I need help
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 
Another technician I don’t get paid. Is that legal?
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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... View More
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
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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
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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... View More
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
i stopped coming to work out of fear and was fired. Could I sue for sexual harassment?
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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
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
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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... View More
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
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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... View More
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.
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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
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 ?
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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
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
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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
To what extent should licensed Professional Engineers and Certified Technologists serve in Responsible Charge of standards development to protect the public?
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
What can I do regarding this?
answered on Mar 17, 2023
If you have a properly worded severance agreement you might have a case, even if the disparaging information is true. Non disparagement clauses can cover even true statements. It all depends on the wording of the severance agreement and the facts surrounding the disparaging statements on social... View More
What can I do regarding this?
answered on Mar 11, 2023
Depends on the contents of the severance agreement, what was specifically said in the social media comments and who they were shared with, and whether what they said was opinion or false facts. There could be a defamation claim here; depending on severance agreement, maybe breach of contract as... View More
My friend started a Job about 7 months ago and has missed a lot of time due to documented medical issues. He has been medically cleared to return to work but is having post op complications and is afraid he will be fired if he misses any more work.
Is it legal for an employer to fire... View More
answered on Mar 10, 2023
Your friend needs to consult with an employment and labor law practitioner. It is possible that he might be protected if his documented medical issues qualify as a "disability" under the American With Disabilities Act, the NYS Human Rights Law and/or the NYC Human Rights Law (if his... View More
I was denied employment based on my criminal history by a temp agency. I was interviewed by the temp agencies client company and was told that I had gotten the job. The temp agency then screened me doing a drug test and background check. I disclosed on my background check my felony conviction that... View More
answered on Mar 10, 2023
In New York, discrimination based on a past criminal conviction could be unlawful depending on several conditions. Under the NYS Human Rights Law and NY Corrections Law, the prospective employer must conduct a multi-factor analysis to determine whether it can decline to hire you, such as the... View More
One person had hourly and my boss took it away. I got just 50% the hairstyle not including the hair, accessories, or products. I also ran the food market in the back which they said was illegal. And they never paid overtime. I also had to work open to close everyday because it was just me. I also... View More
answered on Feb 13, 2023
If you worked at this person's salon you were owed at least minimum wage, with "time and a half" for overtime for all hours worked after having already worked 40 hours per week. And if they didn't pay you, you're probably also owed liquidated damages equal to the... View More
I work in a weld shop, but the front office, so I don't weld. The entire male staff has the same dress code, and the women in the weld shop area have the same dress code, but the women in the front office have no such dress code. Is this an enforceable thing?
answered on Feb 7, 2023
Whether this is legally permissible, in theory, is one thing. Whether it makes sense for you to make a big issue out of it is another matter, entirely. You need a cost benefit analysis of the problems you will create for yourself at work, versus the value and enforceability of the alleged harm you... View More
Selling my cookie I invented in stores without paying me. They also didn’t let me name it and are asking customers online to compete in naming the cookie and winner gets creator rights on the cookie. I was basically thrown to the side after I made them a delicious cookie they liked and they... View More
answered on Jan 2, 2023
By itself, a recipe is not protected by copyright law because it is only a list of ingredients. See U.S. Copyright Office, Circular 33, Works Not Protected By Copyright.
However, a recipe embedded in detailed instructions on how to combine the ingredients, especially when written in your... View More
answered on Dec 26, 2022
This is something that an employment law attorney should advise on, but your question remains open for three weeks. Small Claims Court is a court of limited jurisdiction, in terms of money caps and the scope of matters handled. It is often for straightforward disputes involving money damages up to... View More
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