force all employees to open bank accounts in the employees' names?
[asking regarding federal law in the U.S.A. only]
Recently I have noticed low wage employers such as fast food and retail requiring employees to open a bank account through the employer. Such ...
1
vote
0answers
32 views
How is the EEOC “four-fifths rule” discrimination rule applied when rates are small?
The U.S. Equal Employment and Opportunity Commission (EEOC) in their UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES specifies:
A selection rate for any race, sex, or ethnic group which is less ...
1
vote
1answer
83 views
Does parental leave count towards extinguishing a debt to the employer?
My partner has recently been on a training course (paid for by the company, a substantial amount of money) with the caveat that she'll have to repay it (entirely or just part of it) if she leaves the ...
0
votes
0answers
26 views
In NJ, referring to the NJSRA, is “salesperson” different from commission-paid “independent contractor?”
There is a case in NJ that I believe is still pending:
https://www.leagle.com/decision/infdco20180914m30
New Jersey Sales Representative Act, N.J.S.A. 2A:61A-1, et seq. (the "NJSRA") [Docket Entry No....
0
votes
2answers
53 views
Does the employee or employer decide how to satisfy the tax withholding requirement for restricted stock granted as income? [closed]
I'm currently working at a startup and am going to receive some equity in the company through a restricted stock grant. The CEO inserted this clause into the grant agreement and it's giving me some ...
1
vote
1answer
71 views
Does the EU Blue Card allow to deliberately have 3 months of unemployment between jobs?
I'm from non-EU country and I'm getting a new permanent job in the Germany right now. The contract has the next paragraph:
§ 18 Post-Contractual Non-Competition/Contractual Penalty
(1) For a ...
1
vote
1answer
21 views
How to determine which court to apply to when parties are in different areas?
I am considering taking an employer to court. It would be regarding whether or not I'm a contractor or employee (and thus entitled to different benefits).
I am not sure which court I would apply to. ...
0
votes
1answer
54 views
Interpretation of Employment Award
Australia has the General Retail Industry Award:
Specifically regarding overtime:
http://awardviewer.fwo.gov.au/award/show/MA000004#P778_67718
My question is specifically around overtime for casual ...
0
votes
0answers
48 views
When can employer change pay (increase or decrease)?
Question
Can an employer decrease an employee's pay whenever they want (unless otherwise agreed to in a contract)? Out of curiosity can an employer increase pay at any time? Does it make a difference ...
4
votes
1answer
126 views
Terminated for significant other's religion
I want to be a bit vague on specific details and names as this is an active legal issue but in the state of Utah I was terminated a few months back after a couple years of employment for my ...
2
votes
3answers
110 views
Does one-way written communication bear legal standing?
This question is based on this question over on Workplace SE. I am neither the OP of that question nor in any way related to the OP, I'm asking this question out of personal curiosity. In brief, the ...
0
votes
0answers
102 views
ADA and reasonable accommodations
https://www.eeoc.gov/facts/jobapplicant.html
Q: Is it a reasonable accommodation to request to remove all the oral interviews for a candidate programmer who has, for instance, social phobia? Or the ...
0
votes
1answer
62 views
GDPR: Can I do anything that touches a system with live customer data if I have no instructions at all
I have just become aware of this particular Article 29, which has one good side: it is short.
The processor and any person acting under the authority of the controller or of the processor, who has ...
1
vote
0answers
37 views
In NYS, can a medical marijuana patient be fired or denied a job for a positive drug test result for THC?
In New York State, do medical marijuana patients have legal protections when it come to THC showing up in a drug test? Assuming they are both living and working within the state.
Additionally, do ...
