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answered on Nov 9, 2023
The reference to "12 UFC 531" seems to be incorrect or a typographical error. In the context of U.S. law, "UFC" typically does not pertain to legal statutes. It's possible you're referring to a section of the U.S. Code (U.S.C.), which is a compilation of federal... View More 
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answered on Nov 2, 2023
If you have been ignoring a false wage garnishment for some time now, it is important to take action immediately. The longer you wait, the more difficult it may be to resolve the issue.
Contact the creditor who is trying to garnish your wages. Let them know that the garnishment is false and... View More
I was placed on unpaid leave in 2020 for not complying with a mask mandate, I was forced to resign and find a new job. I am looking to see if I have any standing for a case.
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answered on Oct 11, 2023
In New Jersey, employers have the authority to enforce workplace safety measures, including mask mandates, especially during the COVID-19 pandemic to ensure a safe working environment. If you didn't comply with the mandate, the employer might have been within their rights to place you on... View More
My boss fired me for no reason other than "we're moving in another direction." This action was discriminatory, as other employees were accused and reprimanded for not completing job responsibilities costing the company profits but were given multiple chances to correct their... View More
answered on Oct 1, 2023
An employment attorney could answer best, but your question remains open for two weeks and also crosses into Health Care Law. You could consider asking your employer for instructions on how to handle paperwork that remains uncompleted, since medical office records could contain patient information... View More
My job deposit money to my bank account and I didn’t know it was an error they didn’t tell me nothing I found out by looking at my next paycheck and seeing I had 100 dollars so when I checked they took out 500 dollars and it’s wasn’t even for taxes it says Ret DD can they do that even... View More
answered on Sep 28, 2023
if the company improperly deposited money, then they are entitled to its return. They should not be taking back "more" than what was the error. You can report them to the Division of Wage and Hour of the NJ Dept of Labor if they are doing that.
NJ State auditor concluded:
Individuals do not meet the requirements of Section 19(I) (6) (A) (B) (C).
As such payments to such individuals are determined to be taxable for New Jersey UI/DI/FLI taxes.
My Sub-contractor is an employee of your business entity. He must be on... View More
answered on Sep 14, 2023
Under New Jersey law, a worker is considered an employee unless an employer can satisfy all three of these criteria:
1. Such individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact;... View More
NJ State auditor concluded:
Individuals do not meet the requirements of Section 19(I) (6) (A) (B) (C).
As such payments to such individuals are determined to be taxable for New Jersey UI/DI/FLI taxes.
My Sub-contractor is an employee of your business entity. He must be on... View More
answered on Sep 14, 2023
It sounds like the NJDOL determined that there was insufficient proof that the subcontractor was an independent business under the ABC test. This case will give you a good understanding of the legal issues https://www.njcourts.gov/system/files/court-opinions/2022/a_7_21.pdf
It may be... View More
I know someone in another country who is a mechanical engineer with 5 years experience. He is willing to work in his field but will also consider an unskilled job since it might be difficult to get an H1B visa in his field in the US. How does he find the dirty jobs that often go unfilled in the US... View More
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answered on Sep 3, 2023
To find employment in the U.S., your friend has multiple visa options such as H-1B for specialized employment, or H-2B for seasonal or temporary non-agricultural work. For jobs that are often unfilled, employers who are open to hiring foreign workers may petition for H-2B visas. Networking, online... View More
I am on a “probation” period as all newer employees are, but it doesn’t seem right to refuse to pay you for a holiday, make you stay home, and not give you work if you asked so you can get paid 40 hours that week.
