Get free answers to your Employment Law legal questions from lawyers in your area.
I filed a report regarding my director and I wonder if HR or the director will retaliate against me, am I protected by law?
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answered on Nov 17, 2023
In New York, anti-retaliation laws typically protect employees who engage in protected activities, like reporting discrimination or other unlawful practices. However, if you are part of an "unprotected class," the legal protections may not be as clear-cut. Generally, these laws protect... View More 
This is what I found on NYS for Paid Sick Leave
https://www.ny.gov/new-york-paid-sick-leave/new-york-paid-sick-leave#amount-of-leave
RATE OF PAY
Employees must be paid their normal rate of pay for any paid leave time under this law, or the applicable minimum wage rate,... View More
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answered on Nov 17, 2023
Under New York's Paid Sick Leave law, commission-based employees at a non-profit organization should be paid their normal rate of pay for sick leave, or the applicable minimum wage rate, whichever is greater. Calculating the 'normal rate of pay' for commission-based employees can be... View More
recently a hospital has taken its IT staff and changed them to another organization. One team had to train staff in another country and once this was done, they were terminated once the training was completed and then on their terminations, it listed the reason as downsizing instead of outsourcing.
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answered on Nov 11, 2023
In New York, there are no specific laws that mandate how a company must list the reasons for termination on employment records, particularly in the context of outsourcing. However, there are laws that require employers to provide truthful information about the reasons for termination. If an... View More
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answered on Nov 8, 2023
Hello James, I am also James! Nice to meet you. I hope that you are having a great week.
Under the current immigration regulations, as an H-4 visa holder, you are eligible to apply for an Employment Authorization Document (EAD) if your H-1B spouse has an approved I-140 (Immigrant Petition... View More
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
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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
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?
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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
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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
The drug panel is aimed at searching for possible diversion of narcotics from medication room while at work.
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answered on Nov 4, 2023
Registered Nurses (RNs) in Nassau County, NY, can be terminated for testing positive for THC on a drug panel if their employer has a clear drug-free workplace policy that prohibits the use of marijuana, even if marijuana use is legal in the state for recreational or medicinal purposes. Healthcare... View More
My sister is a remote employee in NY and today she was given a final warning for a "no call no show". Her job automatically considers employees a no call no show if they are more than 15 minutes late without warning. She was just over the 15 minute mark by 2 minutes and explained she was... View More
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answered on Nov 4, 2023
In New York, employers are required by law to provide sick leave to employees. The specifics can vary depending on the size and location of the employer, but employees are typically entitled to use accrued sick leave for certain health-related absences without fear of retaliation. If your... View More
Nevermind will ask real lawyer
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answered on Nov 4, 2023
If your former employer claims there was an overpayment during your maternity leave, it's crucial to request a detailed explanation and calculation of the alleged overpayment. Review any related documentation and your contract terms regarding leave benefits. If there was indeed an overpayment,... View More
I cut my wrist because I don't know what to do
answered on Oct 19, 2023
Cutting yourself is never the answer. Please seek professional medical attention immediately. Call 911 for assistance.
Your life matters. Don't sacrifice it.
Jack
Passed over for promotion due to medical condition by nyc. Filed lawsuit. Offer of X amount. I thinks its low. Is it an actuary that I would hire to determine actual lost futures wages?
answered on Oct 31, 2023
This is something that employment law attorneys would know best, but your question remains open for two weeks. Until you're able to consult with an employment law attorney, from the general standpoint of expert witnesses, an actuary is often an insurance professional who deals with evaluating... View More
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
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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
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answered on Oct 16, 2023
If your job terminated you while on PFL in NY, you may have legal rights. Employers are prohibited from retaliating against employees for taking PFL. You can file a complaint with the NYSDOL or file a lawsuit against your employer for retaliation. For personalized legal advice tailored to your... View More
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?
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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
I work at an FEC with go karts bowling and arcade and I am an Assistant General Manager.
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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
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answered on Nov 4, 2023
Under New York labor laws, if you show up for your scheduled shift and are sent home, your employer may be required to pay you for at least a few hours of work. This is often referred to as "call-in pay" or "reporting pay." The specifics can vary based on your employment... View More
I have a class e felony conviction in the state of Ohio from 15 years ago. The judge ordered a restoration of all rights, and sealed/expunged my record after serving probation. I want to obtain my NYS Real Estate license, and it is an automatic disqualification if convicted of a felony, but do I... View More
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answered on Nov 4, 2023
When applying for a New York State Real Estate License, you are required to disclose all prior convictions, even if they have been sealed or expunged.
New York State does not recognize the expungement or sealing of convictions from other states in the same way. It's important to... View More
What motions can be filed a out judge not ruling in a motion in a timely fashion court matter
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answered on Nov 4, 2023
In New York, judges generally aim to comply with the 90-day rule, which states that they should issue a decision on a motion within 90 days of the motion being submitted for decision. If a judge fails to rule within this timeframe, parties may inquire about the status of the motion.
One... View More
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
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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
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