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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for New York on
Q: Can you be denied promotion for being "unrated" on evaluation because of medical condition which didn't effect work

Limited duty medical assignment cost me promotion even though all my assigned tasks were completed without being effected by medical condition. Work For NYC Sanitation. Passed over for promotion due to being on limited duty assignment (no driving) even though my assigned position doesn't... Read more »

Derek John Soltis
Derek John Soltis answered on Apr 13, 2021

You really should speak with an employment attorney. It sounds like you may have a claim.

1 Answer | Asked in Employment Law for New York on
Q: Took a paid leave for an orthopedic procedure, can I quite while on said leave without consequence?

Underwent knee surgery and have been off from work on a paid short-term disability. I received a job offer while on this leave, do I face any repercussions for giving my two weeks after not having worked in several months?

V. Jonas Urba
V. Jonas Urba answered on Apr 7, 2021

Are you "at will" which means that an employer may ask you to leave with or without any reason and you may choose to do so at your will?

By repercussions you are not referring to things like not telling your employer or its insurer all of the facts surrounding your need to be gone...
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1 Answer | Asked in Employment Law and Workers' Compensation for New York on
Q: I was hurt at wrk a while ago had a comp case w a crappy lawyer.. my x employer forced me to wrk injured for 3 month

Then they told comp.. the Ime did doctor hurt me and my lawyer at the time did nothing to help me

Tim Akpinar
Tim Akpinar answered on Apr 2, 2021

One option is to repost under Workers' Compensation here. There's no guarantee that all posts are picked up, but a workers' comp attorney probably wouldn't be able offer very much guidance based on these brief facts. Another option is to reach out to workers' comp attorneys... Read more »

1 Answer | Asked in Employment Law for New York on
Q: If suing an employer, should the suit be filed in the state where I work or headquarters of employer?
Brian Greben
Brian Greben answered on Apr 2, 2021

Every case is unique, but these actions are usually commenced in the State where the employee works.

1 Answer | Asked in Employment Law for New York on
Q: IF 50% of my compensation is from salary as an outside sales rep employee do i qualify for overtime ?

Hello , i work for a company for 8 months , they pay a base salary of 400$ a week plus commission, i started working on july 2020 , i made less that 2000$ in commission for the whole year of 2020 , i worked 100 hours a week on regular basis , am i entitled to minimum wage and over time , i logged... Read more »

V. Jonas Urba
V. Jonas Urba answered on Mar 15, 2021

The following link is thanks to New York State's Department of Labor:

https://www.labor.ny.gov/legal/counsel/pdf/payment-of-commissions-frequently-asked-questions.pdf

1 Answer | Asked in Civil Litigation, Libel & Slander, Personal Injury and Employment Law for New York on
Q: My sister was assaulted on her job by the assistant director of the respiratory department. What should she do?

She is working as a temporary worker at a hospital for an assignment. She was shoved twice and verbally assaulted by the male employee. He was arrested on Friday, but has since been released with no charges per the police. My sister is experiencing trauma from being physically assaulted by this... Read more »

Jonathan R. Ratchik
Jonathan R. Ratchik answered on Mar 15, 2021

Sorry to hear what happened to your sister. If she hasn't already, she should report the incident to her supervisor and request that the other employee be transferred to a different department to reduce the risk that she might run into him again. With regard to bringing a lawsuit against the... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Can I be legally charged for cashing a check set to me by former employer for time I did not work?

They hired me gave me a start date I quit previous job worked for two day they informed me that I was never cleared through the justice center and I have to take off til they did which they did not so I was let go I received the pay for two days worked two weeks later they sent me another check I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 14, 2021

An employment attorney could advise best, but your post remains open for three weeks. As a GENERAL premise, overpayment to a payee will generally result in a legitimate claim by a payor to demand return of overpayment - whether that payor is a bank, insurance company, or other entity. Based on your... Read more »

1 Answer | Asked in Employment Law for New York on
Q: Garden leave.. I signed a contract 2yrs ago agreeing to give 90 days notice if I resign.

My wife got pregnant and in January (3 months) I informed my employer and asked if I could work from home. (Currently I work in our office 4 days a week on a IT help desk answering calls and going to users to fix technical issues.)

My wife’s Dr. wrote a note advising that if possible... Read more »

Carrie Dyer
Carrie Dyer answered on Mar 10, 2021

The ADA does not apply to you here, so there is no legal obligation for your employer to honor a request for an accommodation of working from home due to your wife's pregnancy. If you entered into a contract agreeing to give 90 days' notice of your resignation, and you resign... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for New York on
Q: I think I’m about to be discriminated against because of my age. What can I do?

I am 50 and I just got my EMT certification (NYS) I had an interview yesterday. They asked if I ever had any moving violations and I said never. He then asked when I started driving and I said when I was 16. That should’ve been the end of his questions but then he went on to ask me how long... Read more »

Karen M. Hertz
Karen M. Hertz answered on Mar 10, 2021

You may or may not have a claim. It is illegal to hire, fire, or base any term or condition of employment on age.

Being able to prove it is another thing. See what happens and if you do not get the position, it would be best to contact an employment attorney with experience in...
Read more »

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1 Answer | Asked in Employment Law for New York on
Q: Can you legally get fired in NYS for flipping someone off. That person being a friend/coworker.

I work at Amazon and drive a Yard horse. Smart drive saw me flip someone off and emailed the boss.

Karen M. Hertz
Karen M. Hertz answered on Mar 8, 2021

New York State is not a right to work state, it is an employment at will state.

Your employer can terminate your employment at any time for any reason,

so long as it is not discriminatory, in violation of Title VII.

If you are a member of a labor union, perhaps your union...
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2 Answers | Asked in Employment Law and Immigration Law for New York on
Q: How to gain right to work for non us citizen?

