V Jonas Urba
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Answers Posted By V Jonas Urba
Answer to am i eligible for UI benefits if my employer gave me 2 weeks notice with pay?
After you exhaust your pay you "should" be eligible assuming you meet the other requirements. If you are paid for 2 weeks then after 2 weeks you should be eligible as long as the loss of your job is not considered to be attributed to you or because of something you did or failed to do. Your employer will not make that determination. That is for the Department of Labor to decide. The DOL will ask for statements from you and your employer. They are entitled to documents. If you signed some type of separation agreement they will review that. Employer and employee have a duty to cooperate with the DOL. If either one does not do so or misleads the DOL bad things will happen.posted Feb 9, 2018 1:15 PM [EST]
Answer to My boss granted me vacation time but has not given me hours after I returned, do I have rights here?
Apparently you are not a union member. You would grieve that if you were.You say you are losing money on this site. That sounds like you still receive at least minimum wages plus overtime if you worked over 40. Otherwise you would file for unemployment correct?
Given the limited facts you give look for another job or contact one of us employment lawyers for a consultation. You do have rights not to be discriminated (those are not your facts) and to be paid at least minimum wage for all worked hours and to collect unemployment if your pay has been cut so much that it is a substantial reduction in pay and you need to seek other work.
Call some employment lawyers before you possibly make the wrong decision.
posted Jan 20, 2018 12:01 PM [EST]
It is legal unless it is being done to discriminate against you. For example if you were the oldest manager or you belonged to a religion not accepted or you were disabled or you belong to some other protected class of employee and other managers were not being made hourly it might be illegal.
Often hourly employees earn more with overtime pay. Many salaried employees should be paid hourly. Depending on your duties you could potentially be entitled to 6 years of back pay if your duties or responsibility was not truly managerial. For example a bookkeeper who was called a manager and paid salary could potentially recover up to 6 years of overtime pay for all the hours they worked more than 40 a week plus other damages. Usually with legal counsel who will be paid by your employer if you win.
Call an employment lawyer if you think that you exercised no discretion or independent judgment in your job duties and that you should have been paid overtime. Then you should have some time while working to look for another job. They can not retaliate against you for hiring a lawyer to recover unpaid overtime.
posted Jan 18, 2018 08:53 AM [EST]
Often hourly employees earn more with overtime pay. Many salaried employees should be paid hourly. Depending on your duties you could potentially be entitled to 6 years of back pay if your duties or responsibility was not truly managerial. For example a bookkeeper who was called a manager and paid salary could potentially recover up to 6 years of overtime pay for all the hours they worked more than 40 a week plus other damages. Usually with legal counsel who will be paid by your employer if you win.
Call an employment lawyer if you think that you exercised no discretion or independent judgment in your job duties and that you should have been paid overtime. Then you should have some time while working to look for another job. They can not retaliate against you for hiring a lawyer to recover unpaid overtime.
posted Jan 18, 2018 08:53 AM [EST]
New York State Department of Labor requires that your employer maintain your deduction authorization agreement in your file. If your employer either did not obtain an authorization from you or can not provide you with the written terms of such authorization your best shot may be to file a complaint with NY Department of Labor wage and hour division. Good luck. Here's Section 193 of NY's Labor Law.
