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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Law for New York on
Q: Wage garnishment laws apply by the state the employee works in or the state the company is incorporated in?
James L. Arrasmith
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answered on Nov 4, 2023

Wage garnishment laws are generally applied based on the state where the employee works. If you are working in New York, New York State’s garnishment laws would typically be the ones that apply to your situation. This is true even if the company for which you work is incorporated in a different... View More

1 Answer | Asked in Employment Law for New York on
Q: I just started a new non-exempt salary job in NY. Can they wait a month to pay me? And am I entitled to a fixed wage?

And by that I mean, can they deduct from my salary at an hourly rate? And how then, would that be different from an hourly position?

James L. Arrasmith
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answered on Nov 4, 2023

In New York, the law requires that employers must pay manual workers on a weekly basis and clerical and other workers at least semi-monthly. Non-exempt employees, regardless of being salaried, are entitled to overtime for hours worked over 40 in a workweek. If your employer classifies you as a... View More

1 Answer | Asked in Employment Law for New York on
Q: am i legally allowed to do work when i am home using a sick day

I am being told that under FLSA, i am not allowed to do any work while using a sick day, even though i have done so for ten years. I understand that i cannot be compelled to but i always thought if i wanted to i could. Is this accurate? I work for NYC

James L. Arrasmith
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answered on Nov 4, 2023

Under the Fair Labor Standards Act (FLSA), there is no specific prohibition against working during a sick day; however, your employer's policies may dictate otherwise. If you're employed by New York City, you should refer to the NYC Paid Safe and Sick Leave Law, as well as any relevant... View More

2 Answers | Asked in Employment Law, Appeals / Appellate Law, Legal Malpractice and Sexual Harassment for New York on
Q: If you have already agreed to a settlement agreement on a NYS DHR case, How do you appeal? What is the process?

I would like the case reopened. I was under duress. Attorneys and Judge failed to inform me that I had time to amend. Settled for lesser amount.

Attorney was on vacation during the entire time we had to prepare for the case, she'd informed me that it was very unfortunate.... View More

James L. Arrasmith
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answered on Nov 4, 2023

If you've agreed to a settlement in a New York State Division of Human Rights (NYS DHR) case and wish to appeal, you should be aware that typically, a settlement agreement is final and binding once signed.

However, if you believe you were under duress or there were other improprieties...
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1 Answer | Asked in Employment Law for New York on
Q: I worked for Wendy's 10/05/2023 to 10/06/2023,$ 15.00 an hour I worked for total 13.12 hour and I resigned on 10/07/2023

I haven't gotten paid for the worked I did and I have the time sheet and called human resources department number and have the references number and I have bills to pay for myself

James L. Arrasmith
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answered on Oct 22, 2023

If you have worked and have not been compensated, you may have a valid wage claim under both federal and New York state labor laws. You should first document all communications with the company, including your timesheet and reference numbers. Then, consider sending a formal written demand for... View More

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Trafficking hotline says my case was referred to law enforcement and FBI but couldn’t give me any further information.

How do I know whom to contact- they said they referred to police and FBI.

James L. Arrasmith
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answered on Oct 22, 2023

If the trafficking hotline indicated that your case was referred to both local law enforcement and the FBI, you can start by contacting your local police department to inquire about any ongoing investigations related to your report. If they do not have information, you can reach out to the nearest... View More

1 Answer | Asked in Immigration Law and Employment Law for New York on
Q: Can I register and operate businesses with a G4 visa?

Hi All,

I’m currently in NYC with a G4 visa, employed by an international organization. I’ve spotted some business opportunities I’d like to pursue and have the green light from my organization’s Ethics Office. However, I’m unsure if my visa status allows for registering and... View More

James L. Arrasmith
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answered on Oct 22, 2023

A G4 visa allows you to reside in the U.S. due to your employment with an international organization. While the visa permits employment with the specific international organization, it does not generally authorize outside employment or business activities. However, there's a distinction... View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for New York on
Q: I am in NY and I smoke marijuana. Can my job hfire me for testing positive for marijuana. I work at an FEC.

I work at an FEC with go karts bowling and arcade and I am an Assistant General Manager.

