Author Topic: Any Lawyers out there of whom I may ask a question?  (Read 93370 times)

Offline henche

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: May 2011
  • Posts: 3905
  • Total likes: 441
  • DansDeals.com Hat Tips 0
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #320 on: August 14, 2017, 10:13:19 AM »
He gave 2 tickets
On parking one he didn't
on failing to display a scannable registration he did

I mean, according to the text you posted above, I would think the parking ticket should be tossed.

But since law is a prediction of how a judge will rule, knowing how NYC parking works, I would not be surprised either way.

Offline hvaces42

  • Dansdeals Lifetime Presidential Platinum Elite
  • *********
  • Join Date: Nov 2013
  • Posts: 5378
  • Total likes: 1039
  • DansDeals.com Hat Tips 14
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #321 on: August 14, 2017, 06:32:07 PM »
Wrong plate type is automatic dismissal. i.e. PAS instead of SRF or COM

There are 5 statutory automatic dismissals on NYC parking violations. Wrong registration expiration date. Wrong Plate, Wrong Make, Model and wrong registration type. (This is from memory. But I believe I got them all.)

You still dont have to respond as it will never hit your plate if its the wrong plate type. If you want to be safe respond and invoke statutory automatic dismissal.

Its not in the actual statute. Its in the practice commentaries.
Fair warning - Any PMs sent in response to forum posts are fair game for ridicule in public.

Offline wayfe

  • Dansdeals Platinum Elite + Lifetime Gold Elite
  • ******
  • Join Date: Mar 2013
  • Posts: 778
  • Total likes: 97
  • DansDeals.com Hat Tips 6
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #322 on: September 06, 2017, 01:09:26 PM »
What are the laws regarding salaried vs. hourly employees in NY?

Is pay allowed to be docked if I'm short on clocked hours one week?

I feel this is unfair since I will work OT on other weeks without getting the OT pay an hourly employee would get...
"I would rather have questions that can't be answered than answers which can't be questioned."
Richard Feynman

Online gozalim

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Oct 2008
  • Posts: 4045
  • Total likes: 573
  • DansDeals.com Hat Tips 0
  • Gender: Male
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #323 on: September 06, 2017, 01:24:26 PM »
What are the laws regarding salaried vs. hourly employees in NY?

Is pay allowed to be docked if I'm short on clocked hours one week?

I feel this is unfair since I will work OT on other weeks without getting the OT pay an hourly employee would get...
and the OT doesn't accrue/carry over to balance out shortages?

Offline wayfe

  • Dansdeals Platinum Elite + Lifetime Gold Elite
  • ******
  • Join Date: Mar 2013
  • Posts: 778
  • Total likes: 97
  • DansDeals.com Hat Tips 6
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #324 on: September 06, 2017, 02:00:31 PM »
and the OT doesn't accrue/carry over to balance out shortages?

No.

I get 40hrs of PTO annually which I like to save for vacation/sick leave or unpaid YT days (like Chol Hamoed)
"I would rather have questions that can't be answered than answers which can't be questioned."
Richard Feynman

Offline churnbabychurn

  • Dansdeals Lifetime Presidential Platinum Elite
  • *********
  • Join Date: Jul 2012
  • Posts: 7273
  • Total likes: 295
  • DansDeals.com Hat Tips 0
    • View Profile
  • Location: Lakewood
Re: Any Lawyers out there of whom I may ask a question?
« Reply #325 on: September 06, 2017, 02:02:02 PM »
What are the laws regarding salaried vs. hourly employees in NY?

Is pay allowed to be docked if I'm short on clocked hours one week?

I feel this is unfair since I will work OT on other weeks without getting the OT pay an hourly employee would get...
Why don't you get ot?

Offline wayfe

  • Dansdeals Platinum Elite + Lifetime Gold Elite
  • ******
  • Join Date: Mar 2013
  • Posts: 778
  • Total likes: 97
  • DansDeals.com Hat Tips 6
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #326 on: September 06, 2017, 02:03:03 PM »
Why don't you get ot?

I don't qualify for OT since I recently switched to a salary instead of hourly wage.
"I would rather have questions that can't be answered than answers which can't be questioned."
Richard Feynman

Online gozalim

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Oct 2008
  • Posts: 4045
  • Total likes: 573
  • DansDeals.com Hat Tips 0
  • Gender: Male
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #327 on: September 06, 2017, 02:03:35 PM »
What are the laws regarding salaried vs. hourly employees in NY?

Is pay allowed to be docked if I'm short on clocked hours one week?

I feel this is unfair since I will work OT on other weeks without getting the OT pay an hourly employee would get...
Sounds like you're getting some paid YT days that hourly employees don't...

Offline wayfe

  • Dansdeals Platinum Elite + Lifetime Gold Elite
  • ******
  • Join Date: Mar 2013
  • Posts: 778
  • Total likes: 97
  • DansDeals.com Hat Tips 6
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #328 on: September 06, 2017, 02:05:27 PM »
Sounds like you're getting some paid YT days that hourly employees don't...

No, those YT days are paid for the entire company.
"I would rather have questions that can't be answered than answers which can't be questioned."
Richard Feynman

Online gozalim

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Oct 2008
  • Posts: 4045
  • Total likes: 573
  • DansDeals.com Hat Tips 0
  • Gender: Male
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #329 on: September 06, 2017, 02:07:05 PM »
So hourly employees get YT pay? so why would you switch to salary?

