74
votes
Accepted
Is it illegal to infringe copyright if your boss or your client ordered you to do it?
There are two parts to copyright liability: civil and criminal. TL;DR: both cases are criminal offences, and it is illegal to break the law even when you are paid to do it.
In the USA criminal ...
- 14k
42
votes
Accepted
Is my employer allowed to make me work without pay?
This is illegal, under the Fair Labor Standards Act, assuming you are not an "exempt" employee, which is primarily a salaried employee (your pay isn't based on how many hours you work). ...
- 217k
41
votes
Accepted
What are the limits of religious freedom in the workplace?
The EEOC web site has much information on this topic including summaries of close cases that have been decided in court.
To determine whether allowing or continuing to permit an employee to pray, ...
- 13.3k
38
votes
Accepted
What rights does an employee retain, if any, who does not consent to being monitored on a work IT system?
united-states
Given a workplace IT system which is necessary to complete one's job
duties, what rights, if any, do you retain as an employee to withhold
your consent?
Essentially none, unless you ...
- 239k
30
votes
Accepted
Is it illegal to voluntarily work longer than the law allows?
No, your employer has to actively stop you from this in germany
The Arbeitszeitgeseztz is very clear in regards to maximum permittable time per day: 8 hours of work time on at most 6 days a week (...
- 45.2k
28
votes
Is it illegal to infringe copyright if your boss or your client ordered you to do it?
I'm in the UK. I have been put in both these scenarios in times past. For the first I stood up to the boss and point-blank refused to do it, giving reasons. The atmosphere was tense for a couple of ...
- 389
25
votes
Are there potential legal considerations in the U.S. when two people work from the same home and use the same internet connection?
It is conceivable that A's employer would claim that the intellectual property was actually created by A in the course of their employment rather than B. That would be a question of fact for the ...
- 3,321
25
votes
What rights does an employee retain, if any, who does not consent to being monitored on a work IT system?
switzerland
Monitoring employees is generally prohibited.
An employer must not monitor employees to an extent not necessary by its duties. That means for instance that the employer cannot monitor the ...
- 7,855
19
votes
Accepted
In Ratatouille, did Linguini have a legally legitimate reason to fire Skinner?
It's been a while since I've seen the film (and what I remember of it is the ending), but if I recall, Skinner was conspiring to conceal evidence that the restaurant was legally Linguini's so that ...
- 23.2k
18
votes
Contract issue (Austria/EU Law) backdating start date of work
Given that they told me I would get back pay and I worked conditional on that information, am I entitled to it?
You are entitled to backpay in accordance with the terms you accepted from HR. The ...
- 45.5k
15
votes
Is a company liable for "potential" harms?
Not in tort
You have tagged your question tort. The other answers explain why there is no tort liability.
Case 1 is a breach of contract claim
Assuming that meeting minimum indoor air quality ...
- 226k
14
votes
Accepted
Would staggered layoffs circumvent the WARN Act's protection against mass layoffs?
Are there any protections against an employer circumventing the WARN
act by staggering layoffs over multiple days? For example, could an
employer lay off 200 people without notice by laying off 40 ...
- 239k
14
votes
Is it illegal to voluntarily work longer than the law allows?
This question can be answered for germany by looking into the Arbeitszeitgesetz. All the clauses mentioned in this answer represent clauses from this law.
Can Bob legally work 40hours in 2 days and ...
- 7,759
12
votes
Accepted
Could I apply for a job at Hooters with the intent of suing for a settlement when they don't hire me?
If Hooters could prove that you never intended to accept the job, that would establish that you did not suffer any damages. You might also be charged with having abused the process of the court, and ...
- 115k
10
votes
Is a company liable for "potential" harms?
You tagged your question "tort." A potential harm without actual harm is not actionable under tort law.
Quoting from an article "Negligence Without Harm" by Yehuda Adar and Ronen ...
- 2,442
9
votes
Accepted
Why the German "Agentur für Arbeit" would oficially support companys acting against German law?
What §670 BGB basically says is that the default is that companies have to reimburse you for expenses that you incurred for interviewing with them. If they don't want to reimburse you, they have to ...
- 10.2k
9
votes
Accepted
Can I ask a potential employee if they are colorblind?
If being able to distinguish colors is a bfoq - Bona Fide Occupational Qualification - then you may ask about it or test it and disqualify people from hiring based on the results.
In fact, a Jury ...
- 45.2k
8
votes
Accepted
Would it be by US law a discrimination to limit a job offer by IQ?
IQ level is not a protected class and so using it to discriminate between job applicants is not illegal per se.
However - in the U.S., studies have shown that self-identified blacks score around 15 ...
- 4,260
8
votes
Is employer responsible for tree damage to car parked in their lot (New Jersey, USA)?
Probably not
In order to establish negligence as a Cause of Action under the tort of negligence, a plaintiff must prove that the defendant:
had a duty to the plaintiff,
breached that duty by ...
- 226k
8
votes
Work time when unable to work due to power outage
If you were in the office, and ready to take instructions what to do from your manager, then you were legally working and need to be paid. There's plenty of things you can do in an office without ...
- 35.4k
7
votes
Accepted
Is it legal to deny a priest a job because he's atheist
united-states
Yes: It is legal to deny someone a job as a priest because he is an atheist.
Churches are allowed to discriminate in employment based upon religion. See, for example, the EEOC compliance ...
- 239k
7
votes
Could I apply for a job at Hooters with the intent of suing for a settlement when they don't hire me?
To file a lawsuit, you'd need to fulfill the proper BFOQ of the job offer that have been listed with the job offer. These can and will in some cases include gender or looks, especially in modeling. A ...
- 45.2k
7
votes
Allowable Discrimination For Jobs
Up to then I'd assumed that custom & practice processes like:
Your assumption is just plain wrong. Businesses are free to run their affairs in whatever way they deem best (within normal legal ...
- 1,323
7
votes
Is a company liable for "potential" harms?
Establishing an injury and damages from that injury is an element that must be proven to hold a company liable.
This is not purely a pro-company doctrine. The statute of limitations usually does not ...
- 239k
6
votes
Accepted
Meaning of the term causal nexus?
"Nexus" means "connection". A "causal nexus" in this context is a connection that causes harassment at work.
There isn't any bright line dividing behavior on personal term that does or does not meet ...
- 239k
6
votes
Accepted
Can I refuse to integrate google/Facebook trackers on a website?
You do have freedom of conscience but you do not have a blanket right to refuse work you were ordered to perform.
You have to perform work you were ordered to perform.
If you refuse, you can get an ...
- 24.1k
6
votes
Can an employee be sued for gross negligence by reusing personal passwords at work?
Firstly: that depends on the jurisdiction. It might not even be possible at all for employers to attempt to sue their own employees for damages caused by negligence.
Even terminating an employment ...
- 161
6
votes
Accepted
Working more than the yearly limit as a foreign student in Germany
The DAAD has published a summary of the legal constraints when working as a foreign student in Germany. While the document is only available in German, it is complete and rather authoritative. I ...
- 24.1k
6
votes
Allowable Discrimination For Jobs
Laws on such matters vary. Countries in South America, say, are likely to have different laws than the US will. Indeed Canada's employment laws differ significantly from those of the US. There are ...
- 115k
Only top scored, non community-wiki answers of a minimum length are eligible