Questions tagged [labor-law]

For questions about groups in the workforce. Consider [employment] for questions concerning individuals in the workplace.

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Are "home-rule municipalities" required to abide by minimum wage laws?

In the state of Colorado, there are various small "home rule municipalities" which supposedly exercise a certain amount of self-governance. In a home rule municipality, can an employer ...
Samuel Muldoon's user avatar
0 votes
1 answer
83 views

Does a company with a branch in Portugal need to recognize years of service from an employee who's worked elsewhere? [closed]

A company has branches in many countries, one of them being Portugal. Some time ago, Jon relocated from the branch in Country A, to the Portuguese branch of the same company. Jon had to sign that he ...
Dusan Milosevic's user avatar
1 vote
2 answers
127 views

Is a worker either an employee or independent contractor? Or could they be something else?

Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
StumpTheCheff2's user avatar
1 vote
2 answers
145 views

Legally speaking who is the employer, is it whoever is paying the employee, telling them what to do, who owns the assets they use etc?

I had worked as an employee for an organization. I had signed standard paperwork before starting, including an employment agreement that had their name on it. I latter found out that the organization ...
StumpTheCheff2's user avatar
0 votes
3 answers
60 views

Clarification of unpaid breaks and OT

I'm reflecting on my experiences from many years ago, when I worked in a restaurant in California. A common shift would have me clock in at 11am, work until 640pm, then punch out for two consecutive ...
Izzy's user avatar
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0 answers
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Is it allowed to work for two government agencies in Canada?

this is very unusual but I am asking anyway, I know it is not illegal to have two employers (or more) in Canada, the question is about the two employers both being part of the federal government. A ...
metaUser's user avatar
28 votes
2 answers
5k views

Why are Hollywood studios permitted to collectively bargain with employees, and what are the limits of this apparent antitrust exemption?

Employers are generally not allowed to coordinate in any way which limits the normal competition for employees. Further, trade associations are not generally permitted to act in ways which would ...
retriever123's user avatar
3 votes
2 answers
472 views

Do labor laws in the US forbid firing striking union members and hiring strikebreakers?

I'm particularly interested in the context of current WGA/SAG-AFTRA strike in the US, but this is a general question. If some business amid a union strike would terminate its agreement with a union, ...
ambidexter2017's user avatar
28 votes
2 answers
10k views

Is my employer allowed to make me work without pay?

As the title says: A coworker and I had recently made a mistake at work. In response to this, our manager decides we have to work for two extra hours on our next shifts unpaid. Is this legal? I work ...
Cdoy's user avatar
  • 283
2 votes
2 answers
153 views

Severance pay when getting terminated just after major change in scheduling

Normally the amount of severance pay is calculated based on the most recent past several weeks (8 in this example). What if there is an upcoming major change to the employees schedule right around the ...
StumpTheCheff2's user avatar
2 votes
2 answers
158 views

Terminating an independent contractor

If an independent contractor works for a company who assigns him shifts, can the company cancel the assigned shifts without warning or reason and effectively terminate the relationship? Assume there ...
StumpTheCheff2's user avatar
45 votes
2 answers
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What 'specific legal meaning' does the word "strike" have?

Over on main meta, on the post containing a statement from Stack Overflow about the current moderator action, there was a brief edit war over the inclusion (or not) of the word "strike" in ...
AakashM's user avatar
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-2 votes
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Worker was sent to a store he was fired from but wasn't allowed to complete his job. New employer fired him as result

This is a theoretical situation. A person had worked at a retail store. He was terminated without cause and with severance. A few years later the same person is working for a marketing company on a ...
StumpTheCheff2's user avatar
4 votes
0 answers
92 views

As an employee who is paid hourly, how much should be paid to pick up a common supply a any store anytime before shifts?

An employee works at a banquet hall or something similar. Often he is told to pick up ice from a store before work and bring it. He is reimbursed for the ice but not compensated for his time. ...
StumpTheCheff2's user avatar
3 votes
0 answers
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Can a US employer cut an employee off from a tip pool?

The Department of Labor very clearly states that an employer may not take tip money for themselves from employees. But what if the employer cuts a specific employee off from the tip pool for ...
cheezsteak's user avatar
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0 answers
31 views

Can Manitoba employers include a ban on duscussing or disclosing wages in their code of conduct?

A similar question has been asked about BC and ON, but I cannot find any information on this in Manitoba. I know that in Winnipeg, at least one Winners and Marshall's location has explicitly barred ...
Branch Klingon's user avatar
1 vote
2 answers
131 views

In Illinois, can a company contact their employee's other company?