Offline churnbabychurn

  • Dansdeals Lifetime Presidential Platinum Elite
  • *********
  • Join Date: Jul 2012
  • Posts: 7273
  • Total likes: 295
  • DansDeals.com Hat Tips 0
    • View Profile
  • Location: Lakewood
Re: Any Lawyers out there of whom I may ask a question?
« Reply #330 on: September 06, 2017, 02:15:53 PM »
I don't qualify for OT since I recently switched to a salary instead of hourly wage.
That's not a disqualifier iirc

Online gozalim

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Oct 2008
  • Posts: 4045
  • Total likes: 573
  • DansDeals.com Hat Tips 0
  • Gender: Male
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #331 on: September 06, 2017, 02:18:01 PM »
That's not a disqualifier iirc
it might not disqualify automatically, but I believe (over a certain salary) it allows employers to cancel. Didn't BHO raise that number recently?

Offline wayfe

  • Dansdeals Platinum Elite + Lifetime Gold Elite
  • ******
  • Join Date: Mar 2013
  • Posts: 778
  • Total likes: 97
  • DansDeals.com Hat Tips 6
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #332 on: September 06, 2017, 02:18:23 PM »
That's not a disqualifier iirc

I'm a manager- pretty sure that disqualifies me from OT.
"I would rather have questions that can't be answered than answers which can't be questioned."
Richard Feynman

Offline churnbabychurn

  • Dansdeals Lifetime Presidential Platinum Elite
  • *********
  • Join Date: Jul 2012
  • Posts: 7273
  • Total likes: 295
  • DansDeals.com Hat Tips 0
    • View Profile
  • Location: Lakewood
Re: Any Lawyers out there of whom I may ask a question?
« Reply #333 on: September 06, 2017, 05:06:42 PM »
I'm a manager- pretty sure that disqualifies me from OT.
Yes, that would do it.

Offline yitzf

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Mar 2011
  • Posts: 2658
  • Total likes: 52
  • DansDeals.com Hat Tips 4
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #334 on: September 06, 2017, 05:19:16 PM »
I wonder if the wash sale rule applies to non-U.S. persons.
I would think so. But how is that relevant here if we a discussing a gain?

Offline Mikeoracle

  • Dansdeals Lifetime Platinum Elite
  • *******
  • Join Date: Aug 2008
  • Posts: 2031
  • Total likes: 67
  • DansDeals.com Hat Tips 4
  • Gender: Male
    • View Profile
  • Location: NJ
Re: Any Lawyers out there of whom I may ask a question?
« Reply #335 on: September 06, 2017, 05:34:01 PM »
Yes, that would do it.
But it should at the same time exempt him from getting docked.

Offline good sam

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: Jun 2011
  • Posts: 3349
  • Total likes: 544
  • DansDeals.com Hat Tips 10
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #336 on: September 06, 2017, 11:55:59 PM »
But it should at the same time exempt him from getting docked.
It's not that. Unless you're contractually obligated to work X number of hours, I don't see how they dock your pay. If they don't like your performance they can fire you but you have to get paid your salary.

Unless this was agreed to before hand (in a handbook or such).
If you don't care why would you comment?
HT: DMYD

Offline wayfe

  • Dansdeals Platinum Elite + Lifetime Gold Elite
  • ******
  • Join Date: Mar 2013
  • Posts: 778
  • Total likes: 97
  • DansDeals.com Hat Tips 6
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #337 on: November 07, 2017, 06:24:16 PM »
From my previous posts in this thread- you might have guessed things weren't going to well for me...  ;)

My contract stipulated that I would provide 6 weeks written notice prior to leaving.

I emailed my employers of my resignation- and we had a verbal agreement that the 6 weeks time would not be necessary and I was free to leave immediately.

The following day my employers offered me a different position and different salary and I accepted. I was not presented with a new contract.

However, the position still didn't work out and I resigned yesterday- giving 1 day notice.

In the absence of a new contract- does it revert to stipulations of my previous contract?

My employer claims that I owe him 4 weeks notice as stipulated in my contract (he is wrong about the 4 weeks- my last contract required 6 weeks.)
"I would rather have questions that can't be answered than answers which can't be questioned."
Richard Feynman

Offline henche

  • Dansdeals Presidential Platinum Elite
  • ********
  • Join Date: May 2011
  • Posts: 3905
  • Total likes: 441
  • DansDeals.com Hat Tips 0
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #338 on: November 07, 2017, 06:29:24 PM »
From my previous posts in this thread- you might have guessed things weren't going to well for me...  ;)

My contract stipulated that I would provide 6 weeks written notice prior to leaving.

I emailed my employers of my resignation- and we had a verbal agreement that the 6 weeks time would not be necessary and I was free to leave immediately.

The following day my employers offered me a different position and different salary and I accepted. I was not presented with a new contract.

However, the position still didn't work out and I resigned yesterday- giving 1 day notice.

In the absence of a new contract- does it revert to stipulations of my previous contract?

My employer claims that I owe him 4 weeks notice as stipulated in my contract (he is wrong about the 4 weeks- my last contract required 6 weeks.)

Is he going to sue you?

Offline wayfe

  • Dansdeals Platinum Elite + Lifetime Gold Elite
  • ******
  • Join Date: Mar 2013
  • Posts: 778
  • Total likes: 97
  • DansDeals.com Hat Tips 6
    • View Profile
Re: Any Lawyers out there of whom I may ask a question?
« Reply #339 on: November 07, 2017, 06:32:44 PM »
Is he going to sue you?

I hope not.

Does he have grounds to sue?
"I would rather have questions that can't be answered than answers which can't be questioned."
Richard Feynman