Day care center’s policy cannot supersede overtime laws

The Firm was quoted in Newsday today in a column by Carrie Mason-Draffen. Check out the article below.

DEAR CARRIE: I work at a day care center. We are paid for our 30-minute lunch break and are not allowed to leave the premises during that time. I understand the reasoning for the policy. It ensures that we are on site to help in case of an evacuation. But the director says the 30 minutes cannot be applied to our total work hours, even though we sometimes work through the break because of parent calls. In fact, our handbook states that the director can decide whether or not we should be paid for overtime. Is it legal to exclude working lunch time from our total hours worked for the week?

— Indigestion

DEAR INDIGESTION: Though you have just one question, it encompasses various aspects of labor law. I’ll start with the most straightforward. When you work, that time should be accounted for in the day care’s payroll records.

“On the days that you work during your lunch, these hours should be counted toward the number of hours worked per week,” said employment attorney Sheree Donath of Donath Law in Uniondale.

Next is the issue of whether you should be paid overtime if working through lunch takes you over 40 hours a week.

If you are a teacher at a facility that meets the definition of an educational establishment, you may be exempt from overtime, Donath said. Teachers at day care centers are exempt from overtime and minimum wage if they, like teachers at elementary or secondary schools, fall into the professional-exemption category.

“If you meet this definition and your school is considered an educational establishment, then you may not be entitled to overtime,” Donath said. On the other hand, “if you are not a teacher or do not meet the requirements of the professional teacher exemption, then you may be entitled to overtime pay if you exceed 40 hours of work each workweek.”

It’s worth mentioning that an overtime rate doesn’t have to kick in simply because you surpass your customary work schedule, Donath said.

So if you are scheduled to work just 30 hours a week, and you work through your 30- minute lunch break every day, you would have worked only 32 1⁄2 hours that week and would not be entitled to overtime. If you are an hourly employee, you would have to be paid for those extra 2 1⁄2 hours but not at an overtime rate, which is 1 1⁄2 times your regular hourly rate for every hour over 40 in a workweek.

If you are an hourly employee, the company, by offering you a paid lunch hour, at least covers the time you have to talk to parents.

“Generally an employee does not need to be paid for the 30- minute lunch break you are receiving, provided that you do not perform any work during this entire period,” Donath said. “If you do perform any duties, then you are not considered relieved from duty and would have to be paid for this time.”

Lastly, if you are an hourly worker, any day care policy meant to prevent you from being paid overtime may be illegal, Donath said.

“An employer cannot just say you are not entitled to overtime if the facts of your circumstances are otherwise,” Donath said. “A handbook provision stating you are not entitled to overtime may not be valid as it may be an illegal attempt to circumvent the overtime laws.”

She recommended that you, with a copy of the company handbook in hand, consult a lawyer who could advise you based on the particulars of your situation.

“Once the facts of your situation are reviewed, you can determine the next best course of action,” she said.

Donath said you could also contact the U.S. Labor Department at 516-338-1890 or 212-264- 8185. Or try the state Labor Department at 516-794-8195 or 212- 775-3880.

If you have not been properly paid, you may be entitled to back wages and damages, she said.

Is Your New Year’s Resolution to Resign from Your Job? Before You Do, Consider these Factors

Letter of resignation and a red pencil

Is your New Year’s Resolution to make changes in your career? Are you considering resigning from your job? Do you feel that you have no alternative but to resign?

When resigning from your job, it may be in your (and your family’s) best interest to speak with an attorney. Careful consideration is put into resigning from your job. The same careful consideration should be put into how you resign. Donath Law, LLC, can guide you through the resignation process and review pertinent documents prior to your resigning to help you avoid issues in your future.If you are considering resigning from your job there are several factors to be considered. Some of these include:

(a) What is the best time to resign for you and your family?

(b) Do you know how much notice you must provide to your employer?

(d) Is your family’s health insurance through your employer? If so, do you know your rights to COBRA or do you intend to obtain health insurance from a new employer?

(e) Have you signed anything that will restrict your future employment like a non-compete agreement, confidentiality agreement or inventions agreement?

(f) Do you have any issues to resolve with your employer prior to your departing?

(g) Have you already obtained alternate employment?

(h) Are you resigning for new employment, to make a lifestyle change or because your employer is pressuring you to leave?

