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Questions tagged [labor-law]

For questions about groups in the workforce. Consider [employment] for questions concerning individuals in the workplace.

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Bob works as an animal keeper ("Tierpfleger") per work contract for a little over 2 years now. The company provides animal therapies and some sort of gardening therapies and also has a shop ...
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3 answers
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This question is related to this one. It has made the news in teacher circles that the education department in South Africa now wants to install a policy whereby teachers' fingerprints are taken as ...
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Can employees in a workplace be fired for an attempt to unionize? Would that be legal?
Neil Meyer's user avatar
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There are many employees in the US who are not technically employed by the firm they actually perform work for (the "end" employer). The person is technically employed by some contracting ...
Him's user avatar
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I wrote a computer script to solve a business problem of many customers. I gave my efforts outside job hours and wrote the script. After the script was ready, I circulated it within my Company via ...
Rohit Kumar's user avatar
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I'm seeing conflicting information online about if benefits are reduced by severance payments that begin more than 30 days after separation, but NY labor law says: Dismissal pay. (a) No benefits shall ...
Octavian's user avatar
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Can the Federal Work-Study program be terminated by executive action, without an act of Congress?
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In California, you are entitled to 2 uninterrupted 10 minute rest breaks and a 30 minute uninterrupted lunch break on a normal 8 hour shift. However, if you work in a location that has security ...
Inquisitorial's user avatar
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My wife is part of a nursing union. Her employer and union negotiated a side agreement 11 years ago that contradicted the signed bargaining agreement. This side agreement was never shown to the ...
user68511's user avatar
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US labor laws require businesses to post various posters in their offices, informing employees of various matters regarding employment law. But over the past several years, we've seen the rise of &...
Mason Wheeler's user avatar
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I was watching the TV show Alone, and it got me thinking. I think the show pits 10 contestants against each other in a survival competition, where the last person standing wins $500,000. But it struck ...
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Not for legal advice and any advice is strictly to clarify my thoughts... Located in south NJ. I have a small orchard in my backyard. I put a lot of hard work, time & amendments as I only plant ...
Joseph Wit's user avatar
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2 answers
1k views

Is it legal to give prospective employees an IQ test? Suppose that the job requires one to be intelligent and/or a quick learner. (I'm primarily interested in the US, but I'm curious about other ...
MWB's user avatar
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What (new) legal principles can guide the necessary changes in social-economic (tax, social, labour) law due to AI transformation of economy and work? I would prefer research trends, authors and ...
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A company has a time tracking system that just tracks billable hours for customers. Sick leave and public holidays are not automatically tracked or calculated for time tracking purposes. If an ...
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I came across this link: US Department of Labor - Fair Labor Standards Act Advisor It says: The Fair Labor Standards Act (FLSA) sets 14 as the minimum age for most non-agricultural work. However, at ...
Nathan Wailes's user avatar
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In states within the United States (pick Arizona for example), what is a labor union? I'm not looking for the "organization that represents employees" answer. I'm looking for the legal ...
Eliter's user avatar
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I'm writing this in behalf of another person, let him be John. John is a licensed (university degree) healthcare professional working in the UK. He is having problems with a co-worker, and these ...
Martel's user avatar
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I read on the Workplace SE people mention being full-time employees employed as independent contractors. What would be the legal consequences of doing so? I'm under the impression that contract work ...
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Is an employer deducting union dues committing wage theft, if the employee is not a union member?
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If you report your employer for wage theft, do you have to provide evidence you hold no shares and therefore FLSA applies? How do you convince your manager to confirm you have no shares without making ...
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There is plenty of information already for an elderly dad hiring a caregiver as a household employee in California such as this check list for California tax and labor laws. And this check list is ...
GratefulDisciple's user avatar
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I'm trying to figure out if I am covered under NY law for purposes of triggering the WARN Act (and potentially seeking damages with a class action). I was recently laid off, along with 50+ employees, ...
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As you know, in the United States, contractors and employees are very different. The contractors do work, but often do NOT receive any health insurance. I was reading that the term principle is used ...
Samuel Muldoon's user avatar
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1 answer
134 views

