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New York Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Immigration Law for New York on
Q: Trafficking hotline says my case was referred to law enforcement and FBI but couldn’t give me any further information.

How do I know whom to contact- they said they referred to police and FBI.

James L. Arrasmith
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answered on Oct 22, 2023

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

1 Answer | Asked in Immigration Law and Employment Law for New York on
Q: Can I register and operate businesses with a G4 visa?

Hi All,

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

James L. Arrasmith
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answered on Oct 22, 2023

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

1 Answer | Asked in Employment Law for New York on
Q: I used to work with Wendy's on 10/5 and 10/6/2023 13.12 hours and never been paid by them and I started to cut myself

I cut my wrist because I don't know what to do

Jack Mevorach
Jack Mevorach
answered on Oct 19, 2023

Cutting yourself is never the answer. Please seek professional medical attention immediately. Call 911 for assistance.

Your life matters. Don't sacrifice it.

Jack

1 Answer | Asked in Employment Law for New York on
Q: My job terminated me while on PFL in NY. What can I do?
T. Augustus Claus
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answered on Oct 16, 2023

If your job terminated you while on PFL in NY, you may have legal rights. Employers are prohibited from retaliating against employees for taking PFL. You can file a complaint with the NYSDOL or file a lawsuit against your employer for retaliation. For personalized legal advice tailored to your... View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for New York on
Q: I am in NY and I smoke marijuana. Can my job hfire me for testing positive for marijuana. I work at an FEC.

I work at an FEC with go karts bowling and arcade and I am an Assistant General Manager.

T. Augustus Claus
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answered on Oct 10, 2023

In New York, as of the Marijuana Regulation and Taxation Act (MRTA) effective in 2021, employers generally cannot refuse to hire, terminate, or otherwise discriminate against someone solely on the basis of their lawful off-duty use of cannabis or due to a positive cannabis drug test. However,... View More

1 Answer | Asked in Employment Law and Civil Rights for New York on
Q: In NY can your job record audio or visual of you without consent

The company I work for recently installed cameras with audio and visual recordings. We have not signed any paperwork related to this. Is this legal?

T. Augustus Claus
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answered on Oct 10, 2023

In New York, it's illegal to record conversations unless at least one party to the conversation consents to the recording. This means that if you're part of the conversation, you can record it without getting permission from the other parties. However, when it comes to video surveillance... View More

1 Answer | Asked in Employment Law for New York on
Q: Are employers required to have an appeals process in place for disciplinary actions taken towards an employee?
Christopher Marlborough
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answered on Sep 28, 2023

The short answer is no. There is no law in NY that requires an employer to have an internal appeals process for disciplinary actions. Employers should establish personnel policies and practices that cover key areas of hiring, employment, discipline and termination, but it is not required.

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I be fired because I wasn’t able to come in to work due to quarantine in New York State?

Hello, my name is Brian I recently contracted COVID-19. I informed my manager of this inconvenience to which she replied. Thanks for the heads up. Two days later I get a message from her stating that other employees are sick and there is no coverage for the night I reply to her by saying I feel a... View More

Michael Diederich Jr.
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answered on Sep 19, 2023

Depending on the size of the employer and your length of employment, you may be protected by the federal Family Medical Leave Act, as well by parallel state or municipal law.

It would have been responsible--indeed, immoral-- for you to go to work while contagious with Covid-19. it may...
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2 Answers | 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

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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 for New York on
Q: Do I need to have a PLLC in order to hire therapists for a therapy group practice in New York?

I am a mental health counselor who recently applied for a PLLC for the group practice I would like to start. In the meantime, I have set up an LLC, but I am unsure whether I am allowed to hire new therapists until I have a PLLC. I have a startup business lawyer and employment lawyer, each of which... View More

Jack Mevorach
Jack Mevorach
answered on Sep 4, 2023

A PLLC is the preferred entity.

Jack

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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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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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

1 Answer | Asked in Employment Law and Employment Discrimination for New York on
Q: I was terminated after my son took his life and they lied so I'd be denied unemploy. Do I have a case?

I worked there for 6 yrs. They paid family leave for 3 months after he committed suicide and when I tried to return I was told I wasn't needed any longer. When I went for unemployment I was then forbidden to ever step foot on the proerty and I was denied unemployment bc they stated that I... View More

Michael Diederich Jr.
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answered on Jul 24, 2023

Sad story. Unfortunately, statutes of limitations are controlling, and only in rare instances can be avoided.

1 Answer | Asked in Employment Law, Business Law and Civil Litigation for New York on
Q: Are bars in Manhattan required to preserve surveillance video a minimum number of days before destroying or overwriting?
Jack Mevorach
Jack Mevorach
answered on Jul 21, 2023

Not sure. Check with the NYS Liquor Authority.

Jack

2 Answers | Asked in Employment Law for New York on
Q: Can I sue my high school for them losing my 11th and 12th grade credits? Its stopping me from going to college.

I have my Diploma. They been trying to find them for the past 3 weeks, I showed up and called a bunch of times and still has not been found

T. Augustus Claus
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answered on Jul 19, 2023

Now, losing your high school credits can indeed have significant consequences, especially when it comes to pursuing higher education. If you're unable to provide the necessary transcripts or proof of completion for your 11th and 12th grade coursework, it can create obstacles in your college... View More

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1 Answer | Asked in Employment Law, Immigration Law, Tax Law and Business Law for New York on
Q: I am hiring a non-resident who is moving out of USA back to her country. Should I be paying NY worker comp, FICA, etc?

New hire does not have US citizenship but has had SS number since graduate school and has paid taxes while working in NY but will now be working outside of NY, USA; that is Jamaica.

James L. Arrasmith
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answered on Jul 6, 2023

When hiring a non-resident who is moving back to their home country (in this case, Jamaica) and will be working outside the USA, it is important to consult with an employment attorney or tax advisor to understand the specific legal and tax requirements. Worker's compensation, FICA, and other... View More

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