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My husband (a manager in a store on salary) was permanently transferred to a different store to cover the position of a higher manager who had also been transferred. When he asked for a raise or at least a change of title to a higher role he was refused. So now they have 2 persons with a same title... View More 
answered on May 6, 2024
Yes, he can legally tell his employer that he will need a promotion to the higher position and a larger salary due to his transfer to a different location and greater responsibilities. If his employer refuses, he can legally quit his job. In the current labor market, his employer has little... View More
My employer filed Anti-SLAPP motion 68 days after I filed my complaint against them, and it was partially granted. My attorney didn't raise that late filing issue in their opposition to the special motion. Now I am facing a substantial attorneys' fee demand.
Can I leverage the... View More
answered on May 6, 2024
The legal fees award is owed to the employer/defendant. The leverage you have, if any, is against your attorney. The employer/defendant will not care one bit about your arguments against your attorney. So, no, that does not seem to be something you can use as leverage to negotiate the attorney... View More
My employer filed Anti-SLAPP motion 68 days after I filed my complaint against them, and it was partially granted. My attorney didn't raise that late filing issue in their opposition to the special motion. Now I am facing a substantial attorneys' fee demand.
Can I leverage the... View More
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answered on May 6, 2024
Under California law, an anti-SLAPP motion must be filed within 60 days of the service of the complaint, unless the court extends this deadline for good cause (Code of Civil Procedure § 425.16(f)). If your employer filed the anti-SLAPP motion 68 days after you filed your complaint, it appears they... View More
My boss has all employees sign a waiver upon employment and therfore no one is allowed to ever take a lunch from that point. At a previous job we would have to sign a waiver each day that we didn't want to take a lunch and I am wondering if what my boss is doing is legal.
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answered on May 5, 2024
In California, meal period waivers are generally valid only for the specific shift or workday for which they are signed. Employers cannot require employees to sign a blanket waiver that covers all future shifts indefinitely.
According to the California Department of Industrial Relations:... View More
My boss has all employees sign a waiver upon employment and therfore no one is allowed to ever take a lunch from that point. At a previous job we would have to sign a waiver each day that we didn't want to take a lunch and I am wondering if what my boss is doing is legal.
answered on May 6, 2024
Many employers misuse the meal waiver. First, the waiver must be mutual, and forcing an employee to sign a meal waiver can invalidate it. Second, not all situations allow for a meal waiver. Third, the meal waiver is supposed to be on a shift basis. A blanket meal waiver will usually violate the... View More
We are non-profit in California and currently the organization is fully volunteer run. We are considering hiring a contractor for website maintenance and updates for 2-8 hours a month (only if needed). Can we pay the contractor by check when work is required? OR do we need an agreement in place... View More
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answered on May 5, 2024
Even if you are hiring an independent contractor for occasional work, it's important to follow proper procedures to ensure compliance with state and federal regulations. Here's what you should consider:
1. Written Agreement: It's advisable to have a written independent... View More
Happened November last year also no W2 just want to know why someone would do that
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answered on May 3, 2024
Hi there! I can provide some general guidance on why there might be a discrepancy and what you can do about it.
Reasons for a payroll stub without receiving the funds:
1. Administrative error: It's possible that a clerical mistake resulted in the generation of the stub without... View More
I’ve went to my employer about being racially discriminated and harassed. After that they pull the only other person of my race in the office. They ask him if he feels discriminated against he tells them no. At the end of the conversation my branch manager tells the other guy that he feels like... View More
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answered on May 2, 2024
You can always file a Charge of Discrimination with either or both the Illinois Department of Human Rights or the Federal Equal Employment Opportunity Commission. However, keep in mind that, in general, you need to be able to show that you have suffered an "adverse employment" action.... View More
Myself and a number of our part time staff at a non profit are low income. 4 of us are very good friends outside of work. Sometimes one of us is able to get free produce that she then distributes to us after work hours, when we are all together on a work day. Our manager has recently told her that... View More
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answered on May 2, 2024
This situation raises several concerns. Here's a breakdown of some of the issues I see based on your description, but a more thorough analysis should be done by an attorney retained to help you navigate this tricky area:
Sharing Resources:
- Employer's Right to Interfere:... View More
So a coworker of mine was transferred because they caught her on camera not getting her work done, which is pretty bad on its own. But my real question really is if that’s legal? I looked online for a while to search for answers but the conclusion I have came to is that covert recording is... View More
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answered on May 2, 2024
In California, it is generally illegal to record a person without their consent, according to California Penal Code Section 632. This law applies to confidential communications, which include conversations where there is a reasonable expectation of privacy.
