Do weekend days count as part of a vacation? I work in a typical 9-5 office and my working days are Monday - Friday. I asked my boss for a 2 week vacation which will be 10 working days to travel for a wedding. He said it doesn't count as 10 days because he considers the weekend which are my non-working days as part of my vacation time. He said my vacation will total 14 days and he won't allow it. I already had this planned out and paid for.
Since this is a board about law, the legal answer is that New Jersey does not regulate vacation pay: In New Jersey, employers are not required to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to provide these benefits, it is only required to comply with its established policy or employment contract. The specific law cited by that web page is this one, which says that &quot;Nothing in this chapter requires an employer to pay an employee for hours the employee is not required to be at his or her place of work because of holidays, vacation, lunch hours, illness and similar reasons.&quot; So whether your boss can count weekend days as part of your vacation will depend on your employment contract and the established policies of your employer. Unfortunately, that's not something this forum can provide advice on.
Yes, it also applies. However, an employment implies they agree to having employment related data stored and processed (e.g., to be paid). When there are performance related bonuses in the contract, this will likely (but IANAL) imply they agree to performance data being collected and stored appropriately. Furthermore I would assume most of such data processing (such as knowing who is responsible for a certain change, who created a file, modified it etc.) falls into "legitimate interests" of the employer, as this information may be necessary for operations. I'd assume (still IANAL) that much of the consequence wrt. GDPR is the right to have your data erased. So a company should be prepared to remove such data when an employee leaves the company, e.g., by clearing the responsible person fields upon request. At least for data where there is no legal requirement to have such data provenance. But: consult your lawyer for a proper legal opinion!
Of course she is living with you. Clothes, toothbrush, cooking and eating, sleeping, I suppose breakfast as well, that's living with you. And it's not illegal, but it is apparently in breach of your leasing contract. I'd study your contract carefully to see what the consequences are if she is living for you for more than 14 days.
One can be fired at any moment that the employer chooses, unless there is a contract that provides otherwise. (Some employment contracts specify a notice period.) But if the firing is at the end of a shift or of a work day, that shift's/day's wages would be included in the amount owing to the employee. "Fired" usually refers to ending employment for misconduct or failure to perform, or at least for an individual reason. "Laid off" usually means that the employer does not have enough work, but does not imply any failing by the employee, and may imply an intention to re-hire the employee if business improves. The difference may matter when making an unemployment claim, and when applying for a new job. But in both cases the job has ended.
The first question would be whether you are an employee, or an independent contractor. There is more to that determination than how the company labels you, but that is a starting point. Based on the minimal autonomy that you imply that you have, you would probably be found to be an employee. Then there are limits on the number of hours that you can work in a week or day, which they are complying with. The employer is required to record the hours that you worked, and it is a crime to keep false records. It is also required that an employer pay for the time you work. Therefore the employer cannot legally refuse to pay you for your labor, and they cannot legally falsify records. The employer can limit your pay to 15 hours per week, if you work just 15 hours per week. They can also set ridiculous performance standards, whereby at the end of the week you will not have done what they wanted you to do. Their only recourse is to dismiss you. In response, you can file a complaint, but note that the concept of "wrongful dismissal" under the act is about entitlement to termination or severance pay. The arbitrator may find that the employer contravened the act, and can order them to rescind the termination. Or, before you get fired, you can complain and the arbitrator could order the employer to either modify their work requirements or else to pay you for the time worked. The difficult point (for you) in this case is that the act does not address employer performance expectations, and employers are generally allowed to set their own performance standards. If you have a written employment contract, there might be provisions regarding termination which could help you. Without a written contact, there is no statutory provision that prevents an employer for terminating you, but they may have to give you notice and pay for doing so, as long as you are not terminated for "just cause". Hoang v. Mann, 2014 ONSC 3762 is an Ontario case where an employee was terminated for just case based on insubordination, job performance, inability to get along with co-workers and so on. On the front of job performance, the courts have found that an employer must clearly communicate standards to employees, and give employees an opportunity to meet those standards. But they do not generally decide e.g. how many units per hour an assembly-line worker can reasonably be expected to complete.
Yes, this is a valid concern As written, every piece of IP you produce while employed belongs to the employer. This includes your hypothetical game. It also includes your weekly shopping lists, your Christmas card to your Great-Aunt Nellie, the … a-hm … private video you make of you and your significant other. As written this is overly broad and probably unenforceable. However, it’s always better to have clear and legally enforceable clauses in your agreements because unclear, arguably unenforceable ones lead to disputes. To be fair, the employer has probably lifted some (bad) boilerplate and hasn’t actually thought through what it means. Get it redrafted.
5 CFR 2635.102 provides definitions for 5 CFR Part 2635 (which contains 5 CFR 2635.502). (h) Employee means any officer or employee of an agency, including a special Government employee. It includes officers but not enlisted members of the uniformed services. It includes employees of a State or local government or other organization who are serving on detail to an agency, pursuant to 5 U.S.C. 3371, et seq. For purposes other than subparts B and C of this part, it does not include the President or Vice President. Status as an employee is unaffected by pay or leave status or, in the case of a special Government employee, by the fact that the individual does not perform official duties on a given day. Subparts B &amp; C pertain to gifts and range from §2635.201-304, whereas the section you are asking about is in Subpart E. So §2635.502 expressly does not apply to the VP. The "why" part is more challenging. The statutory authority invoked for these regulations is 5 USC 7301, 7351, 7353, 5 USC App, acts passed by Congress. The rule-making rationale is in 57 FR 35042, which does not overtly invoke any specific statutory authority for this specific item. In contrast, Subpart B is the implementation of 5 USC §7353, which governs gifts to federal employees, and (d)(2) of that section says the term "officer or employee" means an individual holding an appointive or elective position in the executive, legislative, or judicial branch of Government, other than a Member of Congress. In other words, the mixed definition of "employee" (the VP is an employee only for subparts B, C) under the regulations is because Congress passed some laws that included the VP, but did not pass a law that required non-appearance of conflict. Such a regulation would be within the authority given the president in 5 USC 7301, which simply says that "The President may prescribe regulations for the conduct of employees in the executive branch". Since there is no Congressional authority to subject the VP to 5 CFR 2635.502, it is written to exclude that person (also the president).
First Part OR 324 is quite the right article for this. If the employer doesn't want that you work (because he has nothing to do for you) it's his problem, not yours. He still has to pay if you are there and ready to do work. This is for instance also mentioned in this article. The meaning of this is obvious if having a contract with a fixed number of work hours per day/month/year. Second part Prove that you have a fixed work contract. If the shift plans are made in advance you have a proof that you have a certain number of hours to work (and thus an expected income). If I interpret this here correctly, this is &quot;echte Arbeit auf Abruf&quot; (true work on request), because if your employer wants your work, you have to be there according to the shift plan, as opposed to your employer asking &quot;who is ready to work tonight?&quot;. So your employer must pay you the hours agreed on in the shift plan, regardless of whether he has work for you or not (but you must explicitly tell him that you are willing to take work). Third part Can the employer change the shift plan, and to what extent? The employer must announce changes to work hours as soon as possible, and changes on short notice are only acceptable in emergency cases. A reduction in work hours due to not enough work shall not reduce the employee's salary. The business risk is entirely with the employer and he must not shift that responsibility to his employees. (That was common in the late 19th and early 20th century, with all the officially self-employed home workers in the textile industry). Here is a federal court decision that affirms this (BGE 125 III 65 S. 66).