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Employment Law Questions & Answers
2 Answers | Asked in Employment Law and Business Law for New York on
Q: I have a small cleaning business in NY and I want to send people out to clean.

At this point, I don't have a large clientele, so I would like to take on people as I get the jobs, like gigs. It seems like the best way to go would be to take them on as independent contractors instead of employees until I have more steady work for them. How would I go about this and what... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 17, 2022

They will be your part-time or as needed employees. You will need to insure them as such and withhold taxes for them and comply with all DOL laws.

If they were independent they would have their own cleaning businesses, would advertise, would have their own business websites or bank accounts...
Read more »

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2 Answers | Asked in Employment Law for New Jersey on
Q: My employer is requiring everyone gets vaccinated against COVID but I recently heard SCOTUS denied President Biden's

Vaccine mandate. Based on this, can my employer still require my vaccination or weekly testing,?

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 16, 2022

Yes. Employers in NJ are allowed to require employees to get vaccinated as a condition of employment regardless of how the Supreme Court ruled in the OSHA case. They are required to make exceptions for those who can't get vaccinated for medical or religious reasons. Many health care employers... Read more »

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1 Answer | Asked in Employment Law for Maryland on
Q: Question regarding Maryland Sick and Safe act

Q: I reside in Pennsylvania but work in Maryland. I need clarification on Maryland Sick and Safe Leave

Roughly a year ago I started a non contract position at a firm located in Maryland.

Our firm employees roughly 32 people

Recently I hade to take time off for surgery.... Read more »

Mark Oakley
Mark Oakley answered on Jan 16, 2022

It depends on the number of employees. Read the details of the Act here:

https://www.dllr.state.md.us/paidleave/paidleaveposter.shtml

1 Answer | Asked in Employment Law for Ohio on
Q: Can an employer charge you for quitting?

They said we’re required to give 30 days notice and if we don’t, they’ll charge us $500.

Rebecca Hill
Rebecca Hill answered on Jan 14, 2022

There is not enough information here to fully answer your question. Do you have an employment contract that requires you to provide your employer with 30-days notice before ending your employment? Are you paid on an hourly basis? If you are an hourly employee and not a properly classified exempt... Read more »

1 Answer | Asked in Employment Law and Identity Theft for Pennsylvania on
Q: Is it legal for my local council members to be able to monitor everything I search/do on my computer as an employee?

I work in Monessen, PA

Peter N. Munsing
Peter N. Munsing answered on Jan 13, 2022

If it's the employer's computer they have a right of access. If you use it for personal things that is your risk. They can take the computer tomorrow, it's theirs. They can access the information any way they wish. It's theirs.

1 Answer | Asked in Employment Law for California on
Q: Hi. i used to work for a recent employer in june-july and i havent been paid still. Is there anything i can do?

I was fired in covid leave without being tested. I've contacted them for months and still have texts and screenshots of proof I was informed i had to already wait months because my check went to corporate.

Maya L. Serkova
Maya L. Serkova answered on Jan 13, 2022

Your former employer had a duty to have your final paycheck available for you at the normal place of business on the day you were terminated. A willful failure to timely pay your final paycheck can result in you receiving Waiting Time Penalties equal to one day of pay for each day you are made to... Read more »

2 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Lisa I. Fried-Grodin
Lisa I. Fried-Grodin answered on Jan 17, 2022

I don't ever file a dismissal of an employment law claim brought by my client before the settlement is paid. The settlement agreement should have language discussing a procedure for you agreeing to withdraw within a certain amount of time after getting paid. If you did not have a lawyer when... Read more »

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2 Answers | Asked in Civil Rights, Contracts and Employment Law for New York on
Q: Settled a breach of employment contract. no payment till after I dismiss. Should i trust that? Shouldn’t i be paid firs?

I was due a 10k sign on bonus after a year of working with this company. They agreed to pay it but never did so I quit, they then used that as a excuse to not pay me. Now we’ve settled the lawsuit out of court & they want me to dismiss first then they would pay me. Shouldn’t I get paid... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 13, 2022

Typically it would be the way you say. Depends on what the dismissal would say.

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1 Answer | Asked in Employment Law for Arkansas on
Q: I was getting my paid check and noticed I was paid for 1 hr I worked 5 hrs I know I did even my mom knew is it legal?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 12, 2022

You must be paid for all hours you worked, so you should bring this up to your employer and explain the discrepancy. Moving forward, you should independently track the hours you work so you have your own record of your start and end times.

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Georgia on
Q: Can my employer legally pay vaccinated workers to quarantine and not pay unvaccinated?

They are requiring unvaccinated employees to use vacation / PTO & paying vaccinated employees without having to use their PTO / Vacation time. Keep in mind that the quarantine rules are the same regardless of vaccination status, 5 days for exposure and 10 days for a positive Covid test.

