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Questions Answered by Christopher Marlborough
1 Answer | Asked in Employment Law for New York on
Q: I work at metro by T-Mobile and someone broke the store windows and my boss is blaming me and making me pay for them.

Someone vandalized the store which is the same person stalking me and harassing me and he found out where I worked and broke the store windows and I told my boss it might be him and he said I would have to pay for the damages when I wasn’t at fault at all I can’t control people.

Christopher Marlborough
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answered on Feb 13, 2024

The short answer is no, the employer cannot require you to pay the damage. In New York, there is a short list of deductions an employer may take from a worker's salary, like wage overpayment, taxes, etc. Needless to say, the list does not include property damage caused by your stalker. The... View More

1 Answer | Asked in Employment Law for New York on
Q: In New York State can an employer disclose your salary to potential buyers of company before sale finalized?

Company A disclosed my salary to Company B prior to any legal agreement of business sale.

Christopher Marlborough
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answered on Jan 4, 2024

Yes. The amount of your salary is not confidential. This information is commonly disclosed in connection with the sale of a business. When a business is up for sale, the buyer will want to know the financial condition of the business it is buying, including revenues and expenses. Due diligence is... View More

1 Answer | Asked in Employment Law for New York on
Q: Are employers required to have an appeals process in place for disciplinary actions taken towards an employee?
Christopher Marlborough
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answered on Sep 28, 2023

The short answer is no. There is no law in NY that requires an employer to have an internal appeals process for disciplinary actions. Employers should establish personnel policies and practices that cover key areas of hiring, employment, discipline and termination, but it is not required.

2 Answers | Asked in Employment Law for New York on
Q: I am a service technician I work 730 am to 430 pm when I work on a vehicle I get paid. If cleaning shop or helping

Another technician I don’t get paid. Is that legal?

Christopher Marlborough
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answered on Aug 8, 2023

Ilion,

Before answering your question definitively, you would need to provide more information. You should talk to a plaintiffs' employment lawyer. Many attorneys provide free consultations concerning wage issues.

Generally, if you are a non-exempt employee (which is probably...
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1 Answer | Asked in Employment Law and Tax Law for New York on
Q: What are my options if my employer switched me from a payroll employee to a 1099 but I still do the same work

I started working for this place half a year ago and I was being paid while on a payroll but then my payments Started coming in late and then my employer talked to me and want discussed on switching me to a 1099 and even thought I am 30 I have no clue into what all this means so I agreed but now... View More

Christopher Marlborough
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answered on Jul 31, 2023

Employers often misclassify workers as independent contractors in order to avoid compliance with labor laws, including minimum wage, and overtime laws. It is much cheaper for employers to classify their employees as independent contractors. When your employer changes your status from employee to... View More

1 Answer | Asked in Employment Law for New York on
Q: Is it illegal that my employer is purposely scheduling me 6 hour shifts on certain days so she doesn’t haveto givebreaks

I’m 19 and I work at a Byrne Dairy in NYS as a sales associate, on the 27th of may I was scheduled an 8am to 2pm shift, which is a 6 hour shift, so around the middle of my shift I asked my employer when I would be receiving my break, in return she told me I don’t get one because I’m only... View More

Christopher Marlborough
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answered on May 30, 2023

It is unfortunate that your employer will not voluntarily honor your request. Because you do not work more than six hours in a shift, your employer can require you to work the shift without a meal break.

Here is NY State DOL statement on the issue.

"Employers in New York...
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1 Answer | Asked in Employment Law for New York on
Q: Can an employer sue me for quitting without notice while not having a written employment contract?
Christopher Marlborough
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answered on Dec 8, 2022

Generally, no. Employees in New York State are presumed to be “at-will,” meaning that the employment relationship can be terminated at any time for any reason, by either the employee or the employer, unless there is a law or contractual agreement to the contrary.

2 Answers | Asked in Employment Law for New York on
Q: If an administrator tells you that you have no business teaching children of another race and have been denied promotion

I have been harrassed, menaced, and have been treated differently than others in my job.

