My boss who owns a dog boarding facility keeps staff tips

answered on Oct 31, 2023
No. "Tips" are employees property.
Supervisors can only share in the tips if they are part of the chain of service.
According to the Labor Commissioner,
I work in a large restaurant as a waiter. My employer told me that I am required to share my tips with the... View More
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

answered on Oct 28, 2023
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
They fired him for being drunk but no one has acknowledged that he sexual harassed me to this day.

answered on Oct 13, 2023
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

answered on Sep 22, 2023
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.

answered on Aug 30, 2023
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

answered on Aug 29, 2023
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.
Our boss recently... View More

answered on Aug 21, 2023
You can only waive the first meal period if the total work day is no more than six hours. Thus, the meal waivers appear in invalid.
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... View More

answered on Aug 17, 2023
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.
For example I was five minutes late clocking out and they changed my time out.

answered on Aug 16, 2023
Your employer is required to pay for all time worked. If you worked beyond the end of your shift, then your employer must still pay you. The employer's remedy is discipline.
However, if you finished work and waited 5 minutes to clock out, then your employer's action was correct.
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

answered on Aug 13, 2023
The employer is required to pay you at least minimum wage for all hours worked. The employer is only allowed limited deductions for lodging credit. After the lodging credit is used you must be paid.
Whether you are compensated for on-call time is factually complex.
See the linked... 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.

answered on Aug 9, 2023
What you are being told is not true. A person of any race can bring a claim for unlawful racial discrimination in the work place. You should confirm their position in writing.
Before you do attempt to do so, you should speak with an employment attorney. Most provide free consultations.
This is in California, regarding a FT non-exempt. Wondering if they are ok to work the 6 hours without the lunch break, considering they already took one earlier in the day.

answered on Aug 1, 2023
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

answered on Jul 30, 2023
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

answered on Jul 22, 2023
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
My supervisor always talks to me heavy, offensive emails.
is it harassment?
Should I report to HR or employer?
If they ignore me, what should I do?

answered on Jun 10, 2023
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.
However, your employer's... View More
Contract appears to only benefit the employer, in perpetuity, against legal claims due to my possible injuries. (To work PT in a summer camp.)

answered on Jun 10, 2023
Such a waiver is likely void as against public policy.
Work related personal injury claims against employer are governed by Workers Compensation rules, which should not permit such waivers without Worker's Compensation Appeals Board approvals.
Similarly, other claims like... View More
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

answered on Jun 5, 2023
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

answered on Jun 3, 2023
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

answered on May 29, 2023
First, you should speak with your lawyers about your concerns. Good mediators often have limited availability and coordinating multiple counsels schedules can result in significant delays.
Second, and more important, you mention that this is a seven figure class action. As a class... View More
My separation of employment states I violated a work policy that i have never seen of heard of or been trained on in the seven years I worked for the company.

answered on May 24, 2023
You can absolutely ask for a copy of the policy. You have a right to review the contents of your personnel file under RCW 49.12.240.
RCW 49.12.240 and 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and... View More
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