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Questions Answered by Maya L. Serkova
2 Answers | Asked in Employment Law for California on
Q: Can an employer charge you for a fine they received and withdraw it from your paycheck without consent?

Employeer is charging back a fine they received. They are taking it out of the paycheck without giving any notice. Are they allowed to take the fee out of a paycheck?

Maya L. Serkova
Maya L. Serkova
answered on Nov 7, 2022

It is unlawful for an employer to deduct any money from a paycheck other than regular payroll taxes or any other deductions you have authorized in writing, such as repayment of loans, overpayment, insurance premiums, etc.

I suggest your fiance consult an employment law attorney who will...
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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

Maya L. Serkova
Maya L. Serkova
answered on Oct 31, 2022

If the camera is in a place where you would not expect full privacy, then I do not see an issue with it. If the camera is in the bathroom, for example, then, it will not be lawful.

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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 »

Maya L. Serkova
Maya L. Serkova
answered on Oct 20, 2022

In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change the terms of your employment at any time, provided it does not violate anti-discrimination laws. As long as you are being paid at least the minimum wage... 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 »

Maya L. Serkova
Maya L. Serkova
answered on Oct 19, 2022

First it needs to be determined whether you were properly classified as an independent contractor. If you were misclassified and were in fact an employee, then it is unlawful for an employer to pay you compensation below the minimum wage. If you were an employee, you are also entitled to other... Read more »

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1 Answer | Asked in Employment Law for California on
Q: i was terminated for asking for wages owed
Maya L. Serkova
Maya L. Serkova
answered on Oct 12, 2022

I am sorry this happened to you. While more information would need to be known, it is generally prohibited to retaliate against an employee who engages in protected activity such as demanding the owed wages.

I suggest you consult an employment law attorney who will further examine your...
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2 Answers | Asked in Employment Law for California on
Q: Vaccination Policy

I moved States for a new job. When I signed the offer letter I also signed the companies vaccination policy (1st and 2nd Shot) and was in full compliance. Now I moved, already working and suddenly HR asks for my vaccination card again. Shortly after I received an email saying they mistakingly had... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Oct 5, 2022

The employer is within its right to ask you to get a booster shot. If your refuse, you may be terminated. Best of luck.

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Is it discrimination if employer says I can't call off at the last minute but allows coworker to numerous times?
Maya L. Serkova
Maya L. Serkova
answered on Sep 28, 2022

It may be discrimination, but not all types of discrimination are unlawful. Only discrimination based on protected membership in a particular class of people is illegal. Your query does not have enough facts to determine if any unlawful activity is afoot.

If there is more to your story, I...
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2 Answers | Asked in Employment Law for California on
Q: I have worked for Walmart for 7 years now I am now on SSD I can work 20 hours a week I going to get a full knee replace

So my boss doesn’t like me she is always giving me a bad time anyways she was only giving me 16 now she dropped my hours down to 8 hours a week yet giving everyone else even part time people all the hours that haven’t been there a 1/4 of the time I have I am on the door at Walmart can she take... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Sep 27, 2022

In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change your hours or terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can a company, like a cleaning company, that hires you to work as a 1099 contractor compel you to start an LLC?

After not paying a dime for 4 months worth of work completed and not telling us why, we were told that they would not pay us until we started an LLC

Maya L. Serkova
Maya L. Serkova
answered on Sep 18, 2022

You are entitled to compensation for the hours worked regardless of whether you agree to open an LLC. Your employer is trying to misclassify you to avoid paying you employee benefits. Make sure you keep all correspondence about this subject in writing between you and your employer.

I...
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2 Answers | Asked in Employment Law for California on
Q: Former employee of Whole Foods was caught with employee theft, a

Asset protection and store leader interrogated me and had me sign a letter of restitution, was walked out of store and told they would contact me with a decision as to whether I was fired, suspended or would be written up, I received a call asking me to come , why are they asking me to come in?... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Sep 8, 2022

No one knows why your employer asked you to come in. It could be multiple reasons, at this point, everyone here will be speculating. It could be that your employer is going to terminate your employment and they want to give you the last check, perhaps they want you to make a statement, or they are... Read more »

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3 Answers | Asked in Employment Law for California on
Q: If I don't clock out for lunch cause I didn't end up taking my lunch and my employer adds my lunch am I owed money?