Labor
§ 193. Deductions from wages. * 1. No employer shall make any deduction from the wages of an employee, except deductions which:
a. are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency including regulations promulgated under paragraph c and paragraph d of this subdivision; or
b. are expressly authorized in writing by the employee and are for the benefit of the employee, provided that such authorization is voluntary and only given following receipt by the employee of written notice of all terms and conditions of the payment and/or its benefits and the details of the manner in which deductions will be made. Whenever there is a substantial change in the terms or conditions of the payment, including but not limited to, any change in the amount of the deduction, or a substantial change in the benefits of the deduction or the details in the manner in which deductions shall be made, the employer shall, as soon as practicable, but in each case before any increased deduction is made on the employee's behalf, notify the employee prior to the implementation of the change. Such authorization shall be kept on file on the employer's premises for the period during which the employee is employed by the employer and for six years after such employment ends. Notwithstanding the foregoing, employee authorization for deductions under this section may also be provided to the employer pursuant to the terms of a collective bargaining agreement. Such authorized deductions shall be limited to payments for:
(i) insurance premiums and prepaid legal plans;
(ii) pension or health and welfare benefits;
(iii) contributions to a bona fide charitable organization;
(iv) purchases made at events sponsored by a bona fide charitable organization affiliated with the employer where at least twenty percent of the profits from such event are being contributed to a bona fide charitable organization;
(v) United States bonds;
(vi) dues or assessments to a labor organization;
(vii) discounted parking or discounted passes, tokens, fare cards, vouchers, or other items that entitle the employee to use mass transit;
(viii) fitness center, health club, and/or gym membership dues;
(ix) cafeteria and vending machine purchases made at the employer's place of business and purchases made at gift shops operated by the employer, where the employer is a hospital, college, or university;
(x) pharmacy purchases made at the employer's place of business;
(xi) tuition, room, board, and fees for pre-school, nursery, primary, secondary, and/or post-secondary educational institutions;
(xii) day care, before-school and after-school care expenses;
(xiii) payments for housing provided at no more than market rates by non-profit hospitals or affiliates thereof; and
(xiv) similar payments for the benefit of the employee.
c. are related to recovery of an overpayment of wages where such overpayment is due to a mathematical or other clerical error by the employer. In making such recoveries, the employer shall comply with regulations promulgated by the commissioner for this purpose, which regulations shall include, but not be limited to, provisions governing: the size of overpayments that may be covered by this section; the
timing, frequency, duration, and method of such recovery; limitations on the periodic amount of such recovery; a requirement that notice be provided to the employee prior to the commencement of such recovery; a requirement that the employer implement a procedure for disputing the amount of such overpayment or seeking to delay commencement of such recovery; the terms and content of such a procedure and a requirement that notice of the procedure for disputing the overpayment or seeking to delay commencement of such recovery be provided to the employee prior to the commencement of such recovery.
d. repayment of advances of salary or wages made by the employer to the employee. Deductions to cover such repayments shall be made in accordance with regulations promulgated by the commissioner for this purpose, which regulations shall include, but not be limited to, provisions governing: the timing, frequency, duration, and method of
such repayment; limitations on the periodic amount of such repayment; a requirement that notice be provided to the employee prior to the commencement of such repayment; a requirement that the employer implement a procedure for disputing the amount of such repayment or seeking to delay commencement of such repayment; the terms and content
of such a procedure and a requirement that notice of the procedure for disputing the repayment or seeking to delay commencement of such repayment be provided to the employee at the time the loan is made.
* NB Effective until November 6, 2018
* 1. No employer shall make any deduction from the wages of an employee, except deductions which:
a. are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency; or
b. are expressly authorized in writing by the employee and are for the benefit of the employee; provided that such authorization is kept on file on the employer's premises. Such authorized deductions shall be limited to payments for insurance premiums, pension or health and welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization, and similar payments for the benefit of the employee.
* NB Effective November 6, 2018
* 2. Deductions made in conjunction with an employer sponsored pre-tax contribution plan approved by the IRS or other local taxing authority, including those falling within one or more of the categories set forth in paragraph b of subdivision one of this section, shall be considered to have been made in accordance with paragraph a of subdivision one of this section.
* NB Effective until November 6, 2018
* 2. No employer shall make any charge against wages, or require an employee to make any payment by separate transaction unless such charge or payment is permitted as a deduction from wages under the provisions of subdivision one of this section.
* NB Effective November 6, 2018
* 3. a. No employer shall make any charge against wages, or require an employee to make any payment by separate transaction unless such charge or payment is permitted as a deduction from wages under the provisions of subdivision one of this section or is permitted or required under any provision of a current collective bargaining agreement.