Resigning from your job may preclude you from obtaining unemployment benefits. This, however, is not the case in all situations. The reasons for your resignation will help determine whether you are entitled to these benefits. For example, if your employer has made your employment so intolerable that you are getting physically sick, you may have no alternative but to leave your employment and thus, may be entitled to unemployment benefits despite the fact that you “resigned”.

Prior to resigning from your employment it is important that you understand your legal rights and to determine if you may be able to obtain a severance package on your way out. Has your employer mistreated you? Has your employer promised you items that you have not received? Are you currently involved in any ongoing projects that your employer still needs you to assist on? Are you an important witness in a case your employer is presently involved in?

It is also essential to determine and understand any obligations that you may have agreed to during your employment relation. Prior to resigning you should obtain and review any documents that you signed so that you are clear as to whether there are any restrictions on your future – are you precluded from working for a competitor? Do you have a garden leave provision? Did you agree to continued confidentiality, non-disparagement and/or cooperation with your soon to be former employer?

Poor Performance Review … What is the True Motivation?

Take Action To Protect Against a Poor Performance Review

Reward and Punish words on a toggle switch or lever to illustrate disciplining a child, student or worker for good or bad behavior or performance

Most employees receive written performance reviews on a bi-annual or annual basis. The purpose of these reviews should be to set goals, keep track of employee progress by measuring objective criteria, set out resources, train employees, motivate poor performers to do better and to determine proper raises or bonuses. This is not always the case.

Performance reviews are also used to create a paper trail for employers to terminate employees. Performance reviews are used to set up an employee to fail and create a written record prior to terminating an employee.

Performance reviews that are not used properly make it impossible for the employee to succeed. They provide overreaching goals that cannot be achieved. They are not applied consistently. They do not allow employees an opportunity to respond to deficiencies within them. They do not follow the company’s policies or procedures.

Performance reviews may be used improperly to target employees that employers want to terminate for an illegal reason, i.e. race, gender, disability or perceived disability, pregnancy, sexual orientation, etc. They may also be used improperly to retaliate against an employee that has raised a claim of discrimination, participated in a workplace investigation, filed a claim with the company or a government agency, raised claims of impropriety or wrongdoing, raised health concerns, etc.

Performance reviews are also used to place employees on a performance warning in which the employee then has a set number of days to achieve unattainable goals or otherwise be subject to discipline, including termination.

Mediation – A Helpful Tool in Resolving Divorces and Workplace Disputes

Mediation is a non-binding, voluntary process where both parties must be interested in achieving resolution. It can be a helpful tool in conflict resolution, both in the workplace and for spouses looking to divorce or separate. However, mediation is not the proper forum for everyone.

Mediation is successful if the parties want to be a part of the process and are serious about resolving their differences. In mediation, the parties meet with a mediator. The mediator is there to facilitate resolution. The mediator cannot force resolution, but will help the parties come up with alternatives and options with a goal of reaching agreement.

Divorce mediation is the preferred choice for couples facing separation and/or divorce because it is a more amicable, faster and cheaper process than litigation. It offers couples more control over the process and the decision-making, allowing for more flexibility and cooperation in determining, among others: Equitable Distribution of Assets and Property, Custody, Child Support, and Maintenance. Divorce mediation allows couples to structure their divorce differently than if they went to court. The parties are made aware of the guidelines for child support and spousal maintenance, but have the option to opt out of these guidelines and decide together the amount of these payments. The parties can work together to determine a parenting plan and custody arrangements that best suits their child(ren) and their life. Aside from the flexibility in structuring the divorce and distribution of assets and liabilities, the cost of divorce is a fraction of the cost as compared to a contested litigation.

Mediation can also be a helpful tool in workplace disputes. Prior to commencing litigation, the parties should consider mediation, as it is generally faster and the parties, as stated above, have more control over the process. Some employers have policies requiring mediation prior to litigation or arbitration. A good mediator, is aware of the law and attempts to settle the underlying issues that have arisen. The parties will make the mediator aware of the circumstances, the efforts, if any, that have been made to resolve the situation and the proposed resolution. The mediator will work to try and facilitate resolution and at the same time provide his/her insight into the strengths and weaknesses of the claims.

Mediation is generally not successful if the parties are not both on board. If the parties are not truly interested in resolving the situation, the mediation will most likely fail. If mediation is being used as a tool to humiliate, intimidate or deplete a parties’ assets, the mediation should not move forward or should be halted quickly. In situations where there are orders of protection or claims of domestic violence, mediation is not the proper forum for divorce. Parties should not move forward with mediation if one party is overbearing or controlling.