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answered on Feb 13, 2024

The situation you describe sounds like a potential race discrimination case. If you are denied a promotion, or otherwise treated differently than other employees based on your race, you may have a claim under federal state and/or New York City law. You should talk to an employment discrimination... View More

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1 Answer | Asked in Employment Law for New York on
Q: Is it required my employer give me a break during my 6 hour shift? I work usually 8 hours most days NYS.

I work at Byrne dairy, I usually work 8 hour shifts but she gives me a 6 hour shift at least once a week so she “doesn’t have to give me a break” but I thought it was required that a 30 minute break be given to someone who works a 6 hour shift? I’m getting mixed answers.

Christopher Marlborough
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answered on May 30, 2023

The break is only required when a shift is more than six hours. Since your shift is exactly six hours, no break is required.

The applicable statute is NYLL 162(2).

1 Answer | Asked in Employment Law for New York on
Q: If I left early one day and I did not tell my boss. She said it was okay But now she is not trying to pay me…

Now she is not trying to pay me for the days I worked after leaving early. She is saying because I left early it is considered awol. & she does not have to pay me for the other days I have worked.

Christopher Marlborough
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answered on Mar 15, 2023

Your employer is required to pay you for all time you actually worked. If you are an hourly employee- they must pay you for all hours worked. If you are an exempt salaried employee, they must pay your salary.

1 Answer | Asked in Employment Law for New York on
Q: I started a job and quit after two shifts do they still have to pay me? the didn't send me paperwork until last night

I started Monday I worked Monday and Tuesday total of 16hours and they didn't send me my w-2 or paperwork until last night today I decided the job was too much on my body so I quit do they still have to pay me for the hours I put in even though I didn't get to fill out the paperwork?

Christopher Marlborough
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answered on Nov 2, 2022

You are entitled to be paid for all hours that you worked, even if you had not completed your paperwork when you performed the work.

2 Answers | Asked in Employment Law for New York on
Q: In NEW YORK, can my restaurant employer withhold my check and tips to pay for a window I accidentally cracked?

I accidentally crack said window while on the clock, moving chairs around.

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answered on Oct 3, 2022

Brian is correct. Section 193 of the New York Labor Law covers this issue. Breakage is a classic example of a deduction or charge that must be paid by the employer.

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1 Answer | Asked in Employment Law for New York on
Q: If I only work 6 hours a day why do I have to work 6.5 for a break?

I am a contracted employee, hired to work 6 hours a day. My assigned schedule is for 6.5 hours. The half-hour is for a break I don't care to take or need.

As stated in my contract: Teacher Aides - The length of the work day for teacher aides shall be as follows: for aides... View More

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answered on Oct 1, 2022

New York law requires employers to provide most employees a thirty-minute meal break when working more than six hours a day. See https://dol.ny.gov/day-rest-and-meal-periods. Since you state that you are working no more than six hours a day (and if you are not occasionally working over six hours a... View More

1 Answer | Asked in Employment Law for New York on
Q: What are the minimum hours an employer must provide in NYS
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answered on Sep 22, 2022

There are no minimum hour requirements.

Some employees can be paid premium pay when they are subject to scheduling changes on short notice.

New York State recognizes a right to "call-in pay," but only if the worker is required to report to work. Usually, restaurant or...
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1 Answer | Asked in Employment Law for New York on
Q: I am a 6 hour day contracted employee scheduled to work 6.5 for a break. Do I have to take that break?
Christopher Marlborough
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answered on Sep 15, 2022

Your question is not entirely clear. First, an employer can require you to take a break.

Second, the employer cannot knowingly permit you to work through a required break period without pay.

Third, New York State law (Labor Law Section 162) requires most employers to provide a...
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1 Answer | Asked in Employment Law on
Q: does my employ legally have to give me the hours im scheduled?

I haven’t worked for a full week as an hourly pay, part time employee and they sent me home early today even though there was work to be done it was just corporate telling them to cut hours but they did not give me 24 hour notice. they gave me 1 hour notice from when they wanted me to leave.

Christopher Marlborough
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answered on Sep 8, 2022

Your question depends on the law of the state in which you work. Federal law provides no protection for this issue.

Some states like New York, have a "Call-In Pay" requirement, which requires that workers be paid for several hours of work if they are sent home early. In NY,...
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