Questions tagged [labor-law]

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

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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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12 votes
3 answers
3k views

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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1 answer
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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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1 vote
1 answer
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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 ...
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25 votes
3 answers
4k views

Can a 401k plan exclude Union members?

John Hancock manages our 401k at work, they have under eligability, Excluded employees: Union employees, Nonresident Aliens, and Leased Employees; 21 years of age and 3 consecutive months My ...
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1 answer
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Penalty for not giving sufficient notice of termination

Suppose someone in the United States has signed a contract promising to give his employer a certain amount of notice (say, one month) before terminating his employment. If the employee decides to ...
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43 votes
4 answers
9k views

In Germany, is it allowed for an employer to ask an employee to quit his job and threaten to find a critical error to end the contract immediately?

My employer threatened me verbally, saying that he/she will search and find a critical error, in order to end my employment contract immediately, if I don't end the employment relationship from my ...
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2 answers
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Can Alice accept tips after providing free, no-strings-attached labor or service without employment authorization?

Alice is an asylum seeker with her EAD pending renewal with 179 days of unauthorized work under her belt total. Bob is a recipient of the labor or service of Alice. Is she entitled to engage in labor ...
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0 votes
1 answer
56 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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1 vote
2 answers
63 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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2 votes
1 answer
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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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2 votes
1 answer
133 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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0 votes
0 answers
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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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1 vote
0 answers
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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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7 votes
2 answers
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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-2 votes
1 answer
108 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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0 votes
0 answers
66 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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1 answer
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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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-1 votes
1 answer
655 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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1 vote
1 answer
118 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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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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0 votes
1 answer
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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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1 vote
0 answers
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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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-1 votes
2 answers
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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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2 votes
1 answer
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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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1 vote
2 answers
173 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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9 votes
4 answers
398 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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4 votes
1 answer
95 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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2 votes
2 answers
286 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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1 vote
1 answer
60 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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0 votes
1 answer
53 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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1 vote
4 answers
112 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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3 votes
2 answers
107 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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0 votes
2 answers
764 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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1 vote
0 answers
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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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1 vote
1 answer
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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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2 votes
2 answers
305 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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1 vote
1 answer
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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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0 votes
2 answers
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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0 votes
0 answers
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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17 votes
4 answers
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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6 votes
1 answer
963 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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  • 161
1 vote
2 answers
210 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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0 votes
1 answer
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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0 votes
3 answers
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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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32 votes
9 answers
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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1 vote
1 answer
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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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2 votes
1 answer
146 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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0 votes
1 answer
106 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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