In all situations, should resolution be reached the agreed upon terms should be subscribed to writing and provided to the parties for both to have reviewed by an attorney and signed. A copy of the agreement should be kept by both parties so that they are both aware of their obligations.

In a truly success mediation, the parties are slightly unhappy but happy that the matter has been resolved. Why? Because mediation is a compromise by the parties. One party agrees to give in to one item in order to obtain another, or one party paid more money than they wanted to the other party but the other party is disappointed because he/she wanted more than what was to be received. Overall, the parties are satisfied with the outcome because the issues have been addressed and settled. Both parties have had the opportunity to speak, be heard, and stand up for what he/she believes and wants.

School music judge wonders if ‘contractor’ label is right

I was quoted in today’s Newsday article by Carrie Mason-Draffen. See the article below:

DEAR CARRIE: I am a member of the New York State School Music Association, or NYSSMA, which is an organization dedicated to advancing music education in school systems across the state. Every spring, NYSSMA sponsors evaluation festivals during which students perform and then receive ratings and written comments about their musical proficiency. I am one of the many judges for the various festivals. NYSSMA conducts the judges’ training, formulates the scheduling, determines how the performances are scored, and sets the hourly pay rate. Yet it reminds us at the beginning of every season that we are independent contractors. How can this be? — Sour Note

DEAR SOUR: Based on the information you provided, it’s possible you are being misclassified as an independent contractor, said employment lawyer Sheree Donath of Donath Law in Uniondale.

A lot is at stake in classifying workers. Employees, unlike independent contractors, may qualify for their employers’ health benefits, paid time off and pension contributions, as well as state unemployment benefits should they lose their jobs, Donath said. For employers, hiring independent contractors means they forgo all those expenses and more.

“Many organizations like to hire workers as independent contractors rather than employees to avoid making payment of benefits and taxes,” she said. “For this reason, many workers are misclassified as independent contractors.”

Employers can’t just declare someone an independent contractor. By law, many criteria must be met. And at least three government agencies have guidelines for determining an employee’s status, and they all look at the issue of control.

The New York State Department of Labor looks at whether the employer controls such things as: the work to be performed, the rate of pay and the hours of work. The department also looks at who supervises the independent contractor and whether the company requires the contractor’s exclusive service.

True independent contractors control their working environment, Donath said. And they are free to work for several businesses. They can accept or reject certain projects and may have their own business.

The U.S. Department of Labor uses determining factors that include: whether the work is an integral part of the employer’s business; whether the employer controls the work; whether the independent contractors’ managerial skills affect their bottom line; whether the work performed requires special skill and initiative, and whether the relationship between the worker and the employer is indefinite.

The IRS guidelines look at the relationship of the employer and independent contractor to determine such things as behavioral and financial controls and the nature of the relationship.

With the behavioral factor, Donath said, the key question is: Does the company control or have the right to control what the worker does and how that person does his or her job? For the financial element the agency looks at whether the business aspects of the independent contractor’s job are controlled by the employer, she said. These include things like how worker is paid, whether expenses are reimbursed and who provides the tools and supplies. Lastly, the federal agency looks at broader aspects of the relationship such as whether a contract is involved and whether employee-type benefits are offered.

So you need to answer some key questions about your work arrangement to determine your true status, Donath said. For example, are you required to work at every festival or can you choose which festivals to judge? Are the supplies provided for you or do you provide your own? Do you receive any benefits from NYSSMA? Can you decide what training to attend? And are you able to promote your own business while judging at the festival?

“I suggest that you consult with an experienced attorney to determine if you are being classified improperly and to find out your rights and options,” she said.

Surprise Inspection of Your Home Office May be Legal

We were quoted in today’s Newsday! Check out the article below:

DEAR CARRIE: I work for a large insurance company in Manhattan. Many departments have had informal work-at-home policies since superstorm Sandy, when our offices were flooded. The company is now instituting a formal work-at-home program, since we will be moving to a smaller space with no personal desks. So we will be required to work from home several days a week. We have to sign an agreement laying out the rules for working at home.

