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The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord
I have a pretty general e-commerce (kinda) question here. If I were to set up a system in which people donate small sums of money for a chance at being able to 'win' a donation in their name to a registered npo of their choice, while simultaneously keeping a percentage of that money for myself, what kind of legal poo poo am I into here? I'm sure I'd have to pay taxes on probably all of it right?

As an example, if, over the course of a month, 1,000 people donated a total of 1,000 dollars at a dollar each I would then give each person a 'raffle ticket' for every dollar they donated. Whoever wins gets to make a donation of $500 to their charity of choice and I keep the rest for server costs and personal profit. I know it sounds ludicrous but I've been considering giving it a go as, aside from legal stuff, it would cost me almost nothing to set up. Just want to make sure it isn't illegal under some kind of tax law or anti-lottery law or... whatever.

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The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord

entris posted:

Try this thread for the tax issues.

Sweet, thanks for the link - but is there any other funny law about making donations in someone elses name or anything like that?

e; If it matters I live in MA.

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord
Well that takes care of that then now doesn't it.

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord
If only I did... I don't really know why I thought this was a viable idea - I knew that lottos and poo poo were not legal for regular rear end citizens to hold. I guess I thought of it more as someone paying for services rendered (by the way of them paying me for me to post something on my website) and then, as a bonus, there was a chance that they would win their name on a donation to a major charity but - upon reflection, that's totally bogus haha.

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord
I'm in NY and I just found a somewhat disturbing thing out about the way payroll is done in my company. We clock in to work using a fingerprint system, so they have the exact hours we have worked every day. If I show up to work later than 8:30 by any amount, I am given some number of points toward the "yo, you are late too often and now you are fired" number. If I am late by 00:00:01 - 00:14:59 I get .25 points. I thought these points where just a tally system, but it turns out that they also simply do not pay you for that amount of time. This means that on days where I have been literally late to work by less than 60 seconds, I am not being paid for an entire 15 minutes of my time. I am expected to work during this time. Is this in any way legal?

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord

dos4gw posted:

Not a New York lawyer but:

(1) There's may well be a provision for this in your employment contract in which case, yes it probably is legal.

(2) Just don't be late for loving work! You can get angry about how they are 'stealing' your 14 minutes and 59 seconds or you could just acknowledge what time you need to leave to get there on time and make sure you leave by then.

Also not a lawyer of any kind but my understanding is that employees cannot waive flsa rights under contract, this would include being paid at least minimum wage for time worked.

Additionally, I wasn't complaining about my company wanting me to be punctual so I'm not sure where that second point came from but I'll keep it well in mind the next time someone dives onto the subway tracks.

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord

Thanatosian posted:

If they want him there on time every day, are they going to pay him for the time he wastes showing up early? No? Then they can loving suck it up.

I am the original poster.

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord

dos4gw posted:

What are the alternatives? There needs to be some kind of incentive for people to turn up on time. If the company pays their wages from time X anyway, there is no penalty for being late and it's easy to imagine punctuality becoming a widespread problem. If the company just pays someone from when they arrive then it dilutes the concept of starting times because someone might just decide to be 5 minutes late and not get paid for it, in which case there's a problem with certainty of starting times and again it's not hard to envisage a widespread problem with punctuality.

The employer could of course treat an employee being late as a repudiatory breach of contract and fire them on the spot. That's the attitude I would advocate and yes for the avoidance of doubt I do hate unions.

The system is already in place to deter people from showing up late every day. They give you points on a scale. Once you hit 8 points in a year you are suspended without pay for 3 days. Once you hit 10 you are fired, no questions asked. It seems not only unfair but also against the letter of the law to demand someone work for you for free. My issue with this system is not that people working here are held accountable for being late, but instead that the company is literally forcing people who are late to work without pay because they are late.

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord

ibntumart posted:

Generally speaking, under FLSA, non-exempt employees must be paid for every hour worked. On the other hand, FLSA doesn't prevent employers from reducing a non-exempt employee's wages as discipline for an infraction.

New York probably has its own laws about when and how pay can be docked, though. You should contact your state's equivalent of the Department of Labor and explain your situation.

Thank you for a well-reasoned answer :).

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord
My cat may have eaten and was absolutely exposed to Difethialone in a box simply labeled 'Poison' under the radiator of a room in my apartment. Our lease allows cats, I asked our landlady before we got the cat if it would be OK to have a cat, and she has since seen and interacted with the cat -- and she never told me that there was rat poison in the apartment. It was installed just over a year ago, and my vet has treated the cat for it. Would I have a legal/moral leg to stand on here if I tell her she will be paying the ~400 dollars in vet costs that I will be racking up over the next month, or am I just upset and not thinking clearly?

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord

Cruseydr posted:

First off, at least your cat is alive. :3:

Did you see them put the poison there, or could it have been left from a previous tenant? If you didn't notice it, it's likely that she didn't when the last person moved out.

I called her and she confirmed that she had it installed a touch over a year ago, she also provided me with the name of the company who installed it. They then confirmed the type of poison from my description of it. And yes, she is alive for now but rat poison doesn't kick in for a day or two -- I'll have the blood test results tomorrow.

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord

Arcturas posted:

What do you mean by "installed"? Is it like a rat trap with poison in it? A random box of poison that someone can spread when they feel like it? I'm not really clear here.

In any event, legally I think you'll have a tough time. If a child got into it, yeah, the landlord might be liable, but a pet...I dunno. I think a judge would be skeptical. Morally, it's up to you whether you want to ask the landlord to help you with medical bills.

I mean she called an exterminator and he came to the house and placed poison in a box and then placed that box under our radiator at her behest.

