V Jonas Urba
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Answers Posted By V Jonas Urba
No. There is no "technically" in any aw.
You may pay employees for lunches but the implication is that if an employee is being paid then they should answer calls or do what needs to be done during lunch.
The entire purpose of a lunch break is to give an employee an "uninterrupted" period of rest when they can eat. Most of us who have consciences would feel obligated to answer a phone or sign for a package if we knew we were being paid because it's the right thing to do. When that happens and an employee alleges "wage theft" in New York bad or costly things often happen to employers.
Don't do it. Pay for all time worked plus overtime for hours in excess of 40 per week and keep precise records of all hours worked. No one works exactly 40 or any other number of hours per week.
If you opted to proceed with paying "technically" you would, of course, pay every employee 2.5 hours of overtime pay every single week for those meal periods as an insurance policy in the event that a disgruntled employee ever claimed they had answered e-mails, phones, or texts during their lunch breaks correct?
posted Oct 11, 2017 12:28 PM [EST]
You may pay employees for lunches but the implication is that if an employee is being paid then they should answer calls or do what needs to be done during lunch.
The entire purpose of a lunch break is to give an employee an "uninterrupted" period of rest when they can eat. Most of us who have consciences would feel obligated to answer a phone or sign for a package if we knew we were being paid because it's the right thing to do. When that happens and an employee alleges "wage theft" in New York bad or costly things often happen to employers.
Don't do it. Pay for all time worked plus overtime for hours in excess of 40 per week and keep precise records of all hours worked. No one works exactly 40 or any other number of hours per week.
If you opted to proceed with paying "technically" you would, of course, pay every employee 2.5 hours of overtime pay every single week for those meal periods as an insurance policy in the event that a disgruntled employee ever claimed they had answered e-mails, phones, or texts during their lunch breaks correct?
posted Oct 11, 2017 12:28 PM [EST]
Call some employment lawyers. Some of us serve the entire state of New York.
You do not specify a particular question. Discrimination at the workplace is illegal. Your employer or former employer needs to know or be placed on notice of discrimination.
Do not wait until you are disciplined to report discrimination. Report it when it happens. Good luck. And never miss a filing deadline with the New York State Division of Human Rights or the EEOC. Usually 300 days or 1 year after the adverse employment action (not promoted, fired, etc....) but usually best to retain legal counsel before filing charges, assuming the statute of limitations is not about to run on you.
posted Oct 2, 2017 11:06 AM [EST]
You do not specify a particular question. Discrimination at the workplace is illegal. Your employer or former employer needs to know or be placed on notice of discrimination.
Do not wait until you are disciplined to report discrimination. Report it when it happens. Good luck. And never miss a filing deadline with the New York State Division of Human Rights or the EEOC. Usually 300 days or 1 year after the adverse employment action (not promoted, fired, etc....) but usually best to retain legal counsel before filing charges, assuming the statute of limitations is not about to run on you.
posted Oct 2, 2017 11:06 AM [EST]
Answer to Can you exagerate education credentials
Why take that risk? You can include courses completed in those areas (in a cover letter or on the application) without that risk. The employer can always request a transcript and what would you do then?The easiest way to get rid of an employee is to review their employment application for facts that are not true. Firing someone for that is almost an insurance policy against that action ever being successfully challenged.
posted Sep 27, 2017 1:10 PM [EST]
Answer to Can I misrepresent my age on a job application?
No. Any employee who misrepresents facts on an employment application gives their employer an easy way to fire them. Don't do it.But you can exclude experience from way back on your resume or list only degrees or certificates without dates. If the application asks for dates you need to list them.
Ask the potential employer for more time to complete the application if you need it. You are older. Things take longer. Take it home. Make copies. Sometimes the questions asked are illegal. Speak with an employment lawyer. You might find paying a few bucks was money well spent. And you will know what to look out for once hired.
posted Sep 26, 2017 10:02 AM [EST]
Have you considered retaining an employment lawyer to help you?
I recently helped a civil service employee without threatening litigation or filing any lawsuits or charges. That client knew exactly how much an e-mail response would cost based on how long it was likely to be (1/2 page, full page, multiple pages - with flat rates for each one).
That particular client even offered, and did replenish, their retainer a couple times and was very appreciative when we concluded the matter. No litigation, no threats of litigation, and the matter was resolved as best as could be expected. The most amazing part - I never personally met that client (I have more of those every month).
FMLA is by no means a guarantee of continued employment. I have seen employees return from FMLA only to be told that while they were gone an audit was completed, misconduct was documented from times past, and an employee lost their job for legitimate, non-discriminatory reasons.
Although your facts appear defensible I have worked with civil servants whose supervisors have documented some unbelievable misconduct of their subordinates to either force retirement or threaten loss of benefits due to misconduct.
The smart move is often to spend a little money up front, try to keep your job, and save a whole lot more money in litigation costs and the uncertainty that goes with ADR or trial.
