Questions tagged [labor-law]

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

Filter by
Sorted by
Tagged with
31
votes
9answers
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 ...
18
votes
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.
16
votes
3answers
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 ...
14
votes
2answers
2k views

My company handed me a letter today telling me I owe them money because they overpaid me. Do I legally have to pay them?

I work an hourly job. I got a letter today telling me that they overpaid me and I owe them money. My job pays minimum wage and I'm not sure how they "overpaid" me, their computers pay me per second ...
9
votes
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 ...
9
votes
4answers
385 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 ...
8
votes
1answer
991 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 ...
8
votes
3answers
2k views

What jurisdiction do remote workers fall under?

There are many sites like elance.com or fiverr.com where you can contract out work online - often to foreign countries. Besides short-term or fixed price contracts, it's also possible to hire a remote ...
8
votes
1answer
2k views

Is my bond (employee contract) legal in India?

I live in India and I have signed a contract of one year with my employer. But now I want to leave my company. However when I sent my resignation email they told me to take legal actions on me. ...
8
votes
1answer
1k views

Do commission only employees need to be paid vacation pay?

Note: I'm making this company as if it were located in Ontario, Canada. So all the proper rules and regulations of that region would apply to this company. I'm currently using the software Quickbooks ...
7
votes
2answers
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 ...
7
votes
2answers
256 views

Is it legal to retaliate against an employee who answered falsely when asked an illegal question?

Oftentimes due to public policy considerations or for a multitude of other reasons employers can not ask particular questions during an interview or just in general in the workplace. Suppose that an ...
6
votes
1answer
937 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 ...
6
votes
1answer
348 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 ...
6
votes
2answers
680 views

How many felonies does Santa Claus commit?

According to legend, Santa Claus engages in certain behavior every Christmas eve. How many felonies does he commit? He sees you when you're sleeping ... Peeping Tom He knows when you're awake ... ...
6
votes
3answers
918 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 ...
5
votes
2answers
330 views

Is it legal to restrict employee restroom access?

I went to the toilet at least 4 time a day on my last job. However my boss would restrict access to the bathrooms after 4PM, saying that we could easily hold it until work ends at 5PM. Is that legal?...
5
votes
1answer
321 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
votes
2answers
1k views

Labor law: which state's law applies when firm has multiple locations?

I work at a firm in Massachusetts (USA) which was acquired in 2012 by a firm in Ohio. I came on board after the acquisition. Am I covered by Massachusetts labor law or Ohio? The particular ...
4
votes
1answer
88 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....
4
votes
2answers
254 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 ...
4
votes
2answers
638 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
votes
2answers
764 views

Overtime salary in Germany

I have a work agreement and there is a point: The gross monthly salary shall also discharge any extra work or overtime. What does it mean? Does it mean that I get extra pay for overtime or it means ...
4
votes
2answers
252 views

Can a contractor refuse to pay a subcontractor if he doesn't get paid?

Can a contractor refuse to pay a subcontractor until the contractor receives his payment from the company/client? Does it matter if it's in a written contract? Can the buck be passed like that? "...
4
votes
1answer
334 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 ...
4
votes
1answer
1k views

Mandatory participation in workplace holiday potluck

NOTE - this is strictly hypothetical and I am not asking for legal advice. In the case that I ever do need real legal advice I'll find a real lawyer and pay them for it. Suppose my employer decides ...
3
votes
1answer
4k 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 ...
3
votes
1answer
130 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 ...
3
votes
2answers
144 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 ...
3
votes
3answers
259 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 ...
3
votes
1answer
701 views

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: ...
3
votes
1answer
3k 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 ...
3
votes
1answer
216 views

Can an employer change its pension for existing employees?

Can an employer change the terms and conditions of benefits, vacation, or pension after an employee accepts an offer in which those are listed?
3
votes
2answers
160 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 ...
3
votes
1answer
2k 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 ...
3
votes
1answer
724 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 ...
3
votes
2answers
103 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 ...
2
votes
5answers
3k 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 ...
2
votes
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
votes
2answers
224 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 ...
2
votes
1answer
122 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. ...
2
votes
2answers
113 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
votes
1answer
121 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. ...
2
votes
1answer
165 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 ...
2
votes
1answer
811 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 ...
2
votes
2answers
207 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 ...
2
votes
1answer
103 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
votes
1answer
150 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 ...
2
votes
1answer
53 views

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 ...
2
votes
1answer
102 views

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. ...