Work place closed due to coronavirus pandemic. I was on an unpaid leave (family related situation, employer agreed that I can come back to work anytime my situation resolved) when this happened. I was going to start working again at the end of March when the statewide (NY) coronavirus lockdown... Read more »
I feared that if I didn't comply that he wouldn't take me back. After a month of working from home I put my foot down. Obviously he used covid as an excuse for his financial gain and now he is angry. How am I protected in this situation?
Under the Fair Labor Standards Act ("FLSA"), you must be paid for all hours worked. Your employer cannot tell you to collect unemployment in place of paying you for your time worked after you were laid off. Depending on how many unpaid hours you worked, your employer's refusal to pay...Read more »
As per my offer letter, I am non-exempt salaried employee in the state of NY. My employer has me using this app called “Hubstaff” since we’ve been working from home during the pandemic, which tracks clicks and mouse movements and reports an “activity percentage” based on those actions.... Read more »
Typically, deductions from pay are permissible when an exempt employee is absent from work for one or more full days. That does not sound like the case here. If your employer follows through with the deductions and they occur more than a few times, I would reach out to an employment law attorney in...Read more »
I received a call back to work letter. It states I will return back at my previous position and pay. But when I returned they have me doing another job, at the same hourly pay (minimum wage) but no potential for commission. commission makes up for at least 30% of my pay. Can I refuse and collect... Read more »
My current job furloughed me due to the covid-19 outbreak and at present we are still under the lockdown/pause order. My current job offered me my job back but with the order still in place and we have a very small windowless work shop with up to 10 people in the office at a time (3 in my current... Read more »
Is everyone provided PPE and wearing it and the workplace redesigned for social distancing? And testing in place? Look at the EEOC and OSHA websites which define safe workplaces and the duty of employers to provide one. Then report for work and take photos if not against company policy or take...Read more »
Your schedule is 9 to 5. Mon -fri They make you stay home but you have to check in and be on standby. If you get paged out after hours or the weekend they say we don't have to pay you anything for that because we are paying 40 hours pto for the week. I am a non exempt employee and I receive... Read more »
If you are a non-exempt employee (and therefore entitled to overtime if you work over 40 hours per week), what you are describing is unlawful. More information is needed about your employment to determine if you are exempt.
When a salaried employee's pay is cut without advance notice the employer violates New York's Wage Theft Prevention Act and the employer converts the salaried employee to one paid on an hourly basis who qualifies for overtime pay plus. Call an employment lawyer ASAP for additional information.
I have been involved in a bogus lawsuit with a former employer. The main defendant died of cancer in 2019. They originally filed a motion to remove him; then COVID-19 happened and everything was put on hold. Now they have filed a Motion of Order pursuant to CPLR 3217(b) permitting a voluntary... Read more »
Too many pronouns and not enough information. Are you a plaintiff or defendant? If a defendant, do you have counterclaims or crossclaims? There is a usual form for this, and in general, it is in your favor to have this happen. A lawyer could review everything for a few hundred dollars.
Maybe. Is your workplace safe? OSHA compliant? Everyone wearing face masks and social distancing? Are you in compliance with EEOC guidelines to protect everyone? Check their website. Consult with an employment lawyer.
I have been granted asylum with an I 94 that says asylum granted indefinitely. My work permit is expiring and I couldnt renew it because of the pandemic. My employer said that I need to submit new e9 employee verification to continue working. Uscis website say I dont need work permit coz of asylee... Read more »
An employee can present a List A document OR a combination of List B and C documents. Your EAD card is a List A document. Without it you can present a combination of List B and C documents. So you can present you Drivers License (List B document) and your Social Security Card (List C document)....Read more »
If you can effectively work from home and your employer instructs you to return to work and you reasonably believe that this places your health in jeopardy, I would recommend that you request the reasonable accommodation of continued work at home or telecommunting.
See what happens after you return from furlough and gather as much information when that happens. If your pay stays the same, is that an adverse employment action? You will not know until you return and get all of the details. If they ask you to sign or agree to something speak with a lawyer before...Read more »
Terminated from contract role after weeks of increasingly hostile treatment from my supervisor (partner at the firm) & another project lead (new contract worker. Old friend of supervisor). I received entirely positive feedback for months until they botched a proposal and lost the client. The... Read more »
It's also a huge city which is actually very small. Professionals rarely have time to ruin other professionals' lives. They also don't want to give some law firm ammunition for a lawsuit. Remember, it's a one-party consent state to record others so I assume that I am being...Read more »
New York is an employment at will state, meaning that an employer can fire an employee without any notice at any time for any reason or even no reason at all. There are some exceptions to this rule, the details of which I recommend you discuss with an attorney as they can be very fact specific.
When I applied for my unemployment benefits my work authorization was valid. During the time when I was getting benefits my work authorization expired. I have applied for work authorization Renewal. Can I get my unemployment benefits after I applied for a new unemployment authorization?
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