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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
I am a resident of NY State and work on a military base. Is it legal to have only a bathroom faucet available? There is not a kitchen in this facility to access drinking water.
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answered on May 12, 2023
OSHA's sanitation standard, 29 CFR 1910.141, requires the provision of drinking water at workplaces. They do not specifically mandate the form in which that water is provided (they do not specifically require a water fountain). As long as the water provided is potable and sanitary, the... View More
I was an Art teacher in a senior center, which made me chase for students, so in my frustration I added names to my attendance list of people that wasn't taking the classes, that's it. They got angry and fired me, but this people are so crazy that I fear that they can charge me with... View More
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answered on Apr 4, 2023
I'm not sure I understand your question or what it is you are being accused of having done. You made a list of people that were not attending? Or did you add to an attendance list the names of people who did not attend to make it look like they did attend? Or are you being accused of... View More
My company recently had a mass layoff event. However, within my team, I was the only one affected. I’m also the only one on the team currently on maternity leave. When I asked why my job was getting cut and what would happen to my responsibilities, the answer was ‘we can’t say.’ I have long... View More
answered on Apr 1, 2023
Yes, it certainly sounds like it would be worth your while to speak with an attorney.
I am a physical therapist working in New York. Recently I was given a job offer from a potential new employer that is good enough for me to accept. However, I have a non-compete agreement with my old employer that I voluntarily left in July 2022. The agreement states that for a period of 2 years, I... View More
answered on Mar 29, 2023
In general non compete agreements may be enforced but if you can show it is unreasonable and unnecessary to protect the employer’s interests, you may be able to ignore it or defeat it if the former employer tries to enforce it. This is a question of contractual interpretation and an analysis of... View More
To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?
answered on Mar 22, 2023
Those standards are there to protect the public. Professional Engineers are usually well qualified to develop standards due to their experience in real world settings. At the same time, there are also other highly qualified technical professionals who are well suited to develop standards, without... 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.
I had an S corp in queens NY and there was a judgement against the company from the dept of labor for unemployment insurance during years the company was not in operation. The judgement is in the sum of $3700, can they come after me personally? Also there is another judgement against the company i... View More
answered on Mar 12, 2023
You definitely have personal liability for both judgments if they pursue you. I am not sure if the judgment is in your name or not. If not, there would need to be a new suit to make you responsible, but you would lose the suit.
My daughter was let go without a reason. Now her former boss is telling people that she was fired for racial slurs. So far, two stories have been said and neither are true. Is there anything we can do to stop this?
answered on Mar 10, 2023
If you can somehow prove that what he is saying isn't true you can sue him for libel. But proving that sort of thing is usually very difficult.
I was denied employment based on my criminal history by a temp agency. I was interviewed by the temp agencies client company and was told that I had gotten the job. The temp agency then screened me doing a drug test and background check. I disclosed on my background check my felony conviction that... View More
answered on Mar 10, 2023
In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the... View More
Does signing constitute an admission of guilt or does refusing to sign a write up create more of a mess?
answered on Mar 2, 2023
You need to consult with counsel; it’s not possible to responsibly answer your question without asking you more questions about the situation in a confidential setting.
My friend started a Job about 7 months ago and has missed a lot of time due to documented medical issues. He has been medically cleared to return to work but is having post op complications and is afraid he will be fired if he misses any more work.
Is it legal for an employer to fire... View More
answered on Mar 10, 2023
Your friend needs to consult with an employment and labor law practitioner. It is possible that he might be protected if his documented medical issues qualify as a "disability" under the American With Disabilities Act, the NYS Human Rights Law and/or the NYC Human Rights Law (if his... View More
What can I do regarding this?
answered on Mar 11, 2023
Depends on the contents of the severance agreement, what was specifically said in the social media comments and who they were shared with, and whether what they said was opinion or false facts. There could be a defamation claim here; depending on severance agreement, maybe breach of contract as... View More
If it's not, what do I do about it?
answered on Mar 11, 2023
While there are some exceptions, it is typically illegal for a company to not hire you in New York based solely on a positive drug test for THC. If that's what they did, and why they did it, and no exceptions apply, you can sue them.
Can I take legal action?
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answered on Feb 14, 2023
Hello, whether you can take legal action depends on more facts that need to be inquired about and on whether it is ultimately worth doing so. Your issues appear primarily related to an employment relationship, whereby it should not matter that it is a family business. If you were employed there you... View More
One person had hourly and my boss took it away. I got just 50% the hairstyle not including the hair, accessories, or products. I also ran the food market in the back which they said was illegal. And they never paid overtime. I also had to work open to close everyday because it was just me. I also... View More
answered on Feb 13, 2023
If you worked at this person's salon you were owed at least minimum wage, with "time and a half" for overtime for all hours worked after having already worked 40 hours per week. And if they didn't pay you, you're probably also owed liquidated damages equal to the... View More
I work in a weld shop, but the front office, so I don't weld. The entire male staff has the same dress code, and the women in the weld shop area have the same dress code, but the women in the front office have no such dress code. Is this an enforceable thing?
answered on Feb 7, 2023
Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... View More
Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... View More
answered on Feb 6, 2023
A corporate resolution authorizing signature on whatever needs to be signed.
When I own a business (e.g. bakery, coffeeshop etc.) am I LEGALLY allowed to deny service to people of a specific ethnicity (e.g. african-american), sexuality, gender etc. and/or deny them employment? I mean after all it is MY business and I can decide, whom I offer my service or who can enter my... View More
answered on Jan 4, 2023
No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.
Selling my cookie I invented in stores without paying me. They also didn’t let me name it and are asking customers online to compete in naming the cookie and winner gets creator rights on the cookie. I was basically thrown to the side after I made them a delicious cookie they liked and they... View More
answered on Jan 2, 2023
By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.
However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your... View More
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