In the case where an Illinois resident holds two full-time jobs (e.g.remote jobs) without the knowledge of either company and Company A becomes aware of this. Surely, Company A will rightfully ...
User089723's user avatar
0 votes
1 answer
66 views

FMLA and Paid Leave

There is a law called FMLA or the Family Medical Leave Act. A friend of mine makes the following two claims about it: A person who has an unexpected medical problem (such as a stroke) can use this ...
Bob's user avatar
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12 votes
3 answers
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What are some jurisdictions where a "no-strike clause" is illegal?

This paper (PDF file) gives the following example of a typical no-strike clause in a collective bargaining agreement in the United States (the paper is from 1984, so I'm not sure to what extent it ...
user avatar
24 votes
2 answers
5k views

High School forced labor for grades?

I have a friend in a high school computer science course in Texas. This is a course required for graduation and is not a volunteer thing. Apparently, the teacher is having the students develop an ...
ShardFenix's user avatar
4 votes
1 answer
174 views

Is a company obligated to pay out vacation time lost due to a use-it-or-lose-it vacation policy?

Let's assume an employer has a use-it-or-lose-it vacation policy that allows employees to carry over 40 hours of vacation time from one year to the next. An employee ends the year with 60 hours of ...
asgallant's user avatar
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3 votes
2 answers
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Can a person with pending asylum work for foreign (outside of US) company?

Person who is applying for an asylum is not able to work in the US without an Employment Authorization Document (EAD). That person can apply for EAD 150 days after applying for asylum, and it will be ...
Curious George's user avatar
1 vote
1 answer
159 views

Multiple remote or work from home contract jobs on H1B status in US

Mr.X is on H1B status with Company A. Company A pays Mr.X regular monthly salary, as standard H1B Employer/Employee relationship. Mr.X actually works as a Contractor for an end client, let's say End ...
Bob Esty's user avatar
7 votes
2 answers
864 views

How can employer and union agree to tax-free payments?

The German news reports that the employer and employee representatives have reached a new collective labour agreement covering metal and electricity industries. I was surprised by on aspect of the ...
gerrit's user avatar
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1 vote
1 answer
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What Are The Obligations Of U.S. Employers As It Relates To Bargaining With Unions?

A hypothetical: Company A has 10 employees who work "at-will" making $100k/yr and 1 owner who keeps 100% of all net profits. The employees of Company A decide to Unionize. Exclude other ...
EDS's user avatar
  • 113
2 votes
0 answers
59 views

Is "driving" a road vehicle fullfiling SAE J3016 level 3 considered working time according to ArbZG?

Is being on the driver's seat of a SAE J3016 level 3 road vehicle (i.e. a motor vehicle defined by a third-party standards agency as having "Conditional Driving Automation") considered ...
Torsten Knodt's user avatar
3 votes
2 answers
323 views

Ontario Labour laws pertaining to late breaks

Ontario Labour laws state: An employee must not work for more than five hours in a row without getting a 30-minute eating period (meal break) free from work. However, if the employer and employee ...
Phinet's user avatar
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1 vote
4 answers
426 views

What is it called when you are forced to breach a contract?

I am a union construction worker. Under my agreement with the union, I agree to be sent where the union sees fit, and not quit. (I'm an apprentice.) Having recently completed a job, the contractor ...
j0h's user avatar
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-1 votes
1 answer
110 views

Is it legal or child-labor for a private pre-school to ask preschoolers to wash dishes without compensation?

Is it legal for a private pre-school to ask preschoolers to take-turns to wash everyone's lunch dishes in the kitchen on behalf of all other students? It was a rotational. It was not singling out a ...
user avatar
2 votes
1 answer
131 views

Must a law be broken for a court to hear the case?

An agreement between a union and association has expired. Though it had been renewed for many years an impasse has been reached and lockouts have happened. The union has taken the association to court ...
bipbop1's user avatar
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1 vote
2 answers
186 views

Is it legal in Spain/Europe to retain an employee until a replacement is found?

When an employee sends his resignation letter, is it legal to retain that employee indefinitely until a replacement is found? Is it legal to claim damages if he leaves? This is for Spanish law and ...
Esteb's user avatar
  • 111
1 vote
0 answers
41 views

Working for a company based in Paris remotely from Sri Lanka

I'm Sri Lankan, I live in Sri Lanka and I'm going to have a remote job in a Paris company(It'll end up my current job contract at next year July, which I bond to the Paris company by a Secondment ...
Asaprab's user avatar
  • 121
0 votes
1 answer
48 views

can compensation disclosure to other employees be a basis for dismissal in quebec?

