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
1 vote
1 answer
82 views

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 ...
EDS's user avatar
  • 113
1 vote
2 answers
161 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.
OxOfay's user avatar
  • 13
1 vote
1 answer
119 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 ...
LePicklesMaker's user avatar
1 vote
1 answer
184 views

Indepdendent/Contractor vs Regular Employee

I was about to ask another question but think I should start at the basics. What exactly does it mean to be working as a contractor? Many jobs require you to sign some contract (e.g. non disclosure ...
TwoTwins's user avatar
  • 151
1 vote
2 answers
130 views

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 ...
StumpTheCheff2's user avatar
1 vote
2 answers
93 views

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 ...
User089723's user avatar
1 vote
2 answers
96 views

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 ...
Kashtben's user avatar
1 vote
2 answers
80 views

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 ...
grovkin's user avatar
  • 2,512
1 vote
1 answer
215 views

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 ...
user0306's user avatar
  • 1,621
1 vote
2 answers
347 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 ...
Geitonogamy's user avatar
1 vote
2 answers
191 views

Child Labor in Entertainment

Why is the entertainment industry exempt from the Fair Labor Standards Act? I have no idea how to research this question. edit: I mean, I thought the constitution specifies that laws shall be equally ...
Truth Reigns's user avatar
1 vote
1 answer
112 views

Is an employer legally required to allow an employee to work remotely if a precedent has been set?

I work in Washington D.C. for the government and travel 3 hours to and from work daily. Once I give birth, I don't want to go in everyday, maybe 1 or 2 times a week and work remotely the other days. ...
Leann's user avatar
  • 11
1 vote
1 answer
571 views

How long does employer have to pay after job is done?

I had worked 2 weeks for at an event through a temp staffing agency. The last day of work was April 2nd. A week latter I submitted my invoice. I still haven’t gotten paid. How long does an employer ...
namegoeshere's user avatar
1 vote
1 answer
69 views

Where can I find the official Laws of Nigeria?

As not being an English native speaker, I have to write an academic report in my mother tongue but I can't find the official Laws of Nigeria because of the lack of my googling skill. Where can I find ...
Purple Rain Kim's user avatar
1 vote
1 answer
136 views

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 ...
Bob Esty's user avatar
1 vote
1 answer
149 views

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 ...
ChocolateOverflow's user avatar
1 vote
1 answer
95 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 ...
user39743's user avatar
1 vote
1 answer
46 views

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 ...
Heathcliff's user avatar
1 vote
2 answers
355 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 ...
oneonetwothree's user avatar
1 vote
1 answer
76 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 ...
Vikash's user avatar
  • 11
1 vote
1 answer
180 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. ...
Geitonogamy's user avatar
1 vote
1 answer
84 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 ...
Tony R's user avatar
  • 11
1 vote
2 answers
168 views

Are USA private sector employees entitled to federal holidays?

I was raised to believe that federal holidays are to some degree sacrosanct, namely, that even private employers can't compel employees to work on them (i.e., employees are technically protected ...
user21182's user avatar
1 vote
1 answer
77 views

Can different rates be charged for the same individual performing multiple labor categories?

I am performing work on a T&M basis for a municipal corporation (i.e. counties, cities, towns, port districts, water-sewer districts, school districts, metropolitan park districts, or such other ...
user1032531's user avatar
1 vote
1 answer
247 views

Can an employer request recertification for a spouses permanent disability?

My wife has a major medical health issue that there is no known cure for. I have been certified through my job for FMLA to take Intermittent Leave as needed for her health condition. Now every year ...
randomblink's user avatar
1 vote
1 answer
130 views

How can I classify and pay contributors in my open source project?

I am setting up an "open" source project. The source code is available for educational and personal use and modification but not for selling or redistribution. In this project, I expect that many ...
Michael's user avatar
  • 133
1 vote
1 answer
114 views

Labor union for lawyers

Are there labor unions for lawyers? Not all lawyers are self-employed. Especially in the big offices there is a majority of employed, especially young lawyers. The conditions are quite hard here, ...
Stefan's user avatar
  • 131
1 vote
0 answers
39 views

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 ...
Asaprab's user avatar
  • 121
1 vote
0 answers
59 views

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 ...
bipbop1's user avatar
  • 407
1 vote
0 answers
27 views

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 ...
user2252999's user avatar
1 vote
2 answers
775 views

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 ...
minusvivid's user avatar
1 vote
0 answers
18 views

Are you eligible for FMLA leave if the event occurred while you were not eligible?

Consider the scenario where you work for an FMLA eligible employer, and are not a key employee. During the time period you are not eligible for FMLA, your partner gives birth to a child. You become ...
Marisa's user avatar
  • 113
1 vote
0 answers
297 views

If you get denied at MEPS, and serve in a military campaign, how do you get the EEOC to administer your benefits?

According to EEOC regulations you can't get discriminated for equal employment opportunities for employment, and some civilian agencies are the military equivalent, so with that said you can't be ...
person's user avatar
  • 193
1 vote
1 answer
163 views

Can you take unpaid FMLA leave after already taking a paid leave?

New York State (upstate, if it makes a difference) here. My son was born this past March (2015) and I took a paid two-week leave of absence. I work long hours and over the past 8 months I haven't had ...
Manny Rodriguez's user avatar
1 vote
2 answers
138 views

Is employer required to honor an oral vacation approval?

Someone close to me, let's call her Jane, has a problem with an employer in Toronto (Ontario, Canada). Jane's elderly mother (let's call her Ingrid) is planning to visit Jane from overseas, with great ...
Eugene's user avatar
  • 193
1 vote
1 answer
108 views

Labor law - Paid vacations

I currently work in Portugal, and in this country, every full-time employee has 22 paid vacation days by law. The labor laws on this country also state that, of those 22 days, at least 10 of them must ...
lalalalalala's user avatar
0 votes
2 answers
249 views

My attorney dropped me without reason

My attorney dropped me without notification via letter and then filed a withdraw for a worker's comp case. He claims it is irreconcilable differences but I barely talked to him about my case. Actually ...
Marc Miller's user avatar
0 votes
3 answers
58 views

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 ...
Izzy's user avatar
  • 101
0 votes
1 answer
129 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 ...
cnst's user avatar
  • 5,018
0 votes
1 answer
139 views

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 ...
bipbop1's user avatar
  • 407
0 votes
1 answer
333 views

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 ...
Mike Ounsworth's user avatar
0 votes
2 answers
117 views

Is a worker either an employee or independent contractor? Or could they be something else?

Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
StumpTheCheff2's user avatar
0 votes
1 answer
210 views

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 ...
minusvivid's user avatar
0 votes
1 answer
61 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 ...
Anthony's user avatar
  • 103
0 votes
2 answers
153 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, ...
Fred-T-800's user avatar
0 votes
1 answer
251 views

Can Employer Destroy Payroll Records of Current Employee?

The employer of one of my family members owes several thousand dollars in unpaid wages, which is documented in the employer's books. The family is considering legal action and they want to demand ...
MikeB's user avatar
  • 103
0 votes
1 answer
80 views

Would labor laws prevent an RA from TAing?

At this question, there was a comment: Labor laws are likely to forbid having anyone teach for free, as are union contracts where applicable. The situation is that someone is contemplating going ...
aparente001's user avatar
0 votes
1 answer
56 views

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 ...
Bob's user avatar
  • 1,165
0 votes
1 answer
47 views

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 ...
zippidy's user avatar
0 votes
1 answer
100 views

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 ...
Daniel Walker's user avatar