Questions tagged [labor-law]

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

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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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50 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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48 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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87 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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59 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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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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85 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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29 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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124 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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95 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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147 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. ...
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68 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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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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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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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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68 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 ...
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1answer
105 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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121 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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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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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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326 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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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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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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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 ...
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181 views

Employer failed to report my income or pay taxes. Do I have any rights to file a lawsuit?

An employer based in the state of Georgia (my residence is Ohio) hired me, paying me a monthly salary in addition to funds to purchase health insurance. When they did not feel I was an asset to them ...
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128 views

Child Labor in Entertainment

Why is the entertainment industry exempt from the Fair Labor Standards Act? I have no idea how to research this question. edit: I mean, I thought the constitution specifies that laws shall be equally ...
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Does SB-201 make all California graduate students employees, and thus covered under state labor code?

I read that the recent Senate Bill 201 essentially allows grad students to unionize. The bill states that graduate student researchers (GSR) are employees. Public schools are specifically mentioned. ...
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494 views

Software developer not getting paid for contract work

I'm in Canada, subcontracted for a company in the US. I have been working with them for 4 months. They refused to pay me for the last month I worked, giving a reason that my work is not up to their ...
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80 views

Is it legal for company make you use 8 hours of vacation and work for free for a small time period, each day?

I work for a contractor to the federal government in West Virginia. During a government shutdown, my company is making us use eight hours of vacation, per day, which is legal in the state of WV. ...
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126 views

Is it illegal for an employer to give a job applicant an unfair advantage in the selection process?

Diana was invited to pre-employment test for a job. But it appeared that that the content of test was the same as last year, and she knew that content because of her friend who passed the same test ...
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56 views

Termination of Employment before Joining date

I was offered a Job in Berlin by an Employer 2 months back. I signed the contract, offer letter. And with that I have received the Visa to Germany. And just before 14 days of the joining I receive a ...
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262 views

Employer took bond and blank dated cheque. Is this legal in India?

Suppose someone in India accepts a job with a software company, selected from on-campus placement. The company did not disclose the agreement to be signed before the first day of employment, when ...
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Does federal regulation actually require unions to represent non-dues paying employees?

Often when the media describe right to work fights, they say federal regulation mandates unions must negotiate for and give benefits to non-union employees. One example from the Huffington Post is as ...
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Is an employer legally required to allow an employee to work remotely if a precedent has been set?

I work in Washington D.C. for the government and travel 3 hours to and from work daily. Once I give birth, I don't want to go in everyday, maybe 1 or 2 times a week and work remotely the other days. ...
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39 views

Can different rates be charged for the same individual performing multiple labor categories?

I am performing work on a T&M basis for a municipal corporation (i.e. counties, cities, towns, port districts, water-sewer districts, school districts, metropolitan park districts, or such other ...
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Are you eligible for FMLA leave if the event occurred while you were not eligible?

Consider the scenario where you work for an FMLA eligible employer, and are not a key employee. During the time period you are not eligible for FMLA, your partner gives birth to a child. You become ...
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can you limit what an employer can disclose about you

I want to list a former employer in California that I resigned from as work experience on my resume but I will not include anyone from that company as a reference. I do not want anyone from that ...
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Is it legal to use services of a foreign recruiter in the US?

A number of job recruiters who call me seem to be calling over a bad connection and have a pretty thick accent. This, in itself, is not an indication that they are calling from abroad, but is there a ...
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162 views

When must a document be kept confidential?

I applied for a job and received an offer. The offer letter and employee contract state Please note that the details of your compensation are to remain strictly confidential. and Employee ...
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168 views

How long does employer have to pay after job is done?

I had worked 2 weeks for at an event through a temp staffing agency. The last day of work was April 2nd. A week latter I submitted my invoice. I still haven’t gotten paid. How long does an employer ...
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81 views

Indepdendent/Contractor vs Regular Employee

I was about to ask another question but think I should start at the basics. What exactly does it mean to be working as a contractor? Many jobs require you to sign some contract (e.g. non disclosure ...
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496 views

Should I return my signing bonus if I am fired from my job?

My offer letter states that "Should you leave within your first year, you will pay back the full amount." Does the term "Should you leave" mean, that I need to pay back I am fired or if I leave ...
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135 views

Can Employer Destroy Payroll Records of Current Employee?

The employer of one of my family members owes several thousand dollars in unpaid wages, which is documented in the employer's books. The family is considering legal action and they want to demand ...
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130 views

Can an employer request recertification for a spouses permanent disability?

My wife has a major medical health issue that there is no known cure for. I have been certified through my job for FMLA to take Intermittent Leave as needed for her health condition. Now every year ...
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38 views

Would labor laws prevent an RA from TAing?

At this question, there was a comment: Labor laws are likely to forbid having anyone teach for free, as are union contracts where applicable. The situation is that someone is contemplating going ...
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2answers
4k views

Do weekends count as vacational days?

Let's say I have 10 natural vacational days available and I'm going on vacation next week (Monday-Sunday). I always work from Monday to Friday; how many vacational days will I have left? Do weekends ...
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138 views

What citations of the Fair Labor Standards Act Federal Law made 4 million employees eligible for overtime?

I was reading a Pittsburgh Post Gazette article entitled "Time Change" in the "Businesses and Jobs" section of the newspaper from Sunday November 6, 2016. The article states that a federal law has ...
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Employee stopping me from entering my own building

What can I do if an employee or group of employees (like security guards), employed by me, stop me from entering my own building? They don't let me enter my own building. Lets say I own a company ...
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109 views

multiple non compete, which one is binding?

I currently work for a company that enforced a non-compete agreement at the start of employment and now would like to revise the duration of the non-compete. Otherwise the language of the non compete ...
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Where can I find the official Laws of Nigeria?

As not being an English native speaker, I have to write an academic report in my mother tongue but I can't find the official Laws of Nigeria because of the lack of my googling skill. Where can I find ...