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Questions Answered by Brad S Kane
1 Answer | Asked in Employment Law for California on
Q: In California I had 12 hours in a single day from two separate shifts grave then swing am I entitled to overtime?

I am on a 4x10 schedule and neither single shift was over 10 hours but the different start times put me at 12 hours on that day

Brad S Kane
Brad S Kane
answered on Jun 26, 2022

Your question is complicated. First, the general rule is overtime after 8 hours or 40 hours per week, though different rules apply to certain job categories. In addition, California permits alternative work weeks like 4 days with 10 hours per day without payment of overtime if there is a valid... Read more »

2 Answers | Asked in Employment Law for California on
Q: Can a company deduct accrued time in increments of an hour on the hour if you're late or leave early during your shift?

We used to be allotted 20 hours of UPT every quarter and we're charged 1 hour for every segment of each hour that we were not on the clock, ie. *6-60 minutes late = 1 hour deducted

*(5 minute grace time)

61-120 mins. late = 2 hour deduction

early departure 1-60mins. =... Read more »

Brad S Kane
Brad S Kane
answered on Jun 22, 2022

A company may have a rounding policy, but it must be neutral. Here the policy does not appear neutral. This means you and your co-workers are being cheated on your hours. There may be a possible class action or Private Attorney General Act claim. You should consult with an employment lawyer. Most... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Can my CA employer, require me to stay in a rented location w/ co-workers?

I am a Non-exempt employee and my CA employer wants to rent a house and require me and my co-workers to stay at this home for several days, paying me only for the hours of the various business meetings throughout the day, beginning with a breakfast meeting and ending with a dinner meeting. We are... Read more »

Brad S Kane
Brad S Kane
answered on Jun 22, 2022

If you are required to literally stay in the rented location and are not free to leave, then you should be entitled to compensation. On the other hand, if the employer is providing you with a place to stay and you are free to come and go in your off time, you are not entitled to compensation.

2 Answers | Asked in Employment Law for California on
Q: Company forced 1 hour lunch breaks on me when I was only taking 30 minutes with no breaks
Brad S Kane
Brad S Kane
answered on Jun 22, 2022

An employer can require employees to take a 1 hour unpaid lunch break. If you are working during your lunch break, you must be paid for your time working, but you can be disciplined and even terminated for insubordination.

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2 Answers | Asked in Employment Law for California on
Q: Anyone know of any websites to check where I can look for open lawsuits against employers or other resource?
Brad S Kane
Brad S Kane
answered on Jun 17, 2022

You can look up lawsuits against an employer in Los Angeles County by search in the case name index in the Los Angeles Superior Court website.

https://www.lacourt.org/paonlineservices/civilindex/cipublicmain.aspx

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1 Answer | Asked in Employment Law for Washington on
Q: Can I be fined or arrested by my employer for forgery of a medical document for medical leave?

They refused to do my foot surgery and I couldn't work and I needed to pay my bills and my father's hospital bills. They found out by the doctors office that they didn't sign the medical paperwork after they already approved my leave. An investigation is on and they're asking me... Read more »

Brad S Kane
Brad S Kane
answered on Jun 17, 2022

First, you can be disciplined and/or fired for submitting forged paperwork.

Second, if you received benefits that you were not entitled to based on the forgery, your employer could report the crime to the police. It would be up to the prosecutors to decide whether to prosecute you, not your...
Read more »

1 Answer | Asked in Employment Law for Alaska on
Q: Is there an exception to Article 3. for example if you did not discover you were not paid you were entitled to in 2021
Brad S Kane
Brad S Kane
answered on Jun 15, 2022

Claims for unpaid overtime or minimum wage must be filed within two years from the date the work was actually performed. Claims for straight-time wages or other promised benefits should be filed within three years from the date the work was actually performed. You should file a claim as soon as you... Read more »

2 Answers | Asked in Employment Law for California on
Q: My former employer put the following very strong, broad and not limited in time Non disparagement clause. Is that normal

Non-disparagement. The Employee agrees to refrain from taking actions or making any

defamatory, derogatory, disparaging, or false written or oral statements regarding any of the

Released Parties and agrees not to make any comments, statements, or the like to any

media... Read more »

Brad S Kane
Brad S Kane
answered on Jun 14, 2022

Yes, such non-disparagement provisions are quite normal and customary.

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2 Answers | Asked in Employment Law for California on
Q: Can I sue for lost wages if my CEO announced that the company pays employees more than they do?

The CEO of Madison Reed recently gave an interview which was published on Fastcompany.com stating "Cosmetologists are not particularly highly compensated... We pay three times the industry average, and healthcare benefits." I made approximately $65k the last 2 years and when I looked up... Read more »

Brad S Kane
Brad S Kane
answered on Jun 14, 2022

Unfortunately, an average is just an average, not an enforceable promise that you personally would be paid that amount.

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1 Answer | Asked in Employment Law and Sexual Harassment for Washington on
Q: I filed a sexual harassment complaint against my supervisor, and while the investigation is completed, it seems wrong.