All talent that we represent must either be a US citizen or have the

right to work within the US. In order to work in the adult industry in

the US two forms of US issued id's are required

Kevin L Dixler
Kevin L Dixler answered on Mar 4, 2021

That’s the law. You must be authorized to work. Those who are lawful permanent residents have the right to work, as well.

An employer has no obligation to petition someone for a work visa. The law requires the U.S. employer to first seek someone with the minimum requirements for the job...
Read more »

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2 Answers | Asked in Employment Law for New York on
Q: Looking for help in differentiating between independent contractors and employees.

Hello -- I am a startup founder in NYC looking for an employment lawyer who can answer a few clarification questions about our hiring. We are an app-based cleaning company hiring independent contractors as cleaners that will be matched to customers on our platform. The contractors choose their own... Read more »

Karen M. Hertz
Karen M. Hertz answered on Mar 3, 2021

Employees are paid a regular wage, receive employee benefits, have taxes withheld from those wages, and they have their work time, location and schedule dictated by the employer.

Independent contractors are paid for projects and pay their own taxes. They work when and where they want. For...
Read more »

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1 Answer | Asked in Employment Law, Tax Law and Business Law for New York on
Q: Im 17, not old enough to start my online buisness. So im starting it in my girlfriends name. Need help

So I am wondering, will she be legally in trouble for having my buisness under her name and filing for unemployment? We live in the New York area. I am doing all the work and stuff just under her name so the buisness can be made

V. Jonas Urba
V. Jonas Urba answered on Feb 16, 2021

Unemployment requires that everyone who intends to be self-employed discloses that fact to the DOL when they first apply for benefits.

It does not matter if someone earned no money from their business while unemployed. The key factor is disclosing an applicant's intent up front. DOL...
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2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: If I filed an 2 eeo complaints against my employer in the past, they denied my entry in a program, is this retaliation?

The program is for promotional growth and advance. Higher pay and higher position. I was accepted and then taken out of the program. I have not received any disciplinary charges still and that's why they saying I was removed from the promotional opportunity.

Karen M. Hertz
Karen M. Hertz answered on Mar 5, 2021

It is possible that this could be classified as whistleblower retaliation.

An attorney experienced in this area can help you.

Please note that this answer is not intended to provide legal

advise, merely to provide an opinion.

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1 Answer | Asked in Contracts, Employment Law and Health Care Law for New York on
Q: What are the requirements for hiring a healthcare worker example “ecg technicians” for a Telehealth company?

Does a Telehealth company need to meet particular requirements to contract a 1099 ecg technician to service a medical primary care providers patient population on the behalf of the primary care physician?

V. Jonas Urba
V. Jonas Urba answered on Feb 10, 2021

Regardless of what the parties call themselves, an employee is an employee. Many employers misclassify employees as 1099 independent contractors. Maybe the following example will help.

When most people hire plumbers, the hiring persons are not in the plumbing business. A licensed plumber,...
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1 Answer | Asked in Employment Law for New York on
Q: I'm a 1099 contractor and I'm owed over $4000 but the employer won't pay. What do I do?

I've worked for this company for nearly 7 years and their payment history is very uneven.

V. Jonas Urba
V. Jonas Urba answered on Feb 10, 2021

The following link from the New York State Office of Courts should help:

http://www.nycourts.gov/courthelp/SmallClaims/index.shtml

Are you sure that you are a 1099 contractor and not an employee? Even if employees and employers agree, in writing, that someone is a 1099 contractor...
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1 Answer | Asked in Employment Law for New York on
Q: Are companies obligated to tell you what they are testing for in a drug test or can they test for something more?

It’s a private internship

Toshinori Isoai
Toshinori Isoai answered on Feb 1, 2021

It will depend on the State you are in. If you are in NYS, it's likely that your employer's (random) drug tests at work will be justified. They have the obligation to maintain health and safety for other employees. Although their action in response to a test result (expecially when... Read more »

3 Answers | Asked in Animal / Dog Law, Personal Injury and Employment Law for New York on
Q: Do I have a right to defend myself, against a dog; If it attacks me in NY state?

I AM NOT, a violent person, and I DID NOT, hurt this dog! I was at work, and a customers dog was off the leash. A Big mastiff, type of dog! Im trying to work, and this dog is circling the shop, growling, and barking at me. I value my own life, and safety over this dogs! The day before, I asked this... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Jan 30, 2021

You should avoid hurting an animal if possible. If you are attacked you can use force to stop the attack and to avoid further injury.

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1 Answer | Asked in Employment Law for New York on
Q: Can my salaried exempt position be changed to hourly because the employer does not want to meet the NYS requirement

I am a salaried exempt director for a NFP. am being told that my position must be moved to an hourly rate because they cannot afford to meet the State minimum required salary for exempt salaried employees. I have held this salaried exempt position since accepting in 2013. In addition, I may not... Read more »

V. Jonas Urba
V. Jonas Urba answered on Jan 29, 2021

Call employment lawyers immediately to discuss. Smart employers pay hourly plus overtime for any employee who the employer suspects may not be exempt.

Remember that salaried employees have to meet the job duties test as well as the minimal salary requirements. Under federal laws the salary...
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1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: can i request salary information of my peers at a private university in new york? what are the pay transparency laws?

have salary inequity concerns at a private university in NY. i would like to request information on my peer's salary to assure indeed i am paid equitably. what are the wage transparency laws? can i legally request this information from my employer? my employer is a federal contractor

V. Jonas Urba
V. Jonas Urba answered on Jan 26, 2021

Under New York State Laws only civil service employees have access to their own and colleagues' personnel files. Private organizations don't even have to provide access to employees' own personnel files under New York Labor Laws.

You ask a very timely and valid question. We...
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