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Arthur H. Forman
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Arthur Forman’s Answers

2,496 total


  • Would this Violate Overtime Laws in New York or violate federal law?

    I work at an amusement park as a restroom attendant and receive above minimum wage. When I work overtime I noticed that my wage is calculated at minimum wage. Is this legal, I also noticed that this same technique is used for head employees and lo...

    Arthur’s Answer

    You must be paid 1 1/2 times your hourly rate. If you are paid $50 per hour, you are entitled to $75 per hour for overtime.

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  • My boss did not provide me with copy of my contract , is this legal ?

    I work as a HR recruiter

    Arthur’s Answer

    I would say this is a contract question more than an employment question. I recall from law school that a contract must be delivered before it is binding. If you were not provided with a copy, a judge could decide that the contract was never delivered and therefore not effective.

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  • Can I sue the city for lost wages?

    I was working an internship through my school where I worked in a human resources administration (public assistance ) building. Interns aren't given ID and one day, as I've done many time, I tried to reenter the building via employee entrance. Soo...

    Arthur’s Answer

    I recommend you talk with someone at your school immediately. They have probably been contacted by the job already, so the sooner they hear your side of the story the better.

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  • Can my employer rescind a job offer to my wife upon finding out that we're married?

    I work for Flushing Bank. My wife and I applied at separate times and were interviewed by separate people. We were offered positions at two different locations, with two different job descriptions.

    Arthur’s Answer

    If she was hired for a position in NYC, the NYC Human Rights Law prohibits employment discrimination because of marital status. You can consult an employment attorney or file a complaint with the NYC Commission on Human Rights

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  • Can an employer include a non-compete in a contract for an independent contractor in New York?

    I interviewed for a part-time position at a magazine and was told I could not write for any similar publication.

    Arthur’s Answer

    Non-compete clauses restricting where you can work after you leave are sometimes not enforceable. But a restriction on other employment while you are still there is probably enforceable. If you are presented with a written contract, you should discuss it with an employment lawyer before you sign.

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  • Discrimination Suit

    So I have been wantig to convert to Judaism and I reach out to a synagogue and left one of the Rabbi's a message and an email. After not reaching out to me after an extended period of time I try reaching her again. During our talk she seemed like ...

    Arthur’s Answer

    Because our courts are secular they generally will not interfere with religious matters.

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  • Am I being unfairly pushed out from working my notice period?

    I handed in my notice of resignation today and was given 2 options with a 12 hour ultimatum to come to a decision: 1. work until the end of the week only and not be paid the remainder of the notice period 2. work the full months notice period ...

    Arthur’s Answer

    If the company has a written rule about notice, you should consult an employment lawyer about it. If not, there is no employment law regulating the issue.

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  • How could I get rid of 3000 dollars in tictets with a partime 10 dollar an hour job

    I got most tictets all those tictets with mo license and the cops let me go

    Arthur’s Answer

    Consult an attorney who handles traffic cases.

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  • What if I feel I was wrongfully paid and taken more from my paycheck than agreed upon?

    I'm a hairdresser and I was audited in 2012, it's now 2015. It took my boss over 2 years to give me a list of all the services I did all year per request from NYC state. I was 1099 and getting paid 40% commission. After calculating all the service...

    Arthur’s Answer

    If you were paid by 1099, that means your boss should not have taken any deductions for withholding taxes. Consult an attorney about suing for money you may be owed. A general practice lawyer can help you.

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  • How can I collect earned/used vacation days after I quit?

    I took vacation time the week before I quit and was due $2500 for that vacation week. This vacation time was approved by management. I quit the following Monday and they while will pay me for my last day (that Monday) they are refusing to pay me f...

    Arthur’s Answer

    In my opinion, you have the better argument. You can sue in small claims court. They may try to settle with you when they get the summons, or they could even not show up, so you would win by default.

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