Questions tagged [labor-law]
For questions about groups in the workforce. Consider [employment] for questions concerning individuals in the workplace.
123
questions
0
votes
1answer
39 views
Can there be a settlement agreement for termination of employment?
Say a dispute arises between an employee and employer. The employer believes the employee stole something or intentionally damaged company property. The employer would like to immediately fire the ...
1
vote
4answers
89 views
Is there some well known or established principle for this situation? Unfair jurisdictions and un-equal parties
Imagine a situation where an employer offers an employee a contract that stipulates that all disputes should be resolved by some arbitration panel in a tax haven. I don't know about America but I am ...
3
votes
2answers
94 views
Can an employee be penalized for missing work due to medical appointment?
Can an employer discipline an employee for taking time off work for a medical appointment? What if the employee is still on the probation period? I won't get into specific details, but a somewhat ...
0
votes
1answer
86 views
Can employer deduct minutes worth of pay for clocking out few minutes early?
I started working in a retail store. We are scheduled to work for 30 minutes after the store closes to finish the closing procedures (such as turning off lights, locking doors etc). For example if the ...
1
vote
0answers
38 views
Can state officials demand I-9s from a company?
I have a state official asking me copies of I-9 forms for my former employees.
Does a state official have the legal authority to demand federal documents such as I-9s from businesses in the state?
1
vote
1answer
73 views
When does “forced flex time” become “unpaid overtime”?
Jurisdiction: Ontario, Canada.
Facts:
Salaried employee.
Employer has made it very clear that working hours are strictly 9:00 - 12:00, 1:00 - 5:00. No flex.
Clients often request services outside of ...
2
votes
2answers
163 views
Are companies at sexual discrimination risk for using whiteboard interviews during the job interview?
Background
Currently, many companies hiring software development engineers use a whiteboard algorithms interview technique. This involves asking the job candidate to code a solution to an algorithm ...
1
vote
1answer
42 views
California Exempt Employment Minimum Pay not being met
I am currently working full time as an exempt employee in California for a company of over 25 people.
I have read that due to the California minimum wage increase to $14, I am supposed to be paid a ...
0
votes
2answers
84 views
Must I follow “Compliment Policies” if these are not in the contract?
I am working for a company in the UK where I have undergone courses to help me improve my working skills.
It is written in the "Compliment Policies" on the companies website that if I leave ...
0
votes
0answers
54 views
Force leave on bad faith is illegal, what does bad faith mean?
This is question about Philippines labor law.
Force leave or floating status is putting an employee for a specific amount of time away from work because of circumstances like no project or disaster.
...
16
votes
3answers
4k views
Can employer legally stop paying time & 1/2 to exempt employee after stating in the offer that they would do so?
Late July I got a job as a computer programmer on a 6 month contract with the agency that recruited me (although I actually work for another company). The job is W-2, paid hourly, but as I'm a ...
6
votes
1answer
840 views
Employer suddenly decided to use finger prints for clocking in and out. Can I refuse?
I work in a retail store with about 20 staff members. Usually 3-8 work at a time. The job isn't meant to be permanent and pays close to minimum wage. All of a sudden they are adding a fingerprint ...
1
vote
2answers
110 views
In BC is there an automatic probation period for new employees?
If an employee works less than 3 months are they entitled to any notice before being fired without cause? Does it matter if they're given some kind of warning or explanation?
I was reading this ...
0
votes
1answer
60 views
Is It Unfair For A Business To Change Its Severance Package Policy During A Pandemic?
In South Africa could it be considered an unfair Labour Practice if the practice and policy within a company had been to pay two weeks severance pay for each year worked. Then when the Covid 19 ...
0
votes
2answers
142 views
Section 2870 of the California Labor Code - Can former employer claim ownership of former employee's project?
Silicon Valley tech companies in California require employees to sign a contract that assigns all inventions to the employer. The only protection employees have are in the form of Section 2870 of the ...
