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New York Employment Law Questions & Answers
0 Answers | Asked in Employment Law for New York on
Q: Can Amazon make me work a mandatory shift when I signed up for a locked in shift.

Signed up for Amazon as a seasonal worker.They let us pick the days we want to work I chose Monday-Friday. Went to the pre-hire event and was reassured I’ll be working the shift I chose Mon-friday. I get hired show up on the first day orientation and they tell me I have a work a mandatory shift... Read more »

0 Answers | Asked in Employment Law, Education Law and Libel & Slander for New York on
Q: I was just fired from a job for racist comments that never happened. I'm 50 and never been fired. Is this legit?

I was working at at an elementary school through a temp agency. The school told the agency I made racial comments regarding elementary children. I got no meeting from the school to discuss it or from the temp agency. Just a voicemail and email at the end of my shift saying I was terminated. That... Read more »

1 Answer | Asked in Employment Law, Business Law and Construction Law for New York on
Q: Hello and thank-you for this service... I have a question about employment law... Does employer's liability insurance.

Hello and thank-you for this service... I have a question about employment law... Does employer's liability insurance cover injuries or incidents that might occur when employee's arrive at work before or after their scheduled work hours? I'm asking because there's a few... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2022

This is something you may want to sit down and discuss with your insurance broker. In terms of employer's coverage, if you mean insurance for workplace accidents, that would be your workers' comp policy. That covers injuries arising in the course of employment. You may also have a policy... Read more »

0 Answers | Asked in Employment Law for New York on
Q: Can a employer make me work Christmas Day If I’m also not scheduled on that day? I’m a part of a union

My handbook states only salaried workers are required to work those days I’m hourly, and it doesn’t state we have to work those days if not scheduled.

0 Answers | Asked in Employment Law for New York on
Q: Hi, I have a question on Employment Law question.

I worked for a Temp Agency for over 1 year and I accumulated sick days but never took any sick days while I was on an assignment. I no longer work for the Agency but they never paid me for my days. They say that I need to be on an Active Assignment and I said I was on an Active Assignment for... Read more »

3 Answers | Asked in Contracts and Employment Law for New York on
Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist

The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... Read more »

Michael David Siegel
Michael David Siegel
answered on Nov 7, 2022

Unless the contract addresses post termination issues, there is no deal for anything as the contract expired. Get an extension in writing.

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3 Answers | Asked in Contracts and Employment Law for New York on
Q: I a am contractor and the contract expired but business still pays me and I still provide service what obligations exist

The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... Read more »

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Nov 7, 2022

If the contract expired but you are still performing services, there maybe an argument that this is a contract agreed to by the conduct of the parties. The problem is that account to the Statute of Frauds can enforce the terms of this non-written agreement if you ask more than $500.

That...
Read more »

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0 Answers | Asked in Employment Law for New York on
Q: NYC Vaccine Mandate has been rescinded. Can I sue either my late place of employment for firing me or NYS?

I was let go in January 10 2022 for not being vaccinated. I've applied to unemployment since til this day and still haven't progressed any further.

1 Answer | Asked in Employment Law for New York on
Q: Does my employer have the right to listen to my conversations when he is away from the establishment. I live in ny state
Daniel Michael Luisi
Daniel Michael Luisi
answered on Nov 8, 2022

That depends. Under U.S. Supreme Court precedent you do have some expectation of privacy at your place of employment, though not to the same degree as in your home. You can also waive these rights to varying degrees if you agreed to any terms of service when logging in to your work computer system... Read more »

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.

1 Answer | Asked in Contracts and Employment Law for New York on
Q: I got fired for not being vaccinated. The Supreme Court rescinded the mandate. Official November 1st 2022. Can I sue?

There was a private business vaccine mandate on 27th December 2021. My company forced me to use my remaining sick, and vacation days. Then when they were all depleted. They fired me January 10th 2022. Today they announced that The Supreme Court rescinded the mandate effective November 1st, 2022.

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Oct 25, 2022

This seems to be the question about employment law. Whether the decision to fire you is legal depends on many aspects including, whether you had a contract in writing specifically saying you should be fired for cause.

1 Answer | Asked in Employment Law for New York on
Q: I was suspended and terminated without ANY investigation, plus a false police report was added;what can I do.
Tim Akpinar
Tim Akpinar
answered on Nov 6, 2022

I'm sorry your question went unnoticed under the Civil Rights and Constitutional Law headings for four weeks. One option is to repost under the Employment Law category. Some questions do go unanswered. If still no response, another option is to look into the cost of a brief consult with an... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New York on
Q: I have a swollen knee. I asked my boss if I can work from home and he said “he prefers me to come to the office”

Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.

Brian Greben
PREMIUM
Brian Greben
answered on Oct 6, 2022

You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to... Read more »

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.

Brian Greben
PREMIUM
Brian Greben
answered on Oct 3, 2022

The short answer is no, they cannot. If they dock your compensation to pay for the cracked window they are making an unlawful deduction.

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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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2 Answers | Asked in Immigration Law, Employment Law, Appeals / Appellate Law and Education Law for New York on
Q: Question about working and visa status

I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... Read more »

Moses Apsan
Moses Apsan
answered on Sep 21, 2022

If you are merely helping out without pay the I would not consider it employment.

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1 Answer | Asked in Employment Law for New York on
Q: If I speak out loud to myself and no direct a comment to someone at work is that harrassment
Brian Greben
PREMIUM
Brian Greben
answered on Sep 21, 2022

It probably depends on what you were saying.

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 Criminal Law, Employment Law, Personal Injury and Libel & Slander for New York on
Q: IIED

Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Sep 9, 2022

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... Read more »

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