Section 146-2.16 of the Hospitality Wage Order states that tip pooling must be voluntary and handled by servers, but then says later that employers can require servers to participate in tip pooling. Can you clarify?
The law is still basically the same. The employer can have a workplace that demands servers pool tips but the employer can not administer, manage, or share the tips in any way.See question
Foreclosure initially filed 01/2010....no action on the case new lis pendens was filed on 01/2013 on old docket number by the way I was part of the foreclosure settlement (what a joke.) btw..Steven J Baum was the initial attorney on the case that'...
I do defendant's foreclosure. You need an attorney if you don't have one. These cases are complicated.See question
My company laid me off. I asked if I can go part time . My Adminstrator is waiting to hear back from her boss for the answer.but if my company comes back saying only 15 to 20 hours, I cant do that i would be better off collecting unemployment. Ca...
You should immediately file for unemployment. You have not been offered any job yet and you should not waste time contemplating a situation that doesn't exist yet. If or when you are offered a new situation, then we can analyze it and compare it to your previous job (like the Labor Adm. Law Judge will).See question
I was hired 4.5 years ago as a part-time employee. After a few months, I asked to be a full-time employee. My manager said our employer did not want another salary based full-time employee with benefits, but I could work full time with hourly sala...
This is an interesting case. The issue is whether you have been constructively fired when your full time schedule was reduced to part time. Based on the facts you presented, I think you have a strong case for unemployment. If you hire a lawyer, which I suggest, he/she will only get paid for their services if you win.See question
I'm trying to find out a way that I can get it dismissed or atleast get probation this is the first time getting in any problems with the law
If it is a fact that the gun was not capable of being discharged, you may have an affirmative defense for 1st degree robbery.See question
white male,29yrs old,union worker for 15 yrs
I am familiar with this police practice. It is unfortunate and humiliating. I would be interested in speaking with you to listen to your case. The civilian review complaint board has too often been an arm of law enforcement and I could not recommend it for you. You are under time limitations for any possible action against the city, so you must contact a lawyer immediately.See question
a attorney). Now, my question is in the agreement it states that my job was eliminated - can they bring that position back and if so is that not a breech of the agreement that I sign and the VP of Human Resources signed it also.
I am assuming you are not in a union. And, I am assuming you signed a general release and accepted money for signing the agreement. In this scenario, you may be prevented from bringing any action against your former employer for any claim. If your job was eliminated and then is recreated, you may have to reapply for it without any guarantees. You should consult with an attorney to go over the agreement. In NY, the courts will strictly hold you responsible for your contracts; the court will not consider the wisdom of the parties in making the bargain.See question
I am a federal employee. Whenever I am out sick (for just a single day) I am asked to put in writing, WHY I was treated, on my doctors slips when I return to work. I have requested the doctors I have been treated by, for the flu, twisted ankle etc...
You can simply fill out a medical information authorization form to release your doctor from HIPPA regulations. Simply add your employer as one of the recipients of your medical information. If you are in a union, consult your shop steward to review the absentee policy. If you are not in a union, consult the employer's handbook to find out what is required when you are out sick.See question
So this is how it went down i got fired for excessive tardiness after i got warn about being late four times the last month two weeks ago. which was just plot to terminate me as i was told by good friend in management who warn me they got it out...
The only issue in your case is whether your tardiness will be considered misconduct. The Labor Department ALJ will not consider the additional information, speculation, or facts because they are not germane to the issue of your tardiness. In my opinion, you may be denied benefits. You.should consult a lawyer but keep in mind: the lawyer can not charge you a fee unless you win. As a result, you may have difficulty obtaining representation.See question
I was due a contracted raise 18 months ago how do I obtain all of it? company will only pay 3 months back and I being asked to sign a statement stating I agree with this amount
If you are in a union, you must file a grievance with your shop steward. Check the contract provisions; your "contracted raise" may have conditions attached to it which your employer may think you violated (common violations are performance deficiencies or poor attendance). If this is the case, you must demand a hearing with your HR department.See question