Employment Legal Questions

If your employer is a private entity, there is no law that says they need to pay holiday pay.  Each company can set their policy about this. The question is more whether you are properly an exempt employee.   Check your employment handbook whether it applies to all employees.... Read Answer

If you have a financial emergency or a personal emergency that would risk loss of significant amounts of money, or the loss of some kind of health and safety benefit to the fiancé company because of the delay, you may be able to try to get an expedited review. However, keep in mind that just obtaining the I-129 approval is just the first step in the process,. After the fiancé petition is approved, the file will be sent to the national visa center (NVC) in New Hampshire and it will remain there for a meaningful amount of time until process is completed. Thereafter it will be sent to the overseas US Consulate where more delays will occur. The point being that this could take up to three years from start to finish before she is allowed to enter the country.... Read Answer

Hello Mr. Lee, I hope your issues have resolved.  If your break issues are continuing, you may be able to file an action, either with the Labor Commissioner or with the Superior Court.  Let us know if you need further assistance.  Arlo Uriarte, Attorney, Liberation Law Group, PC 415.695.1000 arlo@liberationlawgroup.com... Read Answer

The question whether certain vacation pay and other discretionary pay benefits are owed to you upon separation depends on the employer's policies, which may be contained in a handbook or otherwise. Vacation benefits are not mandatory under New York law. Therefore, the employer can implement policies determining that benefits will not be paid under specified conditions.  Your employer cannot withhold your wages in exchange for your signature on a claims waiver, but depending on the company policy, it likely can withhold your vacation pay in exchange for that waiver, provided that the employer complies with all notice and other requirements under federal and state laws with respect to the waiver form. If you believe your employer has unlawfully discriminated against you or has failed to pay you wages or overtime pay that are required under NY law, you should consult an attorney to protect your rights before signing a waiver.  ... Read Answer

Yes, you may have a claim. The first issue is whether the casino is on Indian reservation property , which would then possibly preclude your claim based upon sovereign immunity. If the casino was a private company, then the damages would be an issue. Your damages would depend upon the extent and severity of the assault. You should discuss your case with an attorney here in Florida fir possible contingency fee, which means you don't pay anything unless you win. You should act quickly, because this possibly is on videotape, and a preservation of evidence letter should be sent out immediately, so that they can preserve any video footage.... Read Answer

Hi Barry, New York has very favorable anti-discrimination and hostile work environment laws. You need to start with a consultation, or rather your son does. He's an adult, so if he doesn't want to pursue it, you cannot force it. Likewise, he will be the client and needs privileged conversations with counsel to be in the driver's seat.  The prevailing legal burden in NY for hostile work environment is to prove the the employee was treated differently than other similarly situated employees because of a protected classification. NYS law also has lower disability thresholds than the ADA and protects virtually every diagnosible medical conditino or impairment. ... Read Answer

Maybe. Our at will employment system doesn't require an employer to reveal the reasons for a terminatino or lay off, but they must comply with Union Collective Bargaining Agreements and statutory law. If you're not in a Union, that means the only protects you have are those the Legislature created under the WARN Act, anti-discrimination laws. and the Whistleblower protection laws. If you were the only person laid off, the WARN Act does not apply. That only applies to reductions in force that trigger the statute. If you did not engage in protected conduct, such as objecting to or complaining unsafe or illegal operations, payroll practices, harassment, or discrimination, there is not retaliation protection. That leaves protected classifications like race, age, disability, religion, sex/orientation/identity, uniform service status, marital status and things of that nature. If membership in a protected class partially motivated your lay-off, or a complaint to HR, or a dispute about illegal operations with your supervisor, preceded your lay-off, get a consult. If business is down and you've no basis to quesiont the motive, the law provides no recourse for legitimate operational decisions. ... Read Answer