29
votes
9answers
7k views
How will anyone know if an employer fires an employee for an illegal reason?
From the Wiki article "At-Will Employment":
At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any ...
1
vote
1answer
61 views
Will I get salary from the University for the served notice period?
I work with an Indian University. The notice period for resignation is three months as mentioned in the faculty handbook. Their rule also mentions,
"Faculty wishing to be released earlier than ...
2
votes
1answer
119 views
Union officials taking members' grievance awards
My union (the Teamster) has a sleazy practice that I find utterly amazing. If a dues-paying member files a grievance against an employer and wins, the member can sometimes win a monetary settlement. ...
0
votes
1answer
78 views
Can a confidentiality agreement require you to not say who your client was?
Does the following Confidentiality Agreement mean the Consultant cannot say who the Client who he was doing the work for was? For example if Bob was hired by Staffing Agency to work at McDonald's, ...
0
votes
1answer
70 views
How to intepretate three paragraphs in my contract?
I am a seaman and I have a work contract undersigned by both sides. In mentioned contract I have a paragraph saying, that:
The payslip and balance payment will be forwarded after
evaluation of the ...
1
vote
2answers
143 views
What are realistic time limits on contemporaneous note taking?
In terms of contemporaneous, if an OHS Inspector is taking notes on an official investigation what is an acceptable time frame for s/he to adjust the notes to correct errors while at the scene i.e ...
0
votes
0answers
23 views
Does failing to disclose the rate of mileage compensation violate DCAA compliance or any other labor laws?
I have an American company that does federal contracting which compensates employees a fixed rate based on how many miles they drive per day. They have an online portal in which their drivers enter ...
3
votes
2answers
177 views
Can a contractor refuse to pay a subcontractor if he doesn't get paid?
Can a contractor refuse to pay a subcontractor until the contractor receives his payment from the company/client? Does it matter if it's in a written contract? Can the buck be passed like that?
"...
1
vote
2answers
125 views
Can an employer charge employee/contractor a processing fee for payment?
I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed ...
6
votes
2answers
240 views
Is it legal to retaliate against an employee who answered falsely when asked an illegal question?
Oftentimes due to public policy considerations or for a multitude of other reasons employers can not ask particular questions during an interview or just in general in the workplace. Suppose that an ...
1
vote
2answers
121 views
Can a prospective employer require you to pay to take a test as part of an interview?
I just red this question about having to pay to take a test for an interview. Is it legal? Must an employer reimburse? In general this site says an employer can't charge you a fee to start work.
2
votes
2answers
54 views
Responsibilities (legal and fiscal) for individual (based in Germany) hiring an international freelance contractor online
Suppose that an individual hires a freelance contractor (through online platforms like Fiverr, UpWork, or Freelancer.com). The contractor may be from any country and may or may not have a regular VAT.
...
1
vote
0answers
31 views
In addition to base pay, what other payment in lieu of benefits must employer provide?
I may be confused about this. In Canada, in addition to the hourly rate, must an employer pay any additional fees, like vacation pay? I know one place I work paid 4% of base rate in lieu of vacation. ...
2
votes
1answer
98 views
What would go into proving you are an employee and not a contractor?
To my understanding, in Canada, an employee is given more protection and entitlements under the law, than a contractor. What would go into proving one is an employee and not a contractor? Would this ...
2
votes
1answer
104 views
Can a contractor have scheduled work canclled for no reason?
I work as a contractor for a company. A (small) dispute arose over an invoice I submitted. Out of retaliation the company cancelled my scheduled shifts. Are they allowed to do that? This is in Canada. ...
0
votes
1answer
60 views
Do I have a claim for false promises by employer?
I am employed by the United States Postal Service. I interviewed for a promotion. Prior to accepting the promotion I negotiated a Salary increase of 10%. When the promotion was processed I only ...
1
vote
1answer
205 views
Is a 10 hour workday in Germany 9AM until 7PM or 9AM until 7:45PM?
