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Questions Answered by Brad S Kane
3 Answers | Asked in Employment Law for California on
Q: Part-timer, my schedule is 10 am - 5:30 pm. I clocked in at 9:45 am and started working. Employer changed time to 10 a

Our restaurant does not have any hand book nor a contract when hired. I had to work overtime a few days due to how busy it was. But the employer had changed my time card so they wouldn't need to pay me over time. They have not notified me of these changes prior to changing it. I have found... View More

Brad S Kane
Brad S Kane
answered on Aug 29, 2023

You are entitled to be paid for all hours worked, including overtime. You also are entitled to 1 hour of premium pay for each day you do not receive your required meal break. The same is true for rest breaks. Keep your own records. If you need this job to support your family, look for another job,... View More

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2 Answers | Asked in Employment Law for California on
Q: Are meal break penalty waivers legal? This is a “blanket” waiver for all days worked if we don’t clock out for lunch

California: I work in an event heavy position where it’s difficult to take 30 min lunches every 5 hours - it has been typically fine for us hourly employees to rarely clock out during these 10-16 hour days due to always having to be on-call or needing to be available.

Our boss recently... View More

Brad S Kane
Brad S Kane
answered on Aug 21, 2023

You can only waive the first meal period if the total work day is no more than six hours. Thus, the meal waivers appear in invalid.

According to the Division of Labor Standards Enforcement,

In California, an employer may not employ an employee for a work period of more than five...
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4 Answers | Asked in Employment Law and Health Care Law for California on
Q: Can my dr refuse me to return to work now that my disability has run out due to me refusing to have blood work done.
Brad S Kane
Brad S Kane
answered on Aug 17, 2023

Refusing to have blood work done is a legitimate reason for a doctor to refuse to return you to work. The doctor's job is to make a medical judgment and you are preventing the doctor from having the necessary information to make an informed judgment.

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4 Answers | Asked in Employment Law for California on
Q: Can an employer shave time off of my timecard.

For example I was five minutes late clocking out and they changed my time out.

Brad S Kane
Brad S Kane
answered on Aug 16, 2023

Your employer is required to pay for all time worked. If you worked beyond the end of your shift, then your employer must still pay you. The employer's remedy is discipline.

However, if you finished work and waited 5 minutes to clock out, then your employer's action was correct.

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2 Answers | Asked in Employment Law and Real Estate Law for California on
Q: I’ve come across a Zillow post I believe isn’t following the law.

They want an on-site manager who lives in one of their units. The units go for $2695 but they are offering $600 discount on rent. They expect this manager to have another job to supplement their income, as they won’t be paying. Is what they are asking legal or am I right on that according to... View More

Brad S Kane
Brad S Kane
answered on Aug 13, 2023

The employer is required to pay you at least minimum wage for all hours worked. The employer is only allowed limited deductions for lodging credit. After the lodging credit is used you must be paid.

Whether you are compensated for on-call time is factually complex.

See the linked...
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Q: My employer said I cannot make a discrimination claim because I am causation, is that true?

I have been being called "white girl" and "Karen" by an African American staff, and was told I cannot fil a discriminations claim because I am the majority. I am being targeted for my race and UCSF said I have no stance due to my race.

Brad S Kane
Brad S Kane
answered on Aug 9, 2023

What you are being told is not true. A person of any race can bring a claim for unlawful racial discrimination in the work place. You should confirm their position in writing.

Before you do attempt to do so, you should speak with an employment attorney. Most provide free consultations.

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2 Answers | Asked in Employment Law for California on
Q: If employee works 3 hours, then takes a lunch break, then works another 6 hours, are they entitled to a 2nd lunch break?

This is in California, regarding a FT non-exempt. Wondering if they are ok to work the 6 hours without the lunch break, considering they already took one earlier in the day.

Brad S Kane
Brad S Kane
answered on Aug 1, 2023

The answer is no. According to the Division of Labor Standards Enforcement,

In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total...
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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I have many items that my employer is in the wrong, first thing is i have been mislabeled as an independent contractor,

Unpaid wages, unpaid mileage, and discriminated against. About 2 weeks ago the owners came and made changes, and since then I have been the only employee who has not worked, they have even hired new people. Also I was the only female maintenence worker, now only the males employee have been put... View More

Brad S Kane
Brad S Kane
answered on Jul 30, 2023

You may have claims for gender based discrimination, wrongful termination and labor code violations. You should consult with a knowledgeable employment lawyer. Most provide free consultations. In the meantime, you should consider applying for unemployment, since the employer has stopped providing... View More

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4 Answers | Asked in Employment Law, Real Estate Law and Landlord - Tenant for California on
Q: I have stayed "rent free" camping next to a vacant office bldg as 'caretaker' but not paid 5yrs. What rights do I have?

I have not been provided access to utilities (water, electricity, sewer). The landlord has tried to make sure I am 'not considered a tenant' by allowing me to put utilities in my name, use as a mailing address, et cetera. He asks/requires me to be security / caretaker and I have to do... View More

Brad S Kane
Brad S Kane
answered on Jul 22, 2023

If you are performing work for the owner of the building, you are likely an employee entitled to minimum wage for all work performed. Your employer can only get a limited credit for providing "lodging", though it sounds like the situation would not qualify as lodging provided by the... View More

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2 Answers | Asked in Employment Law for California on
Q: Rude supervisor

My supervisor always talks to me heavy, offensive emails.

is it harassment?

