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Questions Answered by Brad S Kane
2 Answers | Asked in Employment Law for California on
Q: Am I entitled to be paid overtime or not?

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 »

Brad S Kane
Brad S Kane answered on Jan 21, 2022

Whether you are entitled to overtime and premium pay for missed meal and rest breaks depends on whether you correctly classified as an "exempt" employee. To be an exempt employee, must receive at least 2 times the minimum wage for 40 hours of week work. In addition, you must perform... Read more »

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1 Answer | Asked in Employment Law for California on
Q: My employer wants me to pick up another employee because they live near my residence and take them to his house daily

I’m a salaried worker. Am I required to do so. I would be in my personal vehicle.

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

Your employer can require you to pick and drop off another employee, but you would entitled to be reimbursement for your mileage from the employee's residence to the office and back to the employee's home.

If you refuse, your employer can terminate you.

1 Answer | Asked in Employment Law for California on
Q: Can California salaried employees be asked to come to work while on bonding leave?

Also, can employees who are salaried be retaliated against for exercising their FMLA rights while on bonding leave? Is there a written law/code to reference any answers and gather more information?

Brad S Kane
Brad S Kane answered on Jan 19, 2022

Both the California Family Rights Act and Federal Family Medical Leave Act prohibit retaliation against employees who take medical leave - provided they qualify for protected leave by working at least 1 year, working at least 1250 hours in the prior year and the employer has at least 50 employees... Read more »

1 Answer | Asked in Employment Law for California on
Q: I quit my job in CA and have not received my last check within 72 hours. Am I entitled to penalty pay?
Brad S Kane
Brad S Kane answered on Jan 19, 2022

Yes. If you resigned, you must be paid within 72 hours. After that time, you should be entitled to an additional day's pay for each day late up to a max of 30 days waiting time penalties.

1 Answer | Asked in Employment Law for California on
Q: If workplace retaliation isn't discovered until after the statute of limitations has passed, is it no longer actionable?

For example, if I started receiving less work and was led to believe it was just because I wasn't suited, but long after I find out that my superiors started telling people not to pick me up for assignments after I made a harassment complaint, would I be responsible for not knowing?

Brad S Kane
Brad S Kane answered on Jan 19, 2022

You have 3 years to request a right to sue letter from the last act of retaliation and then 1 year to file suit under the Fair Employment and Housing Act. Statute of limitations are complex and there are possible theories to extend the statute of limitations. You should consult with an employment... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: IF I DIDNT KNOW MY BOSS WAS GOING TO KEEPMY MONEY THAT HAVE SAVED UP, HOW MANY YEARS CAN I GO BACK TO GET MY MONEY?

I had set up an savings accont on the side with my boss to put half my wage on my check and the other in what he called a "nest egg" savings. We had this agreement for years, no problems what so ever.wheni went to California I took $5000 out of my savings so knew that I had money in my... Read more »

Brad S Kane
Brad S Kane answered on Jan 19, 2022

If you have written documentation, including wage stubs showing that you earned the money and the employer put part of your pay in a "savings account" for you, then likely have claims for fraud, breach of contract, conversion and unfair business practices. Unfair business practices... Read more »

1 Answer | Asked in Employment Law for California on
Q: In California, what is considered a 'reasonable' cap on PTO accrual? How is reasonableness determined?

This is an updated question to be more clear about my situation:

My employer places a PTO accrual cap = annual accrual rate (120 hours). Once the annual earnings are met (120 hours) no PTO is accrued until the balance falls below the cap. Since most PTO is taken at the end of the year, I... Read more »

Brad S Kane
Brad S Kane answered on Jan 18, 2022

The PTO accrual cap does not have to reasonable. PTO is not required by law.

2 Answers | Asked in Employment Law for California on
Q: Is an employer allowed to ghost a seasonal employee?

I was hired as a seasonal driver at UPS. During my employment they started charging me union fees stating that they would be employing me full time. After Christmas they have not been returning my calls or messages. They haven't even told me that I am done working for them or that there is no... Read more »

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

If your employer is legally required to provide an opportunity to inspect and copy your payroll records and the contents of your employment file. You can ask them in writing, if they fail to respond in the prescribed time, you are entitled $750 per type of record and reasonable attorney's fees.

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2 Answers | Asked in Employment Law for California on
Q: Can I be employed by another company while working full-time for my current employer? Do I have to let them know?

Or can I start my own business while being employed?

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

Normally, you can work on anything you want during your non-work hours as long as it does not compete with your employer or violate a provision in your employment agreement such as using trade secrets or confidential information. However, if you are an officer or director of the business you may... Read more »

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2 Answers | Asked in Libel & Slander, Civil Litigation and Sexual Harassment for California on
Q: What type an attorney do I need? Does my company have any liability? Can I countersue for defamation? Who can help me?

My company is being named in an lawsuit. Person A who's role was a mgr (not employee) of my company transferred from Independent Contractors' personal email/computer a video with sexual content to his personal email; never associated with the business. IC found out called the police and... Read more »

Brad S Kane
Brad S Kane answered on Jan 6, 2022

First, you should tender defense of the claim to your insurance company. Hopefully, you have employment practices liability insurance as part of your general liability insurance.

