My dad works for the Veterans Home in California and he got sick last month around the middle of the month and missed about 4 or 5 days because he was pretty sick. He went back to work and at the end of the month when he got his paycheck they had docked him for like 8 days even though he only... View More
No. Your father's employer must pay him for all time worked. Your father should put his concerns about his unpaid wages in writing to HR and include documentation, if possible. This will help protect your father from retaliation.
Further, if the employer does not straighten on your...View More
Yes, you can sue the company and the manager for the sexual harassment. The Company's liability will hinge on whether they had prior notice of the manager's drinking/sexual harassment and whether the Company took reasonable steps to protect you. You should consult an employment attorney...View More
In Oct, I signed an employment agreement that included 2 weeks vacation. In January, the company updated an internal wiki that there was "unlimited vacation" (required approval). I was not provided written notice as stipulated in my employment agreement, nor did I consent to the change.... View More
Once the vacation is accrued, it cannot be taken away by a policy change. You should be entitled to payment of your accrued 10 days of vacation upon termination. However, if you use 10 days under the new policy before you leave, you are likely not entitled to compensation for unused vacation.
You should report in writing the bullying behavior to Human Resources or the leadership of the company. Please note that bullying behavior is not illegal unless it is motivated by hostility toward a protected class such as race, religion, gender, sexual orientation, gender, gender expression,...View More
Our restaurant does not have any hand book nor a contract when hired. I had to work overtime a few days due to how busy it was. But the employer had changed my time card so they wouldn't need to pay me over time. They have not notified me of these changes prior to changing it. I have found... View More
You are entitled to be paid for all hours worked, including overtime. You also are entitled to 1 hour of premium pay for each day you do not receive your required meal break. The same is true for rest breaks. Keep your own records. If you need this job to support your family, look for another job,...View More
California: I work in an event heavy position where it’s difficult to take 30 min lunches every 5 hours - it has been typically fine for us hourly employees to rarely clock out during these 10-16 hour days due to always having to be on-call or needing to be available.
Refusing to have blood work done is a legitimate reason for a doctor to refuse to return you to work. The doctor's job is to make a medical judgment and you are preventing the doctor from having the necessary information to make an informed judgment.
They want an on-site manager who lives in one of their units. The units go for $2695 but they are offering $600 discount on rent. They expect this manager to have another job to supplement their income, as they won’t be paying. Is what they are asking legal or am I right on that according to... View More
I have been being called "white girl" and "Karen" by an African American staff, and was told I cannot fil a discriminations claim because I am the majority. I am being targeted for my race and UCSF said I have no stance due to my race.
The answer is no. According to the Division of Labor Standards Enforcement,
In California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total...View More
Unpaid wages, unpaid mileage, and discriminated against. About 2 weeks ago the owners came and made changes, and since then I have been the only employee who has not worked, they have even hired new people. Also I was the only female maintenence worker, now only the males employee have been put... View More
You may have claims for gender based discrimination, wrongful termination and labor code violations. You should consult with a knowledgeable employment lawyer. Most provide free consultations. In the meantime, you should consider applying for unemployment, since the employer has stopped providing...View More
I have not been provided access to utilities (water, electricity, sewer). The landlord has tried to make sure I am 'not considered a tenant' by allowing me to put utilities in my name, use as a mailing address, et cetera. He asks/requires me to be security / caretaker and I have to do... View More
If you are performing work for the owner of the building, you are likely an employee entitled to minimum wage for all work performed. Your employer can only get a limited credit for providing "lodging", though it sounds like the situation would not qualify as lodging provided by the...View More
For it to be illegal harassment, it has to be motivated by hostility toward your membership in a protected class such as race, religion, national origin, gender, gender expression, pregnancy, military service, disability, etc. or opposing illegal conduct.
I worked for a day before I left for other ventures and he has not paid me. It has been a couple months now and I let him know to mail it to me. I have not received anything yet, he told me to pick it up in the office but I told him I would not be able to because I work and my schedule would not... View More
Yes. Pursuant to Labor Code 202(a), "Notwithstanding any other law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for...View More
I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More
As someone who has handled these types of cases, you are probably owed a lot more than $50K if you were working 24/7, since August 2021 through May 2022. Under Wage Order 5 and the Domestic Worker's Bill of Rights, you should receive overtime after 10 hours per day, plus there are strict...View More
I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.