Should I report to HR or employer?

If they ignore me, what should I do?

Brad S Kane
Brad S Kane
answered on Jun 10, 2023

For it to be illegal harassment, it has to be motivated by hostility toward your membership in a protected class such as race, religion, national origin, gender, gender expression, pregnancy, military service, disability, etc. or opposing illegal conduct.

However, your employer's...
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2 Answers | Asked in Employment Law for California on
Q: Can my employer force me to sign an indemnification contract that bars me from any recourse if I am injured on the job?

Contract appears to only benefit the employer, in perpetuity, against legal claims due to my possible injuries. (To work PT in a summer camp.)

Brad S Kane
Brad S Kane
answered on Jun 10, 2023

Such a waiver is likely void as against public policy.

Work related personal injury claims against employer are governed by Workers Compensation rules, which should not permit such waivers without Worker's Compensation Appeals Board approvals.

Similarly, other claims like...
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4 Answers | Asked in Employment Law for California on
Q: Can I sue my previous employer?

I worked for a day before I left for other ventures and he has not paid me. It has been a couple months now and I let him know to mail it to me. I have not received anything yet, he told me to pick it up in the office but I told him I would not be able to because I work and my schedule would not... View More

Brad S Kane
Brad S Kane
answered on Jun 5, 2023

Yes. Pursuant to Labor Code 202(a), "Notwithstanding any other law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for... View More

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Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?

I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More

Brad S Kane
Brad S Kane
answered on Jun 3, 2023

As someone who has handled these types of cases, you are probably owed a lot more than $50K if you were working 24/7, since August 2021 through May 2022. Under Wage Order 5 and the Domestic Worker's Bill of Rights, you should receive overtime after 10 hours per day, plus there are strict... View More

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... View More

Brad S Kane
Brad S Kane
answered on May 29, 2023

First, you should speak with your lawyers about your concerns. Good mediators often have limited availability and coordinating multiple counsels schedules can result in significant delays.

Second, and more important, you mention that this is a seven figure class action. As a class...
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1 Answer | Asked in Employment Law for Washington on
Q: If I am terminated from my employment for violating a work policy, am I allowed to request a copy of that policy?

My separation of employment states I violated a work policy that i have never seen of heard of or been trained on in the seven years I worked for the company.

Brad S Kane
Brad S Kane
answered on May 24, 2023

You can absolutely ask for a copy of the policy. You have a right to review the contents of your personnel file under RCW 49.12.240.

RCW 49.12.240 and 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and...
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4 Answers | Asked in Employment Law for California on
Q: Would the fact I'm 60 yrs old and quit a job I love with good pay to being unemployed,show believability of toxic wplce?

I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... View More

Brad S Kane
Brad S Kane
answered on May 21, 2023

A toxic workplace is not necessarily illegal. To have a claim for constructive wrongful termination, your supervisor's actions must be motivated by a hostility toward a protected class, such as age over 40, race, religion, gender, gender expression, sexual orientation, military service,... View More

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3 Answers | Asked in Employment Law for California on
Q: What are the rules around in-kind payment in California -- Los Angeles, specifically?

I live in a building in which the part-time front desk staff are paid in-kind in rent credits at local minimum wage per hour worked. This arrangement has been in place since before I moved in 14 years ago. Our new management company says it's illegal, but the owner has lawyers who would... View More

Brad S Kane
Brad S Kane
answered on May 18, 2023

Read section 10 of the appropriate wage order. Order No. 5-2001 covers public house keeping -

10. Meals and Lodging

(A)"Meal" means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.

(B)"Lodging" means living accommodations...
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3 Answers | Asked in Employment Law for California on
Q: Can an employer take disciplinary action up to termination for “creating a hostile work environment” by talking wages?

I know employees are federally protected to talk about wages amongst each other however my employer is saying that by talking about wages in the work place it creates a “hostile toxic work environment”. therefore they can discipline us up to termination for that “hostile” environment... View More

Brad S Kane
Brad S Kane
answered on May 12, 2023

You have a legal right to discuss wages in the workplace. Your employer cannot discipline you for creating a hostile work environment by discussing your wages.

Employers cannot prohibit employees from discussing or disclosing their wages, or for refusing to agree not to disclose their wages...
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2 Answers | Asked in Contracts, Employment Discrimination and Entertainment / Sports for California on
Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?

Answered, thank you!

Brad S Kane
Brad S Kane
answered on Mar 22, 2023

Unfortunately, the statute of limitations for unauthorized use for commercial purposes or the common law tort of invasion of privacy is 2 years from the date of the first publication. Thus, it is likely those claims are time barred.

Assuming you are a SAG member and it is a SAG contract,...
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1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: What's the average compensation due to victim for wrongful termination due to retaliation for seeking internal transfer?

I have proof of retaliation.

Brad S Kane
Brad S Kane
answered on Mar 21, 2023

First, each wrongful termination case is very fact specific, there is no "average" compensation standard.

Second, more important, an employee seeking a transfer is not a legally protected right that would support a retaliation claim unless it is motivated by hostility toward to...
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