23
votes
Accepted
What are my options legally if NYC company is not paying salary?
What legal options do I have here?
It depends on how much you are owed. If it is less than $5000 (in a city court) you can sue them in small claims. If it is more than that, you'll have to sue them ...
13
votes
Accepted
In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?
are employers legally allowed to punish (e.g. fire, reprimand, etc.) an employee who shares wage/salary information with their colleagues?
No. Section 8 of the BC Labour Relations Code preserves for ...
13
votes
When can an employer dock one's pay in the UK?
The relevant legislation is the Employment Act 1996, but in plainer language ACAS describe that they can make deductions for the following reasons:
the employee's contract specifically allows the ...
12
votes
In British Columbia can an employer punish employees for sharing wage/salary information with colleagues?
australia
Wage information is confidential: but only on the employer
In Australia, an employer must keep the remuneration of their employees confidential (subject to legal disclosure requirements).
...
11
votes
Accepted
My company handed me a letter today telling me I owe them money because they overpaid me. Do I legally have to pay them?
Go to know that you live in Washington.
Per RCW 49.48.210, They must give you written notice with their evidence.
Per RCW 49.48.210, section 3, you can (and should) request a review of the employer ...
10
votes
What are my options legally if NYC company is not paying salary?
The New York Department of Labor will investigate claims of withheld wages and withheld wage supplements (i.e., bonuses). The latter is harder to prove, but even an oral promise is something that ...
8
votes
My company handed me a letter today telling me I owe them money because they overpaid me. Do I legally have to pay them?
From mhoran_psprep’s answer on Personal Finance & Money:
Ask for documentation proving the amount they say you were overpaid, and ask for time to review their claim.
If it is a large amount that ...
7
votes
Accepted
When can an employer dock one's pay in the UK?
The employee has to be paid for all hours worked, with a rather generous definition of "worked". Coming late to work would be a reason not to be paid. Doing a bad job isn't. Snoozing and ...
5
votes
Employer underpaid and overpaid me
There is probably no harm in trying to negotiate it with them by explaining the issue to them (ideally in writing with attachments to back it up). If no agreement can be reached, a lawyer might make ...
5
votes
Is it illegal to retaliate against employees for sharing salaries?
Certain kinds of pay secrecy measures are illegal under the National Labor Relations Act, a 1935 law. It's not the strongest prohibition, however, because the consequences of violating it are rather ...
4
votes
Accepted
If an employer overpays salary, how long do they have to take action to be rectify the mistake?
Normally the statute of limitations is five or six years (I think it's different between Scotland and the rest of the UK). The reason for the limitation is that if your employer asks for money back, ...
4
votes
Accepted
Salary gaps in public sector (not due to discremination)
In the first instance, employers generally set wages based on the job description: a janitor is paid a janitor's wage and a surgeon is paid a surgeon's even if the janitor is a qualified surgeon. The ...
3
votes
How hard is it to sue and win an employer wrongful termination or other suit
In Texas, as in most of the US, the law is "Employment at Will". This means that an employer is free to fire people at any time, for any reason, or none, as long as it is not for one of the few reason ...
3
votes
Possible for employees to get retention bonuses after being forced out of the company?
If you could successfully prove constructive dismissal (you probably could) then you have been terminated and would be entitled to the pro-rata bonus.
Of course, if the company is not in a financial ...
3
votes
The Gender Pay Gap and the Equality Act 2010 (UK)
The law is hard to enforce
Lets look at what the law prohibits - paying different rates of pay for the same work based on gender. Does that mean that two workers doing the same work must be paid the ...
3
votes
As a salary employee can my pay be deducted for the hours I don't work?
Not a lawyer.
Typically, your employer must pay you your week's pay for any week in which you perform work. An exception to this requirement may be that they can withhold pay for any day in which you ...
3
votes
Hired salary but paid hourly
The Company is performing wage theft
I have never heard of a wage method that pays a salary according to hours but doens't pay for hours over 40. Monthly Salary, by definition, is paid regardless of ...
3
votes
Accepted
May a UK academic employer ask the latest pay slip of my current Canadian job?
They can ask, but there is nothing in law - that I can find - which obligates an answer. (There may be some exceptions that require a previous employer to provide a reference which might include this ...
2
votes
Accepted
Does a contractual notice period apply to internal transfers?
This will depend in part on the industry you are in, the terms of the position that and the employment contract you have signed. You may have covenant or some other confidentiality clauses in your ...
2
votes
Requiring salary information and medical history before job interview
Certainly in Australia it would be legal to ask; it would also be legal to discriminate on this basis (i.e. it is not discrimination on a protected basis). However, it would be culturally ...
2
votes
Is it illegal to retaliate against employees for sharing salaries?
It's a fundamental component of the 1935 Labor Relations Act that employees may gather independently to discuss their workplace and their relationship with their employer.
Union organizing is ...
2
votes
Does failure to mention mean exemption in taxation
This isn't ambiguous at all.
Article 5, Section 3 means what it says, non-Filipino citizens are exempt to the extent provided. Everyone else (and all income not exempted by Article 5, Section 3 for ...
2
votes
Accepted
Can an prospective employer ask for information about your previous salary and base their offer on that?
Seeing as you haven't given any jurisdiction or any industry, I'll just answer with the common law answer: yes.
An employer is at liberty to ask for any information as long as they are not prevented ...
2
votes
Accepted
The Gender Pay Gap and the Equality Act 2010 (UK)
I dont want to bring this discussion to a political place.
But one of the explanations of why the gender pay gap exists even though wages are meant to be the same is that it doesnt account for work ...
2
votes
Employer underpaid and overpaid me
Assuming the amount in dispute is less than £10,000 then this would be handled by the Small Claims Track of the County Court. Lightweight, low cost, and no lawyers required.
You can certainly ask that ...
2
votes
Paying salary back after leaving the company
I assume you had what is called a Arbeitszeitkonto (work time accounting) - meaning you were allowed to vary the amount of time you worked each day, and your work time was recorded on a time sheet, ...
2
votes
Long haul truck driver was not paid for his job
It seems your friend can submit a Wage Complaint form to the Bureau of Labor Law Compliance and have some recourse under section 9.1 of the Wage Payment and Collection Law. If your friend is in the ...
2
votes
In the US, is it illegal to pay different employees different amounts for the same work?
You should be aware that the law may be a lot more complicated than just "No." There are lots of reasons why the pay differential may be illegal, depending on your circumstances.
For workplace rules ...
2
votes
Can I destroy intellectual property (code) if I don't get paid, India?
This is tricky, and I think you should ask a lawyer. The first question is who is the copyright holder. Usually if you get paid to write software for someone, they are the copyright holder. They didn’...
2
votes
Accepted
Legality of current salary question: which state's law applies
None, any or all
There are two related questions here:
Which court has jurisdiction? When a case is brought the first thing a court does is look at the facts and the relevant law (both the law ...
Only top scored, non community-wiki answers of a minimum length are eligible
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