Questions tagged [labor-law]

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

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1answer
33 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 ...
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2answers
49 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 ...
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28 views

How does vacation pay affect severance pay?

To my understanding the relevant legislation is the https://www2.gov.bc.ca/gov/content/employment-business/employment-standards-advice/employment-standards/termination/quit-fired#getting-fired If I ...
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1answer
52 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 ...
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1answer
121 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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0answers
16 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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28 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 ...
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2answers
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. We're discussing what we should do when COVID finally wanes and we feel more comfortable ...
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1answer
91 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 ...
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0answers
62 views

Leaving Company without notifying anyone

What if the company is not paying me for the last two months, because of that I absconded(leaving the Company without notifying anyone) the company. So there is an issue I will face? I have another ...
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1answer
700 views

Is it legal for some employees to have to clock in and out and others not if they are in the same role?

I work in the same position and with same job description as other employees. We have to clock in and out at the start and end of our shifts. The clock in and out system is directly tied to our pay: ...
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1answer
225 views

Is it legal for a store to lock the door with customers inside?

In a retail store the manager has instructed employees to lock the door when the store has closed, even if customers are still inside. This is to prevent more customers from entering. Is locking the ...
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1answer
95 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
70 views

Can management tell employees not to: accept cash from a customer then pay with their personal credit card because store doesn't take cash?

This question arises from the answers given in Is it illegal for a store employee to do this with payment? and What power does an employer have over gratuities/tips? To recap, a retail store does not ...
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1answer
64 views

Can any company fire you for not getting a COVID-19 vaccine or it depends on the contract you've signed in the U.S.?

Can any company fire you for not getting a COVID-19 vaccine or it depends on the contract you've signed? If your contract doesn't specify anything except the yearly salary, does it allow your company ...
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0answers
21 views

can I sign an unlimited contract with a company in Vancouver, BC,and continue working remotely for a foreign firm as a contractor?

I'm an Indian national working in NZ as a contractor at the moment. I've been offered an "unlimited contract" by a Vancouver, BC, Canada based firm which I've signed. The work permit is on ...
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2answers
37 views

Protection in international law against employment termination following mass political strike?

The "High Follow-Up Committee for Arab Citizens of Israel" has called for a general strike today, a call which has been heeded widely - but almost entirely by Palestinian Israelis, and even ...
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1answer
102 views

Must employer do something about aggressive customers?

I work in a liquor store where often times I am the only employee. Today a customer acted aggressively and said he wanted me to come outside with him (presumably to fight). He was also swearing at me. ...
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2answers
150 views

What power does an employer have over gratuities/tips?

First, what is the difference between tips and a gift? Can an employer legally order employees not to accept either? Can an employer order an employee to share it? For example in restaurants many have ...
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4answers
384 views

Is it illegal for a store employee to do this with payment?

In a retail store the official policy is that cash is not accepted and payment must be made through payment card (e.g. credit card). Some employees started telling the customers who want to pay in ...
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1answer
88 views

Concerns with working as a Teenager

I am a 13 year old. I am wanting to work at my town's local book shop. I live in Washington, USA. I can't find any online documents regarding if I can or cannot work there. According to official D.O.L....
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2answers
205 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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1answer
53 views

Does probation period count actual days worked or days starting from job acceptance?

I had worked an on call job. There was zero guarantee of any work, but typically everyone got 2-4 shifts per week. I was terminated within probation according to management, but I was very close to ...
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1answer
46 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 ...
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4answers
106 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 ...
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2answers
102 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 ...
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2answers
335 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 ...
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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?
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1answer
96 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 ...
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2answers
224 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 ...
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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 ...
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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 ...
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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. ...
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3answers
5k 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 ...
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1answer
935 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 ...
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2answers
143 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 ...
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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 ...
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3answers
195 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 ...
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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 ...
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1answer
66 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 ...
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1answer
121 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. ...
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1answer
90 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, ...
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1answer
73 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 ...
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2answers
172 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 ...
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2answers
252 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? "...
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2answers
167 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 ...
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2answers
256 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 ...
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2answers
132 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.
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2answers
56 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. ...
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0answers
32 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. ...