Employment Law

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We hired a sales consultant on an independent contractor
Hi we hired a sales consultant on an independent contractor basis to work for us in New York. In the very first week, we suspected he was not working for us as expected. He started claiming money for … read more
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we are hiring a live in caregiver for my mom. What are the payment rules? How many hours of pay at regular rate, and OT and during sleep time? This is not 24hr care.. just live in. … read more
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I was a 1099 contractor that was let go and still owed
Hi, I was a 1099 contractor that was let go and still owed 7,500.00. The employer is trying to string out payment for 90 days, 1,250 every two weeks. Doesn't he have to pay the full amount with in 72 … read more
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Is it legal for an employer who hired an employee as FT
Is it legal for an employer who hired an employee as FT Salaried (in-office) but misclassified exemption as Exempt when the employee was actually non-exempt, to then change them to hourly and change t… read more
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I am an independent contractor promotional company in New
I am an independent contractor for a promotional company in New York State. We have to submit our hours worked every week to the owner of the company. I recently submitted my two weeks notice to the o… read more
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An employee stole a laptop in New York. He has refused to
An employee stole a laptop in New York. He has refused to return it and says it was stolen from him. Can we withhold a portion of his pay to cover the cost of the laptop? If not, what are our other re… read more
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I want to know if, in the state of Ohio, can a city board
i want to know if, in the state of Ohio, can a city board of health hire a registered sanitarian as an independent contractor to avoid paying into a public retirement system (i.e. pers) or would they … read more
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My company adjusts my hourly pay weekly based on how much the
My company adjusts my hourly pay weekly based on how much the sales people sell. If we are "in the green" I make $12.50 per hour. If we are "in the red" I only make $10.50 per hour. Is it legal for th… read more
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Background Info: (banquet server and bartender in a private
Background Info: (banquet server and bartender in a private country club) 1. Base hourly wage of $4.90 2. Additional wage compensation is obtained by a 20% Gratuity/Service Fee applied to all food/bev… read more
Isaac, Esq.
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If an employee is made manager, enhances sales and customer
If an employee is made manager, enhances sales and customer base, is awarded best in the chain, works late in the evening to ready for large events, buys her own supplies for the store because the own… read more
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Can an hourly paid employee do a second different job at the
Can an hourly paid employee do a second different job at the same company at a salary rate? Does it become a problem if they work 40 + or - hours as far as time and a half goes? We currently have empl… read more
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In a claim with the NY Dept of Labor regarding improper deductions
In a claim with the NY Dept of Labor regarding improper deductions from an hourly employees paycheck, would the employer be asked to show time keeping records to justify the hours paid? Or can the emp… read more
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I own a pest control company & I pay my tech 15% on the production/10%
I own a pest control company & I pay my tech 15% on the production/10% on new sales. It has brought to my attention that I also might have to guarantee him the hourly during those times he is not prod… read more
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I hired an employee off the books, paid her cash at her say-so.
I hired an employee off the books, paid her cash at her say-so. I wanted to put her on the books but she insisted, as she was collecting unemployment from New York state. Are there any fines or legal … read more
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Hired a service man to work for my company six days a week(48 hours a week),paid him $1500.00 every two weeks,his pay stub does"t show overtime payments,now that he is laid off,he wants overtime… read more
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I just started working for a company (in home sales) and my
I just started working for a company (in home sales) and my employer has me working from 9am until 10 pm 5 days a week and then I'm expected to place fliers on doors on the weekends. I'm supposedly re… read more
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I am confused now. I have two sales people that I am assuming
I am confused now. I have two "sales people" that I am assuming are "non-exempt". They are both salaried. Are you saying I am supposed to be paying them overtime if they work over 40 hours a week? I t… read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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