Get free answers to your Employment Law legal questions from lawyers in your area.
I am a contracted employee, hired to work 6 hours a day. My assigned schedule is for 6.5 hours. The half-hour is for a break I don't care to take or need.
As stated in my contract: Teacher Aides - The length of the work day for teacher aides shall be as follows: for aides... View More 
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answered on Oct 1, 2022
New York law requires employers to provide most employees a thirty-minute meal break when working more than six hours a day. See https://dol.ny.gov/day-rest-and-meal-periods. Since you state that you are working no more than six hours a day (and if you are not occasionally working over six hours a... View More
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answered on Sep 22, 2022
There are no minimum hour requirements.
Some employees can be paid premium pay when they are subject to scheduling changes on short notice.
New York State recognizes a right to "call-in pay," but only if the worker is required to report to work. Usually, restaurant or... View More
I’m remaining in F1 status (student visa-nonimmigration), I have far- relative lives in New York, he is owning a restaurant. I live with him and his family. I volunteer to help him with his restaurant during my free time just about 2-3 hours per week. No income received, no salary, no tips, no... View More
answered on Sep 21, 2022
If you are merely helping out without pay the I would not consider it employment.
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answered on Sep 15, 2022
Your question is not entirely clear. First, an employer can require you to take a break.
Second, the employer cannot knowingly permit you to work through a required break period without pay.
Third, New York State law (Labor Law Section 162) requires most employers to provide a... View More
Can I sue someone for IIED if the person I was having a conversation with recorded the conversation (a conversation in which I was saying bad things) and this person sent the tape of the conversation to my boss, which then led to me being fired?
answered on Sep 9, 2022
The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... View More
Can he then pay me less than they think they are paying me? Is this fraudulent billing?
answered on Aug 29, 2022
The employment law attorneys here would have the best insight into this, but your question remains open for two weeks. However, as a general contract law matter, it isn't unusual for companies to impose a margin on what they pay employees or contractors - this is a basic business model. It... View More
answered on Jul 20, 2022
In an at-will state like New York, you can be terminated for any reason or no reason. Announcing your pregnancy does not prohibit your employer for terminating your employment due to performance. However, if you are terminated and believe that your pregnancy played a factor in the decision to... View More
i’ve reached out multiple times via phone and email and was told a date for a response but never got one
answered on Jul 9, 2022
I'm sorry your question remains open for three weeks. This is something an employment law attorney would probably have the best insight into. There's no guarantee all posts are ultimately picked up here, but you could repost and add Employment Law as a category. Good luck
- Firm entered a Services Agreement to provide services for a financial services company as an independent contractor
- After the agreement was executed, the plaintiff was required to perform duties beyond the scope of Agreement
- Plaintiff was also subject to employee policies... View More
answered on Jul 6, 2022
An "independent contractor clause" doesn't do much. Whether a person is an employee or independent contractor is determined by details of the person's job duties, compensation, etc.
Back in 2018, I had an accident in my country, so I have a back problem and the day I did interview with my employer, I already explain to them that I am in a session of treatment actually. They accepted to hire me which was a months ago, and today, they just fired me because I did not work... View More
answered on Jun 22, 2022
I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... View More
I received a demand letter, I left the job due to hostile environment. I had to contact the labor department to collect my last wages. Now the demand letter wants repayment for half of the bonus’s I was paid. The offer letter has no clawback or mention of any repayment. I don’t mind paying if... View More
answered on Jun 21, 2022
Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.
My friend made a harmless video of her dancing with a dog at work (she works at a doggy daycare). she was then fired for the video four days later after posting it she also recently worked a full shift then after they told her to delete the video and she was fired Right after.
answered on Jun 3, 2022
I'm sorry your question remains open for four weeks. The attorneys in the Employment Law category would have the best insight into hiring, firing, and other job-related issues. Your question must have gone unnoticed in this category. There's no guarantee all posts are picked up; some... View More
i was given an impromptu meeting in regards to a allegation of creating a hostile work environment...after i was suspended for five days without pay....the meeting brought forth no evidence of the allegation as no witnesses were called and more importantly my private medical issue with there very... View More
answered on May 16, 2022
You should contact an experienced employment/labor attorney to go over the details of your case. From the small amount available in this public forum, it certainty sounds like you have reason to be concerned.
I work for a state government office. One day, my subordinate began loudly uttering (using profanity), derogatory remarks about another worker whom has a slight mental disability. He was threatening to "tell him off" if approached by the other employee, and was making negative comments... View More
answered on May 12, 2022
I'm sorry your question remains open for two weeks. You could repost under the "Employment Law" and "Employment Discrimination" categories instead of "Uncategorized." There's no guarantee that every question here is answered. Some questions do go unanswered.... View More
answered on Apr 25, 2022
This is not really a medical malpractice matter; it is something that an employment law attorney would probably have the strongest insight into. You could repost under the Employment Law category. There's no guarantee all posts are picked up, but there would probably be better chances of a... View More
I am a part time employee working 38+ hours a week and believe that there is something that would constitute my job into full time with benefits at
answered on Mar 5, 2022
Carefully review your employee handbook and/or all of your employer's policies. Although those policies, rules or guidelines usually do not form contracts most intelligent employer's will follow them. The reason for doing so is that employers will refer to those policies and use them in... View More
My job offer letter states that it can’t be modified or amended except for written agreement signed by the employer and myself.
Can the employer modify the agreement after my start date and compel me to comply if I don’t agree and sign.
answered on Mar 4, 2022
An offer letter is different from an employment contract. Most offers are "at will." The employee can leave or employer can ask the employee to leave. No reason is needed for either employee to quit or employer to end the "at will" relationship.
Signing an offer letter... View More
This is only one possible lawsuit worthy instant there are many other things such as not being paid on time.Sometimes not getting paid for time that was put in and there was also a promise for health care in my contract that wasn't fulfilled as of yet. The place I work at cost 1.5 billion... View More
answered on Feb 23, 2022
This is something that the employment law and workers' comp attorneys here would know best, but your question remains open for two weeks. In general, employees injured in the course of their employment usually go through workers' comp insurance for their medical expenses and lost wages.... View More
NY employee started with Mass employer on 10/1/18 (first day of Mass MNAA). On 10/3/18 employee signed a "Non-Solicitation Agreement" on third day of employment without any advanced notice of the agreement in the offer letter. For 18-mo employee cannot "render any management-related... View More
answered on Feb 23, 2022
"Employee wants to take clients they brought into the company" is a red flag. If employee had been acquainted with or done business with a client before accepting employment with a company that might be ok? But the "ok" depends on what the employee did prior to accepting... View More
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