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Questions Answered by Michael Malk
2 Answers | Asked in Employment Law for California on
Q: I work in the state of California as an outside sales rep. Is my employer required to pay me for my travel expenses?

I travel to multiple businesses a day. I was told by my boss that they do not reimburse for travel but that I could deduct on my taxes.

Michael Malk
Michael Malk answered on Jun 10, 2020

Your employer has an obligation to reimburse your reasonable and necessary business expenses, including paying your mileage expenses - the applicable statute is Cal. Labor Code Sec. 2802. You are entitled to reimbursement for mileage expenses between work locations. This means you are not... Read more »

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2 Answers | Asked in Employment Law for California on
Q: can my job takwe out 30 minutes off my time card even though i never took a lunch or break?
Michael Malk
Michael Malk answered on Jun 1, 2020

No, they cannot do that. You are entitled to payment for all of your work, and it sounds like your employer is stealing thirty minutes of wages from you for each day you work. Not only are you owed your unpaid wages, but you are likely also owed a "meal break premium payment" of one... Read more »

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3 Answers | Asked in Employment Law for California on
Q: In california, can my employer legally not give me my wages if I don't sign a paper every week

They have me sign. A paper every week stating that I received my check and 4 other things and that I took all my breaks. If I don't sign it can they with hold my check or even fire or suspend me

Michael Malk
Michael Malk answered on May 24, 2020

Your employer must pay you the wages you earned, and generally may not create additional conditions for you to receive your wages.

You are also entitled to accurate pay, and to timely off-duty meal and rest breaks. Your employer cannot fire you for asserting that you did not take the...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: In California, what is considered a break at work

I work at a car wash. I work as a sales rep in an area where I work 3 days as the only rep. The other days I have another rep with me so being able to walk away to use the bathroom or make a call is easy. But those other days. I can't just walk away. And if we r slow my boss says I took my... Read more »

Michael Malk
Michael Malk answered on May 24, 2020

You are correct - those are not breaks. Your employer has a duty to authorize and permit you to take timely 10 minute off-duty rest breaks. These rest breaks must be truly off-duty to be considered rest breaks. If you are still required to perform job duties, or even to be on call in the event... Read more »

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