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Questions Answered by Yitz Erik Weiss
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Are there hour requirements for salary

Example if you agreed to 40 hrs a week 5 days a week 8 hrs a day can they just tell you it change to 52 hrs a week and not raise your salary or try to fire you if you can’t commit to 52 hrs a week

Yitz Erik Weiss
Yitz Erik Weiss answered on Aug 30, 2019

If you are properly classified as an exempt employee and paid on a salary basis, then your employer could increase your hours without any additional pay, unless you have a contract that states otherwise.

That being said, many employees are incorrectly classified as exempt and paid a salary...
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2 Answers | Asked in Employment Law for California on
Q: Can a company ask you to work for 2 days as a "work test" period with no pay before they offer to hire you?

HVAC company offering a dispatch position. Already had an initial interview, that is when they told me about this "work test" thing. I have never heard of anything like this before and it set off some red flags

Yitz Erik Weiss
Yitz Erik Weiss answered on Jul 18, 2019

You are required to be paid at least minimum wage for all hours you perform work on behalf of the company. This sort of work-for-free period would not be permitted.

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2 Answers | Asked in Employment Law for California on
Q: What can I do about getting fired and not getting payed?

I got payed last on June 19th which is everyone’s payday (every 2 weeks) I have direct deposit. I got fired the 27th and so I thought I would get my last paycheck on payday, but I didn’t. That was suppose to be on the July 3rd. It’s July 17 and still nothing. Also when I got fired, the... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on Jul 17, 2019

Under California law your employer is generally required to pay your final wages at the time of your termination. If they failed to do so, you may recover the unpaid wages plus you may be eligible to recover a penalty in the amount of your daily earnings for up to 30 days.

You should...
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2 Answers | Asked in Employment Law for California on
Q: Does a 7½ hour shift need to have 2 10 minute breaks and a lunch, or just 1 break and a lunch

My last job only gave 1 10 minute break and a lunch, but I wasn't sure if another 10 minute break was needed. What is the correct amount of breaks for 7½ hours?

Yitz Erik Weiss
Yitz Erik Weiss answered on Jul 4, 2019

With a work shift of 7.5 hours, you would be entitled to a 30-minute lunch break and two 10-minute rest breaks.

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1 Answer | Asked in Employment Law for California on
Q: Pay for California commission-only automotive service advisor. Guaranteed min wage while learning. Do I get OT?

I'm considered exempt. While I'm learning, commissions don't exceed min wage, so they pay minimum. I work 12-hr shifts. Must they pay OT for hours exceeding 8 per day/40 per week, or can they pay straight time for everything? Seems to me that, while they're paying me minimum wage, I should not be... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on May 17, 2019

To answer your question fully would require more details on your current job situation. It is not clear from your question which overtime exemption your employer is applying to your job position.

In a recent case, the Supreme Court in Encino Motorcars v. Navarro determined that service...
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1 Answer | Asked in Employment Law for California on
Q: In California, if an employer has a grandfathered sick leave policy, does that exempt them from timing requirements?

My employer provides earned sick leave vs lump sum hours provided at the start of the year. But they also have a use it or loose it policy, no unused sick leave is rolled over into a new year. They offer more than the min required amount of sick leave, but on Jan 1st we start over with a 0 balance.... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on Feb 28, 2019

In general, under the Healthy Workplaces, Healthy Families Act of 2014, an employer who had an existing paid leave policy or paid time off plan at the time the law went into effect in 2015, can maintain those policies and be deemed in compliance if the plan meets the following requirements:... Read more »

1 Answer | Asked in Employment Law for California on
Q: I have not received my request for payroll records or my commission check, I was terminated 22 days ago.How do I collect

I had earned my commissions as of my termination date (5/1/2018) and submitted written request for payroll records the same day. They are now past the 21 day period allotted for in labor code 432. How do I collect the $750 that I am owed per labor code 226 (b) and (c)? I think they will also fault... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on May 23, 2018

Penalties for failure to produce the requested employment records may be recovered by the Labor Commissioner or through a civil action. If you have unpaid wages you may also be entitled to recover the wages and waiting time penalties.

You should consider contacting an employment attorney...
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1 Answer | Asked in Employment Law for California on
Q: Placed two weeks notice and didn’t receive final paycheck until 11 days after last scheduled day of work. Compensation?

Notice was placed 4/2/18, last scheduled day of work was 4/21/2018. Received last two weeks of work paycheck 4/26/2018 and accrued vacation check on 5/1/2018. Am I due 8 business days of wages or 10 days total of wages? I’ve emailed the store I worked at along with the benefits administrator... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on May 7, 2018

Since you were terminated, your employer was required to pay you all wages due immediately. If your employer failed to pay, then as a penalty to your employer your daily wages continue to accrue from the date of your termination until they are paid (for up to 30 days). The penalty continues based... Read more »

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: Employee Termination

Hello,

We are a small drywall company in Ventura, CA - under 10 employees. We have had an employee that fell off a ladder and a work comp claim was filed. He was on light duty and now is fully released.

However, we have found that he has been lying about his hours worked and... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on May 2, 2018

This question involves analysis of a lot of specific facts and potential issues that cannot be addressed very well in this forum. You should consider consulting an employment lawyer to discuss the matter privately and evaluate your options.

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1 Answer | Asked in Employment Law for California on
Q: What is the time frame to receive your final paycheck when terminated?

