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Questions Answered by Neil Pedersen
3 Answers | Asked in Employment Law and Civil Rights for California on
Q: I’m a federal employee and going to refuse the vaccine mandate. If fired, will this violate laws meant to protect me?

Vaccine presidential mandate.

Neil Pedersen
Neil Pedersen answered on Sep 15, 2021

Mandatory vaccination is lawful. It has been since 1905 when the US Supreme Court issued its opinion in Jacobson v. Massachusetts. That decision, although old, has been cited to over 800 times and recently by our US Supreme court in the last two years. You will have no recourse if you refuse to... Read more »

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2 Answers | Asked in Employment Law and Communications Law for California on
Q: Boss instructed me to email his client.

If I state in the email, “I am sending on behalf of my boss” and cc my boss, am I personally endorsing the contents and attachments? Even if I was instructed to send.

Neil Pedersen
Neil Pedersen answered on Sep 15, 2021

What you ask is really a question that will depend on the surrounding facts and circumstances. And it is unclear what you mean by personally endorsing. Anyone looking at the paper trial would see your "on behalf of" comment, and hearing your explanation probably conclude that you were... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What are proper steps to take ? Should I get a lawyer first?

So since working for employer I have had missing wages issues that never were addressed after a month of getting the run around I felt hopeless because the clock in were changing when I am well aware of my clock in times. Sunday was my normal schedule day and 4th of July landed on that day I was... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 14, 2021

There is a great deal in your post that may lead to a meritorious legal claim against your employer. It would be a really good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you... Read more »

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4 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can you help me sue my employer, the city of Oakland.

I have a workers comp case (Psych) as a result of bullying and threating by an operations manager. 1. I was retaliated against for filing a complaint (Denied a promotion, interference by Director of Public Works in the Workers Comp process) . 2. I was also harassed, discriminated against and... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 13, 2021

Unfortunately, this Q&A site is not a place to ask attorneys to contact you to work for you.

If you can prove you were harassed and discriminated against because of your religious beliefs, you may well have a meritorious legal claim.

Whether or not you would have a meritorious...
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2 Answers | Asked in Employment Law for California on
Q: I was bossed around a lot, talked bad, wouldn’t let change positions inside market store, can I sue?

I was working as a bakery, had no other option, manager told me that’s the only position that was available, I was bossed around a lot through the whole hours that I was working, manager even told the one in charge of bakery that “it was better when she was alone” while I was getting ready to... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 8, 2021

No, your post provides no legal basis for a lawsuit against your former employer.

While everything you report suggests a terrible place to work, there is nothing reported that suggests unlawful conduct. It is not against the law for an employer to limit your responsibilities, boss you...
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1 Answer | Asked in Employment Law and Legal Malpractice for California on
Q: Does my employer have the right to harass me (just me specifically) for proof of vaccination as I work in a

I recently was brought into a conference room by my supervisor to discuss my vacation hours when I was surprised to see the HR manager in there waiting. They had a list of 5 items they had issues with which I confidently argued my way out of as the company is rife with poor communication and... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 8, 2021

I am sorry but what you describe is not unlawful in any respect. An employer is allowed to talk to employees and question them about their vaccination status, and frankly the employer is allowed to discipline and even terminate an employee who refuses to vaccinate.

You say you think the...
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2 Answers | Asked in Employment Law for California on
Q: My previous employer hasn’t given me my last check. What should I do?

I quit my job last Monday on 8-30-21 it is not 9-7-21 and I still haven’t gotten my last check. When I called and ask about it they just tell me it’s in the mail. But I don’t think it would take that long to receive the check.

Neil Pedersen
Neil Pedersen answered on Sep 8, 2021

Your employer is only required to have your check available for you at the regular place of business within 72 hours of the time you gave notice, or on your last day, whichever is later. If you did not go in to pick up the check, you can be determined to have caused the delay, vitiating the... Read more »

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3 Answers | Asked in Employment Law, Civil Litigation and Civil Rights for California on
Q: How do I request an exemption?

My employer has switched from voluntary to mandatory vaccination offering religious/medical exemptions.

Neil Pedersen
Neil Pedersen answered on Sep 6, 2021

If you have a medical condition that prevents you from taking the vaccine, get a doctor's note indicating as much and present it to your employer.

If you have a closely held religious belief that prevents you from taking the vaccine, you will need to present that information to your...
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2 Answers | Asked in Employment Law for California on
Q: Min wage in my area was to go up to 15/hr july 1 2021. I was still being paid 14.25/hr plus i had overtime
Neil Pedersen
Neil Pedersen answered on Sep 6, 2021

You have asked no question. I must assume you think that if you place these statements here, someone will answer with a desire to work for you. That is unfortunately not how this site works. This is simply a Q&A board, and it would be inappropriate for anyone to ask to work for you.... Read more »

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1 Answer | Asked in Employment Law for California on
Q: I received a settlement check but it says if I cash it I release any and all claims I may have under FLSA rel

Do I cash or do I wait to see if more claims arise in this action

Neil Pedersen
Neil Pedersen answered on Sep 3, 2021

You need to talk to your attorney about this. If you do not have an attorney, you need to consult with one. No one here could give you a solid answer without knowing much more.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Why does the law of being paid a min. of 4hrs, work in regards to a 12am cut off of new day,new shift scenario?