b. Notwithstanding the existence of employee authorization to make deductions in accordance with subparagraphs (iv), (ix), and (x) of paragraph b of subdivision one of this section and deductions determined by the commissioner to be similar to such deductions in accordance with subparagraph (xiv) of paragraph b of subdivision one of this section, the total aggregate amount of such deductions for each pay period shall be subject to the following limitations:
(i) such aggregate amount shall not exceed a maximum aggregate limit established by the employer for each pay period;
(ii) such aggregate amount shall not exceed a maximum aggregate limit established by the employee, which limit may be for any amount (in ten dollar increments) up to the maximum amount established by the employer under subparagraph (i) of this paragraph;
(iii) the employer shall not permit any purchases within these categories of deduction by the employee that exceed the aggregate limit established by the employee or, if no limit has been set by the employee, the limit set by the employer;
(iv) the employee shall have access within the workplace to current account information detailing individual expenditures within these categories of deduction and a running total of the amount that will be deducted from the employee's pay during the next applicable pay period. Information shall be available in printed form or capable of being printed should the employee wish to obtain a listing. No employee may be charged any fee, directly or indirectly, for access to, or printing of, such account information.
c. With the exception of wage deductions required or authorized in a current existing collective bargaining agreement, an employee's authorization for any and all wage deductions may be revoked in writing at any time. The employer must cease the wage deduction for which the employee has revoked authorization as soon as practicable, and, in no event more than four pay periods or eight weeks after the authorization has been withdrawn, whichever is sooner.
* NB Effective until November 6, 2018
* 3. Nothing in this section shall justify noncompliance with article three-A of the personal property law relating to assignment of earnings, nor with any other law applicable to deductions from wages.
* NB Effective November 6, 2018
* 4. Nothing in this section shall justify noncompliance with article three-A of the personal property law relating to assignment of earnings, with section two hundred twenty-one of this chapter relating to company stores or with any other law applicable to deductions from wages.
* NB Effective until November 6, 2018
posted Jan 3, 2018 4:10 PM [EST]
Labor
§ 193. Deductions from wages. * 1. No employer shall make any deduction from the wages of an employee, except deductions which:
a. are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency including regulations promulgated under paragraph c and paragraph d of this subdivision; or
b. are expressly authorized in writing by the employee and are for the benefit of the employee, provided that such authorization is voluntary and only given following receipt by the employee of written notice of all terms and conditions of the payment and/or its benefits and the details of the manner in which deductions will be made. Whenever there is a substantial change in the terms or conditions of the payment, including but not limited to, any change in the amount of the deduction, or a substantial change in the benefits of the deduction or the details in the manner in which deductions shall be made, the employer shall, as soon as practicable, but in each case before any increased deduction is made on the employee's behalf, notify the employee prior to the implementation of the change. Such authorization shall be kept on file on the employer's premises for the period during which the employee is employed by the employer and for six years after such employment ends. Notwithstanding the foregoing, employee authorization for deductions under this section may also be provided to the employer pursuant to the terms of a collective bargaining agreement. Such authorized deductions shall be limited to payments for:
(i) insurance premiums and prepaid legal plans;
(ii) pension or health and welfare benefits;
(iii) contributions to a bona fide charitable organization;
(iv) purchases made at events sponsored by a bona fide charitable organization affiliated with the employer where at least twenty percent of the profits from such event are being contributed to a bona fide charitable organization;
(v) United States bonds;
(vi) dues or assessments to a labor organization;
(vii) discounted parking or discounted passes, tokens, fare cards, vouchers, or other items that entitle the employee to use mass transit;
(viii) fitness center, health club, and/or gym membership dues;
(ix) cafeteria and vending machine purchases made at the employer's place of business and purchases made at gift shops operated by the employer, where the employer is a hospital, college, or university;
(x) pharmacy purchases made at the employer's place of business;
(xi) tuition, room, board, and fees for pre-school, nursery, primary, secondary, and/or post-secondary educational institutions;
(xii) day care, before-school and after-school care expenses;
(xiii) payments for housing provided at no more than market rates by non-profit hospitals or affiliates thereof; and
(xiv) similar payments for the benefit of the employee.
