Questions tagged [labor-law]

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

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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 ...
James Jenkins's user avatar
3 votes
1 answer
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 ...
lazarusL's user avatar
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3 votes
2 answers
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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 ...
Curious George's user avatar
3 votes
1 answer
780 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 ...
RBz's user avatar
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3 votes
1 answer
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 ...
user avatar
3 votes
0 answers
121 views

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 ...
cheezsteak's user avatar
3 votes
2 answers
139 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 ...
abc555's user avatar
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2 votes
5 answers
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 ...
Daahrien's user avatar
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2 votes
2 answers
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 ...
Regional Director's user avatar
2 votes
1 answer
259 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. ...
Mars's user avatar
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2 votes
1 answer
239 views

Why does the US FLSA have a separate classification for "Computer Employees"?

I've been reading a Fair Labor Standards Act fact sheet. I don't understand why "Computer Employees" are classified differently from Professional employees. What is the justification for that ...
Ethan Reesor's user avatar
2 votes
2 answers
440 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 ...
Bob Bryan's user avatar
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2 votes
2 answers
13k views

Do weekends count as vacational days?

Let's say I have 10 natural vacational days available and I'm going on vacation next week (Monday-Sunday). I always work from Monday to Friday; how many vacational days will I have left? Do weekends ...
sysfiend's user avatar
  • 145
2 votes
1 answer
179 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 ...
Platband's user avatar
2 votes
1 answer
902 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 ...
ajp's user avatar
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2 votes
1 answer
130 views

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 ...
bipbop1's user avatar
  • 407
2 votes
2 answers
718 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 ...
Christopher Pisz's user avatar
2 votes
1 answer
122 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 ...
Geitonogamy's user avatar
2 votes
1 answer
197 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 ...
TheEnvironmentalist's user avatar
2 votes
2 answers
148 views

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 ...
StumpTheCheff2's user avatar
2 votes
1 answer
131 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. ...
casablancaeggplant's user avatar
2 votes
2 answers
253 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 ...
Paul's user avatar
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2 votes
1 answer
54 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, ...
hopeful's user avatar
  • 21
2 votes
1 answer
175 views

How do Florida's labor laws protect employees injured when asked to do something unreasonable?

A girl that works for a major retail chain, is left unable to lift her arm above her head after being asked to lift a 180lb box. When trying to perform this task her shoulder "popped". She has ...
J.Todd's user avatar
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2 votes
1 answer
305 views

What happened to the anti-tipping laws?

There used to be many states, like Tennessee and Mississippi, that had anti-tipping laws. These laws made it illegal for restaurants, hotels and railways to allow their employees to accept tips and ...
Cicero's user avatar
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2 votes
1 answer
237 views

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 ...
Luke G's user avatar
  • 21
2 votes
2 answers
130 views

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 ...
StumpTheCheff2's user avatar
2 votes
2 answers
67 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. ...
Zyl's user avatar
  • 121
2 votes
2 answers
237 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 ...
Regional Director's user avatar
2 votes
1 answer
254 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 ...
jhch's user avatar
  • 347
2 votes
1 answer
342 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. ...
fetcheatable's user avatar
2 votes
2 answers
145 views

Is it legal to use services of a foreign recruiter in the US?

A number of job recruiters who call me seem to be calling over a bad connection and have a pretty thick accent. This, in itself, is not an indication that they are calling from abroad, but is there a ...
grovkin's user avatar
  • 2,512
2 votes
1 answer
97 views

What are "system design specifications" as the California labor code refers to them?

In California employment law, there is a term called "system design specifications." Attorneys have told me to ask technical I.T. people what this means as there is no legal definition for it. An ...
CuriousUser's user avatar
2 votes
1 answer
2k views

Visa requirements for foreign board members of US public companies

Does a foreign member of a US public company board of directors need a work visa in the USA? For example, if a large foreign company invested in a US public company and wanted board representation, ...
Dr Xorile's user avatar
  • 207
2 votes
0 answers
56 views

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 ...
Torsten Knodt's user avatar
2 votes
0 answers
36 views

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 ...
irrelevantUser's user avatar
2 votes
0 answers
121 views

Dismissed before start date due financial history in background check

A month back I signed a contract with a company as a software developer, the company in question is a financial institution based in Sweden with a german office. Recently they finished their ...
mr509's user avatar
  • 21
2 votes
0 answers
94 views

Is it legal in New York to deduct a full-day of PTO during a company-wide early dismissal?

I took a vacation this past week while my company held a picnic on Friday and dismissed everybody early at 3pm. I asked if I could have the two hours back (or get paid for them) since everybody else ...
audiFanatic's user avatar
2 votes
0 answers
746 views

Employer took bond and blank dated cheque. Is this legal in India?

Suppose someone in India accepts a job with a software company, selected from on-campus placement. The company did not disclose the agreement to be signed before the first day of employment, when ...
Swr7der's user avatar
  • 121
2 votes
0 answers
182 views

Are Glassdoor reviews considered protected concerted activity under the NLRA?

The National Labor Relations Board has recently upheld that posts on social media can be considered protected concerted activity. (Recent Cases, 34-CA-012576) A negative company review on Glassdoor ...
disappointed in SO leadership's user avatar
2 votes
0 answers
44 views

US work authorization laws for non-resident aliens

Say I was offered a job by a US corporation, but I would remotely from a different country. Do I need some sort of work authorization or documentation before can I commence work? Will I be required to ...
Dirichi D Ike-njoku's user avatar
2 votes
0 answers
276 views

i signed a bond on 20 rs stamp before joining [closed]

I am selected in one of the software companies, when i reached there to collect my offer letter, they told me to sign a bond on stamp paper(20 Rs). The bond conditions are: I will join company ...
user2736058's user avatar
2 votes
0 answers
133 views

In New York, how long does a 16-year-old have to get new working papers?

Say a worker is approaching his 16th birthday. Is there a grace period to get the required new working papers? If not, is it possible to get the new working papers while the person is still 15? How ...
Daniel M.'s user avatar
  • 121
1 vote
4 answers
369 views

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 ...
j0h's user avatar
  • 163
1 vote
4 answers
141 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 ...
d-b's user avatar
  • 411
1 vote
2 answers
182 views

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 ...
Esteb's user avatar
  • 111
1 vote
2 answers
125 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 ...
mixed decisions's user avatar
1 vote
2 answers
326 views

How do I report Child Labor Law violations in California?

I live in California and once a week I see a gardener mowing the neighbors' lawn. He may be here legally or illegally (as millions are) and that's a different issue. The issue is that he has a kid ...
OCResident's user avatar
1 vote
2 answers
92 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 ...
user7077252's user avatar
1 vote
2 answers
299 views

Is it legal to ask someone their birthday in an interview?

I'm applying for a job where they want a lot of personal details from me. The HR rep specifically asked me for my birth date. I heard this is illegal, is it true? If relevant, the question was asked ...
voltron123's user avatar