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Employer take 2% of my sales and makes me give it to the cooks dishwasher and prep cook.
answered on May 21, 2023
Tip pooling is a legal practice in California. Tip pooling is legal in California so long as the pool does not include managers who have the authority to hire or fire employees, unless those managers do the same work as the employees in the tip pool.
I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... View More 
answered on May 20, 2023
I'm sorry to hear about your difficult situation. More facts would need to be known to evaluate your case fully; however, it sounds like you may have a meritorious claim for constructive wrongful termination ( meaning you were forced to quit).
I recommend you consult an employment law... View More
This was sent in an email to the management team.
answered on May 10, 2023
Do not work overtime hours unless your employer approves it. If your employer assigns you tasks that result in overtime hours, your employer is required to compensate you for all your OT hours.
My performance evaluation was rated low and she made statements to other people that I have gone on medical several times and I need to retire… also told others that they should remind me that they helped cover during my absence and that I owe them..
answered on May 8, 2023
I am sorry you are going through this. 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 thereafter may take your case on a contingency basis,... View More
I work as a server part time to cover cost of living for my pregnant wife and I while attending grad school. I get paid close to 50-55/hr including tips. Recently, my manager confronted me about why I have not been attending server meetings. I told him it’s because it was not mandatory due to... View More
answered on May 7, 2023
If your employer is cutting your hours in retaliation for not attending the unpaid meetings, it may be considered a form of illegal retaliation, and you may have a meritorious claim. You should be compensated for all hours you work, including the server meetings.
I suggest you consult an... View More
I work FT at a hotel as a front desk agent and am 8 months pregnant. My doctor sent in a note and my job told me it wasn't enough. My doctor asked that I get a chair and a little extra time for breaks since the cafeteria is so far. They are making my doctor fill out extra paperwork.
answered on May 6, 2023
Once you inform your employer that you are pregnant and request an accommodation that will allow you to perform essential duties of your job, your employer must engage in a timely, good-faith interactive process with you to determine if it can accommodate your condition. If such accommodation is... View More
My manager used to work at Macy's, she was getting sued for wrongful termination and so she switched to another company (mine) and now she's being protected by my company even though she has many complaints about her, even OSHA violations. Yet HR doesn't do anything about her
answered on Mar 30, 2023
It is at-will employment in CA, so yes, your manager can quit her previous job and go work for any job she likes. Whether someone is suing her is irrelevant.
employer also gives us option to take a 2nd lunch
answered on Mar 14, 2023
If your employer pays you for the time you are waiting for a customer, then there is nothing unlawful about it.
During the holidays my boss thought it was funny to refer to my Menorah as "manure". Even after I told him how rude and disrespectful that was. He began telling our guests how funny he was. And still if my religion is brought up he brings up his "funny story".
He has... View More
answered on Mar 7, 2023
Your employer cannot discriminate against you because of your religion. However, more information and details need to be known about your particular case.
I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law... View More
My boss pressures us to work off the clock. He'll tell us to clock out and then tell us we need to do this and that. Sometimes, it's 5 minutes other times it's over an hour. And if we are on the clock beyond the time he told us to clock out, He gets pissy and will 'adjust'... View More
answered on Mar 7, 2023
Your employer is violating multiple CA Labor Codes that in turn authorize you and other employees to recover your unpaid wages and penalties. To address this issue, you have several options: (1) You can negotiate payment of your unpaid wages yourself; (2) Hire an attorney to negotiate payment; (3)... View More
Isn’t that against the law? I mean I know it is and don’t get me started on all the other ca laws they break
answered on Mar 2, 2023
You may have a potential claim for wrongful termination.
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 thereafter may take your... View More
I (32M with ADHD, Autism, and Bipolar Disorder) submitted a 7 page formal complaint with evidence to HR about my boss’s behavior toward me that was causing me a lot of emotional and mental distress from being in an extremely toxic work environment last month. I was told they would investigate.... View More
answered on Mar 1, 2023
I am sorry this happened to you. You may have a meritorious claim for wrongful termination and discrimination. But more information would need to be known in order to fully evaluate your case.
I suggest you consult an employment law attorney who will further examine your situation and... View More
My employer uses unethical practices to close sales and I am threatened to get sent home if I don’t do these practices along side with them. Unethical practices include: using fake socials to create accounts, adding things to accounts without customer’s consent and more. I am scolded for not... View More
answered on Mar 1, 2023
I agree with my colleagues' responses. 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 free-of-charge initial consultations and thereafter may take your case on a... View More
answered on Feb 24, 2023
No. Independent Contractors do not have similar regulations.
If I work 10 hours a day one day but not over 40 hours in a week do I get paid overtime? And if I woke 10 hours a day and also over 40 hours a week do I get paid overtime each day and for the week or is it one or the other?
Ex: if I work 10 hours a day 5 days a week, how many hours overtime... View More
answered on Feb 17, 2023
Nonexempt employees in CA should be paid time and one half for all hours over 8 hours per day/ more than 40 hours per week per your 8-hour shift. There is one statutory exception that allows the majority of employees to vote to work 4 ten-hour workdays. If the majority of workers there at the time... View More
A text I sent to my manager reguarding my advancement in the workplace and my dissatisfaction in the scheduling was shared with the managers sister (also an employee) and is now causing drama and gossip in the workplace. I feel like my confidentiality was violated and I was curious if there was any... View More
answered on Feb 13, 2023
A text message about scheduling is not considered confidential. It maybe unprofessional and unethical to share your text message with another co-worker but it is not unlawful. Best of luck.
Sincerely,
Maya L. Serkova
answered on Feb 13, 2023
More information would need to be known in order to properly advise you if you have a wrongful termination 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... View More
I feel as tho I am being treated unfairly and wrongfuly accused and then employment terminated cos of false accusations.
I had a client, whom is an alcoholic. He fell (not in my care) ONE too many times this ONE time. I get blamed for it. He fell on a Sunday night, I worked for him MWF for... View More
answered on Feb 13, 2023
I am sorry this happened to you. In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination... View More
I brought it up to my manager and he is suggesting that i just add it to my time sheet whenever i don't work 80 hours a payroll (bi-weekly). 71.25 hours of Time and a half that i was never paid for.
answered on Feb 7, 2023
Nonexempt employees in CA should be paid time and one half for all hours over 8 hours per day/ more than 40 hours per week per your 8-hour shift. There is one statutory exception that allows the majority of employees to vote to work 4 ten-hour workdays. If the majority of workers there at the time... View More
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