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 »
Cousin passed (indigent), estranged from son lost to CPS and adopted; no other heirs but 4 cousins. Contacted through medical records, I was the closest. Can I legally act as agent to secure her property, make decisions, and conduct discovery for legal docs? Son expressed no interest in the estate... Read more »
If your cousin had signed a Health Care Directive, that document would say who has the right to make her final arrangements. If you don't know whether she signed a Health Care Directive, the hospital may know and/or the Coroner may allow you to make the call. You can pay for the cremation and... Read more »
I’m a salaried worker. Am I required to do so. I would be in my personal vehicle.
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.
I used the inspection contingency to cancel the purchase of a home, and the buyer decided not to sign my cancelation and create their own to go into arbitration. The buyer's Agent has not responding to my Agent telephone calls and emails since I signed their cancelation on January 12, 2022.... Read more »
I think you mean that the seller refused to sign and accept your cancellation of the contract.
Arbitration is exclusively a creature of contract. Unless there is a signed agreement in which you agree to arbitrate any dispute, you would not be required to arbitrate. Similarly, the time in... Read more »
My father just passed away. He only had $30,000 in a bank acct that my brother is on too. He left ZERO debt and there is no dispute between sibling. There is just a mobile home valued at about $25,000 at most. Do we have to go through probate because there was no will? How do transfer it so that we... Read more »
You can probably use a Small Estate Affidavit to collect both the bank account and the mobile home. No need to file anything in court. Any probate attorney licensed in California can help you with this for a very modest fee.
She is handicapped n in her 50's
A California attorney could advise best, but your question remains open for a week. I'm sorry for your aunt's fall. What can she do? She could start by reaching out to California attorneys who handle slip and fall cases. Most law firms that handle such cases usually offer free initial... Read more »
everyone off of the land.
If you chose the second option, the costs of evicting you and the rental value of the house for the entire time you’ve been there, plus attorneys fees, will be taken out of your share of the proceeds when the property is sold.
There is no option where... Read more »
If the house was inherited by another person and you, then that other person has just as much right to the house as you do. So, by you taking 100% possession and not allowing the other owner to benefit from the inheritance, you are taking and using someone else's asset. Think of it this way:... Read more »
A family member of mine was bequeathed a house from a living trust. He has not claimed it because he doesn’t work so he can get medi-cal to cover the medical care that he needs. Would he be able to claim it and transfer it to someone else without it affecting his qualifications for medical or his... Read more »
No. Deeds are public records that anyone can see and receive a copy of simply by asking the County Recorder and paying the copying fee. Many counties have their deeds online for easy access. Also, be aware that there is a “look back period” before someone can qualify for some needs-based... Read more »
My fiancé and I live in California and are about 40 years old. We hope to marry and have children soon. He has one living ten year old son by late wife. I will likely need to reduce or even quit work to care for his child once we marry. My fiancé has significantly more money, including retirement... Read more »
When a couple sets up a trust, each person gets to say to whom the person wants his/her/their half of the community property and all separate property. The other person gets to say who wlll receive his/her/their assets (again that person's half of the community property and all separate... Read more »
My fiancé and I live in California and are about 40 years old. We hope to marry and have children soon. He has one living ten year old son by late wife. I will likely need to reduce or even quit work to care for his child once we marry. My fiancé has significantly more money, including retirement... Read more »
I agree with you that as a new couple, you need a financial plan to be put together with the assistance of a financial planner. I also recommend a pre-nuptial agreement aka "prenup" to address your commingling and financial planning concerns. Prenups are typically handled by family law... Read more »
The car was at tow yard. The tow yard had a lien sale the car was sold to a lady the lady never registered it in her name. She sold the car to her nephew a couple days after she bought it from the tow yard.he never registered it in his name either.. I bought it from the nephew a couple days later.... Read more »
It is never OK for the police to lie. But you are not clear about what the lie is? If the police told you that this is a civil matter and the DA won't file on it, I agree with them.
Your beef is with the nephew. You can sue him in small claims court.
How do I know if the award amount is just? I had a lumbar lower back injury that required surgery.
you hire an attorney to help you throught the process and especially to set you up with a fair and unbiaed doctor who eventualy writes a final report upon which is based a fair and accurate stipulation. if you signed a stipulation with no attorney to advise you, then you get what you got and do... Read more »
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?
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 »
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.
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?
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 »
Properties in the name of one son, executor. Is the interest of the other brothers protected? He said he did this for tax purposes
First, please know that no one has an automatic right to another person’s assets. If a parent chooses not to give money to one child or another, the parent has that right — just like you have the right to choose to whom you want to give your assets. There is no law forcing anyone to give their... Read more »
Selling used clothes is legal.
We were told that there were no more funds in our family trust. We took their word. Now we find out about a court hearing and we need to know what form or forms to fill out before Jan.20,
2022. I am next in line for co executor. But we really need to know what we need to do to enter... Read more »
I suggest you hire a lawyer with probate experience in the appropriate venue before the next court date.
The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your... Read more »
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 »
The PTO accrual cap does not have to reasonable. PTO is not required by law.
He had a pension but never received it are my brother &I entitled to any of it if so how do I inquire about it
Most workplace and private pension schemes provide death benefits and, in the event of death, the beneficiaries should contact the pension scheme administrator for more information. Pensions are considered to sit outside of the estate, which means that when the pension holder dies, their... Read more »
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