From what I found in the google-translate of (what I believe is) the relevant Ministry of Justice page,
it seems that lunch and breaks count towards the maximum of 10 hours per day in Germany.
...
8
votes
1answer
977 views
Employer withholds last paycheck in Virginia
I signed my exit interview form that stated I gave back my property that I had from the company during my employ and that I was receiving my last paycheck. The employer only put the check number on my ...
3
votes
2answers
147 views
Volunteer Labor Union in New York State
In the state of New York, is it legal for a group of volunteers to form a labor union?
If not clearly legal, is there anything that prohibits a labor union of volunteers?
Clarifing edit
I am ...
2
votes
2answers
2k views
Could members of a minority use collective action to negotiate with racist employers?
Some employers are more frequently accused of committing unlawful discrimination. Since union membership can encompass multiple businesses and since union membership does not have to include every ...
2
votes
2answers
227 views
An employer is breaking multiple laws, but is doing so from another state. What venue do I sue in?
I am a citizen of a U.S. state that does banking through a religion-aligned credit union. I do this because my religious leaders have concerns about certain practices related to banking, and I bank ...
6
votes
3answers
901 views
How are employer pay statutes enforced against offending employers?
An employer recently made some strange demands as a part of a job offer. On advice from The Workplace Stack Exchange I'm going to look for work somewhere else, but I'm concerned the employer is ...
0
votes
1answer
88 views
What would happen if you can't pay because your credit card stopped working? [duplicate]
I'm interested in situations were you pay after you use or consume something (like eating at a restaurant or renting something). What would happen if your credit card stops working before you pay?
In ...
2
votes
1answer
161 views
Can an employee be effectivley fired by making their work really bad?
To my understanding
An employer is allowed to reduce an employees wage without reason
An employer can cancel or reschedule shifts without reason or send an employee home without pay
Canada is not ...
2
votes
0answers
56 views
Must employer pay extra for entire weekend of working on a holiday or just day?
I sometimes work Sundays. There is a holiday on Monday, it's Thanksgiving. Where I live we get paid extra for working a holiday. Should I get paid extra for working this Sunday? I'm guessing I know ...
9
votes
3answers
4k views
How can a company compel a W2 employee to sign a non-compete agreement?
Assume the company is in Delaware and been taken over by a larger corporation: If one already has the job, is it possible to for the larger corporation to compel existing employees to sign non-compete ...
1
vote
1answer
60 views
Independent contractor, feeling like an employee - Will California's AB5 change my classification?
I have been an independent contractor in California for a number of years with a business. Some of my tasks include graphic design, ad creation and management, search engine optimization, product ...
0
votes
0answers
98 views
Florida: salaried exempt, holiday pay?
I had a qiuck question related to how salary and benefits work for salaried exempt employees, specifically in the state of Florida (If that changes anything)
If an employee is salaried exempt, are ...
1
vote
1answer
140 views
Why does a mandatory lunch break not count as “waiting time?”
Spurred by this question and my own experience.
A previous employer of mine required non-exempt workers (like me) to take a 30 minute unpaid lunch break each day. Because the office location wasn't ...
-2
votes
4answers
200 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 ...
18
votes
1answer
5k views
Is it legal for a company to enter an agreement not to hire employees from another company?
Is it legal for ACME Corp to enter a reciprocal agreement with another company to not hire from their workforce. This seems like it may have ramifications for price fixing the labor market.
2
votes
1answer
44 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, ...
3
votes
1answer
3k 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 ...
2
votes
1answer
143 views
What is the minimum time an employer must give before cancelling work?
I do sporadic work for a company. I had a shift scheduled for over a month. I messaged my manager the day before asking if there's anything else I needed to know. She told me the shift was cancelled. ...
0
votes
1answer
30 views
Croatian labour and contract law
Two parts:
Is it legal under Croatian labour law to make an employee pay a fee for quitting their job?
If it can be shown that an unlawful clause has been included in a labour contract with malice (...
