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Questions Answered by Christopher Marlborough
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
Christopher Marlborough PRO label
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.

Christopher Marlborough
Christopher Marlborough PRO label
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... Read more »

Christopher Marlborough
Christopher Marlborough PRO label
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... Read more »

1 Answer | Asked in Employment Law for New York on
Q: What are the minimum hours an employer must provide in NYS
Christopher Marlborough
Christopher Marlborough PRO label
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
Christopher Marlborough PRO label
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
Christopher Marlborough PRO label
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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