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... View More

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... View More

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,... View More

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... View More

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... View More

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

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... View More

It depends on what Defendant is objecting to. Generally, there are civil procedure deadlines for Defendant to file its objections or opposition papers to the plaintiff's filings. These deadlines are usually longer than a day before the hearing. As such, Defendant may be violating these civil... View More

The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the... View More

You have several options: (1) You can try to negotiate payment yourself; (2) You can hire an attorney to negotiate payment; (3) You can file an administrative wage claim with the California Division of Labor Standards Enforcement; (4) Or you can file a lawsuit. Each of these options has pros and... View More

Case evaluation is made based on the specific facts of your case and evidence supporting those facts. Based on the information you have provided, without reviewing the specifics and the supporting evidence, no attorney can advise you whether $85K accurately represents the evaluation of your case.... View More

In California, all employees are considered at-will unless there is a contract to the contrary. At will employment means that the employer may change the terms and conditions of your employment including the start date, terminate your employment at any time, with or without cause or prior notice... View More

It is possible that the employer's conduct may have been unlawful here; however, more information needs to be known in order to fully understand your case. I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment... View More

More facts would need to be known in order to fully evaluate your case. However, it does sounds like your employer's conduct may be unlawful here.

I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment... View More

Your girlfriend should be paid for all hours she worked and was not compensated for. Additionally, your girlfriend may have a claim for breach of an oral contract. Given that there is no written agreement, it may be a very difficult claim to prove. As an employee, however, she may also get damages... View More

Employers may require you to stand for prolonged hours if the essential functions of the job require standing and if sitting will interfere with your active duties. California courts have generally held that cashiers are among the jobs that require prolonged standing. However, each case has its own... View More

Labor Code § 204 Section 204 provides that all wages earned for labor in excess of the normal work period shall be paid no later than the payday for the next regular payroll period. If your employer is in violation of this section, you can demand your employer pay you your wages with the... View More

You are entitled to get paid for all hours you worked. No exceptions. Your post does not disclose enough facts to determine whether you are in fact an employee or IC. However, in CA, under the ABC test, a worker is considered an employee and not an independent contractor, unless the hiring entity... View More

In the employment law context, if you are actually an employee and not an IC, you have the protections of the California Labor Codes that you can adjudicate against your employer. Specifically, as an employee, you are entitled to overtime pay ( if you work more than 8 hours per day/ more than 40... View More

It is unlawful to retaliate against an employee who refuses to participate in illegal activity. It sounds like your employer is retaliating against you for refusing to go along with 1099 which you believe is improper in your case.

I suggest you consult with an employment law attorney who... View More