If I work 5pm-4am, I am not entitled to overtime because 12am is considered a new day, new shift. So if that is to be true,and the law that I am entitled to 4hrs of pay for shifts lasting up to 4hrs is also to be true, then if I work a shift from 10pm-2am, I should be compensated for 8 hrs of... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 3, 2021

There is no law that says you have to be paid at least 4 hours in a shift. An employer need only pay you for the actual time you spend working, even if you work only 10 minutes. There is no minimum amount of time you have to be scheduled. Now if you are in a union that has negotiated a minimum... Read more »

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2 Answers | Asked in Employment Law for California on
Q: What can I do if my employer haven’t given me my final paycheck yet? It’s been a week since I’ve been fired.

I’ve messaged him multiple times regarding my final paycheck but he hasn’t responded yet. I live and California and I know that employers have to give you your final paycheck the day you are fired. Am I entitled to waiting time penalty?

Neil Pedersen
Neil Pedersen answered on Sep 2, 2021

If you worked for a government employer, or a private employer doing business on federal government property, the California Labor Code provision giving you the right to waiting time penalties does not apply to you. If you worked for a private employer not located on federal government property,... Read more »

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2 Answers | Asked in Health Care Law, Employment Law and Employment Discrimination for California on
Q: My mental health breaks may cost me my job.. I’m not sure if they are supposed to count against me?

Recently diagnosed with bipolar 2. Have been having huge episodes happening and 1 recently while on break at work. I am taking a 2nd mental health day to try and get all this under control with my meds. My position has a rule of no more than 3 incidents (absence) within 6 months. This would be my... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 31, 2021

Generally an employee who misses work can be disciplined or terminated for excessive absences at any time the employer desires. However, if the leave is protected under one of several protective statutes, it cannot be used to discipline or terminate you.

There are various kinds of...
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2 Answers | Asked in Employment Law for California on
Q: My wife works as an hourly employee for a California school district. She is allowed to attend the staff meetings.

When she voluntarily attends these meetings is the district required to pay her?

Neil Pedersen
Neil Pedersen answered on Aug 31, 2021

More would need to be known. For instance, is she a member of a union? When you say voluntary attendance, are you saying she is not being asked to be there, but goes anyway because she is interested?

An employer is required to pay for all time that it "suffers or permits" an...
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2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company to hire you and pay you cash until your 90 day probation is up and then put you on payroll?
Neil Pedersen
Neil Pedersen answered on Aug 31, 2021

Technically it is not unlawful for an employer to pay employees with cash as long as the standard deductions are still taken out of the pay and paid to the various government entities, and as long as you get an accurate wage statement at the time you are paid. However, in my experience, that does... Read more »

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2 Answers | Asked in Employment Law for California on
Q: my manager threw my PTSD in face during an argument we had. I am trying to figure out what are my options

His word were along the lines of. Based on our past conversation, I never know which person I am going to get. You are always having your ups and downs. And I am just not sure which mood I am going to catch you. It makes it really hard

Neil Pedersen
Neil Pedersen answered on Aug 30, 2021

An employer telling you that it is having a hard time dealing with you is not unlawful or inappropriate. Your post does not even say that the employer used the term PTSD. There is nothing wrong with an employer complaining about your moodiness at work.

If you have a PTSD diagnosis and...
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1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Can I certify for unemployment benefits if I have an EAD gap?

I applied for my EAD's renewal after my old EAD's expiration date which means there's now a gap in my employment authorization. I'm currently on unemployment and I wonder if I should continue certifying for unemployment benefits. If so, what would the risks be? I definitely... Read more »

Neil Pedersen
Neil Pedersen answered on Aug 28, 2021

You are not qualified to receive UI benefits if you are not ready willing and able to take a full time job. If your immigration status means you do not have the right to work right now, then you should not certify that you can.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Management is trying to AWOL me or not showing up to work even though I was on my scheduled vacation.

The vacation was scheduled by the mailhandlers union and the dates were posted up on the bulletin boards I am new so I am guessing that I had to let them know before I left but I was never told that What should I do if they try to take disciplinary action

Neil Pedersen
Neil Pedersen answered on Aug 28, 2021

Talk to your union. Otherwise you really have no legal options.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Does the minimum exempt salary include IRA and Health Care benefits?

I just want to know what is included in the Exempt Salary Minimum wage? Does include certain benefits I know you can include 10% of a bonus but can my employer include company contributions, and health benefits?

Neil Pedersen
Neil Pedersen answered on Aug 27, 2021

Benefits are not included in the calculation used to determine whether a salary is twice the minimum wage.

Good luck to you.

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1 Answer | Asked in Employment Law for California on
Q: I started work at 10pm Sunday and didnt end till 4pm Monday.Is that considered 1 or 2 work days. I normally work 8-5 m

I started the night before because I had to travel (which I get paid for), but my boss says it counts as 2 workdays for overtime and double time purposes.

Neil Pedersen
Neil Pedersen answered on Aug 26, 2021

Your boss is right. Overtime is calculated based on workdays, not shifts. The default workday starts at midnight. Unless your employer has chosen a different 24 hour period as its workday, when you start at 10 pm and work past midnight, the first two hours of the shift is in one workday and the... Read more »

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