Questions tagged [labor-law]

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

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16
votes
3answers
4k 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 ...
6
votes
1answer
790 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 ...
2
votes
1answer
3k views

Is labor law posting required for a home-based business?

Federal and State governments require businesses to post labor law notices where employees can see them. Failing to do so can result in fines. I run a small business - a single-member LLC - from my ...
1
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2answers
43 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 ...
0
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1answer
59 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 ...
0
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2answers
59 views

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 ...
6
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2answers
222 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 ...
29
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9answers
6k views

How will anyone know if an employer fires an employee for an illegal reason?

From wiki: 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 reason (that is, without having to establish &...
1
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1answer
59 views

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 ...
1
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2answers
99 views

What are realistic time limits on contemporaneous note taking?

In terms of contemporaneous, if an OHS Inspector is taking notes on an official investigation what is an acceptable time frame for s/he to adjust the notes to correct errors while at the scene i.e ...
2
votes
1answer
116 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. ...
0
votes
1answer
61 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, ...
0
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1answer
69 views

How to intepretate three paragraphs in my contract?

I am a seaman and I have a work contract undersigned by both sides. In mentioned contract I have a paragraph saying, that: The payslip and balance payment will be forwarded after evaluation of the ...
0
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0answers
22 views

Does failing to disclose the rate of mileage compensation violate DCAA compliance or any other labor laws?

I have an American company that does federal contracting which compensates employees a fixed rate based on how many miles they drive per day. They have an online portal in which their drivers enter ...
3
votes
2answers
151 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? "...
2
votes
1answer
136 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. ...
1
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2answers
109 views

Can an employer charge employee/contractor a processing fee for payment?

I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed ...
0
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0answers
18 views

When must an employer issue a Record of Employment in Canada?

I had worked for a company but my contract ended in January. I had since done other work but the industry has been shutdown by COVID-19. I applied for Employment Insurance (EI). Part of it requires ...
1
vote
2answers
118 views

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.
3
votes
1answer
2k 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 ...
2
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2answers
52 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. ...
1
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0answers
30 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
91 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
97 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
votes
1answer
59 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
195 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
votes
1answer
957 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 ...
3
votes
2answers
130 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 ...
6
votes
3answers
855 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 ...
2
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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
217 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 ...
0
votes
1answer
84 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
158 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
31 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
votes
0answers
53 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
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 ...
1
vote
1answer
60 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 ...
-2
votes
4answers
195 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 ...
0
votes
0answers
78 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
130 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 ...
2
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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 ...
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.
2
votes
1answer
37 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
votes
1answer
2k 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 ...
0
votes
1answer
30 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
votes
1answer
76 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
vote
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
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1answer
65 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
votes
1answer
81 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
120 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 ...