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Questions Answered by Alden Jay Knisbacher
1 Answer | Asked in Employment Law for California on
Q: Does employer have the right to decrease nonunion workers wage and not to do the same to union workers?
Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 13, 2020

Yes. It would be easier to decrease non-union hours because the employer would have to negotiate with the union to decrease union hours.

2 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My job is decideing to open back up even tho it is a recreational center for swimming. According to the directions.

We are going to be giving job duties Far outside of what are initial hired position is. If we refuse to go back we will be let go, and unemployment will be informed that we refused work, and we will then loose are unemployment eligibility for refusing work Forced upon us even tho the work is not... Read more »

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 13, 2020

An employer is allowed to change job duties -- especially during this uncertain time.

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can employer legally ask if you received a stimulus check or ask about your personal finances/situation?

Employer sent out a survey asking if stimulus check was received and asking individuals level of financial hardship due to reduced pay.

Is this legal?

Non-exempt hourly employees have had their hours reduced and are still waiting (over 3 weeks) for the employer to provided... Read more »

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 13, 2020

As long as you are not required to answer the survey it is probably legal. You should not be required to answer because that would likely violate your right to privacy.

As for unemployment, you should apply.

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1 Answer | Asked in Employment Law for California on
Q: Around the 1st week of May we were told to that we had to buy out all our PTO before the end of the week because of the

California warn act and we found out the company already did that without any formal notice. Then before we know it on Sunday may 10 we were scheduled to work but we were informed that if we have coughs runny nose shortness of breath body aches covid 19 like symptoms that we were to stay home. I... Read more »

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 12, 2020

The California Labor Commissioner has said that employers must give their employees “reasonable notice” of a requirement to use accrued vacation or PTO. Reasonable notice has been interpreted to mean 90 days notice. So, no, I do not think that is legal.

I am not clear on what you...
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2 Answers | Asked in Employment Law for California on
Q: Can an employer revoke a current commission plan & enforce a sales rep to accept the current paid salary as sales comp?

I am a prof services sales exec with a salary and a commission plan to pay on all originated revenue sold during the year. After two years, I exceeded sales expectations. Now my employer is wanting to renegotiate my comp plan by stating that the high salary they already give me should account for... Read more »

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 12, 2020

The company can change the commission plan, as long as they don't change the commissions on sales already made.

The more complicated question is whether they are entitled to keep you on a salary basis -- and whether they will have to pay you overtime. That depends on a lot of facts...
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1 Answer | Asked in Employment Law for California on
Q: California labor law regarding being oncall on weekend and off business hours as well as maintenance works after hours.

I am an exempt IT professional. Is it legal for my employer to ask me to perform maintenance work during after hour after a full 8 day or perform systems fixes on weekend while being oncall without compensation like comp day for the works being oncall or off business hours works?

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 11, 2020

This is a bit of a law school exam question. . . really requires examination of the particular facts of your work, but here is a start at an answer.

You write that you are exempt. But just because the employer classifies you as exempt, does not mean you are exempt under the law. If you...
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2 Answers | Asked in Employment Discrimination and Employment Law for South Carolina on
Q: My son ran away so I took a day off from work to look for him. My boss want me to produce a police report about it.

Can he ask for that??? It’s a child

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 11, 2020

If there is a police report, you can provide it redacted -- I would say almost completely.

If there is no police report, the employer is still required to give you the time off without retaliation -- California Labor Code Sec. 230.8 says you cannot be fired for taking time off for a child...
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1 Answer | Asked in Employment Law for Nevada on
Q: Can a box store threaten to fire employees over social media posts that a fellow employee tested positive for covid 19?

A friend of mine informed me that their wife's employer threatened to fire their employees if they posted on social media that there was a positive covid-19 case at their store. Some of the employees are worried about sharing this information because they feel the public has a right to know... Read more »

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 11, 2020

Bastards.

Twitter might be a good medium for that. If the post were to a public health agency, the employer would be violating Section 1102.5 of the California Labor Code which prohibits terminations for complaints to government agencies.

Section 96(k) of the Labor Code also...
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2 Answers | Asked in Civil Litigation for California on
Q: Defendants offered to settle the case and we accepted. Its been 3 wks. They keep stalling to sign. What are my options?

I accepted a settlement offer from the defendants. I have signed the agreement the defendants drafted. It has been 3 weeks since they made the offer and still the defendants have not signed it. I am told we cannot enforce it under 664.6 because the defendants have not signed therefore not... Read more »

Alden Jay Knisbacher
Alden Jay Knisbacher answered on May 12, 2020

It sounds like you have a lawyer - so, start there. Yes, if it is not signed, it is not enforceable under 664.6

You could file for summary judgment on the contract or file a separate lawsuit over it.

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