c. are related to recovery of an overpayment of wages where such overpayment is due to a mathematical or other clerical error by the employer. In making such recoveries, the employer shall comply with regulations promulgated by the commissioner for this purpose, which regulations shall include, but not be limited to, provisions governing: the size of overpayments that may be covered by this section; the
timing, frequency, duration, and method of such recovery; limitations on the periodic amount of such recovery; a requirement that notice be provided to the employee prior to the commencement of such recovery; a requirement that the employer implement a procedure for disputing the amount of such overpayment or seeking to delay commencement of such recovery; the terms and content of such a procedure and a requirement that notice of the procedure for disputing the overpayment or seeking to delay commencement of such recovery be provided to the employee prior to the commencement of such recovery.
d. repayment of advances of salary or wages made by the employer to the employee. Deductions to cover such repayments shall be made in accordance with regulations promulgated by the commissioner for this purpose, which regulations shall include, but not be limited to, provisions governing: the timing, frequency, duration, and method of
such repayment; limitations on the periodic amount of such repayment; a requirement that notice be provided to the employee prior to the commencement of such repayment; a requirement that the employer implement a procedure for disputing the amount of such repayment or seeking to delay commencement of such repayment; the terms and content
of such a procedure and a requirement that notice of the procedure for disputing the repayment or seeking to delay commencement of such repayment be provided to the employee at the time the loan is made.
* NB Effective until November 6, 2018
* 1. No employer shall make any deduction from the wages of an employee, except deductions which:
a. are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency; or
b. are expressly authorized in writing by the employee and are for the benefit of the employee; provided that such authorization is kept on file on the employer's premises. Such authorized deductions shall be limited to payments for insurance premiums, pension or health and welfare benefits, contributions to charitable organizations, payments for United States bonds, payments for dues or assessments to a labor organization, and similar payments for the benefit of the employee.
* NB Effective November 6, 2018
* 2. Deductions made in conjunction with an employer sponsored pre-tax contribution plan approved by the IRS or other local taxing authority, including those falling within one or more of the categories set forth in paragraph b of subdivision one of this section, shall be considered to have been made in accordance with paragraph a of subdivision one of this section.
* NB Effective until November 6, 2018
* 2. No employer shall make any charge against wages, or require an employee to make any payment by separate transaction unless such charge or payment is permitted as a deduction from wages under the provisions of subdivision one of this section.
* NB Effective November 6, 2018
* 3. a. No employer shall make any charge against wages, or require an employee to make any payment by separate transaction unless such charge or payment is permitted as a deduction from wages under the provisions of subdivision one of this section or is permitted or required under any provision of a current collective bargaining agreement.
b. Notwithstanding the existence of employee authorization to make deductions in accordance with subparagraphs (iv), (ix), and (x) of paragraph b of subdivision one of this section and deductions determined by the commissioner to be similar to such deductions in accordance with subparagraph (xiv) of paragraph b of subdivision one of this section, the total aggregate amount of such deductions for each pay period shall be subject to the following limitations:
(i) such aggregate amount shall not exceed a maximum aggregate limit established by the employer for each pay period;
(ii) such aggregate amount shall not exceed a maximum aggregate limit established by the employee, which limit may be for any amount (in ten dollar increments) up to the maximum amount established by the employer under subparagraph (i) of this paragraph;
(iii) the employer shall not permit any purchases within these categories of deduction by the employee that exceed the aggregate limit established by the employee or, if no limit has been set by the employee, the limit set by the employer;
(iv) the employee shall have access within the workplace to current account information detailing individual expenditures within these categories of deduction and a running total of the amount that will be deducted from the employee's pay during the next applicable pay period. Information shall be available in printed form or capable of being printed should the employee wish to obtain a listing. No employee may be charged any fee, directly or indirectly, for access to, or printing of, such account information.
c. With the exception of wage deductions required or authorized in a current existing collective bargaining agreement, an employee's authorization for any and all wage deductions may be revoked in writing at any time. The employer must cease the wage deduction for which the employee has revoked authorization as soon as practicable, and, in no event more than four pay periods or eight weeks after the authorization has been withdrawn, whichever is sooner.
* NB Effective until November 6, 2018
* 3. Nothing in this section shall justify noncompliance with article three-A of the personal property law relating to assignment of earnings, nor with any other law applicable to deductions from wages.
* NB Effective November 6, 2018
* 4. Nothing in this section shall justify noncompliance with article three-A of the personal property law relating to assignment of earnings, with section two hundred twenty-one of this chapter relating to company stores or with any other law applicable to deductions from wages.