I am expected to take lunch but there isn't anyone who can cover my lunch and I'm not allowed to leave as I'm the only key holder

Maya L. Serkova
Maya L. Serkova
answered on Aug 28, 2022

If your employer failed to provide you with a reasonable opportunity to take your meal and rest breaks, then you are entitled to recover from your employer one additional hour of pay at your regular rate of compensation for each workday that a meal or rest period was not provided. If you were not... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Can i still collect covid 19 employee benefits for the time i worked for a company tested positive for covid

I was working for a company had tested positive for covid so was out of work for a week. I never collected my covid sick pay benefits. When i was well i decided not to go back to work for this company since my dr said i can easily catch it again working where i work. You see i worked for the dump... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Aug 10, 2022

In theory, you may be eligible to collect your Covid sick pay retroactively; however, the exact answer will depend on the timeframe you worked for your former employer and whether your employer is subject to the 2022 COVID Supplemental Paid Sick Leave Law.

Covered employees in the public...
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1 Answer | Asked in Employment Law for California on
Q: want to know if I have a good case if I get a lawyer read below

He keeps saying he don’t have phone number only email. I try to email and it don’t go through. He says he needs me back at work but if I supplied the release letter from workman’s comp nd regular doctor it shouldn’t be taking this long to get back to work. He keeps switching stories in who... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jul 15, 2022

I am sorry you are going through this. However, more facts would need to be known in order to tell you if you have a case. I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I didn’t see email from my past employer recalling me back to work under SB-93. Do I still have rights?

They stopped informing me of available jobs under SB-93 and are hiring new employees. Do I have rights?

Maya L. Serkova
Maya L. Serkova
answered on Jul 15, 2022

If your former employer is covered under SB-93, then you should have recourse.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations and...
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2 Answers | Asked in Employment Law for California on
Q: Hello. I recently left my job/position of 2.7 due to the employer's failure to comply with lunch and regular breaks.

Should I pursue legal action? Or at the very least file for unemployment in this situation? (2.7 years)

Kind Regards!

Maya L. Serkova
Maya L. Serkova
answered on Jul 11, 2022

If your employer failed to provide you with a reasonable opportunity to take your meal and rest breaks, then you are entitled to recover from your employer one additional hour of pay at your regular rate of compensation for each workday that a meal or rest period was not provided. If you were not... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can a company deduct accrued time in increments of an hour on the hour if you're late or leave early during your shift?

We used to be allotted 20 hours of UPT every quarter and we're charged 1 hour for every segment of each hour that we were not on the clock, ie. *6-60 minutes late = 1 hour deducted

*(5 minute grace time)

61-120 mins. late = 2 hour deduction

early departure 1-60mins. =... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 22, 2022

I agree with my colleague's response. This policy does not sound lawful. I suggest you consult with an experienced employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations,... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Does this meet the bar for retaliation?

I a 64 and after nine years was terminated "at-will". Story: I was written up three times in a month for petty non-issues after my supervisor got in MUCH trouble because I put in for overtime after discussing it with her. She neglected to inform me of the"no over-time" policy... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 20, 2022

While what you describe does not appear to be an actionable retaliation, these types of cases are very fact specific.

I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I stopped being friends with my supervisor and she has been spreading rumors about me at work.

I have filed an incident report with my boss already but it’s continuing and the workplace is becoming toxic with no one doing anything about it. What can I do about this legally? I want it to stop, is there anyway to escalate it farther than who’s in the store?

Maya L. Serkova
Maya L. Serkova
answered on Jun 19, 2022

While it sounds like you have experienced retaliation, not all forms of retaliation are unlawful. Only retaliation for engaging in protected activity or because of your membership in the protected class of people is protected and hence unlawful. Your post, however, does not disclose any illegal... Read more »

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2 Answers | Asked in Employment Law for California on
Q: My boss makes me use my vacation time if I want a weekend off. Is this legal?

For example- if I need Saturday and Sunday off he will schedule the Saturday as a vacation day, the Sunday as an off day, and he will give me an additional day off during the week.

Maya L. Serkova
Maya L. Serkova
answered on Jun 16, 2022

Yes. There is nothing unlawful about you describe. The employer can administer its vacation policy as it wishes provided it does not violate anti-discrimination laws. Your post does not disclose any discrimination facts.

Sincerely,

Maya L. Serkova

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2 Answers | Asked in Employment Law for California on
Q: how long after separation employer must pay?

Hello, I quit my job (more of a constructive fire) when I quit I asked about my final pay and there was an agreement that they would bring it to me (where I live) because the owners live near me in the same town. They haven't brought the checks in 2 weeks despite me constantly asking about it... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 3, 2022

When an employee resigns, the employer has 72 hours to provide the employee with their final paycheck.

A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you...
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