Rhiannon Herbert
Rhiannon Herbert answered on Jan 12, 2022

Wage and hour laws only require your employer to pay you for time that you are working. Since employers are not required to offer pay for non-work hours, the above policy, while unfair, is permissible.

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Does this constitute breach of contract therefore needing to pay the penalty for resigning against her will?

My RN wife was escorted out of the facility shes working at by the Director of Nursing because she refused to do something she was not trained at. With this, she felt harrased. But when she brought this up with HR, no action was done therefore, harassment of the Director of Nursing went on. She... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 12, 2022

Far more would need to be known about this situation before anyone could give solid advice. Generally the law does not protect employees against bullying, harassment or high pressure tactics to get someone to quit. Unless it can be established that the conduct was motivated by her membership in a... Read more »

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1 Answer | Asked in Contracts and Employment Law for Connecticut on
Q: Do I have to give required notice prior to leaving during contract transition period?

My hospital contracted our physician group to a physician provider company. As a result, I was entered into a contract with this company but soon after hospital decided not to move forward with the company. Administration informed they are in the process of transitioning the contracts back to the... Read more »

Carrie Dyer
Carrie Dyer answered on Jan 11, 2022

Not enough information is provided to answer your question. You should contact an employment attorney in your area to review your original contract with the hospital, as well as the new contract you signed with the physician provider company. The language of the contracts will dictate what your... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for Indiana on
Q: I believe my participation in the Family Medical Leave Act has affected my job in the areas of wages &shifts. Options?
Carrie Dyer
Carrie Dyer answered on Jan 11, 2022

You should consult with an employment attorney in your area to discuss your situation. The FMLA prohibits your employer from interfering with your rights under the FMLA (such as job restoration after a qualifying leave) or from retaliating against you after you return from FMLA leave. The... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: My boss has been withholding my pay and refusing to let me work because I have not gotten a cdl permit

My salary contract does not state I am required to have a cdl permit

Neil Pedersen
Neil Pedersen answered on Jan 10, 2022

My answer is going to assume you are an employee and not an independent contractor.

Your employer is acting unlawfully by withholding any earned pay for any reason at all. You are to be paid for the time you worked. However there is nothing unlawful about the employer refusing to allow...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Arkansas on
Q: I got paid only 1 hr when I know I worked 5 I was suppose to get 50 dollars

I talked to my mon she agrees and a customer even said I was here a while

Chris W. Burks
Chris W. Burks answered on Jan 10, 2022

Thanks and you could have a potential minimum wage violation, depending on the particular situation you are in. You should speak to an attorney or the Department of Labor

1 Answer | Asked in Employment Law for California on
Q: Do I have a HR issue or what do I do? How do I approach this

I recently became sick which I have a note for, my boss now removed me from the schedule and says she will contact me when a shift becomes available. Is this right or wrong? Please help me. I’m so confused

Neil Pedersen
Neil Pedersen answered on Jan 9, 2022

The answer to your question depends on facts that are not included in your post.

If the reason you have been removed from the schedule is unrelated to your taking medical leave, there is no unlawful conduct.

If you do not have any California paid sick leave accrued or available, and...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Fired for being sent home due to a covid exposure at work

My younger brother worked for a certain large blue retail company in California. He called in to work to see if he worked and was told by his supervisors that his coworker was covid positive. They told him to stay home, quarantine, and take a covid test. He did just that. He stayed home,... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 8, 2022

Far more would need to be known about the situation. Being terminated after returning from leave could be unlawful, but it could also be lawful, depending on the circumstances. Your brother is going to have to locate and consult with an experienced employment law attorney as soon as possible to... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If I accepted a work from home position can the employer now force me to work at a location?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2022

Yes. Employment is at will. If your employer no longer wants you to work at home, you either take it or leave it.

2 Answers | Asked in Employment Law for California on
Q: Is an employer allowed to ghost a seasonal employee?

I was hired as a seasonal driver at UPS. During my employment they started charging me union fees stating that they would be employing me full time. After Christmas they have not been returning my calls or messages. They haven't even told me that I am done working for them or that there is no... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 7, 2022

Yes, if you have been paid all wages earned, the employer has no duty to speak with you or otherwise transact any business with you. Certainly it is unprofessional and rude, but the law does not legislate professionalism.

Good luck to you.

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1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Would being terminated for Job Abandonment disqualify me from possible unemployment income?

I had made an accommodation request of my employers to relocate from IL to FL on account of my health being impacted by the environment in IL as well as my spouse relocating. Despite sending several emails making a plea to my director, manager and HR to the fact that I will be without a home if I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 7, 2022

As far as I know, job abandonment is a valid reason for termination and denial of employment benefits in Florida and most other states. But to be sure you need to ask a lawyer in Illinois whether that is the law in Illinois.

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