Questions tagged [labor-law]
For questions about groups in the workforce. Consider [employment] for questions concerning individuals in the workplace.
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landscaper ate some exotic fruit from my orchard [closed]
Not for legal advice and any advice is strictly to clarify my thoughts...
Located in south NJ. I have a small orchard in my backyard.
I put a lot of hard work, time & amendments as I only plant ...
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Is it legal to give prospective employees an IQ test?
Is it legal to give prospective employees an IQ test?
Suppose that the job requires one to be intelligent and/or a quick learner.
(I'm primarily interested in the US, but I'm curious about other ...
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What (new) legal principles can guide the necessary changes in social-economic (tax, social, labour) law due to AI transformation of economy and work? [closed]
What (new) legal principles can guide the necessary changes in social-economic (tax, social, labour) law due to AI transformation of economy and work?
I would prefer research trends, authors and ...
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Does a company in Germany have to report to an employee on accumulated overtime?
A company has a time tracking system that just tracks billable hours for customers. Sick leave and public holidays are not automatically tracked or calculated for time tracking purposes. If an ...
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Could parents' LLCs be used as a loophole in US federal child labor laws?
I came across this link: US Department of Labor - Fair Labor Standards Act Advisor
It says:
The Fair Labor Standards Act (FLSA) sets 14 as the minimum age for most non-agricultural work. However, at ...
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What is a union? How is a union created? What are union restrictions? [closed]
In states within the United States (pick Arizona for example), what is a labor union? I'm not looking for the "organization that represents employees" answer. I'm looking for the legal ...
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Legal advice for problems with a coworker in healthcare which can risk professional licensing [closed]
I'm writing this in behalf of another person, let him be John.
John is a licensed (university degree) healthcare professional working in the UK. He is having problems with a co-worker, and these ...
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What are some of the legal consequences of hiring full-time employees as independent contractors?
I read on the Workplace SE people mention being full-time employees employed as independent contractors. What would be the legal consequences of doing so?
I'm under the impression that contract work ...
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Do you have to provide evidence you're non-union member if you're claiming wage theft?
Is an employer deducting union dues committing wage theft, if the employee is not a union member?
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If you report your employer for wage theft, do you have to provide evidence you hold no shares and therefore FLSA applies?
If you report your employer for wage theft, do you have to provide evidence you hold no shares and therefore FLSA applies?
How do you convince your manager to confirm you have no shares without making ...
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Which payroll tax and labor laws are relaxed when hiring a family member instead of a regular employee caregiver in California?
There is plenty of information already for an elderly dad hiring a caregiver as a household employee in California such as this check list for California tax and labor laws. And this check list is ...
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Do remote employees count for purposes of WARN Act in NY State?
I'm trying to figure out if I am covered under NY law for purposes of triggering the WARN Act (and potentially seeking damages with a class action). I was recently laid off, along with 50+ employees, ...
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What is the legal term for someone who performs work in return for money, regardless of whether the man or woman is an employee or contractor?
As you know, in the United States, contractors and employees are very different.
The contractors do work, but often do NOT receive any health insurance.
I was reading that the term principle is used ...
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Are "home-rule municipalities" required to abide by minimum wage laws?
In the state of Colorado, there are various small "home rule municipalities" which supposedly exercise a certain amount of self-governance.
In a home rule municipality, can an employer ...
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Does a company with a branch in Portugal need to recognize years of service from an employee who's worked elsewhere? [closed]
A company has branches in many countries, one of them being Portugal.
Some time ago, Jon relocated from the branch in Country A, to the Portuguese branch of the same company. Jon had to sign that he ...
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Is a worker either an employee or independent contractor? Or could they be something else?
Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
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Legally speaking who is the employer, is it whoever is paying the employee, telling them what to do, who owns the assets they use etc?
I had worked as an employee for an organization. I had signed standard paperwork before starting, including an employment agreement that had their name on it. I latter found out that the organization ...
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Clarification of unpaid breaks and OT
I'm reflecting on my experiences from many years ago, when I worked in a restaurant in California. A common shift would have me clock in at 11am, work until 640pm, then punch out for two consecutive ...
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Why are Hollywood studios permitted to collectively bargain with employees, and what are the limits of this apparent antitrust exemption?
Employers are generally not allowed to coordinate in any way which limits the normal competition for employees. Further, trade associations are not generally permitted to act in ways which would ...
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Do labor laws in the US forbid firing striking union members and hiring strikebreakers?
I'm particularly interested in the context of current WGA/SAG-AFTRA strike in the US, but this is a general question. If some business amid a union strike would terminate its agreement with a union, ...
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Is my employer allowed to make me work without pay?
As the title says: A coworker and I had recently made a mistake at work. In response to this, our manager decides we have to work for two extra hours on our next shifts unpaid. Is this legal?
I work ...
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Severance pay when getting terminated just after major change in scheduling
Normally the amount of severance pay is calculated based on the most recent past several weeks (8 in this example). What if there is an upcoming major change to the employees schedule right around the ...
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Terminating an independent contractor
If an independent contractor works for a company who assigns him shifts, can the company cancel the assigned shifts without warning or reason and effectively terminate the relationship? Assume there ...
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What 'specific legal meaning' does the word "strike" have?
Over on main meta, on the post containing a statement from Stack Overflow about the current moderator action, there was a brief edit war over the inclusion (or not) of the word "strike" in ...
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Worker was sent to a store he was fired from but wasn't allowed to complete his job. New employer fired him as result
This is a theoretical situation. A person had worked at a retail store. He was terminated without cause and with severance. A few years later the same person is working for a marketing company on a ...