I guess I'll talk to her about it but I'm certainly not trying to spend time in court anyway. Thanks dudes :)

The March Hare fucked around with this message at 21:36 on Nov 22, 2013

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord
I'm in NYC -- landlady just sent me a text telling me that she is working to renegotiate the terms of her mortgage as the property is being foreclosed. Text also said we have to still pay her the rent and that she understands if we want to move out during the process.

As far as I know, I should figure out who currently owns the property (could be the bank) and pay whoever the owner of the property is the rent, which may not be my landlady. I should also get all of this in writing and document everything I mail to and from anyone.

Does this all sound reasonable? I suppose I could also contact some kind of local renters rights group or something.

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord
(NYC renter)

Attack of the increasingly slummy landlady part II, cold-air boogaloo.

While I was at work today my LL came to collect rent and one of my housemates decided to ask if she could have someone fix our fridge. The seal on the door is a little busted up and it doesn't seal completely.

She had some dude come over, near as I can tell a certified by someone sales/repair(???) dude -- he didn't really speak english super well when I called to talk to him.

My best guess at what happened was the dude came over, said the door was broken, made up a reason for why the door was broken (his exact phrasing to me was "too much stuff in door, something happen") and sold her a $400 fridge to be delivered tomorrow.

Now I'm no fridge expert, but I'm reasonably sure that my small bottle of apple cider vinegar, some normal condiments (mustard, ketchup, relish, a few salad dressings) do not have enough weight to cause the door on the fridge to shift or bend or whatever his enigmatic claim is. It is at an absolute maximum 10 lbs total across three shelves (I did the math. If every single bottle was full, which they are not, it would cap at 25.34 lbs). None of the shelves are broken or bowing and they are made of pretty cheap plastic. The door is a normal fridge door, loads of metal super sturdy.

That said, our lease absolutely does not have a special clause about us being responsible for wear/tear or anything, it is just a standard lease from Staples or something -- really run of the mill stuff. She has claimed in a text message that it is "not normal wear/tear" and told me that I now owe her for the new fridge.

I told her I wasn't going to pay for upkeep and that I wasn't buying the whole "you did something extra-normal and broke the door" argument (because I didn't.)

What the heck do I do about this? Our place is in foreclosure and she's getting fairly hostile. I know I should move out but I cannot afford to do that right this minute, so I'm open to ideas on h ow to handle the fridge poo poo. Additionally, been here going on 2 years never been late with rent etc. totally normal tenant and the apartment is in fine enough shape otherwise.


e; I told her I wasn't going to argue fault and that I would like her to cancel the fridge coming in so I can have someone do a repair assessment. She made this call without telling me and then contacted me the day before the replacement shows up well after business hours. I think this is the most reasonable response possible?

The March Hare fucked around with this message at 01:34 on Mar 11, 2014

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord
She just told me to have the fridge empty by tomorrow so they can put the new one in and then lied to me telling me that my co-tenants all agreed to this (none of them have, I spoke to all of them.)

I then sent her exactly the following:

"Again, to be clear, I am not going to accept a new appliance and will refuse entry to the apartment in the event that one arrives. I appreciate your efforts, but would like to obtain a repair quote from a third party and was not given sufficient notice to do so. Please cancel or delay the delivery until I am able to obtain a quote."

To which she replied, "You cannot tell me what to do. It's my building. I already paid for the stuff and that is that..." and then "You don't want to pay...that's fine too... That's what security is for...."

This all comes after she sent:

"I find you are so out of place and disrespectful. I am 45yrs old who owns other buildings in this great big city for the last 22yrs andq never once I had a tenant not understand the rules of living as a tenant in NY. Every upgrade is to be charge to you the tenants...why? Because you are using it."

So at this point she has in writing told me that I am responsible for all "upgrades" to the apartment, that she will deduct the cost of a new fridge from my security deposit, and that she can enter the apartment whenever she wants to because it is her building.

What the christ. I'm just going to call a tenant's rights place in the morning and skip work to guard my place from http://www.nytimes.com/2014/02/25/n...ve%2Bin%2F&_r=0


I'm not sure what is worse at this point. Just letting the dude come in with a new fridge and refusing to pay for it, or refusing entry. Either way I clearly need to look for a new place to live.

ee; I think I've basically decided that I don't care what she does. I can't stop her from coming in if she wants to, so if she wants to install the thing it is on her. I've made it clear that I didn't agree to pay for it and if she wants to file she can feel free.

The March Hare fucked around with this message at 04:38 on Mar 11, 2014

The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord

NancyPants posted:

Dude, ignore the bitch. Don't speak to her unless it's in writing and only if you're obligated to. Pretend that people are watching or everything is being recorded for review later and just let her be crazy while you just keep quiet and be reasonable. Your don't need to respond to her retarded bullshit emails; let them speak for themselves.

You don't need to refuse delivery of the fridge to not be responsible for it. She's going to try to take your deposit anyway because she's in foreclosure; it's up to you whether you're going to pursue her for it later down the road. Take dated pictures of your fridge tonight so you can document that you didn't destroy it, and then you're done. You don't need to do anything more than that. Leave the place clean when you go and take pictures to prove you didn't tear down the walls and poo poo all over the carpet. You're making this way more complicated than it needs to be.

Yeah, you're right and now that I've had a minute to collect myself I agree. I'm just going to let her do whatever and we're going to try to talk to her when she arrives bc I honestly just don't have time for all this bullshit.

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The March Hare
Oct 15, 2006

Je rêve d'un
Wayne's World 3
Buglord
I mean yeah I can legally, I more meant practically and physically.

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