Answers Posted By Charles Joseph

Answer to As an employer_ what frequency is required for wage payment for EXEMPT

New York State has rules for frequency of payment for several different categories of employees.

However, if the employees fall under the exemption for executives, administrators or professionals, then none of the rules for frequency of payment apply.

If the employees are commissioned salespersons, they must be paid their wages in accordance with the terms set forth in the written commission agreement but not less frequently than once a month and not later than the last day of the month following the month in which the wages are earned.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted Oct 10, 2018 05:21 AM [EST]

Answer to I am currently an employee for the United States Postal Service and my boss called the police on me and claimed I was a former employee who was trespassing on postal property. Would this be considered a form of harrassment?

From the facts you have provided, there is nothing to support a claim of employment discrimination.
Generally, you cannot sue you employer just because someone is mean to you. Even if your supervisor singles you out and is unnecessarily harsh with you in particular, because she dislikes you for personal reasons, the law does not prevent that. There is no legal requirement that workers be treated with civility, kindness, or even respect.
However, federal law does prohibit your employer from harassing you based on your race, color, gender, religion, national origin, age or disability. New York State and New York City laws protect additional characteristics.
If you believe you are the victim of illegal discrimination, you should contact an experienced employment attorney in your area to fully discuss the facts of your situation.
You can read more about the laws protecting you from employment discrimination at https://www.workingnowandthen.com />
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted Oct 4, 2018 05:06 AM [EST]

Answer to Can a miscarriage be used against attendance?

If you worked in New York State, you may have been eligible to take leave under federal law – the Family Medical Leave Act (FMLA) – or state law - New York’s Paid Family Leave Act (NYPFL).

The FMLA allows employees to take up to 12 weeks of unpaid job-protected leave. The FMLA applies to employees must have worked for their employer for at least 12 months and their employer must have 50 or more employees. Government agencies (including local, state and federal employers) and elementary and secondary schools are covered by the FMLA, regardless of the number of employees.

The NYPFL is a relatively new law that went into effect in January of 2018. It provides up to 8 weeks of paid job-protected leave. The NYPFL applies to all employers, even those with only one employee. It covers full-time employees after 26 consecutive weeks of employment and to part-time employees after 175 working days, which do not need to be consecutive.

If either or both these laws applied to your situation, it would have been illegal for your employer to terminate you because you applied for or took leave. However, employment law is very fact-specific. You should speak to an experienced employment attorney as soon as possible about your particular situation.

You also can read more about employee rights at https://www.workingnowandthen.com/new-york-fmla-nyspfl/.

posted Sep 17, 2018 09:20 AM [EST]