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My son has been working as a receptionist for a nursing home for about eight months and is classified as a 1099 independent contractor. He punches in and out using a time clock, is given a work schedule, and is told when to take breaks. His employment is per diem, and he does not receive any health... View More 
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answered on Mar 7, 2025
Misclassification of employees as independent contractors is a serious problem because it deprives workers of important employment rights and benefits like minimum wage, overtime pay, unemployment insurance, workers' compensation, and retirement plans.
An independent contractor... View More
I am seeking legal advice regarding ongoing issues at my security company. For the past two months, I've experienced several problems, including unpaid overtime, last-minute shift cancellations (often within 4 hours of the shift), and incidents where, after clocking in, I was informed that my... View More
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answered on Feb 18, 2025
I am sorry to hear about situation. You have a number of options, including filing a complaint with the NY State or Federal Department of Labor and consulting with an plaintiff's wage and hour attorney about a possible lawsuit. Many overtime attorneys will provide a free initial phone... View More
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answered on Jan 27, 2025
Yes and no. Both federal and New York State laws protect workers who file claims for harassment and discrimination from workplace retaliation including termination. However, it is not uncommon for employers to violate anti-retaliation laws. So there is still a chance that your employer would... View More
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.
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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
Company A disclosed my salary to Company B prior to any legal agreement of business sale.
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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
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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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.
Another technician I don’t get paid. Is that legal?
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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... View More
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
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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
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.
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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).
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
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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... View More
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.
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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.
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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.
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?
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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.
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.
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
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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... View More
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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... View More
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.
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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,... View More
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