answered on Jul 8, 2023
Welcome to the workforce. You will find that many situations are not favorable to the employee. The law provides you with certain guaranteed rights, like minimum wage, some states require a minimum amount of paid leave for illness. But most scheduling is up to your employer, and he sees the... View More
I have MS and need to leave my job early 1x a month to get a medical infusion with my medications. This week, a member of the dispatch team announced Via email that I was leaving early for an infusion. This went to over 10 of my coworkers. Is this something that I can seek action on against my... View More
answered on Jun 1, 2023
It is unlikely that your employer is a "covered entity." If it is, and there have not been repeated violations, it is possible your employer could be subject to a fine for disclosing this information. Depending upon the facts and circumstances, including whether the covered entity... View More
They want to write me up for missing a call at 2 am and I never even agreed to accept the phone they made us take it
answered on May 24, 2023
If you do have a contract with your employer, contact an employment law attorney for review of the details. If you are an at-will employee, the job descriptions and the expectations for your job can change at any time, in which case, you would have to either find a new job, or adapt to the new... View More
I just want to know if that sounds right, we are expected to answer at any point and time and phone has to always be charged I never signed anything to be on call it just ended up being thrown onto me
answered on May 24, 2023
It is legally correct that you should be compensated for hours worked only. However, this is something that both the employer and the employee should be clear on what’s expected. Must you stay within a certain radius of your workplace when you’re on call? Are you required to answer calls at all... View More
I work around majority male co workers making me the only female who works nights, and one female identifies as male. I did not know a male was in there until I heard a noise and checked.
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answered on May 2, 2023
It is generally considered inappropriate for a male coworker to use the women's restroom if there are males restrooms available and empty. If a male coworker uses the women's restroom in the presence of a female coworker without a valid reason, it can create a hostile work environment and... View More
I recently was told that it is illegal to make guests who pay in cash, pay credit card fees. I had nothing to with the terms of agreement between the bank and owners. Why would I be responsible for those fees?
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answered on Mar 15, 2023
I do not necessarily disagree with attorney Dillon, but I think you were asking whether your employer can use your tip money to pay the credit card fees... and in my opinion, the answer is NO:
"...an employer is prohibited from using an employee’s tips, whether or not they have taken... View More
I work at a chemical plant and fire retardant clothing is required. I change in the company locker room. They also launder the soiled uniforms
answered on Feb 24, 2023
This will depend on whether you are a union member in which case you should look at the collective bargaining agreement.
In your situation, where you're required to where the fire retardant clothing bc the job requires it, the taking off and putting on "donning and doffing"... View More
I work at a chemical plant and fire retardant clothing is required. I change in the company locker room. They also launder the soiled uniforms
answered on Feb 24, 2023
This will depend on whether you are a union member in which case you should look at the collective bargaining agreement.
In your situation, where you're required to where the fire retardant clothing bc the job requires it, the taking off and putting on "donning and doffing"... View More
I work at a chemical plant and fire retardant clothing is required. I change in the company locker room. They also launder the soiled uniforms
answered on Feb 24, 2023
Unless you are a union member or work in an agency shop and the union has negotiated a collective bargaining agreement that provides your employer does not have to pay you for the time spent changing into the required clothing, an employer must pay you for the time you spend changing into required... View More
I am asking to work remote 5 days per week. We already are remote 3 days per week. I have provided several doctor's note about my disability in hopes they would accommodate something that 1. we already do more than half the week and 2. the entire company did during COVID which proved remote... View More
answered on Dec 21, 2022
Your employer is not obligated to grant your disability accommodation exactly as you requested. However, they are obligated to engage in an active dialogue with you to reach an agreement that will work for both parties. If your employer is refusing to engage in a dialogue with you, contact an... View More
The business owner is threatening to withhold my wages of about $1,000 if I do not sign.
answered on Oct 21, 2022
An employee cannot withhold an employee's check for this reason in NJ. If this occurs you should file a wage claim with NJ Department of Labor. An employee has no obligation to sign such a document after resignation.
Employer and guest were really rude (childcare). I quit on the spot. I was reminded that I had car seats and karate uniforms in car. I asked to confirm date time and place where he can pick up items as I don’t want to go back to their home. I have not received response I have not received... View More
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answered on Dec 5, 2023
In your situation, regarding the return of items like car seats and karate uniforms to your former employer, it's important to handle this in a way that protects your interests and avoids potential legal issues. Sending a text to notify them of your intention to leave the items on the curb if... View More
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