Questions tagged [labor-law]
For questions about groups in the workforce. Consider [employment] for questions concerning individuals in the workplace.
101
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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
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2answers
47 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
27 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
71 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
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1answer
66 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
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1answer
49 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
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1answer
173 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
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1answer
897 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
113 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 ...
2
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2answers
209 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
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3answers
817 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
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1answer
80 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
95 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 ...
0
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0answers
30 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 “...
2
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0answers
51 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
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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 ...
1
vote
1answer
49 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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0answers
55 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
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 ...
18
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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.
2
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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, ...
3
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1answer
740 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
105 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
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1answer
29 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 (...
0
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1answer
74 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 ...
1
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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 ...
0
votes
1answer
62 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 ...
0
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1answer
75 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 ...
3
votes
1answer
117 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 ...
2
votes
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
74 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 ...
2
votes
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 ...
0
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0answers
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 ...
0
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2answers
143 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 ...
0
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1answer
164 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 ...
0
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3answers
238 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
votes
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 ...
1
vote
2answers
144 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 ...
2
votes
2answers
109 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 ...
1
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0answers
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 ...
2
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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
140 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 ...
0
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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 ...
0
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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 ...
0
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1answer
461 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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2answers
114 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 ...
1
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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 ...