Yes, of course. I'm working on a Third Department vaccine appeal presently. I dont follow your post, however. April 233 to perfect  your appeal? There's not notice of claim to the Appellate Division. The general timeline goes initial determination, request a hearing within 30 days, ALJ hearing, agency appeal within 30 days, Board Appeal, Notice of Appeal (Third Dept) within 30 days, then you perfect the appeal by filing your brief. The Notice of Appeal tells the Appellate Division what you are appealing and why. The brief expalins why the court should grant the appeal described in the Notice of Appeal. If you left something out of the Notice, you're generally screwed. I'm not sure where you are on that timeline or what you have told the Appellate Division.  There is a huge differnce between arguing against the application of a vaccine mandate and arguing the ALJ made a mistake by believing an employer who was, according to you, lying. All of that needs to be sorted. ... Read Answer

I suggest an accountant or bookkeeper are a better fit for an audit.  I trust this answers your question, but do not hesitate to call or email with any questions. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Provided the employer is front loading your minimum mandatory sick leave under NYC and State law as of January 1, this will likely be legal. If they're not going to replenish your minimum sick leave, they can't force you to use it.  Unless the employees have a contract or union collective bargaining agreement, I'm not aware of any law that forces a small employer to conduct business.  If the employer has at least 50 employees, the reduction in force laws (New York State Worker Adjustment and Retraining Notification or WARN Act) notices may apply to mass layoffs.... Read Answer

Yes, you have a case. That's wage theft. It's completely illegal. You're entitled to the wages worked and liquidated damages, meaning the employer will probably have to pay double. Lawyer up and educate yourself. The NYS Department of Labor has resources available including agency complaints. https://dol.ny.gov/unpaidwithheld-wages-and-wage-supplements... Read Answer

Not legal advice but Unclean Hands Doctrine applies to most employment matters. If an employee has done something unlawful, for example taking property / money which does not belong to them, misrepresented material facts on an employment application (i.e. including relevant training, education or experience which the employee knows to be false but represents as true), or committing some other relevant and material act which calls into question whether the employee is trustworthy with essential job duties which include collecting money it's often a problem. There are exceptions, such as being paid below minimum wage, but those are very limited and require a careful analysis of the specific facts of each situation. In your case, you admit that you were not entitled to the money and no other allegations point to wrongdoing or unlawful pay practices by that employer. New York has many unique to New York Labor Laws. The food industry includes many practices which may rise to being unlawful. Reaching out to a labor and employment lawyer might be a good idea. They will need to collect more information about the details of how you were paid, your pay history, the agreement you and your employer made, and the actual hours you regularly worked. If other pay laws were not followed by the employer a demand letter might be an option but your "stealing" admission will not disappear. If everyone on the interstate was driving 90 mph but you were the only one pulled over by the state police would your carelessness be excused? Probably not right?... Read Answer

Yes. Employees diagnosed with such conditions can still request (and are entitled to) reasonable accomodations. Employers in NY State must engage in an good-faith dialogue to provide a reasonable accomodation and can only reject accomodation when it creates an undue hardship. Work with your physician to assess what types of accomodations may be appropriate. A word of caution, the brief information you shared sounds more like a ruse than good-faith business necessity. Such a dramatic change in the personnel managment can correleate to age discrimination. The more senior an employee, generally the more they are earning, the more benefits, etc. By increasing the pressure and driving them out for performance, they can be replaced with cheaper and younger cogs. So get a consultation as well with an emploment attorney. Know your rights and work with your physician to discuss how to continue in what may be a hostile work environment. ... Read Answer

Depending the status of your position (at-will free market, union, civil service), managment can generally change your shift, subject to whatever contractual or union protections rights you may have to a particular shift (non-union at-will positions generally have none).  But under no circumstances can the employer dock your earned pay for not picking up extra shift or declining voluntary work.... Read Answer

There's not nearly enough information in your post. Believe it or not, not all harassment is actually illegal. It's generally illegal when one is targeting protected classifications (race, age, sex, orientation, disability, religion, etc.) or conduct (whistleblower complaints, discrimination reports, wage & hour complaints, safety or work conditions complaints, union activity, etc.).  Get a consutlation to assess your rights. ... Read Answer