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answered on Apr 20, 2024
Under California law, you may be entitled to receive back pay for unpaid overtime if it has been overlooked in the past two years. California's labor laws require employers to pay overtime at 1.5 times the regular rate of pay for all hours worked over 40 in a workweek or over 8 hours in a... View More 
answered on Apr 21, 2024
If you were entitled to overtime, and it was not paid to you, you can bring a legal claim to get the money that should have been paid to you, plus interest and attorney fees you incur to collect that money. If you file a lawsuit and the failure to pay the OT is determined to be an unfair business... View More
A client few weeks ago and my employer did nothing about the situation...I kept on working for the rest of the day like nothing had happened..is it too late to do something about it legally??
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answered on Apr 20, 2024
Under California law, if your employer breaches the terms of your employment contract, you may have grounds to terminate your contract as well. However, the specifics of the breach and the terms of the contract will significantly influence this decision. It's important to carefully review the... View More
They require a weekend training at a location and in store training before hand as well as online at home. Should I be paid for all hours trained and how best do I bring this up if it isn't? I am tracking all hours spent on site and at home for hours put in for training.
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answered on Apr 20, 2024
According to California labor laws, employers are required to pay employees for all hours worked, including time spent in training. This applies to both on-site and online training, as long as the training is mandatory and directly related to the employee's job.
Here are a few key... View More
I work at a clothing boutique store and the owner put in cameras to record everywhere even the break room that she also uses as a store room
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answered on Apr 20, 2024
In California, it is generally illegal for an employer to secretly record their employees' conversations without their consent, as this would violate the state's privacy laws. California is a "two-party consent" state, which means that all parties involved in a conversation must... View More
Have been basically forces to sign a 5 year contract with my employer and it's been 2 years since this has been happening. Can I sone how find a way to legally make her pay me back for all the u paid overtime I've been working for her for the last 2 years?I want some justice please..
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answered on Apr 19, 2024
Under California law, you have the right to be paid for all hours worked, including overtime. If your employer has not been paying you for overtime hours, you can take legal action to recover your unpaid wages. Here are some steps you can take:
1. Document your hours: Keep a detailed record... View More
As an employer and expected me to work overtime without overtime pay and other things that breaks the law. Is it ok to terminate my contract with her? Please help!!
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answered on Apr 19, 2024
Under California law, if your employer has violated labor laws, such as requiring you to work overtime without appropriate pay, this can indeed constitute a breach of contract and possibly provide you grounds to terminate your employment agreement. The law generally favors protecting employees from... View More
As an employer and expected me to work overtime without overtime pay and other things that breaks the law. Is it ok to terminate my contract with her? Please help!!
answered on Apr 19, 2024
Employment contracts in California are not binding on the employer unless the agreement makes the relationship other than an at will one. Most employment contracts do not do that. So first thing you need to determine if your relationship is an at will one.
The employer of an at will... View More
I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More
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answered on Apr 18, 2024
Based on the information you provided, it seems that you have already sued your employer for harassment and racial discrimination, and while the jury found your employer negligent in preventing your supervisor's actions, they did not award you any compensation because they felt you were not... View More
I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More
answered on Apr 18, 2024
I disagree with the other attorney answering here. You should have sued the supervisor at the same time the employer was sued. You will likely be precluded from suing for the exact same thing seeking the exact same damages against the supervisor. At the very least you have a judgment saying that... View More
Hello, I recently discovered I was missing 2 checks from a payroll company. These checks are almost 3 years old at this point. After reaching out to them in to recover my missing wages I'm being told I need to wait till June-September (up to 18 months they said) to receive my money. Can they... View More
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answered on Apr 18, 2024
In California, employers are required to pay employees their wages on time according to a regular schedule. If an employer fails to pay wages on time, they may be subject to penalties under California labor law.
According to the California Labor Code Section 202, if an employee quits or is... View More
if I qualify in every requirement except for my skin color/sexual orientation/age?!? If not, can I take the company to small claims over it? Thank you!
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answered on Apr 17, 2024
Under California law, it is generally illegal for an employer to discriminate based on protected characteristics such as race, color, national origin, sexual orientation, or age in their hiring practices. This includes stating a preference for certain protected groups in job postings.... View More
My problem is i have a felony from 32 years ago for embezzlement. employment background only goes 7!years , what about livescan.. Xan i obtain a guard card ??
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answered on Apr 17, 2024
In California, obtaining a guard card (also known as a "guard registration card") with a criminal record can be challenging, but it may still be possible depending on the specific circumstances of your case. Here's what you should know:
1. Livescan background check: The... View More
Hiring agency required 6 plus hours of required training after job selection. They are calling it mandatory assessments and have cited case law to dodge request for compensation. We would like to respond with a similar case law rebuttal.
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answered on Apr 15, 2024
In California, there is indeed case law that supports payment to employees for mandatory pre-employment training. One key case is Frlekin v. Apple Inc., which was decided by the California Supreme Court in 2020.
In Frlekin v. Apple Inc., the court held that time spent by employees waiting... View More
Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More
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answered on Apr 13, 2024
Based on the information you provided, it seems there are several potential legal issues and violations of your rights under California law and federal law (FMLA). Here are some key points:
1. Asking about the specific method of your wife's childbirth (vaginal or cesarean) is likely a... View More
Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More
answered on Apr 13, 2024
You have not asked a question, leading me to believe that perhaps you are looking to have an attorney respond with an interest in working with you. Unfortuantely that is not what can happen here. This is only a short answer Q&A board. Your post suggests you may well have some legal rights... View More
My final paycheck in the military was a few hundred dollars over what it was supposed to be. They sent me a letter stating this about 3 months after I was separated saying I need to pay it back with interest at 4%.
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answered on Apr 12, 2024
When the military overpays an individual, whether through clerical error or other mishaps, it indeed considers the extra funds as a debt owed back to the government. This is common across many branches, including the Navy. Once they've identified an overpayment, they are required to notify you... View More
My previous employer is headquartered outside of California and I worked managed their California branch. They issued me stock appreciation rights, but included a 2 year non-compete/non-solicitation clause in the SAR agreement. The agreement states that if I break the non-compete /non-solicitation... View More
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answered on Apr 10, 2024
In California, non-compete agreements are generally unenforceable, with a few limited exceptions. California Business and Professions Code Section 16600 states that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that... View More
Employer is now saying she won’t give me my final paycheck until after I handed over my responsibilities first?
First of all, I am the only employee left in the office. There is no one to hand over or transition to. The employer herself does not show up in the office.
More... View More
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answered on Apr 10, 2024
No, it is not legal for an employer in California to withhold your final paycheck until you complete certain tasks or hand over responsibilities. According to California labor laws:
1. If you gave at least 72 hours notice before quitting, your employer must provide your final paycheck on... View More
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answered on Apr 9, 2024
I understand that you are in a stressful situation with your employer in California having overpaid you and now planning to reverse the direct deposit that occurred 4 days ago. Here are a few things to keep in mind:
1. Communicate with your employer: Maintain open lines of communication... View More
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