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Recent Child Labor questions
Can a child under 18 years old perform mechanic technicians
Can a child under 18 years old perform mechanic technicians duties in an automotive service and repair shop in California, like working on vehicles that are lifted, operating brake lathe or lifting vehicles to perform oil and filter changes?
Hello im 16 in chicago illinois and was wondering what is the
Hello im 16 in chicago illinois and was wondering what is the legal time i should be out of work because my recent employer(i quit) kept me past 11 pm and some days i would clock out around 11:30 pmI just got a job at a new place and they tell me im a minor and cant stay past 10 pm so i just found out i couldnt stay past 10 when i was doing it the whole time at my recent employer while i was not aware of the work curfew? I guess we can call it that please let me know if what my recent employer did is illegal and if i have any right or what not to take them to court (Multi million dollar maybe billion dollar company or business or what its called)
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
Im helping a friend here that quit working for one company
I'm helping a friend here that quit working for one company and quit last month, moving to different company as subcontractor.He's been working for 10 years for them as a subcontractor and was receiving 1099 for 10 years. In 2008 company made him sign non-compete employee / employer agreement with 3 years validity after work terminationHe's been working for all these years in marketing department.He's compensation was commission based, percentage of gross sales at venues he booked.Since he was also a regional manager at one of the company's satellite office he also received commission based compensation from venues that were booked in his region.At one point company paid him hourly compensation for less then year in 2009 what was also 1099 based.In recent years he started to notice things weren't right within the company ( possible illegal ).- he had a sales agreement with different vendors, when the gross sales where pretty high he's commissions were cut and not honored as agreed based on the contract he booked.Company was paying him in cash frequently as well as other people that were subcontractor's to company . Company failed to provide correct compensation amount on 1099 forms for multiply subcontractors. In most cases 1099 would be stating lower income than subcontractor actually received. not sure if that really matters but I thought I will share all info that might appear as useful.He also noticed in recent years how company defrauds the clients but understating actual gross sales.For example last year he had client that he sign the contract with for company promising client 30% gross sales compensation and $7000 apparel donation to the meet organizer.The proper way of finalizing clients compensation would be to keep the donation agreement separate from gross sales therefore paying 30% in commission and donating $7000 in merchadise, instead he was instructed by company's owner to deduct the $7000 from gross sales and after reducing gross sales, paying the client 30% commission. That type of business practice, cheated meet director's from $2100 additional income that he suppose to receive.He's marketing commission was reduced on many occasions if the sales didn't meet the company's expectations. There was no agreement in place for that type of income reduction.Everyone that works for company besides couple key people as owner himself, his wife ( does marketing as well ), few siblings are W2. Everyone else, even hourly office manager, hourly employees are receiving 1099.For many years company also charged people at venues state taxes but never paid them to states where venues taken place. Only couple years ago that changed that practice, but prior to that all the sales taxes collected ended up in owner's pockets.He also have recorded phone conversation with company owner how they will compensate him for all venues he booked prior to leaving the company what never happened.He left the company after fully discouraged by constant reduced marketing commission based compensation as well as regional director commission based compensation.Over the course of last few years he built some solid relationships / friendships with company's clients. He disclosed to one of them the shady company practices of reducing their compensation as described in example above.After quitting subcontractor's work for that company, he turned over to his friend that runs apperal and brought with him some former clients of the company he used to work with. Since he built the relationships with his former company's clients they willingly chose to work with the new company to who he subcontracted with.After turning over his keys, he's been harassed by previous company's owners, can't sleep at night.He's been called on for the meeting with the company owner where the owner used deceptive practices to mislead him to believe that the owner is trying to work together with him in his new company, selling to him wholesale appear and investing into his new company ( he wasn't aware of it that he is actually a subcontractor to his friend's apparel company. That owner ended up recording entire conversation without his permission and handed it over to his lawyer.Unfortunely he was good friend with Owner and he exaggerated what he does and trying to do.For anyone interested in this case I will disclose the written by lawyer cease to desist letter that incl. recorded conversation. I will also disclose non-compete agreement that he signed in 2008 to make sure if the agreement has any legal power in the court of law.In recent years he noticed company defrauding its clients by stating lower sales at venues what also was affeHe just received a letter of cease and desist type from lawyer representing the company.
My company was approached by a designer to produce graphical
My company was approached by a designer to produce graphical work for us and we loved his portfolio on his website. When we took the next steps to contract with him, we found out he is only 15 years of age. Can we hire him as a vendor or even an employee? We do live in the same state but hundreds of miles apart. This would be a work from his location type of engagement. He does have great references for the work he has done over the last 2 years. My biggest concern is the legality of his employment due to his age, and the child labor laws, and the enforceability of his signature on any non disclosure agreements and/or copyright/work ownership issues with finished projects.
Hello. I recently left an employer after giving a 2 week noticeView more employment law questions
Hello. I recently left an employer after giving a 2 week notice and started with a new company. When I received my final paycheck from the old firm, they deducted $1,500 for a signing bonus that I received when I joined the firm. The offer letter/contract that I signed only mentioned my salary and that I was receiving a $1,500 signing bonus; there was no mention of having to repay if I left the firm. I never signed anything saying that I had to repay, and I also reviewed the employee handbook and there is no mention of it either. Ultimately, my question is, do I have a right to recoup the $1,500, or at least a portion of it. I worked at the firm for 10 month, although, again, there was no mention of having to repay the bonus if I left the firm. Thanks very much for your help.