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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: My employer is sending me a termination letter while I am on FMLA / NYPFL for my newly born child. What do I do?

I would like to know my rights since FMLA should have job protection and what steps to take

T. Augustus Claus
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answered on Sep 18, 2023

If you receive a termination letter while on FMLA (Family and Medical Leave Act) or NYPFL (New York Paid Family Leave) for the birth of your child in New York, it's crucial to understand your rights and take appropriate steps. Begin by reviewing your eligibility for FMLA and NYPFL to ensure... View More

1 Answer | Asked in Employment Law for New York on
Q: My boss is holding me accountable for my organizational skills (I manage over 100 people at a non profit). I have ADHD

and was legally disabled for several years. My organizational skills are not as good as hers but adequate to the position based on my performance. Given that I have an illness and was disabled, can I get an accommodation or other legal protection? She denied me thousands of dollars in bonus money... View More

John Michael Frick
John Michael Frick
answered on Sep 11, 2023

Yes, you can request reasonable accommodations based on your disability to meet her expectations for organizational skills. Many employees with ADHD get noise cancelling headphones or other aids to help reduce the impact of their disability on their work productivity.

1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Should I inform DSO I have an asylum pending case while I'm holding F-1 Visa? How does this may affect my Visa?

My graduation is in August 2024. Meanwhile, I am actively looking for a job. I came to the career center at my school and they asked me to apply either for CPT or OPT. Should I just tell them I already have an EAD from the asylum? Or Is this a bad idea? Would they withdraw my I-20? I am a dependent... View More

James L. Arrasmith
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answered on Sep 3, 2023

Informing your Designated School Official (DSO) about your pending asylum case and EAD could potentially put your F-1 status at risk, as F-1 is a non-immigrant intent visa and applying for asylum may show immigrant intent. Your DSO may choose to terminate your I-20 if they believe that you have... View More

4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Timothy Denison
Timothy Denison
answered on Aug 15, 2023

They could be. Yes. You need to file a proof of claim for the wages in the bankruptcy. You should also consult a bankruptcy lawyer regarding a possible adversarial proceeding based on fraud that you might file against the company within the bankruptcy.

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Michael David Siegel
Michael David Siegel
answered on Aug 15, 2023

File a claim with the New York State Department of Labor. Non-payment of wages is the responsibility of the owner, if the company does not pay. File a proof of claim in the bankruptcy. As to a labor lawyer, these kinds of cases are usually on contingency, so talk to labor lawyers that do wage... View More

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

Howard E. Knispel
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Howard E. Knispel
answered on Aug 15, 2023

Did the company file Chapter 11 or 7? Wages are not dischargeable in bankruptcy. There maybe an eliment of fraud here so you may want to file an adversarial proceeding. An employment lawyer may not be well versed in bankruptcy law. You should seek out counsel experienced in adversarial... View More

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4 Answers | Asked in Bankruptcy, Civil Litigation and Employment Law for New York on
Q: A startup declared bankruptcy when it was time to pay me and 14 interns, what can we do?

Initially, my 13 coworkers and I signed a contract which specified that we were interns for this startup. We signed 1099 forms. Later, before the start of the internship, we signed an amendment that said we would receive 100% of our salary at the end of the internship.

Throughout our... View More

James L. Arrasmith
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answered on Sep 8, 2023

I'm sorry to hear about the challenging situation you and your fellow interns are experiencing. In a bankruptcy case, wages owed to employees are often treated as priority unsecured debts, which means they are among the first debts to be paid, albeit potentially only partially, from the... View More

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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Harassment and defamation from my job and they fired me today and I notified human resources department today as well

I need help

Tim Akpinar
Tim Akpinar
answered on Aug 14, 2023

I'm sorry about your ordeal. I can only speak for the defamation aspect of your post. An employment law or civil rights attorney could advise about elements related to your harassment and termination. If you suffered defamation (slander - verbal form, or libel - written form), you could... View More

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3 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for New York on
Q: Harassment and defamation from my job and they fired me today and I notified human resources department today as well

I need help

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Aug 15, 2023

You can find many excellent attorneys who handle defamation and employment sexual harassment / discrimination cases on the JUSTIA homepage. Keep in mind that statements made in the context of your employment, even if untruthful, are generally privileged in the eyes of the law and not deemed... View More

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2 Answers | Asked in Employment Law for New York on
Q: I am a service technician I work 730 am to 430 pm when I work on a vehicle I get paid. If cleaning shop or helping

Another technician I don’t get paid. Is that legal?

