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Questions tagged [labor-law]

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

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67 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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0answers
21 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
109 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
79 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
125 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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1answer
60 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
82 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
101 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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0answers
90 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
65 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
99 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
114 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
33 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
145 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
284 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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0answers
36 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
89 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 ...
2
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1answer
175 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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2answers
117 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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0answers
18 views

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. ...
4
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2answers
482 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 ...
4
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1answer
77 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. ...
4
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1answer
116 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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0answers
49 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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0answers
232 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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1answer
893 views

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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1answer
67 views

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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1answer
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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0answers
17 views

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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2answers
75 views

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 ...
2
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2answers
73 views

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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3answers
154 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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1answer
157 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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1answer
70 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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1answer
437 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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1answer
129 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 ...
0
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1answer
118 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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1answer
36 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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1answer
126 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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4answers
2k views

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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2answers
103 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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1answer
50 views

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 ...
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2answers
82 views

Is employer required to honor an oral vacation approval?

Someone close to me, let's call her Jane, has a problem with an employer in Toronto (Ontario, Canada). Jane's elderly mother (let's call her Ingrid) is planning to visit Jane from overseas, with great ...
5
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1answer
249 views

Stuck at workplace for 24 hours, only gets paid for 13 hours

My mother is a USA citizen and a home care nurse. Her job requires her to personally visit designated family (by the company) and provide nursing assistance. As part of her job, she would get ...
2
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1answer
84 views

What are “system design specifications” as the California labor code refers to them?

In California employment law, there is a term called "system design specifications." Attorneys have told me to ask technical I.T. people what this means as there is no legal definition for it. An ...
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1answer
47 views

How can I classify and pay contributors in my open source project?

I am setting up an "open" source project. The source code is available for educational and personal use and modification but not for selling or redistribution. In this project, I expect that many ...
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1answer
546 views

Denial of salary certificate

I was part of a small software product company for 4 years. I reported directly to the owner and I was paid a percentage of the profits of the company and a minimum fixed pay of 8LPA. I was paid ...
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0answers
128 views

Are Glassdoor reviews considered protected concerted activity under the NLRA?

The National Labor Relations Board has recently upheld that posts on social media can be considered protected concerted activity. (Recent Cases, 34-CA-012576) A negative company review on Glassdoor ...