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As an employee who is paid hourly, how much should be paid to pick up a common supply a any store anytime before shifts?
An employee works at a banquet hall or something similar. Often he is told to pick up ice from a store before work and bring it. He is reimbursed for the ice but not compensated for his time. ...
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Can a US employer cut an employee off from a tip pool?
The Department of Labor very clearly states that an employer may not take tip money for themselves from employees. But what if the employer cuts a specific employee off from the tip pool for ...
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In Illinois, can a company contact their employee's other company?
In the case where an Illinois resident holds two full-time jobs (e.g.remote jobs) without the knowledge of either company and Company A becomes aware of this. Surely, Company A will rightfully ...
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FMLA and Paid Leave
There is a law called FMLA or the Family Medical Leave Act. A friend of mine makes the
following two claims about it:
A person who has an unexpected medical problem (such as a stroke) can use this
...
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What are some jurisdictions where a "no-strike clause" is illegal?
This paper (PDF file) gives the following example of a typical no-strike clause in a collective bargaining agreement in the United States (the paper is from 1984, so I'm not sure to what extent it ...
user49572
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High School forced labor for grades?
I have a friend in a high school computer science course in Texas. This is a course required for graduation and is not a volunteer thing. Apparently, the teacher is having the students develop an ...
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Is a company obligated to pay out vacation time lost due to a use-it-or-lose-it vacation policy?
Let's assume an employer has a use-it-or-lose-it vacation policy that allows employees to carry over 40 hours of vacation time from one year to the next. An employee ends the year with 60 hours of ...
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Can a person with pending asylum work for foreign (outside of US) company?
Person who is applying for an asylum is not able to work in the US without an Employment Authorization Document (EAD). That person can apply for EAD 150 days after applying for asylum, and it will be ...
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Multiple remote or work from home contract jobs on H1B status in US
Mr.X is on H1B status with Company A. Company A pays Mr.X regular monthly salary, as standard H1B Employer/Employee relationship.
Mr.X actually works as a Contractor for an end client, let's say End ...
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How can employer and union agree to tax-free payments?
The German news reports that the employer and employee representatives have reached a new collective labour agreement covering metal and electricity industries. I was surprised by on aspect of the ...
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What Are The Obligations Of U.S. Employers As It Relates To Bargaining With Unions?
A hypothetical: Company A has 10 employees who work "at-will" making $100k/yr and 1 owner who keeps 100% of all net profits. The employees of Company A decide to Unionize. Exclude other ...
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Is "driving" a road vehicle fullfiling SAE J3016 level 3 considered working time according to ArbZG?
Is being on the driver's seat of a SAE J3016 level 3 road vehicle (i.e. a motor vehicle defined by a third-party standards agency as having "Conditional Driving Automation") considered ...
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Ontario Labour laws pertaining to late breaks
Ontario Labour laws state:
An employee must not work for more than five hours in a row without getting a 30-minute eating period (meal break) free from work. However, if the employer and employee ...
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4
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What is it called when you are forced to breach a contract?
I am a union construction worker. Under my agreement with the union, I agree to be sent where the union sees fit, and not quit. (I'm an apprentice.)
Having recently completed a job, the contractor ...
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Is it legal or child-labor for a private pre-school to ask preschoolers to wash dishes without compensation?
Is it legal for a private pre-school to ask preschoolers to take-turns to wash everyone's lunch dishes in the kitchen on behalf of all other students? It was a rotational. It was not singling out a ...
user46042
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1
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Must a law be broken for a court to hear the case?
An agreement between a union and association has expired. Though it had been renewed for many years an impasse has been reached and lockouts have happened. The union has taken the association to court ...
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Is it legal in Spain/Europe to retain an employee until a replacement is found?
When an employee sends his resignation letter, is it legal to retain that employee indefinitely until a replacement is found? Is it legal to claim damages if he leaves?
This is for Spanish law and ...
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Working for a company based in Paris remotely from Sri Lanka
I'm Sri Lankan, I live in Sri Lanka and I'm going to have a remote job in a Paris company(It'll end up my current job contract at next year July, which I bond to the Paris company by a Secondment ...
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can compensation disclosure to other employees be a basis for dismissal in quebec?
Can sharing or discussing you compensation with your colleagues be a reason for being fired or be a basis for any other decision by the employer?
I know there are rules in Ontario against this but I ...
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When can a lawyer choose what to work on? Must they think they have a chance at success?
I used to work for a very large company had it's own legal division. If the company wanted to sue someone but the lawyers didn't think they had a good chance to win, must the lawyers still work to ...
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Can company's code of conduct influence what employees are doing outside of working hours if it doesn't create a conflict of interest?
In many companies nowadays we can find the following paragraph in their code of conduct:
Employees must, however, avoid acquiring any business interest or participating in any other activity outside ...
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Asking for compensation for a broken job offer in CA
I have a family member who had a steady full-time office job in Los Angeles. He wanted a change of pace, so he reached out and got recruited by a well-known transportation company who offered him a ...
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Is it possible to receive no pay because all the money goes to union fees?
A bit of a follow up to Union fees were deducted but was never told there was a union
If someone works for an employer for a very short time (for example 1 or 2 hours) is it possible to receive a net ...
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Union fees were deducted but was never told there was a union
I ask this question just out of curiosity. Please advise if it's a better fit for workplace or some other site.
I was hired to work at a store. I quit after having worked 2 hours. Part of the reason I ...
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Vietnamese branch of international company with too few sick leave days
Suppose that a person A recently got a job in Vietnam from an international company based in Europe. FIt ism my understanding that the minimal sick leave days required in Vietnam is 30 days, but this ...