Can sharing or discussing you compensation with your colleagues be a reason for being fired or be a basis for any other decision by the employer? I know there are rules in Ontario against this but I ...
zippidy's user avatar
7 votes
2 answers
496 views

When can a lawyer choose what to work on? Must they think they have a chance at success?

I used to work for a very large company had it's own legal division. If the company wanted to sue someone but the lawyers didn't think they had a good chance to win, must the lawyers still work to ...
bipbop1's user avatar
  • 407
5 votes
1 answer
170 views

Can company's code of conduct influence what employees are doing outside of working hours if it doesn't create a conflict of interest?

In many companies nowadays we can find the following paragraph in their code of conduct: Employees must, however, avoid acquiring any business interest or participating in any other activity outside ...
user45176's user avatar
12 votes
3 answers
3k views

Asking for compensation for a broken job offer in CA

I have a family member who had a steady full-time office job in Los Angeles. He wanted a change of pace, so he reached out and got recruited by a well-known transportation company who offered him a ...
M -'s user avatar
  • 261
1 vote
0 answers
59 views

Is it possible to receive no pay because all the money goes to union fees?

A bit of a follow up to Union fees were deducted but was never told there was a union If someone works for an employer for a very short time (for example 1 or 2 hours) is it possible to receive a net ...
bipbop1's user avatar
  • 407
0 votes
1 answer
164 views

Union fees were deducted but was never told there was a union

I ask this question just out of curiosity. Please advise if it's a better fit for workplace or some other site. I was hired to work at a store. I quit after having worked 2 hours. Part of the reason I ...
bipbop1's user avatar
  • 407
1 vote
1 answer
149 views

Vietnamese branch of international company with too few sick leave days

Suppose that a person A recently got a job in Vietnam from an international company based in Europe. FIt ism my understanding that the minimal sick leave days required in Vietnam is 30 days, but this ...
ChocolateOverflow's user avatar
25 votes
3 answers
5k views

Can a 401k plan exclude Union members?

John Hancock manages our 401k at work, they have under eligibility, Excluded employees: Union employees, Nonresident Aliens, and Leased Employees; 21 years of age and 3 consecutive months My ...
Evan Carroll's user avatar
  • 2,141
0 votes
1 answer
100 views

Penalty for not giving sufficient notice of termination

Suppose someone in the United States has signed a contract promising to give his employer a certain amount of notice (say, one month) before terminating his employment. If the employee decides to ...
Daniel Walker's user avatar
43 votes
4 answers
10k views

In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?

My employer threatened me verbally, saying that he/she will search and find a critical error, in order to end my employment contract immediately, if I don't end the employment relationship from my ...
Bojan's user avatar
  • 409
1 vote
2 answers
96 views

Can Alice accept tips after providing free, no-strings-attached labor or service without employment authorization?

Alice is an asylum seeker with her EAD pending renewal with 179 days of unauthorized work under her belt total. Bob is a recipient of the labor or service of Alice. Is she entitled to engage in labor ...
Kashtben's user avatar
0 votes
1 answer
199 views

waive California meal period

I was confused by my employer saying that I cannot waive my first meal break unless I work less than 6 hours. 512.   (a) An employer shall not employ an employee for a work period of more than five ...
Timinycricket's user avatar
1 vote
2 answers
93 views

Do unionized employees give up the right to represent themselves in cases of contract violations?

I do understand that a union contract may specify that a unionized employee must go through a union representative in cases of contractual disputes. But I am wondering if there is anything in the law ...
grovkin's user avatar
  • 2,530
1 vote
1 answer
100 views

How exactly to calculate severance pay?

I have several questions regarding severance pay. Is it better to ask them separately or in one question? I had worked for an employer for 8 months and was terminated without cause. The schedule ...
user39743's user avatar
4 votes
1 answer
348 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. ...
Evan Carroll's user avatar
  • 2,141
2 votes
0 answers
36 views

Germany - Non EU Citizen with Blue Card employment looking to start Freelance on the side

I am a non EU citizen living in Germany with a Blue Card - not tied to an employer - and a Zusatzblatt that allows me to take up freelance activities. My Employer has no clauses in my contract that ...
irrelevantUser's user avatar
7 votes
2 answers
2k views

At what salary do I need to withhold taxes?

My wife and I recently hired a full-time nanny to watch our infant daughter. She works 42.5 hours per week (the nanny, not our daughter). We're discussing what we should do when COVID finally wanes ...
Daniel Walker's user avatar
-2 votes
1 answer
123 views

Terminated without cause. Do I have a claim for unjust termination or toxic work environment? [closed]

I was recently terminated without cause. I had been working in a liquor store for about 6 months. There was something "special" about the work environment. Several businesses in the area ...
user39743's user avatar