What state labor laws apply when you&#39;re working remotely from a different state? What state labor laws apply when you're working remotely from a different state? Let's say my company office's and team are located in California while I am working in the state of Texas. What labor law applies here? The labor laws of the state of California or the labor laws of the state of Texas? Did I divulge enough information here?
As seen here, the laws of the employee's state and city are controlling, and not that of the employer. A person working for a North Dakota company in Seattle is owed at least Seattle minimum wage. This to &quot;were the employee usually is working&quot; so it does not suddenly switch when the employee takes a working vacation.
The fact that the employer has vicarious liability for acts of its employees "within the scope of employment" does not mean the employees are not also liable for their own acts. In reality, however, the employer is more likely to have insurance for such "acts or omissions" of employees. The plaintiffs can "sue everyone in sight" and let them figure out who actually pays when they are found liable. That way, when the employee's actions are (for instance) ruled a "personal frolic" or otherwise outside the scope of the employer's liability (in tort or contract), the case doesn't get dismissed for failure to name all the proper parties. One policy goal is to place financial liability as close as possible to the person most likely to have been able to avoid the harm, thus discouraging such risks, without placing the entire burden on individuals employed in hazardous occupations and without artificially limiting potential sources of compensation.
Illinois collects the fine; California treats it the same as if you had run a red light in California Both Illinois and California are parties to the Nonresident Violator Compact and the Driver Licence Compact. The former means that Chicago will forward the ticket to Illinois who will forward it to California who will forward it to you. You can contest the ticket in various ways including by mail but your prospects of success are slim. If you successfully contest, that's the end of the matter. If you don't contest or lose, you have to pay the $100 fine. The latter means that if the offence is upheld or not contested, California will apply 1 point to your licence.
It seems that this is known as a &quot;working interview&quot;. Asking a candidate to do actual work without paying for it is illegal under Texas law. However asking a person to take an extensive, even a multi-day, skills test is not. Asking a prospective web developer to submit a portfolio of prior work, or to design a web site for a fictional company, say for the Acme Company that supplies the Coyote, is legal. Had the applicant created a web site for the actual employer without being paid, the applicant would own the copyright, and the prospective employer would be in violation of Texas minimum wage law, and would have committed copyright infringement if they used the design, without securing permission. Statutory damages for wilful copyright infringement can be as high as $150,000, and as low as $750. A federal suit must be filed to collect such damages. However, if no actual work was done, I doubt that the applicant has a valid claim. One would need to consult a lawyer to see if some other basis for a claim would apply. Many lawyers will offer an initial consultation for free or a nominal charge. Here are some Texas sources on the issues with &quot;working interviews&quot;. The page &quot;Are “Working Interviews” Legal?&quot; from the Gay Reed law firm says: If you bring someone in for a working interview you must pay them for their time in compliance with state and federal law and make appropriate withholding. Some believe that since they are only going to be there for a few days, you don’t have to do new-hire paperwork. Just skip the I-9, background check, application, and W-2. Wrong again. If you hire anyone – for 1 day or 1,000, you have to do new hire paperwork. Depending on how long you would like to conduct your interview, we can create a day contract or a week contract for the prospective employee. This will limit your exposure under unemployment compensation laws, and you can even reduce the amount you pay. Where you might pay a good hygienist $20 per hour or more as a full time wage, you can pay them minimum wage during a working interview. The page &quot;What Is a “Working Interview” and How Does It Work? from CEDR HR Solutions says: A “working interview” is the act of assessing a job candidate’s skills and ability to fit with your existing team by bringing them in to perform work for your business temporarily before you officially bring them on board. Traditionally, working interviews take place after a successful verbal interview. ... However, using working interviews does not exempt you from your obligations as an employer, and performing working interviews without understanding their legal implications can actually get you in a lot of trouble. ... If your “interviewee” is performing work for your business that would usually be performed by one of your employees, in a legal sense, that person must be treated as an employee of your business. By testing your applicants’ abilities and knowledge without having them perform actual work