T. Augustus Claus
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answered on Oct 10, 2023

In New York, as of the Marijuana Regulation and Taxation Act (MRTA) effective in 2021, employers generally cannot refuse to hire, terminate, or otherwise discriminate against someone solely on the basis of their lawful off-duty use of cannabis or due to a positive cannabis drug test. However,... View More

1 Answer | Asked in Employment Law and Civil Rights for New York on
Q: In NY can your job record audio or visual of you without consent

The company I work for recently installed cameras with audio and visual recordings. We have not signed any paperwork related to this. Is this legal?

T. Augustus Claus
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answered on Oct 10, 2023

In New York, it's illegal to record conversations unless at least one party to the conversation consents to the recording. This means that if you're part of the conversation, you can record it without getting permission from the other parties. However, when it comes to video surveillance... 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 Discrimination and Employment Law for New York on
Q: My employer is sending me a termination letter while I am on FMLA / NYPFL for my newly born child. What do I do?

I would like to know my rights since FMLA should have job protection and what steps to take

T. Augustus Claus
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answered on Sep 18, 2023

If you receive a termination letter while on FMLA (Family and Medical Leave Act) or NYPFL (New York Paid Family Leave) for the birth of your child in New York, it's crucial to understand your rights and take appropriate steps. Begin by reviewing your eligibility for FMLA and NYPFL to ensure... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: My employer is sending me a termination letter while I am on FMLA / NYPFL for my newly born child. What do I do?

I would like to know my rights since FMLA should have job protection and what steps to take

Eva Zelson
Eva Zelson
answered on Sep 26, 2023

While FMLA is intended to provide job protections for those using it to take care of a newborn or other family member with a serious medical condition, it does not completely guarantee that you will have a job to return to. While you cannot be terminated because of your use of FMLA leave, you may... View More

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1 Answer | Asked in Employment Law for New York on
Q: My boss is holding me accountable for my organizational skills (I manage over 100 people at a non profit). I have ADHD

and was legally disabled for several years. My organizational skills are not as good as hers but adequate to the position based on my performance. Given that I have an illness and was disabled, can I get an accommodation or other legal protection? She denied me thousands of dollars in bonus money... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

Yes, you can request reasonable accommodations based on your disability to meet her expectations for organizational skills. Many employees with ADHD get noise cancelling headphones or other aids to help reduce the impact of their disability on their work productivity.

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Should I inform DSO I have an asylum pending case while I'm holding F-1 Visa? How does this may affect my Visa?

My graduation is in August 2024. Meanwhile, I am actively looking for a job. I came to the career center at my school and they asked me to apply either for CPT or OPT. Should I just tell them I already have an EAD from the asylum? Or Is this a bad idea? Would they withdraw my I-20? I am a dependent... View More

James L. Arrasmith
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answered on Sep 3, 2023

Informing your Designated School Official (DSO) about your pending asylum case and EAD could potentially put your F-1 status at risk, as F-1 is a non-immigrant intent visa and applying for asylum may show immigrant intent. Your DSO may choose to terminate your I-20 if they believe that you have... View More

4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Michael David Siegel
Michael David Siegel
answered on Aug 15, 2023

File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage... View More

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 15, 2023

Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Timothy Denison
Timothy Denison
answered on Aug 15, 2023

They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

James L. Arrasmith
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answered on Sep 8, 2023

I'm sorry to hear about the challenging situation you and your fellow interns are experiencing. In a bankruptcy case, wages owed to employees are often treated as priority unsecured debts, which means they are among the first debts to be paid, albeit potentially only partially, from the... View More

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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Harassment and defamation from my job and they fired me today and I notified human resources department today as well

I need help

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

I'm sorry about your ordeal. I can only speak for the defamation aspect of your post. An employment law or civil rights attorney could advise about elements related to your harassment and termination. If you suffered defamation (slander - verbal form, or libel - written form), you could... View More

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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Harassment and defamation from my job and they fired me today and I notified human resources department today as well

I need help

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 15, 2023

You can find many excellent attorneys who handle defamation and employment sexual harassment / discrimination cases on the JUSTIA homepage. Keep in mind that statements made in the context of your employment, even if untruthful, are generally privileged in the eyes of the law and not deemed... View More

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