* NB Effective until November 6, 2018
posted Jan 3, 2018 4:10 PM [EST]
Unemployment? When you file with the Department of Labor, probably on line, they will ask you.
Tell them everything the way it happened. It's hard not to get unemployment in New York. But if you misrepresent anything it's easy to be denied. Even on the phone. DOL's unemployment hearing officers have heard it all. Be honest and good luck.
posted Dec 27, 2017 2:15 PM [EST]
Tell them everything the way it happened. It's hard not to get unemployment in New York. But if you misrepresent anything it's easy to be denied. Even on the phone. DOL's unemployment hearing officers have heard it all. Be honest and good luck.
posted Dec 27, 2017 2:15 PM [EST]
If you are an at will employee then it may be good that you still have a job?
Unless you are being discriminated. Any employee who alleges that has to prove it.
Maybe look for another job without telling anyone. Maybe while you are looking observe whether others who are not in your protected class are treated better.
It sounds like maybe your supervisor likes you? Many times getting put on a PIP means getting fired soon. Try your best to do good work.
If someone in another "class" of employee has less education or less experience or fewer skills and they are treated better pay attention to who those people are and consult with an employment lawyer if you believe it is discrimination and not because someone who replaced you is faster or better at that particular job.
If a law firm put me in tax law I would be terrible at it. I do employment law because I like it and a lot of people tell me I do it well. Find what you love and become great at it!
posted Dec 21, 2017 05:51 AM [EST]
Unless you are being discriminated. Any employee who alleges that has to prove it.
Maybe look for another job without telling anyone. Maybe while you are looking observe whether others who are not in your protected class are treated better.
It sounds like maybe your supervisor likes you? Many times getting put on a PIP means getting fired soon. Try your best to do good work.
If someone in another "class" of employee has less education or less experience or fewer skills and they are treated better pay attention to who those people are and consult with an employment lawyer if you believe it is discrimination and not because someone who replaced you is faster or better at that particular job.
If a law firm put me in tax law I would be terrible at it. I do employment law because I like it and a lot of people tell me I do it well. Find what you love and become great at it!
posted Dec 21, 2017 05:51 AM [EST]
Pay them for the entire notice period and then resignation is voluntary limitation of income. No benefits. Make sure they can not argue that they would have been laid off or fired anyway. You would have kept them.
posted Dec 18, 2017 08:00 AM [EST]
posted Dec 18, 2017 08:00 AM [EST]
Pay them for the entire notice period and then resignation is voluntary limitation of income. No benefits. Make sure they can not argue that they would have been laid off or fired anyway. You would have kept them.
posted Dec 18, 2017 07:59 AM [EST]
posted Dec 18, 2017 07:59 AM [EST]
Answer to Can I refused to work on a shift that I did not sign for? I'm a Per Diem staff.
Are you an "at will" employee. Most employees are.1) You may not if your union agreement requires you to work.
2) You may not if you are a civil servant and a local, state, or federal rule or regulation over civil servants requires you to work.
3) You may not if your written employment agreement (sometimes there are restrictive covenants and non-compete provisions in them) requires you to work.
Otherwise you can do whatever you wish to do as can your employer. Employees at will can leave or be fired for a good, a bad, or no reason at all. If you refuse, lose your job because you abandoned or quit it, you may not receive unemployment.
posted Dec 16, 2017 5:38 PM [EST]
Answer to If an employee gives their two weeks notice and then retracts it, do I need to accept it?
At will employees are at will. They serve at the pleasure of the employer. When they give 2 weeks notice and you pay them for the 2 weeks unless they had "Good cause" to quit ( could include treating them or paying them illegally such as salary when they should be paid hourly) they usually are not entitled to unemployment.On the flip side, if they now realize the job market is tough, and they want to keep working, and you decline, then their loss of work will most likely not be their fault and the state DOL will probably almost certainly award them unemployment benefits.
If they are a good worker keep them. If any employee gives 2 weeks notice and you want them gone ASAP make sure to pay them the full 2 weeks and document the circumstances and facts.
posted Dec 13, 2017 08:16 AM [EST]