I am a U.S. citizen but I have noticed (and spoken with an immigration attorney here in NYC) about the fact that I am having trouble getting hired because my union won't hire anyone without an ID and green card. Is this legal from an immigration law standpoint? I am a fourth-generation American and I resent having to prove I am legal - what's the best course of action to take?

Answer: This is a common immigration legal question. Employers must screen all new employees as a way of determining if they are eligible for employment. They must ask the same questions and require the same forms and paperwork of everyone. There are no sanctions for employers who have in the past hired an undocumented employee but there may be further penalties for people hired more recently. Whether in NYC or anywhere in New York, all employees must be treated the same during the hiring process.

Dear My Hometown Lawyers,

My boss is now requiring that all employees carry plastic see-through bags as purses to work. Can this be legal? I do not like the idea of co-workers knowing the contents of my purse.

Answer: Under the law, employers generally may impose whatever dress-code restrictions they want on employees. There really isn't anything illegal about see-through purse requirements. While you and your co-workers may not agree with the methodology, it sounds like your boss is concerned with theft via employees. Although the law may give your employer the right to ask for see-through purses in the workplace, you also have the right to find employment elsewhere.

Q: How can I collect on small claims court cases I have won? I have filed the abstract of judgment, and it still seems there is no real power to collect on these rulings unless I find where the person in question banks and then file for garnishment of wages? Please help! -Jason ("marketing director"/photographer)

A: Unfortunately, it can be difficult to collect after a judgment is handed out. In Texas, for example, a good bit of personal property is exempt and thus, cannot be taken to satisfy a judgment. In many cases, however, the person you sued will end up paying. This is because most people tend to pay their debts vs. living with the consequences, and because getting more credit becomes difficult and expensive. 

If you are not paid, however, you can garnish money in a bank account if you know where the person in question has an account. If you ever gave a person a check, look on the back to see where it was deposited and work backwards from there. You can do a little detective work or hire a PI to assist you.

Also, although there is no wage garnishment in Texas, you can garnish money owed if the person is known to be self-employed. Remember, your judgment will also remain on his credit report until it is settled. This is typically enough to ensure you are taken care of.

No. Texas law states that a merchant, with the exception of a government agency, may not charge a customer more if the customer uses a debit card instead of cash. Of course, the law doesn't require that merchants take credit cards, but once they do they may not charge you more on average. I suggest you let the store manager know that he didn't have the right to charge you the extra 5%, and that if he doesn't refund it, you will take the store in question to court if needed. Charing this illegal extra amount on a card also violates a basic tenant of Deceptive Trade Practice Act, and you could be entitled to at least double the amount paid. You also may want to let the attorney general's office know if you notice this practice.

You cannot go to jail for failure to pay a court judgment. Under Texas law, a debtor has certain protections. If you own or are buying your home, if cannot be taken away to pay a judgment, unless the judgment is for taxes, the mortgage on the home, or for a home-improvement loan on the home. This is the homestead law. 

A certain kind of property is not merely owned, but rather is held under some sort of document or written indicator of ownership, called "title". This includes real estate, motor vehicles, boats and trailers; bank accounts, stocks, and bonds. In such cases, ownership after divorce is not complete until title has been property transferred or otherwise dealt with.

As with every other part of your divorce, it is always much easier if your spouse will co-operate with you. If this is not possible, you can usually accomplish your goal some other way, but not always. If your spouse is not co-operative, then getting title is merely the first step - you still have to get possession. In some cases it means a lot to have possession first, as with bank accounts that could be spent while you are waiting around to get title. If you cannot get possession in any peaceful way, you may have to seek the help of a divorce attorney or give it up.