I have questions about the legality of two aspects of the agreement: Can the company legally conduct surprise inspections of our home workspaces? And if company equipment such as a laptop is stolen from our homes, can our employer make us replace it at our own cost? – Home, Sweet Office

DEAR HOME: As to your first point, your employer can conduct surprise inspections if it has your written permission, said employment attorney Sheree Donath [ ].

“In order to have such right, the employer must obtain the consent of the employee and does so in a written telecommuter agreement,” Donath said.

Though the inspections seem intrusive, companies have reasons for inspecting their employees’ home offices, said Donath, who noted the following from the website of the U.S. Occupational Safety and Health Administration, which oversees workplace safety:

“Employers are responsible in home worksites for hazards caused by materials, equipment, or work processes which the employer provides or requires to be used in an employee’s home.”

Yet the agency doesn’t inspect home offices and doesn’t require companies to do so, she said.

But employers conduct inspections because they may still be liable for unsafe working conditions in an employee’s home, as well as any workers’ compensation claims, Donath said. “For this reason, many employers include in agreements with their employees that they have the right to inspect the home.”

The inspections would be illegal if a company uses them to target a certain group of employees, she said. For example, “it cannot require all women employees to agree to allow surprise inspections of their home-based offices and not require the same of men.”

As with any agreement, an employee may be able to request more satisfactory terms, Donath said. “The employee is free to negotiate the inspections with the employer; so maybe instead of surprise inspections, the employer will agree to biannual inspections.”

Or she said the company might agree to provide the employee with a packet of information, including a checklist of the employer’s health and safety concerns, that the employee can use as a guide to resolve any problems.

Regarding your question about whether your employer can make you pay for company equipment stolen from your home, state law generally prohibits employers from deducting such costs from employees’ wages and from demanding separate payments to cover such costs. Your employer may be able to fire you for such a loss, but it can’t take that cost out of your wages.
Donath notes that such losses may be covered under your homeowner insurance policy.

Go to bit.ly/LIoffice for more on OSHA regulations regarding home offices.

Column by CARRIE MASON-DRAFFEN

Law Protects Workers’ Right to Share Pay, Evaluation Info

We were quoted today in Newsday:

DEAR CARRIE: My employer sent my performance evaluation by email. It states that I must not share the information with my co-workers. The company also says we cannot share compensation information. Is this legal? Also, does my employer need to send me a hard copy of my evaluation or is the email sufficient? – Evaluating the Process

DEAR EVALUATING: Your employer’s restrictive policy may be out of bounds. The federal regulation that comes into play here protects workers’ right to talk about such things and prohibits employers from obstructing such discussions, especially among employees who are considering unionizing.

“The National Labor Relations Act prevents employers from establishing policies that would prohibit employees from discussing and disclosing information regarding their own terms and conditions of employment,” said employment attorney Sheree Donath. “Employees must be free to organize, and preventing discussions about the terms and conditions of employment among coworkers could prevent them from organizing.”

And regarding your situation, she added, “An employee may be able to challenge the confidential nature of the performance evaluation, the same as the requirement to keep his/her compensation secret.”

Of course, as with any law, there are some exceptions.

For example, employers may be able to prohibit discussions when the employee is supposed to be working, Donath said.

“However, if the employee would be able to make small talk about the weather, or television or anything else, then the employee would be free to speak about the terms and conditions of his/her employment,” Donath said.

Also, the NLRA applies to discussions within the organization only, she noted; so an employer may be able to establish a policy that prohibits employees from sharing the information with people outside the organization.

Even though you may have the freedom to discuss your wages or compensation, you should be careful how you use that freedom.

“Once you share information related to your compensation or the terms of your employment,” Donath said, “it may become difficult for you to maintain control over others with this information.”

Employers often have confidentiality policies that prohibit employees from sharing certain information with their colleagues, Donath said. Companies establish these policies in an attempt to control the working relationship, she said.

“Employers also seek to implement such policies in an effort to prevent a disruptive working environment,” she said. “In creating these policies, the company knows that most employees will adhere to the policy and not question it.”

But you questioned your company’s policy and now you know your employer’s prohibitions could be illegal.

It bears noting that, with limited exceptions, the NLRA applies to all private employers with at least one employee, Donath said. It doesn’t cover government employers. And the law doesn’t generally cover supervisory employees, although managers discriminated against for refusing to violate the NLRA may be covered, Donath said.

As to your last question, your company probably doesn’t have to send you a hard copy.

