Get free answers to your Employment Law legal questions from lawyers in your area.
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
Assume a consulting agency is providing consultants to a client in order to complete a project. Due to the nature and duration of the project, the client wants to use the consultants/independent contractors to temporarily augment their staff. This may require, depending on the role the consultant... View More
answered on Feb 6, 2023
A corporate resolution authorizing signature on whatever needs to be signed.
When I own a business (e.g. bakery, coffeeshop etc.) am I LEGALLY allowed to deny service to people of a specific ethnicity (e.g. african-american), sexuality, gender etc. and/or deny them employment? I mean after all it is MY business and I can decide, whom I offer my service or who can enter my... View More
answered on Jan 4, 2023
No, you cannot legally discriminate against patrons or employees. Yes, you can get sued.
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
I made a mistake on a spreadsheet which caused pricing to be off by a few percent. I submitted the pricing sheet to the company. The company uploaded into their system and then approved all Purchase Orders from customers with the mistaken pricing (I did not approve any PO's). The company is... View More
answered on Dec 27, 2022
It depends on your agreement, which it appears in itself might be hard to prove.
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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answered on Dec 18, 2022
In New York, a trade secret has three parts: (1) information (2) economic value from not being generally known by others, and (3) reasonable efforts have been taken to protect the trade secret. In New York, courts look at six factors to determine if information should be considered a trade secret:... View More
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answered on Dec 18, 2022
If you were an independent contractor as opposed to an employee, the work for hire doctrine wouldn’t apply absent a signed writing to that effect executed by both parties to the contract. However, whether you would be considered an “employee” for the purposes of copyright law is not as simple... View More
I am a known for being a hard-worker and respected in the industry as at top energy service professional. Working over 70 hrs in a week. Sometimes my boss wants us to work more. One time i had to decline because i was too worn out. After i declined i became a target for my boss. He made my job... View More
answered on Dec 13, 2022
There are too many variables that aren't addressed in your question to give an answer in this forum. You should reach out to an employment/labor attorney; many of us provide free consultations.
answered on Dec 8, 2022
Generally, no. Employees in New York State are presumed to be “at-will,” meaning that the employment relationship can be terminated at any time for any reason, by either the employee or the employer, unless there is a law or contractual agreement to the contrary.
the money they would have made for the session but now lost due to my absence. Is that legal?
answered on Dec 3, 2022
It depends on the exact wording of your contract, if any, and/or any verbal agreements they can prove. An evaluation can only be based on a detailed confidential legal review of your particular situation.
Hello and thank-you for this service... I have a question about employment law... Does employer's liability insurance cover injuries or incidents that might occur when employee's arrive at work before or after their scheduled work hours? I'm asking because there's a few... View More
answered on Dec 2, 2022
This is something you may want to sit down and discuss with your insurance broker. In terms of employer's coverage, if you mean insurance for workplace accidents, that would be your workers' comp policy. That covers injuries arising in the course of employment. You may also have a policy... View More
answered on Nov 8, 2022
That depends. Under U.S. Supreme Court precedent you do have some expectation of privacy at your place of employment, though not to the same degree as in your home. You can also waive these rights to varying degrees if you agreed to any terms of service when logging in to your work computer system... View More
The contract had a Termination clause that explicitly noted that it ended on a specific date last year. Under the contract IP I created during the period of the agreement would belong to the company. The contract also guarantees a profit share as part of the compensation. The contract is governed... View More
answered on Nov 7, 2022
If the contract expired but you are still performing services, there maybe an argument that this is a contract agreed to by the conduct of the parties. The problem is that account to the Statute of Frauds can enforce the terms of this non-written agreement if you ask more than $500.
That... View More
answered on Nov 6, 2022
I'm sorry your question went unnoticed under the Civil Rights and Constitutional Law headings for four weeks. One option is to repost under the Employment Law category. Some questions do go unanswered. If still no response, another option is to look into the cost of a brief consult with an... View More
I started Monday I worked Monday and Tuesday total of 16hours and they didn't send me my w-2 or paperwork until last night today I decided the job was too much on my body so I quit do they still have to pay me for the hours I put in even though I didn't get to fill out the paperwork?
answered on Nov 2, 2022
You are entitled to be paid for all hours that you worked, even if you had not completed your paperwork when you performed the work.
There was a private business vaccine mandate on 27th December 2021. My company forced me to use my remaining sick, and vacation days. Then when they were all depleted. They fired me January 10th 2022. Today they announced that The Supreme Court rescinded the mandate effective November 1st, 2022.
answered on Oct 25, 2022
This seems to be the question about employment law. Whether the decision to fire you is legal depends on many aspects including, whether you had a contract in writing specifically saying you should be fired for cause.
Am I able to sue my employer for this? I have a picture of my knee with a date on it. Also I am not getting overtime paid for 3 years.
answered on Oct 6, 2022
You quite possibly have a disability discrimination case, depending upon how "reasonable" your request to work from home was. Probably more important, however, is the fact that you haven't been paid OT in 3 years. If you are a nonexempt employee, and are therefore entitled to... View More
I accidentally crack said window while on the clock, moving chairs around.
answered on Oct 3, 2022
The short answer is no, they cannot. If they dock your compensation to pay for the cracked window they are making an unlawful deduction.
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