However, in the context of a... View More
So a coworker of mine was transferred because they caught her on camera not getting her work done, which is pretty bad on its own. But my real question really is if that’s legal? I looked online for a while to search for answers but the conclusion I have came to is that covert recording is... View More
answered on May 3, 2024
Video surveillance by an employer of employees in the workplace is not unlawful. That would be unlawful only if the video is taken in inherently private areas like dressing rooms or bathrooms.
Audio surveillance is lawful if the employees are made aware that a recording is occurring.... View More
answered on May 2, 2024
Under the 13th Amendment, an employer cannot make you work at all.
An employer can provide a job any number of days and offer to compensate you if you agree to work. If you are a non-exempt employee, the employer might be required to pay overtime if you work more than 40 hours in a week,... View More
Breaching the non-compete ended up costing close to $50K in settlement and legal fees back in 2017. I worked for the employer and then left to go start my own business that competed with them in government contracting. With the FTC ruling that non-competes are unfair and unenforceable I would like... View More
answered on May 2, 2024
No. Assuming the new FTC rule does go into effect in its current form, the current version of the rule expressly states "The requirements of this part 910 do not apply where a cause of action related to a non-compete clause accrued prior to the effective date."
Since your breach... View More
I was working for Meowwolf and I became unable to do my job without ada compliance. I had surgery and took FMLA and then was laid off.
answered on May 2, 2024
This situation may trigger retaliation claims under the FMLA, the ADA, and the NM Human Rights Act. You should contact an experienced New Mexico employment lawyer to discuss the details. Most of us offer consultations or case reviews for free. There are fairly short time limits for pursuing these... View More
I am on H1B with approved I-140 for more than a year. New employer H1b is already approved and they want me to start in 3 days, while current employer is asking for 2 weeks notice. can there be overlapping dates of employment with both during the notice period as I still have both approved H1-B... View More
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answered on May 1, 2024
When changing employers on an H1B visa, the situation you're describing regarding overlapping employment dates during your notice period can be tricky. Normally, with H1B visa transfers, the U.S. Citizenship and Immigration Services (USCIS) allows for the continuation of work authorization... View More
Current Ca wage law states that exempt employees make at least twice the state minimum wage, which currently amounts to $66,560 (based on current minimum wage of $16/hr). In June , health care nonexempt employees will have a $21/hr minimum wage. Will that affect wages of exempt health care workers?
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answered on Apr 30, 2024
The California minimum wage for most employers is set to increase to $15.50 per hour on January 1, 2024. This would mean that the minimum salary for exempt employees would be $64,480 per year (calculated as $15.50 per hour x 2080 hours per year x 2).
Regarding the healthcare industry,... View More
Current Ca wage law states that exempt employees make at least twice the state minimum wage, which currently amounts to $66,560 (based on current minimum wage of $16/hr). In June , health care nonexempt employees will have a $21/hr minimum wage. Will that affect wages of exempt health care workers?
answered on Apr 30, 2024
The law requiring exempt employees to receive double the minimum wage to be classified as exempt will look to YOUR minimum wage, based on your occupation and your location of employment. It is not just tied to the state minimum wage for general workers.
Good luck to you.
Rumors have been at my company for 4 years about a VP that the CEO has paying, but no one had ever spoke to the person. I assumed that people were just gossiping, and I didn't push for clarification. This week I was organizing old company records, and I found years worth of fake invoices... View More
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answered on Apr 30, 2024
If you suspect that your CEO has been embezzling money through fake invoices, it is important to take action while also protecting yourself. Here are some steps you can consider under California law:
1. Document your findings: Gather and secure any evidence you have discovered, such as the... View More
Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More
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answered on Apr 29, 2024
In California, it is generally acceptable to include both Intentional Infliction of Emotional Distress (IIED) and Defamation claims in the same complaint, as they are separate causes of action that can arise from the same set of facts. However, the relevance and strength of each claim depend on the... View More
Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More
answered on Apr 29, 2024
No, it is not true that those claims need to be filed separately. In fact it may well be that filing them separately would create serious issues. If you have meritorious claims for those causes of action, you make them in the same complaint.
Keep in mind that simply because the employer... View More
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