Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on... View More
When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline...View More
In New York, employment law typically protects employees from discrimination based on national origin, which can include language. If your employer's policy of not speaking Spanish except with Spanish-speaking customers appears to be unfairly targeting your national origin or culture, it could...View More
I claimed he treats me unfairly and this is a hostile workplace for me. I know that the company can terminate me without cause and no severance since it is an at-will contract. I have a few pointers that might be considered evidence that can support my claim. Is there anything I can do if they do... View More
In New York, even under an at-will employment contract, there are legal protections against wrongful termination, especially if it's in retaliation for reporting workplace issues. If you reported your director to HR for bias and unfair treatment and then faced termination, this could...View More
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
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
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.
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
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
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.
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
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
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
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
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
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
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
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
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
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
If you've agreed to a settlement in a New York State Division of Human Rights (NYS DHR) case and wish to appeal, you should be aware that typically, a settlement agreement is final and binding once signed.
However, if you believe you were under duress or there were other improprieties...View More
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
If the trafficking hotline indicated that your case was referred to both local law enforcement and the FBI, you can start by contacting your local police department to inquire about any ongoing investigations related to your report. If they do not have information, you can reach out to the nearest...View More
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
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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