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Questions Answered by Neil Pedersen
3 Answers | Asked in Employment Law for California on
Q: Can my job have security cameras inside the office without a sign without the employee consent

I am in california and one of the manager install cameras without the employee cobsent is this illegal

Neil Pedersen
Neil Pedersen
answered on Oct 31, 2022

Yes that is lawful as long as the cameras are not recording audio, and as long as the video does not capture inherently private spaces like dressing rooms or toilets.

Good luck to you.

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1 Answer | Asked in Business Law for California on
Q: Is this retaliation?

I was completely disenfranchised..the other founders launched a new business model announced at public investor meeting (this is where I learned about the new business model as well) from July until I quit this month, they (the other founders) proceeded to completely disenfranchise me from... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 31, 2022

Maybe it is retaliation. Maybe it isn't. However not all retaliation is unlawful.

Retaliation becomes unlawful if the motivation for the action is your membership in a protected class of people.

What you have is a good, old-fashioned business dispute. Locate and consult with...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Should hourly employees be able to clock-in before entering the building, if part of their job is to unlock the office?

We have employees who are responsible for opening and closing the office. They are paid hourly. Would it be a problem if they are unable to clock in until AFTER they unlock the door (in a scenario where unlocking is part of their work responsibilities, and the time clock is inside the office)?... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 29, 2022

Stated simply, yes it would be a problem. Hourly employees must be paid for all the time they spend acting for the benefit of their employer. There is no such thing as a de minimus or insignificant period of time when it comes to paying employees for all their time. If you have hourly employees... Read more »

2 Answers | Asked in Employment Law for California on
Q: If my employer pays me late, am I still eligible for the late fee

Under "California Labor Code 210 LC" it states, "A first-time violation of paying late carries a $100 penalty". Are my employers required to give me the 100$ or am I required to ask for it BEFORE I receive my late check?

Neil Pedersen
Neil Pedersen
answered on Oct 29, 2022

Yes, technically the employer should voluntarily pay the penalties. However, in practice, employers will rarely pay the penalty unless forced to do so by threat of litigation or by administrative action.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Large grocery store corporation has trouble paying us(employees), are we entitled to compensation?

I work for a large grocery store corporation, and they recently switched systems that they use to pay their employees, and I've been working for 3 pay periods and haven't received my 2 direct deposit OR a physical checks. They(the store) say they don't know when they can get my... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 28, 2022

California Labor Code section 210 requires employers to pay a penalty of $100 for an initial violation of a late paycheck. For later offenses, the penalty is $200 plus 25% of the amount your employer unlawfully withheld. This higher penalty may also apply to a first violation if it was deliberate.... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Is there a benefit to sue for being a mis-classified independent contractor? I'm not owed back or overtime pay.

I've been working full time for over 3 years as a video editor for a large corporation. They tell me what to do and when to do it. I use the company's equipment. I pay self employment taxes. I only work for them. I've read AB5 California which seems to exempt editors. However, I do... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 27, 2022

If you have been misclassified as an IC instead of an employee, that means you have likely not been treated according to the CA Labor Code. Common violations in such a situation include failure to provide legally compliant meal and rest periods, failure to provide compliant wage statements,... Read more »

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1 Answer | Asked in Intellectual Property and Juvenile Law for California on
Q: An employee took a video of a child at a private tennis court and posted on social media and it went viral. Legal?

The child is 9. The employee was taking videos of the court for marketing purposes. This video was not used on the company account but was posted on a personal Instagram account that is used for personal gain. The post encourages violence but does not violate the community guidelines of... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 27, 2022

This question is posted in the employment law section of this site. This is not an employment law question. It is, instead, an intellectual property/usurpation of name and likeness claim. The parents need to find an attorney who works in that field.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: I'm remote working in CA, the company is in RI. I was terminated but didn't get final pay that day nor the term letter.

Do I have rights to ask for pay for days up to receiving my final pay?

Neil Pedersen
Neil Pedersen
answered on Oct 27, 2022

Because you physically worked in CA, the CA Labor Code applies to your situation, not the state where the business is located.

Under the CA Labor Code, an employer is required to provide a terminated employee's final paycheck on the day the employee is terminated. A willful failure to...
Read more »

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1 Answer | Asked in Employment Law for California on
Q: I have 10 PTO days a year, last year I was paid 15 days. They are now taking away 5 days this year. Is this allowed?

The 5 days extra that I was paid was not written or made aware to me that I was being paid or taking from the current years PTO.

Neil Pedersen
Neil Pedersen
answered on Oct 24, 2022

To start off, if you were overpaid by mistake, your employer has a right to have the over payment returned to it. You do not have a legal right to keep the money. If you do not pay the money back you can be disciplined and even terminated if the employer wanted to do so. This is true whether or... Read more »

1 Answer | Asked in Employment Law for California on
Q: Hello, I am a commissioned sales person in California. What are my rights regarding how quickly commissions paid?

I take a draw on my commissions, but my sales far exceed the draw. The excess amount is still owed to me from 2021, and I am waiting for final payments to be resolved. A number of payments have been distributed over the course of this year, but am still waiting the final commissions from 2021,... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 23, 2022

The written commissions agreement will govern your payment terms. If the employer is not acting consistent with the provisions of that agreement you would have a legal claim. If the employer is not yet acting inconsistently with the terms of the commissions agreement, you do not have a legal... Read more »

2 Answers | Asked in Employment Law and Small Claims for California on
Q: I am trying to dispute the wages I received in my last check. Will cashing that check affect my legal dispute?

