Answers Posted By Jim Barna
Truck Driver, thanks for the question.
With regard to employment In New York, there are statutes that regulate things like wages, working conditions, and medical leave. But with regard to many employee benefits, such as vacation, sick leave, and retirement benefits, the statutes do not require that these be provided. Most employers provide these benefits because they know that they compete with other business to attract and keep employees. This is particularly true in the transportation industry, where growing companies often provide comprehensive benefits to attract employees.
Your employer is not required to provide vacation time, paid or unpaid; but you don't need to stay at an employer that doesn't provide paid vacation. Start looking at your options and get a better job. There are many truck driver jobs available in New York.
posted Jul 15, 2016 06:17 AM [EST]
With regard to employment In New York, there are statutes that regulate things like wages, working conditions, and medical leave. But with regard to many employee benefits, such as vacation, sick leave, and retirement benefits, the statutes do not require that these be provided. Most employers provide these benefits because they know that they compete with other business to attract and keep employees. This is particularly true in the transportation industry, where growing companies often provide comprehensive benefits to attract employees.
Your employer is not required to provide vacation time, paid or unpaid; but you don't need to stay at an employer that doesn't provide paid vacation. Start looking at your options and get a better job. There are many truck driver jobs available in New York.
posted Jul 15, 2016 06:17 AM [EST]
Answer to Asked 3 questions and no responses for months. Anyone out there?
What were your question?posted Mar 25, 2016 07:08 AM [EST]
Answer to My offer letter states that my regular hourly shift is 7.5 hours but I worked 8, is that overtime?
Jim BarnaSyracuse Employment Law
Costello, Cooney & Fearon
Thanks for the question. In New York employees are entitled to overtime for all hours worked over forty in a work week. There is no legal issue of you working 7.5 hours or 8 hours, unless it adds up to more than 40 hours for the week. All hours over forty are compensated at 1 1/2 times the hourly rate.
If you are not in a union, don't have a written contract, or are not a government employee, your boss can change your schedule at his discretion.
Jim Barna
posted Feb 23, 2016 3:28 PM [EST]
Answer to can earned vacation time be taken away from an employee in new York state
Unlike most states, in New York vacation benefits are not considered to be part of an employee's compensation, so if the employee does not have a contract of employment, and is not a member of a labor union, the vacation pay policy can be changed or eliminated at will by the employer. The employee can demand to be made whole for the loss of vacation, but if that is denied, the employee's only recourse is to leave the bank's employment.Let me know if you have an employment contract or are a member of a union.
Jim Barna, Esq.
posted Dec 3, 2014 07:55 AM [EST]
Answer to I am my grandfather primary caregiver
The Family and Medical Leave Act (FMLA) is complicated, but this answer is simple. Under the FMLA a covered employee can take leave for his or her own serious health condition, and for the serious health condition of his or her child, spouse, or parent (but not in-law).The health condition of a grandparent does not trigger the benefits of the FMLA.
Your employer is correct that you are not eligible for the FMLA in this situation.
posted Sep 29, 2014 2:59 PM [EST]
Answer to Can my employer open up an FMLA claim for me without my approval after an on the job injury?
Your question raises two issues.If your friend was hurt on the job, her employer has to accept her workers' compensation claim. The employer cannot refuse to take the claim. Although if it turns out that the injury did not happen at work, the claim will be invalid.
With regard to FMLA, it is permissible for the employer to treat the absence as both workers' compensation and FMLA leave, if it applies this policy uniformly. Both the workers' compensation law and the FMLA have provisions to discourage employers from terminating employees who are receiving benefits, but the FMLA protections are much stronger.
Jim Barna
posted May 22, 2013 1:58 PM [EST]
Answer to How to get copy of a signed non-compete aggreement from former employer
This is a good question as former employers sometimes bluff former employees into thinking that there is a valid noncompetition agreement when there may not be an applicable agreement.The best way to get information about the agreement is to send a letter to the former employer requesting information about the agreement and CC it to your personal attorney (make sure that it is apparent from the letter that it is going to your attorney). Follow up with the former employer a few days after they have received the letter. They should be willing at that point to give you a copy of the agreement, or to admit that there is no binding agreement.
Barring that, a letter directly from your attorney should do the trick.
posted Feb 16, 2012 11:01 AM [EST]
Answer to Why am I hourly and not salary like the other AP person in my department?
Just to be sure, by A/P you mean accounts payable?Thanks,
Jim Barna
posted Apr 25, 2011 08:12 AM [EST]
Answer to cancer screening
I appreciate your inquiry regarding this issue.The Family & Medical Leave Act works in a fairly formulaic manner. The facts of the given leave situation are plugged into the requirements of the statute and regulations, and a determination is made whether a leave request is covered by the statute or not. A leave is only covered by the statute if it involves a “serious health condition.” A “serious health condition” is defined under the statute as an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in a hospital, hospice, or residential medical care facility; or (B) continuing treatment by a health care provider. FMLA Section 101(11). The DOL's regulations further provide that "continuing treatment by a health care provider" must include either (1) a period of incapacity lasting more than three consecutive calendar days and treatment two or more times by a health care provider, or (2) treatment by a health care provider on one occasion resulting in a regimen of continuing treatment under the provider's supervision (see App. II, 29 C.F.R. § 825.114(a)(2)(i)).
Generally, preventative screening is not be considered a serious health condition under the statute. However, if your periodic cancer screening was because of a prior diagnosis of cancer than it could be a serious health condition under the “continuing treatment” criterion.
Regarding the specific FMLA form, and your discipline, you can request that the form be amended by your health care provider, which could undo the discipline. Or if you are a union member, you could file a grievance because of this situation.
posted Mar 2, 2011 08:21 AM [EST]
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