Questions tagged [labor-law]
For questions about groups in the workforce. Consider [employment] for questions concerning individuals in the workplace.
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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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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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In California, is it legal to offer less to a senior developer than a non-senior developer?
I've read about the Fair Pay Act, but it is unclear to me whether 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 ...
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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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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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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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Is it allowed to work for two government agencies in Canada?
this is very unusual but I am asking anyway,
I know it is not illegal to have two employers (or more) in Canada, the question is about the two employers both being part of the federal government.
A ...
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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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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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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 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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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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Can Manitoba employers include a ban on duscussing or disclosing wages in their code of conduct?
A similar question has been asked about BC and ON, but I cannot find any information on this in Manitoba. I know that in Winnipeg, at least one Winners and Marshall's location has explicitly barred ...
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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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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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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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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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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 ...
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Can a 401k plan exclude Union members?
John Hancock manages our 401k at work, they have under eligibility,
Excluded employees: Union employees, Nonresident Aliens, and Leased Employees; 21 years of age and 3 consecutive months
My ...
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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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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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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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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 (the nanny, not our daughter). We're discussing what we should do when COVID finally wanes ...
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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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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 ...
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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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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 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. ...
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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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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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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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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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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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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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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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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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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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