I attempted to quietly change my schedule, as I wanted to phase myself out of my supervisors shifts due to sexually suggestive remarks. When I explained this to a store manager, he told me it was a mandatory SH complaint. As of this morning, HR concluded their investigation, and not only is he... Read more »

Brad S Kane
Brad S Kane
answered on Jun 9, 2022

Sexual harassment claims are very fact specific. In order to be actionable, the supervisor's harassment must be either: (i) severe; or (ii) pervasive. In other words, a single incident of inappropriate touching may meet the severe threshold. While frequent "flirty" comments about... Read more »

2 Answers | Asked in Civil Rights and Sexual Harassment for California on
Q: I was at a casino yesterday and was wearing an outfit that was “showing too much” and they made me go change.

Their website says nothing about a dress code however and I was just wondering if that violates any laws. It made me feel like I was being heavily discriminated against.

Brad S Kane
Brad S Kane
answered on Jun 8, 2022

Your employer has very broad discretion to control what you wear at work. I am not aware of any legal basis for challenging an employer's decision to require you to change clothes and wear an outfit that is less revealing.

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2 Answers | Asked in Employment Law for California on
Q: how long after separation employer must pay?

Hello, I quit my job (more of a constructive fire) when I quit I asked about my final pay and there was an agreement that they would bring it to me (where I live) because the owners live near me in the same town. They haven't brought the checks in 2 weeks despite me constantly asking about it... Read more »

Brad S Kane
Brad S Kane
answered on Jun 7, 2022

If you are terminated, you are entitled to all compensation earned, including accrued vacation, within 24 hours.

If you quit, you are entitled to all compensation earned, including accrued vacation, within 72 hours.

For each day late, you can entitled to 1 day's pay up to a max...
Read more »

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1 Answer | Asked in Employment Law, Gov & Administrative Law and Government Contracts for Washington on
Q: Is it legal to film public employees doing or not doing there jobs.

Is it legal to film government employees working or not working? For instance, a park employee sitting in the truck for hours, a utilities employee at Starbucks for hours.

Brad S Kane
Brad S Kane
answered on Jun 2, 2022

Yes, you can take video of public employees in public spaces as long as you are not trespassing to do so. Please note that you cannot record audio without all parties consent, unless they are in a situation where there is no reasonable expectation of privacy.

2 Answers | Asked in Employment Law for California on
Q: I sued Company A and settled. Found employment at Company B. Company A bought Company B. Will I be terminated?

I worked for Company A from 2016-2018. I sued for wrongful termination and settled. I found employment at Company B in late 2018. Company A recently bought Company B and will begin to merge shortly. After reviewing the settlement agreement there was a clause "Agreement not to seek future... Read more »

Brad S Kane
Brad S Kane
answered on Jun 2, 2022

Depending on the language of your settlement agreement, once the purchase is complete, the new owners may have the contractual right to terminate you. You should have a lawyer review the specific language.

In addition, California is an at will employment state, so you can be terminated for...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: Is it customary to require I cc my attorney's legal secretary on every email? And her reply in lieu of my attny?
Brad S Kane
Brad S Kane
answered on Jun 1, 2022

Whether the attorney or the staff communicate directly with you is very much dependent on the individual firm culture.

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2 Answers | Asked in Civil Litigation, Employment Law and Civil Rights for California on
Q: Should previous employer keep using my personal information?

I was laid off from my job in 2020, and they are still using my personal information name etc to do shipments. Is that identity theft? They shouldn't be using any of my information since they laid me off

Brad S Kane
Brad S Kane
answered on Jun 1, 2022

You may have a claim for unauthorized use of your name for commercial purposes under Civil Code 3344. You may be able to recover the greater of $750.00 in statutory damages per use, your damages from the use or your former employer's profits from the use, reasonable attorney's fees and... Read more »

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2 Answers | Asked in Employment Law for California on
Q: what does someone do to get wages due to them that are being denied, falsely?
Brad S Kane
Brad S Kane
answered on May 24, 2022

File a complaint with the Division of Labor Standards Enforcement or hire an attorney to represent you.

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1 Answer | Asked in Employment Law for Washington on
Q: What are the requirements for a paycheck deduction when a private employer needs reimbursed for an employee's excess

wear and tear to a company vehicle.

Brad S Kane
Brad S Kane
answered on May 24, 2022

Your employer needs a document signed by the employee authorizing any payroll deductions, except payroll deductions required by law.

1 Answer | Asked in Employment Law for California on
Q: I was in a commercial for a company I worked for, never signed anything or was compensated. Should I have been?

A couple years ago I was in a commercial for a rather large pizza company that I worked for as an hourly employee in the Bay Area, I never signed anything, was never compensated, and the commercial is still continuing to be aired (even during giants games and large sporting events), is this... Read more »

Brad S Kane
Brad S Kane
answered on May 24, 2022

You have a potential claim for unauthorized use of your image for a commercial purpose under Civil Code 3344, which provides for $750 in statutory damages, actual damages, profits derived from the unauthorized use and reasonable attorney's fees. You should speak with an employment lawyer. Most... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: am not in violation of US Code neither statute. I was also wrongfully terminated

addressed to them: why speculate? solicited I.M. took place around your own presumptive allegedly in February or March 2022.Question: Mr.& Ms. what's IM solicitation relevant with? What is this have got to do with me? stipulation as far as recorded data and my recollection are concerned,... Read more »

Brad S Kane
Brad S Kane
answered on May 20, 2022

This is an educational forum. Your post does not ask a question or provide any information from which a question can be inferred. If you can re-post with a question, we will try and provide a meaningful answer.

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