I need the money but I don't want to lose my chances of receiving the amount I deserve.

Neil Pedersen
Neil Pedersen
answered on Oct 23, 2022

The only way cashing your disputed paycheck would alter your rights to legally address the dispute is if there is language on the check that clearly says something to the effect that the check represents complete settlement of any disputes. Otherwise, cash you check and you an then dispute the... Read more »

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1 Answer | Asked in Employment Law for California on
Q: are employers able to say when someone is able to take restroom breaks, and form restrictive conditions at will ?

while in the restroom i was told to continue working while others took their break. i asked for the supervisor and lead to explain the situation and they said . "you can not go to the restroom 10 to 15 mins before breaks and we have informed all employees " i asked my coworkers and they... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 22, 2022

There is nothing unlawful about what your employer has done.

You do not have an unfettered right to use the toilet at any time you wish when you work for an employer. It is lawful for an employer to tell you that you need to hold it until your break or meal period. If you have a hard time...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Is it better to join a class action lawsuit or get your own attorney??
Neil Pedersen
Neil Pedersen
answered on Oct 21, 2022

Your question cannot be answered in general. It really depends on the issues and the potential recoveries available to you under each approach. Class actions can be good if the amount in controversy is relatively small per litigant such that a large group of plaintiffs would have the collective... Read more »

1 Answer | Asked in Employment Law for California on
Q: My employer is trying to force me to resign because I am not boosted when it wasn't a job requirement. Can I sue?

I recently got off the phone with someone from HR at my company and they told me that I need to get the booster or present a negative covid test every 72 hours if not I am will need to submit my resignation. The HR person told me that it is part of working at the company and not just at the... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 21, 2022

No one can force you to resign. Resignation is a voluntary act by you. However your employer can terminate you if you refuse to do what is required of you, including getting boosted. You would not have a meritorious legal claim if you are fired because you refused to follow the company's... Read more »

2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company to change the way employees get paid without prior notice? notified same day went into effect

For example: We used to get paid hourly + 10% commission, off every job, and little bonuses for selling and installing as a service plumber. One day, the manager notified us that the way we get paid would drastically change on that same day. Now we get paid hourly, but we have a quota to meet every... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 20, 2022

Your employer does not violate the law if it changes how you are paid from the point you are notified going forward.

In California you are considered to be employed on an at will basis unless you have an agreement with the employer to the contrary. The at will power of an employer allows...
Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was getting paid below the minimum wage as a leased employee and found out I was a singular case. Is this legal?

I work for a business in Los Angeles but I am considered a contractor or leased employee from a third party staffing agency outside of California. I was getting paid two dollars less than the minimum wage regulations for working in LA and was told at the time of hiring by the manager that I could... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 19, 2022

It is highly unlikely that you were properly classified as an independent contractor. By misclassifying you, the employer may well have violated many of your rights as an employee. Minimum wage is one of those rights, but there are likely others when more is learned about your situation.... Read more »

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2 Answers | Asked in Employment Law for California on
Q: If I waive my rights to sue in a severance agreement, do I also waive my rights to seek Waiting Time Penalties?

I live and work in CA and have been offered a severance agreement in which I give up my rights to pursue legal action against my former employer. I received my final paycheck late. Do I waive my rights to seek Waiting Time Penalties if I sign the agreement?

Neil Pedersen
Neil Pedersen
answered on Oct 18, 2022

No one can tell you the scope of your severance agreement release without looking at it. However, generally a general release will release the employer of all liability for any wrongdoing that occurred prior to the moment you sign it.

Good luck to you.

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1 Answer | Asked in Employment Law for California on
Q: Erroneous deduction from final paycheck in CA. Am I entitled to final paycheck late fees?

I was recently terminated and when I received my final paycheck, I noticed that my employer deducted an amount for health insurance that would cover November. However, my coverage ends in October. So the deduction does not actually pay for anything related to my health insurance. Am I entitled to... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 17, 2022

To qualify for Waiting Time Penalties, you will have to prove that the employer willfully failed to pay your final wages. A mistake can vitiate the willfulness required. If the employer can prove that it was truly a mistake, and that it timely corrected the mistake when notified, it would likely... Read more »

2 Answers | Asked in Civil Rights, Employment Law, Workers' Compensation and Civil Litigation for California on
Q: California, Reasonable Accommodation request for a known disability to the company. 6month no response. Case value?

Degenerative Disk Disease/ Plantar fasciitis in the left foot workers comp award was made in favor of

the employee in 2010 for the foot. The employee has been there 25yrs his age is 56 Latino male is this a strong case under the ADA laws, Federal, State, and local? The employee feels like... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 17, 2022

There is no where enough information provided to allow anyone to estimate the settlement or judgment value of your case, or even if you have a meritorious claim. The analysis to be performed needs information to include the essential functions of your job, your specific restrictions, whether there... Read more »

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1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for California on
Q: I went to a clinic for a physical for job I was trying 4. Didnt get the Job because they knew about a drug over dose
Neil Pedersen
Neil Pedersen
answered on Oct 17, 2022

You have asked no question. This is a question and answer site.

Based on the little bit provided, there does not appear to be anything unlawful about the employer's action.

Good luck to you.

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