I was terminated April 25 and was told the accountant won’t be back until May 5th for my final check

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 30, 2018

If you are terminated, your employer is required to pay you all wages due immediately. If your employer fails to pay, then as a penalty to your employer your daily wages will continue to accrue from the date of your termination until they are paid (for up to 30 days). In your case it sounds like... Read more »

1 Answer | Asked in Employment Law for California on
Q: Hello my last employer has been refusing to pay me my last check . I have been trying to collect it for two weeks

It is my understanding that i was entitled to my check 72 hours after termination. Furthermore state law is every day not paid i shall receive one days wage for every day .

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 18, 2018

If you are terminated, your employer is required to pay you all wages due immediately. If you resign, then your employer has up to 72 hours to pay. If your employer fails to pay, then as a penalty to the employer your daily wages continue to accrue from the date the wages were due until they are... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can an employer just take away your sick hours you have aquired? I went from 37 to 5 hours without using them.
Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 17, 2018

A reduction in available sick days without them being used may be problematic.

Under The Healthy Workplaces Healthy Families Act, California employers are required to provide paid sick leave to certain employees. An employer can satisfy the requirements by providing the full three days of...
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1 Answer | Asked in Employment Law for California on
Q: Hello. I work in the state of California and I'm getting 10.50 hr isnt minimum wage 11.00 in california. What to do?

I asked for a raise in the beginning of the year I only got $0.50 but I read online that if you have more than 26 employees working for you you need to pay them the minimum of $11 an hour. So my question is how much is a minimum wage in the state of California.

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 12, 2018

As of January 1, 2018, the California minimum wage for employers with 25 employees or less is $10.50/hour. The California minimum wage for employers with 26 employees or more is $11.00/hour.

1 Answer | Asked in Employment Law for California on
Q: What can I do if I’m owed a months worth of unpaid wages due to owner passing away and company shuts down?

Total amount owed just for me =8,478.00

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 10, 2018

Under California law, if you are terminated you must be paid all outstanding wages on your last day of employment. If you resign, your employer generally has 72 hours to pay all outstanding wages. If your employer did not comply, you are entitled to the outstanding wages and may also be able to... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is my employer’s rules illegal?

I’ 18 and works part time in a bakery for the fourth month. We have more than one stores with over 26 employees in total of these stores, and I have worked in all three stores every month depends on the shifts. I usually do not get tipped often and so I’ve never received any tips. I am... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 9, 2018

Under California law, you must be paid for all work hours. An employer cannot make you work "off-the-clock" in order to avoid paying you or to avoid incurring overtime obligations. Your are also entitled to a 10 minute rest break and a thirty minute meal break if you work more than five hours in a... Read more »

2 Answers | Asked in Employment Law for California on
Q: My employer isn't paying me my OT . And isn't reporting my graveyard shifts . Also I suspect there's more illegal things

What should I do?? also there's another co worker that is also getting affected were powerless .

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 9, 2018

If you not exempt from overtime pay, then your employer must pay you the appropriate overtime premium for all overtime hours worked. In general this includes all hours worked in excess of 8 hours in a day or in excess of 40 hours in a week. Your employer must also accurately report and compensate... Read more »

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1 Answer | Asked in Employment Law and Tax Law for California on
Q: My boss doesn't pay me on time or in full...and writes me personal check taking taxes out but I don't know how much?

I filled out my w2 when I started.i received my 1st check late..my 2nd check bounced and since then I haven't been paid on time or in full. I have no indication of how much hes taking out of my checks each week.i haven't received my tax forms from him so I'm not sure what taxes are taken out...what... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 5, 2018

Under California law, your employer must pay you in full for all hours worked. You must be paid on time, on the regularly scheduled payday. Along with your paycheck, your employer must also provide a wage statement detailing, among other things, your hours worked, rate of pay, and all deductions.... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is it Legal in California to reduce the amount of commission received when a client does not pay within 40 days?

I am in sales and if my client does not pay within 40 days my commission is reduced by 25% over 60 days it is reduced by 50% and over 90 days I get no commission for the sale. If the client pays my company after 90 days they still get payed but the sales people receive zero commission. We have a... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 5, 2018

This will depend on the terms of your commission agreement. In California an employee working on a commission basis must be provided with a written agreement, which must be signed by the employee. A commission agreement would typically set forth the commission rates, as well as the method of... Read more »

1 Answer | Asked in Employment Law for California on
Q: Pto payout?

My company is based in Kentucky and doesn’t always follow or understand California labor laws. They operate locations in 26 states. In 2018 they switched to a company wide pto plan where they “gift” all pto hours on January 1 and believe by saying its a “gift” they don’t have to pay it... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 4, 2018

Under California law, earned vacation time is considered a form of wages. Therefore, a "use it or lose it" policy for earned vacation time is not valid under California law. However, an employer may place certain reasonable limits on a vacation policy, such as a "cap" or "ceiling" on the number of... Read more »

1 Answer | Asked in Employment Law for California on
Q: employer wrongly classifying me as an independent contractor and paid me cash so he could avoid taxes.

Just started two weeks ago at job employer not given me w4 to fill out as hourly employee. Found out he has decided to classify me as independant contractor and now paid me with cash so he wont have to pay any taxes. I work at an auto garage and am being trained as I go, all work is at employers... Read more »

Yitz Erik Weiss
Yitz Erik Weiss answered on Apr 3, 2018

There are several potential issues that should be addressed. Based on your description of the job you are performing, you should likely be considered an employee and compensated accordingly. You should consult with an experienced employment attorney to further discuss your rights and options.

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