“I do not believe you must receive a hard copy of the review rather than it being sent by email, unless the employer has a policy that requires you to be handed a hard copy of the review,” Donath said.

Having an email could prove more useful.

“It may be beneficial to you to get a copy by email, because there is always a record of an email,” Donath said. “and it cannot be erased or lost easily, like a hard copy document.”

For more information, contact the National Labor Relations Board, which enforces the NLRA, at 718-330-7713.

Article by by Carrie Mason-Draffen

Options for worker who feels unsafe after reassignment

We were recently quoted in Newsday.

DEAR CARRIE: My daughter-in-law works as a social worker for an agency. For 18 months she treated patients in the office. Recently, her office-based position was terminated and she was assigned to treat patients in their homes. This was considered a new position, and she received a small raise, which she doesn’t care about. She walks alone to patients’ apartments in some rough areas. She remains in their residences for up to an hour, and she feels unsafe. Others at the agency who were likewise reassigned feel the same way. If she quits, will she be eligible for unemployment benefits? — Worried In-Law

DEAR WORRIED: She may be eligible. It’s hard to answer with a definitive “yes” because the issue turns on several variables. For help, I turned to employment attorney Sheree Donath, [ ].

Employees generally qualify for unemployment benefits if they lose their job through no fault of their own, Donath said. On the other hand, employees who voluntarily quit their jobs are generally ineligible for benefits.

Those are the basic rules for unemployment benefits eligibility.

“Of course, there are exceptions, wherein an employee quits his/her employment and still collects unemployment benefits,” Donath said. “In those situations, it is determined that the employee quit with ‘good cause.’ Your daughter-in-law’s situation may fit into this category.”

The unsafe working conditions you mentioned may constitute a good cause for quitting, but employees have to make the case, Donath said.

“In alleging good cause for termination, the employee must first have made good-faith efforts to try and resolve the concerns,” she said. “That means that before quitting, you must report the concerns to your employer (i.e. your supervisor, management and/or through any internal grievance hotline), and your employer must fail to resolve the issue.”

Not making that effort could be costly.

“Without attempting to resolve the problem,” Donath said, “it may be determined that the employee did not have a true desire to remain employed, and therefore the employee may be denied unemployment benefits.”

Also, employees have little room for a good-cause argument when they accept the terms of a job, even some they later regret, she said.

It’s unclear whether your daughter-in-law was made aware of the new terms of her employment when she accepted the new role or whether she has objected to the new terms or requested a resolution of her concerns, Donath said. For example, has she asked to be placed back in an agency-based role or requested that someone accompany her to the residences?

“If she has not done so, I suggest that she reach out to her employer right away and request that she be placed back into an agency-based role,” Donath said.

Your daughter-in-law should put her request in writing — preferably by email so she has a copy of the request and any responses received. She should say in the communication that she is concerned for her safety, that others in her situation are also concerned for their safety, and she should list the reasons why she is afraid, Donath said. She may also want to include in the email a description of the effects, if any, that the new role is having on her health.

“By sending this email she may be able to change her current working conditions to one where she feels safe,” Donath said. “Also, if her request is denied, then she has [something in] writing to present to unemployment to show that she took steps to try and resolve her concerns prior to her quitting.”

Article by CARRIE MASON-DRAFFEN

Bullied Worker Has Resources For Dealing With Boss

DEAR CARRIE: A 21-year-old male relative is being harassed at his part-time job by his new boss. The young man has worked in this union job for close to five years, with all of his previous managers praising his work. The new boss, however, taunts him daily, saying such nasty things as “You are worthless.” Can he record these transactions? He is not the only employee being humiliated. Should he go to the union? — MEAN MANAGER

DEAR MEAN MANAGER: On its surface, this sounds like a classic case of workplace bullying. And believe it or not, neither New York State nor the nation has laws outlawing bullying in the workplace. Still, your relative may have plenty of options for stopping his manager’s inappropriate behavior.

I spoke with a career coach and a lawyer who shed some light on the problem and offered some solutions.

The contemptuous comments directed at your relative are some of the worst examples of classic overt bullying, said Glory Borgeson, a Chicago-area career coach and the author of “Not All Bullies Yell and Throw Things: How to Survive a Subtle Workplace Bully.”

Other overt tactics, Borgeson said, include using ridicule or sarcasm to put down a worker. Covert forms include telling that person his or her work is inferior but withholding information that would allow the person to improve, and creating a work situation that makes it difficult for the person to succeed.

