Questions tagged [labor-law]
For questions about groups in the workforce. Consider [employment] for questions concerning individuals in the workplace.
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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.
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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.
...
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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 ...
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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. ...
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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 ...
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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.
...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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