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New York Employment Legal Questions

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321 legal questions have been posted about labor and employment by real users in New York. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
New York Employment Questions & Legal Answers - Page 8
Do you have any New York Employment questions page 8 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 321 previously answered New York Employment questions.
Labor and Employment
New York

Recent Legal Answers

Is it legal to work 367 days from 8:30 am to 8 pm without a day off as a GM for a fast casual restaurant? Please advise

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
If you were paid overtime and in an amount above minimum wage then it is "legal".
If you were paid overtime and in an amount above minimum wage then it is "legal".

Can my job force me to get a flu shoot

Answered 9 years and 4 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
No.  You cannot be forced, especially if you asset a religious objection.  But, they can fire you for not doing it, unless you have a contract.
No.  You cannot be forced, especially if you asset a religious objection.  But, they can fire you for not doing it, unless you have a... Read More

In order to keep up with the workload, employees work through lunch. Should we be compensated for this?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
It depends if there is a contract.  If not, then employees only need to get minimum wage and work 40 hours or less.  If this work makes it over 40 hours, then overtime is required to be paid.
It depends if there is a contract.  If not, then employees only need to get minimum wage and work 40 hours or less.  If this work makes it... Read More

If you're fired from your job and the department of labor rule in favor of you can you sue

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
Yes, but the Departement of Labor should have a judgment on your behalf already.
Yes, but the Departement of Labor should have a judgment on your behalf already.

Do I have the right to be compensate for performing duties that are not in my job description?

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
You are entitled to what your contract says.  If you have no contract, your "right" is minimum wage measured by the hours worked.
You are entitled to what your contract says.  If you have no contract, your "right" is minimum wage measured by the hours worked.

every time I am on sick leave I do not get paid leave even with a doctors note

Answered 9 years and 5 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
While you cannot be fired for being sick, there is no requirement to be paid for not showing up and working.
While you cannot be fired for being sick, there is no requirement to be paid for not showing up and working.

My LANDLORD was also my BOSS- had a 4 year working relationship/getting worse. since march I was working NONPAID. Now I face eviction. He's a CROOK

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   2 Answers   |  Legal Topics: Employment
You have raised many issues.  For wage claims and overtime issues, call the NYS Department of Labor and file a claim.  For the eviction, you have a defense but need to assert it in landlord/tenant court.  If you have been served with papers you must respond or the eviction will just happen.... Read More
You have raised many issues.  For wage claims and overtime issues, call the NYS Department of Labor and file a claim.  For the eviction,... Read More

Termination

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
It depends on the agreement you are referencing, and what you did.  If the agreement says what you say, I think you might have a case.
It depends on the agreement you are referencing, and what you did.  If the agreement says what you say, I think you might have a case.

Should I persue this matter in court?

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
You can sue.  Obviously you have evidence issues, but if you do nothing you get nothing, which is the worst case scenario if you lose.  It will be your testimony against hers, and it is not credible you did it for free.
You can sue.  Obviously you have evidence issues, but if you do nothing you get nothing, which is the worst case scenario if you lose.  It... Read More

Question about worker compensation &

Answered 9 years and 6 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
You definitely have a claim.  Call a Worker's Compensation attorney ASAP.  It is free to you as these cases are handled on contingency.
You definitely have a claim.  Call a Worker's Compensation attorney ASAP.  It is free to you as these cases are handled on contingency.

I am a super of a building and being currently kicked out without notice. can i sue for moving expenses?

Answered 9 years and 7 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
It depends on what your contract says.  As a matter of law, no.
It depends on what your contract says.  As a matter of law, no.

Do you consider this retaliation?

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
After you are terminated, contact an employment lawyer.  Whether you have a claim will be determined by what is in your record.
After you are terminated, contact an employment lawyer.  Whether you have a claim will be determined by what is in your record.

Working 7 days a week

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
Are you being paid overtime?  Are you paid hourly or on salary?
Are you being paid overtime?  Are you paid hourly or on salary?

Where do I stand in this situation???

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
You can sue her.  An oral contract is enforceable.  However, she will not agree it was the understanding unless you have it in writing.  Unless you have some witnesses, etc., it is a 50/50 type case.  The judge will have to believe one of you.
You can sue her.  An oral contract is enforceable.  However, she will not agree it was the understanding unless you have it in writing.... Read More

on call pay

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
If you have an employment contract it is legal. 
If you have an employment contract it is legal. 

Offer Letter vs Contract

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
If you signed something, that will govern.  If it is not a contract, what is it?  I will depend on the whole document.
If you signed something, that will govern.  If it is not a contract, what is it?  I will depend on the whole document.

Is there a law, state or federal the does not allow me to tell my employee how to dress

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
You can set any policies you want, and if not followed, you can fire the employee.  The problem is that since this is not a written policy (as you are a small business) and dress tends to follow gender, there is always a risk that the firing would be deemed gender related.  Therefore, start with a written memo as to what you want, without threats, and make sure the policy goes to everyone.... Read More
You can set any policies you want, and if not followed, you can fire the employee.  The problem is that since this is not a written policy (as... Read More

Non-Compete Agreement after Termination of employment?

Answered 9 years and 8 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
You should not sign the agreement.  There are no damages here.  They fired you.  I think they are bluffing.
You should not sign the agreement.  There are no damages here.  They fired you.  I think they are bluffing.

Noncompete agreement

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
If you never signed, then it cannot be used against you.  The issue is who owns your designs -- you or the company.  Even without an agreement, the company would argue you cannot take proprietary work product developed on their time and money to a competitor.  This can be a complicated issue.  You can investigate your options, but make sure any new employer will indemnify you for any claims like this that are made.... Read More
If you never signed, then it cannot be used against you.  The issue is who owns your designs -- you or the company.  Even without an... Read More

Will I lose my health insurance if I'm made parttime and am pregnant, due in 2 months

Answered 9 years and 9 months ago by attorney Sharon M. Siegel   |   1 Answer   |  Legal Topics: Employment
You will lose your health insurance.  You can elect COBRA, and your pre-existing condition will not stop you from getting other insurance, but if you switch to part time your employer does not have to cover you.
You will lose your health insurance.  You can elect COBRA, and your pre-existing condition will not stop you from getting other insurance, but... Read More
Labor and Employment
New York

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