Christopher Marlborough
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answered on Aug 8, 2023

Ilion,

Before answering your question definitively, you would need to provide more information. You should talk to a plaintiffs' employment lawyer. Many attorneys provide free consultations concerning wage issues.

Generally, if you are a non-exempt employee (which is probably...
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1 Answer | Asked in Employment Law and Tax Law for New York on
Q: What are my options if my employer switched me from a payroll employee to a 1099 but I still do the same work

I started working for this place half a year ago and I was being paid while on a payroll but then my payments Started coming in late and then my employer talked to me and want discussed on switching me to a 1099 and even thought I am 30 I have no clue into what all this means so I agreed but now... View More

Christopher Marlborough
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answered on Jul 31, 2023

Employers often misclassify workers as independent contractors in order to avoid compliance with labor laws, including minimum wage, and overtime laws. It is much cheaper for employers to classify their employees as independent contractors. When your employer changes your status from employee to... View More

2 Answers | Asked in Business Law and Employment Law for New York on
Q: Does my daughter, age 16, need working papers to work in our family business part time? She has graduated high school
Alex B. Pia
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answered on Jun 25, 2023

In New York State (there may be additional requirements for NYC), if you are aged 14-17 you will need an employment certificate, also called working papers, in order to hold a job in New York State.

This rule covers:

High school graduates

Minors who work for their parents...
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2 Answers | Asked in Business Law and Employment Law for New York on
Q: Does my daughter, age 16, need working papers to work in our family business part time? She has graduated high school
Samuil Buschkin
Samuil Buschkin
answered on Jun 25, 2023

In New York, a 16-year-old can work in a family business under certain conditions. Generally, minors who are 14 or 15 years old are allowed to work in a family business as long as the work is not hazardous and they have appropriate work permits. However, for 16-year-olds, there are usually no... View More

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1 Answer | Asked in Sexual Harassment and Employment Law for New York on
Q: I was sexually harassed by a security guard at my previous job. I reported it to my manager and nothing was done

i stopped coming to work out of fear and was fired. Could I sue for sexual harassment?

Michael Diederich Jr.
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answered on Jun 5, 2023

Legal remedies depend upon where you live. Federal law applies nationally, and includes Title VII protection against sexual harassment and gender discrimination. States and localities can enact laws that protect against sexual harassment. Different time requirements, and potential administrative... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: What is grounds for suing for a hostile work environment or work place bullying?

I have a new supervisor who just started. I've been in the department longer than her. She's giving me unrealistic timelines to complete tasks, she's rude , she's and always undermining my work. She's always mentioning my age and thinks I'm too young for the position... View More

Michael Diederich Jr.
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answered on Jun 5, 2023

The ability to sue depends upon where you live. Federal law applies nationally but states and localities also enact laws protective of workers.

I recommend that you consult with an experienced employment lawyer, who can ask you relevant questions, for example, whether you are male and...
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1 Answer | Asked in Employment Law for New York on
Q: Is it illegal that my employer is purposely scheduling me 6 hour shifts on certain days so she doesn’t haveto givebreaks

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

Christopher Marlborough
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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...
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1 Answer | Asked in Employment Law and Military Law for New York on
Q: There isn't a water fountain or a water receptacle available where I work. There is only the bathroom faucet.

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.

Peter J. Weinman
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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

2 Answers | Asked in Employment Law, Immigration Law and Construction Law for New York on
Q: Waivering of tests for experienced foreign engineers.

I am a civil engineer with 23 years of experience outside USA . Certificates accredited by WES.

I am here on a valid tourist visa . Can I apply for waivering of tests and get a work permit inside USA ?

James L. Arrasmith
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answered on May 16, 2023

As an experienced civil engineer with 23 years of experience outside the USA, you may be eligible for certain waivers or exemptions from tests or requirements when applying for a work permit in the United States. However, it is important to note that the specific rules and regulations surrounding... View More

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1 Answer | Asked in Criminal Law and Employment Law for New York on
Q: I was an Art teacher and added names to my attendance list of people that wasn't taking the classes.

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

Peter J. Weinman
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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

1 Answer | Asked in Consumer Law, Employment Law, Personal Injury and Products Liability for New York on
Q: The IEEE has an intense engineering and technology standards making organization and processes to be followed.

To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?

Tim Akpinar
Tim Akpinar
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

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