I usually encourage potential clients to shop around. Call several employment lawyers. Listen to what each one tells you. Decide whether you feel their comments helped you. Do they really care? Will they be available when you need them? Maybe start with a smaller retainer and see how it goes. If the lawyer is responsive and is helping you cope keep them on retainer. If not, find another employment lawyer.
Today, we often work almost 24/7. You may get a response at 7 AM or 7 PM including weekends. You feel like someone is by your side almost any time a question pops up.
Civil service jobs and for that matter any decent job is hard to find. Keep a good one while you have it or at least make sure to dot all your i's and cross all your t's while you still work there because trying to do so after you lose a job is often a big challenge and much more costly. Good luck.
posted Sep 24, 2017 1:55 PM [EST]
I recently helped a civil service employee without threatening litigation or filing any lawsuits or charges. That client knew exactly how much an e-mail response would cost based on how long it was likely to be (1/2 page, full page, multiple pages - with flat rates for each one).
That particular client even offered, and did replenish, their retainer a couple times and was very appreciative when we concluded the matter. No litigation, no threats of litigation, and the matter was resolved as best as could be expected. The most amazing part - I never personally met that client (I have more of those every month).
FMLA is by no means a guarantee of continued employment. I have seen employees return from FMLA only to be told that while they were gone an audit was completed, misconduct was documented from times past, and an employee lost their job for legitimate, non-discriminatory reasons.
Although your facts appear defensible I have worked with civil servants whose supervisors have documented some unbelievable misconduct of their subordinates to either force retirement or threaten loss of benefits due to misconduct.
The smart move is often to spend a little money up front, try to keep your job, and save a whole lot more money in litigation costs and the uncertainty that goes with ADR or trial.
I usually encourage potential clients to shop around. Call several employment lawyers. Listen to what each one tells you. Decide whether you feel their comments helped you. Do they really care? Will they be available when you need them? Maybe start with a smaller retainer and see how it goes. If the lawyer is responsive and is helping you cope keep them on retainer. If not, find another employment lawyer.
Today, we often work almost 24/7. You may get a response at 7 AM or 7 PM including weekends. You feel like someone is by your side almost any time a question pops up.
Civil service jobs and for that matter any decent job is hard to find. Keep a good one while you have it or at least make sure to dot all your i's and cross all your t's while you still work there because trying to do so after you lose a job is often a big challenge and much more costly. Good luck.
posted Sep 24, 2017 1:55 PM [EST]
Answer to Can an employer take legal action against an ex employee who said they were younger when hired
They should have retired? So are you saying that but for the employee's age they would still be working there? Sounds like a potential "but for" age discrimination claim. Assuming the employee signed a release why would any employer want to risk that type of claim by re-opening what looks like a done deal?posted Sep 22, 2017 10:54 AM [EST]
If you returned property hopefully insured with confirmation you should be fine.
posted Sep 22, 2017 04:47 AM [EST]
posted Sep 22, 2017 04:47 AM [EST]
Answer to Am I entitled to 4 more days Sev pay M, T, W , Th
Impossible to answer without reviewing the severance agreement. The language within that agreement governs.posted Sep 8, 2017 4:08 PM [EST]
If you worked you are entitled to be paid for all time worked.
If you have an agreement your pay rate should be pursuant to the agreement. Otherwise you should receive the reasonable value of your services or in a worst case no less than minimum wage.
Not sure what your specific question was since it looked like agreement was thru 8/31 and you were paid thru that date?
posted Sep 8, 2017 09:50 AM [EST]
If you have an agreement your pay rate should be pursuant to the agreement. Otherwise you should receive the reasonable value of your services or in a worst case no less than minimum wage.
Not sure what your specific question was since it looked like agreement was thru 8/31 and you were paid thru that date?
posted Sep 8, 2017 09:50 AM [EST]
Answer to Can I take pre-approved PTO during my two week notice period?
Maybe.What does your employee handbook say?
How were other employees who did similar things treated?
I will give you a couple unemployment benefits scenarios. The reason for doing this is because it is really hard NOT to recover unemployment in New York unless the employee is at fault or knew or should have known they would not recover benefits. And that happens. When an employee is denied unemployment benefits the chances of successfully pursuing a "plausible theory" to recover on a discrimination claim is almost nonexistent.
If you gave 2 weeks notice and intended to report for all 10 work days (assuming you normally work 5 days a week) and your employer fired you after 1 week and did not pay you for the full 2 weeks you would probably recover unemployment. Fault would probably be the employer's.
If you gave 2 weeks notice and informed the employer that you would only report for 9 or 10 of those days then the chances are pretty good that you would not recover unemployment and fault would probably be attributed to you.
If you gave 2 weeks notice and informed your employer that one or more other employees who gave their 2 week notice were allowed to take PTO or other accrued leave and you believe that you are being discriminated (you are a member of a protected class of employees and the others who were treated more favorably than you by getting their PTO time were not within your protected class or classes) then you might have a shot at pursuing some type of discrimination claim. However, what would your damages be and how much would it cost you to pursue those damages? Were you not quitting anyway?
posted Sep 6, 2017 09:41 AM [EST]