Questions tagged [labor-law]

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

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suing in Mexico an American company based in Dallas Tx [closed]

I worked in Mexico or an American company based in Dallas Tx They hold part of my pay check about half of it they also made some of the employees go from Mexico to the USA and work without a work ...
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24 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. ...
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1answer
66 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 ...
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1answer
62 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. ...
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1answer
47 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 ...
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1answer
157 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. ...
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1answer
889 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 ...
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2answers
112 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 ...
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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 ...
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2answers
201 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 ...
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3answers
804 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 ...
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1answer
79 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 ...
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1answer
93 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 ...
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29 views

Texas labor law

Is this legal? I work from home in Texas, my employers home office is in NY. A supervisor recently sent this email: Company policy is that Overtime is paid at 1.5 times rate for time over 40 “...
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0answers
50 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 ...
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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 ...
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1answer
48 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 ...
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41 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 ...
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1answer
121 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 ...
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4answers
193 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 ...
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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.
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1answer
34 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, ...
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1answer
550 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
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1answer
90 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. ...
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1answer
27 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 (...
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1answer
72 views

Do companies violate California labour law by not giving uninterrupted 10 minute breaks for each 4 hours of interviews?

In the software engineering industry, it's very often that the final stage of the interview is an onsite in California, where you spend a minimum of 3.5h doing the interviews; expenses are normally ...
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1answer
74 views

Employer not paying the raise I agreed to when I accepted new position [closed]

I’m wondering if I have legal recourse here. I live and work in Cleveland OH. About 4 months ago I was offered a change in job role , considered a lateral move but was offered a raise to do so. I ...
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1answer
61 views

Looking for any case that connects an assault and the signing of arbitration agreements, possible duress

Heading off the obvious response; I have already tried multiple search engines. There is so much "noise" from unrelated cases that I can't find what I'm looking for with a simple web search. I'm ...
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1answer
74 views

Big Data - Analysis from the entire population - Disparate impact

I am reading Barocas, S., & Selbst, A. D. (2016). Big Data’s Disparate Impact. California Law Review. https://doi.org/10.2139/ssrn.2477899 Among other things, the article talks about the ...
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1answer
114 views

Can a remote sales person OWE their company money at the end of their employment due to inadequate sales numbers under the FLSA?

My wife and I are running into a bit of an issue. She currently works in the state of Nebraska as a leasing agent for apartment complexes. The way her company works is that she is paid as commission ...
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2answers
63 views

Which law regulates child labor for a teen that has dual citizenship?

A teen with dual citizenship (Taiwan and U.S.) is seeking to work during his summer vacation. He's 14 right now (8th grade), which allows him to work by U.S. FLSA, but he is prohibited to work by ...
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3answers
73 views

Default notice period in Germany

I work in Germany. I have a permanent job contract. Because of a mistake it doesn't contain a clause about the notice period in case I want to quit. What notice period is applied in this case? I'm a ...
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1answer
108 views

How do Florida's labor laws protect employees injured when asked to do something unreasonable?

A girl that works for a major retail chain, is left unable to lift her arm above her head after being asked to lift a 180lb box. When trying to perform this task her shoulder "popped". She has ...
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31 views

Invention assignment in case of live/work arrangement in California

Section 2870 of the California Labor Code protects an employee's ownership in personal inventions so long as these inventions are ... developed entirely on his or her own time without using the ...
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2answers
142 views

My attorney dropped me without reason

My attorney dropped me without notification via letter and then filed a withdraw for a worker's comp case. He claims it is irreconcilable differences but I barely talked to him about my case. Actually ...
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1answer
147 views

Claim for unpaid wages in NY

I was working as a Software Engineer (Contractor) employed by a contracting company "A" located in California but working for the client company "B" in New York state. The issue is that I didn't get ...
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3answers
232 views

False advertising in order to hire people

A corporation is in desperate need of extra help during the holiday season. So it tells employees that if they come to work on time every day, they'll get a weekly bonus of $200, beginning October 1. ...
2
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1answer
94 views

Do French labor laws allow for the firing of employees for scheduling disagreements?

I'm doing research on the effect of highly restrictive working conditions on poverty. More specifically, I'm investigating how a number of low-skill, shift-work jobs in the United States, like fast ...
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2answers
139 views

Are USA private sector employees entitled to federal holidays?

I was raised to believe that federal holidays are to some degree sacrosanct, namely, that even private employers can't compel employees to work on them (i.e., employees are technically protected ...
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2answers
107 views

Is it actually illegal to ask about things such as pregnancy/family status/etc in a job interview?

I often see articles saying questions are illegal to ask when interviewing a candidate. Something like this is a good example: Are you planning on becoming pregnant in the near future? Are you ...
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97 views

Dismissed before start date due financial history in background check

A month back I signed a contract with a company as a software developer, the company in question is a financial institution based in Sweden with a german office. Recently they finished their ...
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0answers
91 views

Is it legal in New York to deduct a full-day of PTO during a company-wide early dismissal?

I took a vacation this past week while my company held a picnic on Friday and dismissed everybody early at 3pm. I asked if I could have the two hours back (or get paid for them) since everybody else ...
2
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1answer
133 views

What happened to the anti-tipping laws?

There used to be many states, like Tennessee and Mississippi, that had anti-tipping laws. These laws made it illegal for restaurants, hotels and railways to allow their employees to accept tips and ...
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1answer
143 views

Why does the US FLSA have a separate classification for “Computer Employees”?

I've been reading a Fair Labor Standards Act fact sheet. I don't understand why "Computer Employees" are classified differently from Professional employees. What is the justification for that ...
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1answer
55 views

Non-ERISA Fiduciary Responsibility for New York State

I would like to know ERISA equivalent for a government organization in New York State https://www.asppa.org/Resources/Publications/Plan-Consultant-Online/PC-Mag-Article/ArticleID/5217
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1answer
148 views

In California is it legal to offer less to a senior developer than a non-senior developer

So I've read about the Fair Pay Act, which is unclear if it also covers people of the same sex. I know it is not legal for the company to prohibit salary discussion between employees. I am currently ...
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1answer
421 views

Does section 2870 of the California Labor Code apply if my employer has headquarters in California but I do not work there?

I do not live in California, but my employer does business, has headquarters, and is incorporated in California. Which state's laws apply to the employment agreement? In particular, does Section 2870 ...
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38 views

I am looking for the statutory basis for this section of a Department of Labor document

I cannot find these four tests anywhere in 26 USC Ch 23, or 20 CFR Ch V. I also cannot find an analog in state law (Virginia). I can find the other tests in other sections in the definitions in both ...
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2answers
107 views

Is it legal to ask someone their birthday in an interview?

I'm applying for a job where they want a lot of personal details from me. The HR rep specifically asked me for my birth date. I heard this is illegal, is it true? If relevant, the question was asked ...
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0answers
29 views

Do you need to get a work permit for a federal job in California?

I am a 17 year old who is currently thinking about getting a summer job in the federal government, or at least an internship with a possible stipend. In the child labor law, says that there is an ...