In the state of Colorado, there are various small "home rule municipalities" which supposedly exercise a certain amount of self-governance. In a home rule municipality, can an employer ...
Samuel Muldoon's user avatar
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A company has branches in many countries, one of them being Portugal. Some time ago, Jon relocated from the branch in Country A, to the Portuguese branch of the same company. Jon had to sign that he ...
Dusan Milosevic's user avatar
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2 answers
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Is it possible for a paid worker to neither be an employee nor a contractor? Is there some other category or classification, or must the worker be one or the other? In general people talk about ...
StumpTheCheff2's user avatar
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2 answers
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I had worked as an employee for an organization. I had signed standard paperwork before starting, including an employment agreement that had their name on it. I latter found out that the organization ...
StumpTheCheff2's user avatar
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3 answers
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I'm reflecting on my experiences from many years ago, when I worked in a restaurant in California. A common shift would have me clock in at 11am, work until 640pm, then punch out for two consecutive ...
Izzy's user avatar
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28 votes
2 answers
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Employers are generally not allowed to coordinate in any way which limits the normal competition for employees. Further, trade associations are not generally permitted to act in ways which would ...
retriever123's user avatar
3 votes
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I'm particularly interested in the context of current WGA/SAG-AFTRA strike in the US, but this is a general question. If some business amid a union strike would terminate its agreement with a union, ...
ambidexter2017's user avatar
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2 answers
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As the title says: A coworker and I had recently made a mistake at work. In response to this, our manager decides we have to work for two extra hours on our next shifts unpaid. Is this legal? I work ...
Cdoy's user avatar
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2 answers
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Normally the amount of severance pay is calculated based on the most recent past several weeks (8 in this example). What if there is an upcoming major change to the employees schedule right around the ...
StumpTheCheff2's user avatar
2 votes
2 answers
216 views

If an independent contractor works for a company who assigns him shifts, can the company cancel the assigned shifts without warning or reason and effectively terminate the relationship? Assume there ...
StumpTheCheff2's user avatar
44 votes
2 answers
3k views

Over on main meta, on the post containing a statement from Stack Overflow about the current moderator action, there was a brief edit war over the inclusion (or not) of the word "strike" in ...
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-2 votes
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This is a theoretical situation. A person had worked at a retail store. He was terminated without cause and with severance. A few years later the same person is working for a marketing company on a ...
StumpTheCheff2's user avatar
3 votes
0 answers
193 views

The Department of Labor very clearly states that an employer may not take tip money for themselves from employees. But what if the employer cuts a specific employee off from the tip pool for ...
cheezsteak's user avatar
2 votes
2 answers
503 views

In the case where an Illinois resident holds two full-time jobs (e.g.remote jobs) without the knowledge of either company and Company A becomes aware of this. Surely, Company A will rightfully ...
User089723's user avatar
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There is a law called FMLA or the Family Medical Leave Act. A friend of mine makes the following two claims about it: A person who has an unexpected medical problem (such as a stroke) can use this ...
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12 votes
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This paper (PDF file) gives the following example of a typical no-strike clause in a collective bargaining agreement in the United States (the paper is from 1984, so I'm not sure to what extent it ...
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25 votes
2 answers
5k views

I have a friend in a high school computer science course in Texas. This is a course required for graduation and is not a volunteer thing. Apparently, the teacher is having the students develop an ...
ShardFenix's user avatar
4 votes
1 answer
502 views

Let's assume an employer has a use-it-or-lose-it vacation policy that allows employees to carry over 40 hours of vacation time from one year to the next. An employee ends the year with 60 hours of ...
asgallant's user avatar
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3 votes
2 answers
401 views

Person who is applying for an asylum is not able to work in the US without an Employment Authorization Document (EAD). That person can apply for EAD 150 days after applying for asylum, and it will be ...
Curious George's user avatar
1 vote
1 answer
287 views

Mr.X is on H1B status with Company A. Company A pays Mr.X regular monthly salary, as standard H1B Employer/Employee relationship. Mr.X actually works as a Contractor for an end client, let's say End ...
Bob Esty's user avatar
7 votes
2 answers
906 views

The German news reports that the employer and employee representatives have reached a new collective labour agreement covering metal and electricity industries. I was surprised by on aspect of the ...
gerrit's user avatar
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1 vote
1 answer
236 views

A hypothetical: Company A has 10 employees who work "at-will" making $100k/yr and 1 owner who keeps 100% of all net profits. The employees of Company A decide to Unionize. Exclude other ...
EDS's user avatar
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2 votes
0 answers
65 views

Is being on the driver's seat of a SAE J3016 level 3 road vehicle (i.e. a motor vehicle defined by a third-party standards agency as having "Conditional Driving Automation") considered ...
Torsten Knodt's user avatar
3 votes
2 answers
440 views

Ontario Labour laws state: An employee must not work for more than five hours in a row without getting a 30-minute eating period (meal break) free from work. However, if the employer and employee ...
Phinet's user avatar
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1 vote
4 answers
941 views

I am a union construction worker. Under my agreement with the union, I agree to be sent where the union sees fit, and not quit. (I'm an apprentice.) Having recently completed a job, the contractor ...
j0h's user avatar
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-1 votes
1 answer
135 views

Is it legal for a private pre-school to ask preschoolers to take-turns to wash everyone's lunch dishes in the kitchen on behalf of all other students? It was a rotational. It was not singling out a ...
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