I am salaried employee at the large company but I have been working in the kitchen same like hourly cook because the short staff. The person who works same hours, they get $32/hour plus overtime but I don't get any overtime because I am salaried employees. Some month, I was not allowed to take... Read more »
To be properly classified as an exempt (salaried) employee, you must be paid at least double the minimum wage assuming a 40 hour workweek, must spend the majority of your time performing tasks that are considered executive, professional or administrative as those terms are defined in the Wage...Read more »
I was fired in covid leave without being tested. I've contacted them for months and still have texts and screenshots of proof I was informed i had to already wait months because my check went to corporate.
Your former employer had a duty to have your final paycheck available for you at the normal place of business on the day you were terminated. A willful failure to timely pay your final paycheck can result in you receiving Waiting Time Penalties equal to one day of pay for each day you are made to...Read more »
There is not enough facts to understand whether your termination was legal or not. The general rule is in California, you are considered an at-will employee unless you have a valid contract to the contrary about your employment status. At-will employment essentially describes a working environment...Read more »
I hired a law firm to represent me in a case of Harrasment, Sexual Harrasment, Discrimination, Whistleblower, Retaliation, Wages not paid , Failure to give breaks. I left on a medical leave since things got bad with my health, seeing Psychiatrist/Psychopharmalogist and Psychologist PHD for months... Read more »
Your attorney is correct that there are certain civil deadlines that can not be circumvented. Once the case is filed, there are even stricter civil deadlines that your attorney has to deal with. If the attorney misses these deadlines, this can affect your case negatively and an attorney can be...Read more »
I am sorry this has happened to you. In California, you are considered an at-will employee unless you have a valid contract to the contrary about your employment status. At-will employment essentially describes a working environment in which employers are free to change the terms of employment,...Read more »
So I’ve worked with a company for 8 years now . I’ve been part time , but I have a full time interview soon . I speak more Spanish , but they’re going to interview me in english . Is there anything I can do , here in California .
You may request an interview in Spanish; however, the employer is not obligated to provide you with an interview in Spanish. If it declines, you may not have a recourse unless you know that this employer had extended the same request of interviewing in Spanish to other potential applicants....Read more »
It is unclear from your question if you are being represented by an attorney or not. If you represent yourself, you can settle and dismiss the case. However, if you are being represented by an attorney, you cannot settle with your employer behind your attorney's back. Your attorney has a lien...Read more »
Mandatory workplace COVID – 19 Vaccinations are lawful with some exceptions based on disability and religion. If you are not eligible for those exemptions and still chose to refuse to get a vaccine, your employer will be within its right to terminate you and you will not have recourse....Read more »
So since working for employer I have had missing wages issues that never were addressed after a month of getting the run around I felt hopeless because the clock in were changing when I am well aware of my clock in times. Sunday was my normal schedule day and 4th of July landed on that day I was... Read more »
You are entitled to recover all wages you think are owed to you plus the waiting time penalties. Complaining about the missing wages is a protected activity and it is unlawful to terminate an employee for engaging in this activity.
You have a few options available to you. You can send a...Read more »
I was working as a bakery, had no other option, manager told me that’s the only position that was available, I was bossed around a lot through the whole hours that I was working, manager even told the one in charge of bakery that “it was better when she was alone” while I was getting ready to... Read more »
I am sorry you went through this bad experience but there is nothing unlawful about your boss not allowing you to change the positions, talking bad to you, and bossing you around. In California, you are considered an at-will employee unless you have a valid contract to the contrary about your...Read more »
If you plan on requesting a medical exemption, you need to show your employer the doctor's note with restrictions related to your condition. Your employer will need to work with you to accommodate your restrictions. The exemption is not automatic in the sense that just because you request it,...Read more »
I’m a process server who gets paid hourly. When I started part of the job was to work 9-5 then after that I’d also work as an I.C. . But that has since been taken away and they no longer wanted us to do after hours work and have hired actually I.C. But those I.C aren’t really doing a good... Read more »
Your employer may require you to work as many hours as it is necessary for the business. However, you have to be compensated for all overtime hours if you work more than 8 hours a day and/or more than 40 hours per week. Your employer cannot avoid paying overtime by designating you as an Independent...Read more »
continually praised for my work by all of the personal. Last Aug I was laid of due to Covid-19. I wasnt called back when things opened up, and I have learned that a man had been hired to do my job and has been doing it since I was laid off. Do I have a case?
What you have described may be discrimination; however, not all discriminations are unlawful. Specifically, only discrimination due to your membership in the protected class of people or because you engaged in protected activity are legally actionable. You have not mentioned any facts that...Read more »
Hi, I have a work situation. I work under a job agency and they found me employment working for a Cherokee Nation project. I was told if I worked in a certain area at that job that I would be paid time and a half. So I volunteered to work in that specified unit. When I tried entering my hours... Read more »
In California you are considered an at will employee unless you have a valid contract to the contrary about your employment status. At will employment essentially describes a working environment in which employers are free to change the terms of employment or terminate employees at any time,...Read more »
I got fired from my job recently. They basically told me I got fired for “disruptive talk and behavior.” At the place everything you do and say is all audio/video recorded. They won’t give me any information on anything. They also said I got... Read more »
You are an at will employee. At will employment essentially describes a working environment in which employers are free to terminate employees at any time, without cause, explanation or prior warning, provided it does not violate state and federal anti-discrimination laws. Specifically, it is...Read more »
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