for your business, you can get an idea of their skill level without putting your practice at risk. “Skills tests” are especially helpful when it comes to evaluating candidates for clinical positions. ... Instead of performing an unpaid working interview or trying to call someone an independent contractor when they do not fit those requirements, hire them and use a “Getting Acquainted” period to judge whether a new hire will be a long-term fit for your practice (90 days is often a good span of time for this). The Texas Workforce Commission (TWC) has a page on &quot;Interviews&quot; which says: Interviews When interviewing applicants, apply the same standard that is applied to job applications - ask only about things that are directly related to the job requirements for the position under consideration. Watch out for tape-recording - the applicant might be tape-recording the interview without an employer's knowledge, and a video- or tape-recording of an interview would be discoverable in a discrimination claim or lawsuit. Tell the managers who conduct interviews to be extremely careful about note-taking during interviews - anything like that can be discovered in a claim or lawsuit - many discrimination cases have been lost due to careless and/or embarrassing comments written by interviewers. Test for whether something should be written down: would you feel comfortable explaining it in front of a judge and jury? &quot;Working interviews&quot; are not the same as pre-hire interviews at which an interviewee might demonstrate how he or she would carry out a sample task - an &quot;interview&quot; during which the worker performs actual work and receives what most companies would call &quot;on the job&quot; training or orientation to the company is work time - a company must pay at least minimum wage for such training time, satisfy all of the usual new-hire paperwork requirements (W-4, I-9, new hire report, and so on), and report the wages to TWC and IRS. The TWC can be reached at: 512-463-2222 The TWC page on the minimum wage says that Texas uses the federal minimum wage of $7.25/hr. It lists several exceptions, none of which seem to apply to the situation described in the question, or rather the situation that would have occurred had the applicant accepted an &quot;unpaid trial&quot; or &quot;working interview&quot;. The actual Texas law is Chapter 62 of the Labor Code The exact section is 62.051.
A company had me sign two conflicting documents about two years apart. Which one would apply? Possibly both because actually there is no conflict. What you describe does not reflect that these documents are incompatible or inconsistent. There is no indication that the second document impliedly or explicitly replaces the first one. The second document seems just redundant so far. Employees could likewise be required to sign a third document that only says &quot;no drugs or alcohol on the job site on Wednesdays&quot;, and that does not mean that any previous documents they signed expire.
I wouldn't be surprised to see other states and jurisdictions with similar statutes. Fortunately, in the United States, there is a safe harbor against demands for state income taxes: For every dollar of taxable income, you can only be taxed by one state. (This was affirmed by the Supreme Court in 2015 in Comptroller of the Treasury of Maryland v. Wynne.) Therefore, if you show that the LLC (or its members if it's a pass-through) paid taxes to another state on the income in question (e.g., by sending a copy of the tax return), that's legally the end of the matter.
Yes If you look at the law pertaining to the work week and opting out of the maximum, which is also in The Working Time Regulations 1998 (with my emphasis in bold): 4.—(1) Subject to regulation 5, a worker’s working time, including overtime, in any reference period which is applicable in his case shall not exceed an average of 48 hours for each seven days. ... (3) Subject to paragraphs (4) and (5) and any agreement under regulation 23(b), the reference periods which apply in the case of a worker are ... So if we go to 23(b): A collective agreement or a workforce agreement may— (a)modify or exclude the application of regulations 6(1) to (3) and (7), 10(1), 11(1) and (2) and 12(1), and (b)for objective or technical reasons or reasons concerning the organization of work, modify the application of regulation 4(3) and (4) by the substitution, for each reference to 17 weeks, of a different period, being a period not exceeding 52 weeks, in relation to particular workers or groups of workers.
Is this something that an employer can just do? That is very unlikely, although strictly speaking there is not enough information to answer either yes or no. Section 2810.5(a)(1)(C) of the California Labor Code provides that "[a]t the time of hiring, an employer shall provide to each employee a written notice [...] containing the following information: [...] The regular payday designated by the employer in accordance with the requirements of this code". This implies that the employer is required by law to issue the paychecks in accordance with the timing that pursuant to Section 2810.5 the employer should have informed your girlfriend. The fact that your girlfriend does not know when exactly her salary is due suggests that the employer did not even comply with this statute.