Second, your decision to terminate the IC may be considered retaliation for the complaint. The facts are...
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2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company in CA to include a merit increase in exempt minimum salary threshold increase?

Hello, As of January 1, 2022, is it legal for a company in Los Angeles, California with over 26 employees to include a merit increase in the exempt minimum salary threshold increase for this year?

Brad S Kane
Brad S Kane answered on Jan 6, 2022

If your employer is paying you double the minimum wage for full time employee, it is possible that you are still entitled to overtime, penalties for missed meal and rest breaks, if the other requirements for "exempt" status are not meet. You should consider speaking with an employment... Read more »

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2 Answers | Asked in Employment Law, Business Law, Collections and Employment Discrimination for California on
Q: Hi, I gave a weeks notice at work because I got a far better job that wanted me to start ASAP, my last day was the 28th

My 2 questions are 1) am I owed a days wages for every day after the 28th my check is late, because I read online if you give over 72 hours notice they have to have your check ready on your last day and will be penalized if it's not, and 2) do I have to sign anything prior to receiving my... Read more »

Brad S Kane
Brad S Kane answered on Dec 30, 2021

You do not have to sign anything to receive your final compensation.

You are entitled to 1 day's pay for each day your final compensation is late up to a max of 30 days pay, unless your work for the governmental.

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2 Answers | Asked in Employment Law and Tax Law for California on
Q: final paycheck stopped by bank to ask for verification. Now my bank put 2 week hold on the payroll check. what do i do
Brad S Kane
Brad S Kane answered on Dec 23, 2021

You can ask for your employer to issue a stop payment and provide you with a cashier's check.

The fact the bank put a hold on the final check is a bad sign.

Depending on whether the check is ultimately rejected, you may be entitled to waiting time penalties for each day late up...
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2 Answers | Asked in Employment Law for California on
Q: CA small business closed and I was laid off. I haven't received my last paycheck. What do I do? Am I owed compensation?

Small business of supposedly less than 25 employees. I believe the business was suspended by the FTB, and has taken two PPP loans.

Brad S Kane
Brad S Kane answered on Dec 23, 2021

You have a claim for waiting time penalties against the both business and its officers, directors and managers, who were responsible for the decision not to pay you. You are entitled to your final compensation plus one day's pay for each day late up to a max of 30 days.

You can file a...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer refuses to pay, says she has video me using drugs at work, she allowed us to do. Can that be used against me
Brad S Kane
Brad S Kane answered on Dec 17, 2021

Your employer can fire or discipline you for using drugs at work, but the employer must pay you for all time worked.

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2 Answers | Asked in Criminal Law, Employment Law, Civil Rights and Employment Discrimination for Washington on
Q: What to do

As an employee, Witnessed a manager debate and follow through with assaulting another employee with an ice cube, after stating that same action just broke his glasses, submitted an existential complaint to management, who also neglected their duties, and took adverse action, after the complaint and... Read more »

Brad S Kane
Brad S Kane answered on Dec 15, 2021

You should consider filing a written complaint with HR and/or the top management of the company. The written complaint will at least document your complaint was made in case retaliation by the manager and higher management.

Before you send in the written complaint, you should have a lawyer...
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2 Answers | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: Im looking for a lawyer who can help me with during the company I work for . I work for a cannabis dispensary.

I work for a dispensary that is not complaining with rules and regulations.

Brad S Kane
Brad S Kane answered on Dec 14, 2021

Unfortunately, this is an educational board. We are not able to solicit clients. You should look on Google and AVVO to find a knowledgeable employment lawyer. You should also consider contacting the local county bar referral service. Most employment attorneys provide a free consultation.

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2 Answers | Asked in Employment Law for California on
Q: Is a 1099 worker entitled to mileage reimbursement? If the pays increased for reimbursement, doesnt it need to be list

Didn’t realize got hired as a 1099 until first check. Job offer mentions only base salary being $48k, no mention of mileage reimbursement. I assumed it was a given after previous sales jobs. After 6 months I was laid off, and I requested to be reimbursed for said months. I was told its included... Read more »

Brad S Kane
Brad S Kane answered on Dec 8, 2021

The first question is whether you are really an employee or an independent contractor. Labor Code 2275 provides that: "a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of... Read more »

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Q: Fired for no reason didnt get final check til a year later, can anything be done about that?
Brad S Kane
Brad S Kane answered on Dec 7, 2021

At a minimum, you should be entitled to the maximum waiting time penalties of 30 day's pay. Normally, you are entitled to 1 day's pay for each day late.

You can file a complaint with the Labor Commission or retain a lawyer to assist you. Attorney's fees are recoverable if...
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2 Answers | Asked in Employment Law for California on
Q: I was fired due to an accident driving a truck I was never fully trained to drive....do you think I have a case

Normal training for the position is 3 to 4 weeks, they gave me 4 days worth of training and even when I told them I was uncomfortable they pushed me to drive and told me to before confident

Brad S Kane
Brad S Kane answered on Dec 7, 2021

In California, an employer can terminate you for any reason or no reason, but not a prohibited reason such as hostility toward a protected class such as race, religion, gender, gender expression, national origin, military service, pregnancy, disability or opposing illegal conduct.

Here, it...
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