Whatever the case, he should start documenting the inappropriate remarks now, Borgeson said.

“On a Word document, keep the file on a flash drive, not on your work computer,” she said.

And, yes, he should enlist the help of his union.

“When he meets with a union rep,” she said, “he should bring with him (1) copies of the performance reviews from his previous managers that document their praise for his work and (2) documentation of the bullying from the current boss.”

And he should also encourage other targeted co-workers to do likewise, she said.

As for recording the tense encounters, the young man can legally do so in New York without telling the boss.

“Save these files and back them up,” she said.

On a legal and policy note, your relative could find relief under state and federal anti-discrimination statutes or the company handbook.

For example, if the young man and other employees are being harassed because of such things as their race, religion or disability, they might be covered by anti-discrimination laws and could file a complaint under those statutes or could go through a company internal grievance process, said employment attorney Sheree Donath [ ].

If such a scenario doesn’t apply to your relative, then the next step would be for him to check the company handbook or union contract for anti-bullying provisions, Donath said.

If the company handbook doesn’t address bullying, a section on workplace violence, might, Donath said.

“While bullying is not generally physical, but more psychological in nature, there may be language in the employer’s workplace violence policy that can be extended to include your relative’s circumstance,” Donath said.

If all else fails, the young man should still consider raising the issue with management and the union, she said.

But most of all, she said he should act quickly “to halt the effects of his new boss and to end the psychological hold the new boss has over him.”

Go to bit.ly/libadboss for more on the definition of workplace bullying.

Column by CARRIE MASON-DRAFFEN

‘Contractor’ not so independent; may be eligible for unemployment

DEAR CARRIE: I have worked part time at a printing company for about 20 years. I was a regular hourly worker until about eight years ago, when the owner announced that everyone would become an independent contractor. Despite that, I still have to punch in and out, and I continue to get paid-time off, including two weeks of vacation and five sick days. Over the years, the company’s sales have slowed, and sometimes I wouldn’t get paid every week. A few years ago, the company was as many as six weeks behind on paying me. In January the problem started again. After two weeks of getting no paychecks, I had enough and told the company I wouldn’t work until I got paid. The owner finally paid me but said he wouldn’t call me back to work until things picked up. It is now June, and I am still not working. Am I eligible for unemployment benefits, and, if so, did I wait too long to apply? Or am I ineligible because I am an independent contractor? — Benefits Status

DEAR BENEFITS: The key question regarding your eligibility for benefits is whether you are an employee or the opposite — an independent contractor.

“Qualification for unemployment benefits depends on whether there is a true employer-employee relationship,” said attorney Sheree Donath [ ]. “An independent contractor does not qualify to receive unemployment benefits.”

The facts you have provided lean toward an employer-employee relationship.

Regulations that determine whether someone is an independent contractor look at such things as how much supervision, direction and control a company exercises regarding the person and whether that individual receives fringe benefits, Donath said. Those fringe benefits include the paid-time off you mentioned.

True independent contractors are in business for themselves, Donath said. They may have their own place of business; carry their own business cards; set or negotiate their own pay rate; offer services to other businesses, and are free to refuse work offers and may choose to hire help.

“You did not provide any facts to support that you were truly an independent contractor,” she said.

What’s more, a misclassification by your employer wouldn’t disqualify you from unemployment benefits.

Employees “may still be eligible for unemployment benefits if they are classified as an independent contractor,” Donath said.

Though you are probably an employee, you’ll have to deal with whether you in effect resigned when you refused to return to work until you were paid. Generally, people who qualify for unemployment benefits have lost a job through no fault of their own.

But Donath said you may have records that show you didn’t quit.

“If you have emails explaining the reason you stopped working in January and that you did not quit, especially if the decision for you not to come into the office was a directive from the company,” Donath said, “you should provide these with your application.”

If you do not have such emails, perhaps some other records or history of communications between yourself and your employer may help establish that you didn’t quit, she said.

Here’s the bottom line: She suggests that you file for unemployment benefits right away.

“You should explain to the unemployment office,” she said, “that your employment has been effectively terminated as there is no work for you to perform and that your employer has refused to provide you with hours.”

Go to http://bit.ly/LIemployee for more distinctions between employees and independent contractors.

Column by Carrie Mason-Draffen