First, you should ask your own attorney how they evaluate the settlement and why.

Second, a 50% contingency seems rather high. How much work has been performed to prepare your case for trial? Have any depositions been taken? Have you obtained Defendant's documents?

Third, other... View More

Without a worker election approved alternative work schedule, your are entitled to overtime based on either more than 8 hours per day or 40 hours per week.

Go to the link below to see if your employer has a worker election approved alternative work schedule... View More

Under Labor Code 226, an employer must provide several types of information including the accrue Paid Time Off (PTO). Failure to do entitles the employer to the greater of their actual damages or $50 for the first violation and $100 for each subsequent violation up to a max of $4,000 per employee.... View More

Assuming you are an at will employee, your employer had the legal right to change your job duties at anytime for any reason or no reason, but not a prohibited reasons such as hostility to a protected class such as race, religion, gender, gender expression, sexual orientation, pregnancy, disability,... View More

Assuming you are at will employee, an employer can take an adverse employment action for any reason or no reason, but not a prohibited reason.

If you raised a good faith concern based on a violation of law, such as failure to pay wages, discrimination or harassment motivated by hostility... View More

If your employer attempts to provoke you to act out to justify firing you, remain clam and report your supervisor's actions in writing to HR. If your supervisor is overly aggressive or shouting out you, take out your phone and record the supervisor's actions. Whatever you do, do not... View More

Normally, you are entitled to overtime after working more than 8 hours per day or 40 hours per week. You can pick which test works before for you, but you must consistently apply it.

Some occupations, like domestic workers under Wage Order 5, are only entitled to overtime after 10 hours per... View More

Go to the Restaurant Chain's website and find the contact information for either HR, the legal department or senior management. Send a written complaint detailing the sexual harassing behavior, include any available documentation and specifics dates, times and persons involved. If the employer... View More

You are probably owed the hourly rate used when your accrued vacation was paid out. Otherwise, you would not get the full value of your vested right to paid vacation at the time it was used or paid out. If your employer terminates you and fails to make up the difference, when it pays out your final... View More

It's still best to be proactive. Given the expense involved in obtaining certified translations, I suggest first asking the Labor Commissioner in writing whether a certified translation is required for your hearing or an AI translation such as Google Translate is acceptable, if provided to... View More

Yes, a performance based bonus, when all requirements are met, should be considered earned wages (or a vested right that cannot be taken away), even if the employer postpones the date of payment. However, unless you bring a Private Attorney General Act claim for late payment of wages, you can only... View More

First, to be an exempt employee, you must spend more than 50% of your time performing exempt activities. For example, to be an exempt "manager" you must spend more than 50% of your time managing two or more employees. The title is not determinative.

Second, even if you perform... View More

The answer depends on whether the Labor Commissioner award was based or pre-Petition or post-Petition conduct. If the award was based on pre-Petition conduct, the underlying claim should have been listed in the bankruptcy. If the award was based on pre-Petition conduct and not listed in the... View More

I agree with Mr. Trust's answer. I would add that you if suspect that the former employee is going make a claim, you should notify your general liability insurance carrier. Finally, you should consider having a lawyer send a letter threatening to sue the former employee for theft of trade... View More

As long as you are paid for all time performing those additional tasks, there is nothing illegal about your employer adding responsibilities without adding more compensation, unless the employer's decision to not add additional compensation is motivated by hostility to a protected class such... View More

As an initial matter, since you were terminated more than 2 years ago based on what you describe as whistleblowing and hostile work environment, you really should contact an employment attorney before your claims are barred by the passage of time. Whistleblower claims have 3 year statute of... View More

You should send a Consumer Legal Remedies Act letter providing 30 days notice to repair or replace the unfinished work or refund your money. If they fail to do so within 30 days, then you can sue them under the CLRA and only you will have the right to attorney's fees. You may want to have an... View More

You can certainly request the workplace investigation report, but the employer may not provide it short of formal legal discovery.

Employers will often refuse to produce them and assert that such investigations were conducted by an attorney and are protected from disclosure by the attorney... View More

In addition to the relatively weak remedy for retaliation under Labor Code 132(a) for retaliation through worker's compensation, you may have a claim for disability discrimination given your injuries.

You should make sure to document in writing you complaints and the failure of HR to... View More

Doctor's are required to certify the medical necessity for the leave, but they are not required to provide the medical diagnosis or treatment as that is confidential medical information.

You should ask your employer in writing why the medical leave was denied.