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My previous employer has a PTO pay out policy that they haven’t followed and have paid out in excess to previous employees and they dont follow through with the cap at fiscal. They also do when your salary and work 4 hours you don’t have to claim PTO and that is not in the policy so our PTO... View More 
answered on Nov 5, 2024
According to the Alaska Department of Labor,
Because the payment of sick leave, accrued vacation, or any other type of PTO is not a requirement of Alaska wage and hour laws, the department does not mandate the payment of these benefits. The employer’s written policy establishes the rules... View More
What are my options. I was just told that i should take another offer from a different company and leave. Is that legally considered me being let go or fired?They still are employing me. The company has also forced me to drive my personal vehicle while on a suspended license and they know its... View More
answered on Oct 29, 2024
If your employer is still employing you, you are not fire (at least not yet). You can ask HR or your supervisor in writing for clarification or you can keep working until your employer terminates you.
More important, you need to get your license reinstated ASAP for two reasons.... View More
An employee was disciplined and and asked if another employee received the same treatment. Is the employer required to disclose that?
answered on Oct 19, 2024
Employee discipline is considered private confidential information. Thus, it is difficult to obtain unless either: (i) the employee voluntarily discloses the information; or (ii) you file a lawsuit and obtain it through formal discovery. Note: Sometimes the information is improperly disclosed and... View More
I am a service technician and am required to drive to customers houses daily for work. For the past year my boss has not been paying me mileage reimbursement. After learning that I am supposed to be compensated per California law, I brought this to his attention. He has agreed to pay a small lump... View More
answered on Sep 24, 2024
Assuming you are an at-will employee, an employer can reduce your pay as long as the employer otherwise complies with minimum wage and overtime requirements. However, the employer cannot prevent you from disclosing illegal conduct such as failure to pay reimbursements to other employees.
Partner was in medically induced coma. Was made to use vacation for hospital visits/emergencies. After about 3 years granted pay for 40 hrs and allowed to take therapy. With only one day given, burial had to be rushed for Friday. Back to work Monday.
answered on Jun 23, 2024
According to the California Department of Civil Rights,
If you work for an employer with five or more employees, you may be entitled to bereavement leave following the death of certain family members. Beginning January 1, 2023, private employers with five or more employees are required to... View More
My direct supervisor intentionally did not guide me through companies loa process in order to sabatoge my employment with the company.
answered on Jun 8, 2024
Termination during your protected pregnancy leave raises serious questions. To be protected it is not required that you specifically ask for the FMLA/CRFA leave. It is enough that the employer knew of your circumstances requiring the leave to trigger your protections. Hopefully, you documented the... View More
My boss just announced to everyone at the company if we leave or quit we will be required to sign a non disclosure agreement. Do I have to do this??? Is it illegal not to??
answered on Jun 3, 2024
No. An employer cannot require you to sign a non-disclosure agreement, when you are fired or quit. If an employer wants to you voluntarily sign a non-disclosure agreement, the employer must provide consideration such as a severance payment.
However, an employer can require you to sign a... View More
yesterday a coworker made a comment (sexually related) about a 14 yr old coworker is 26 ,i told the owner about it and nothing was dobne today the owner was trying to force me to talk to the coworker and because i said i wouldnt because i would get angry i got sent home from work
answered on Jun 3, 2024
Your boss is not handling the situation well, but that does not excuse your failure to follow instructions and you could be disciplined, including termination, for refusing to speak with the 26 year old co-worker about his inappropriate comments.
Employer says I have 3 days to train and 3 days to get a lead. If I don’t get a lead with the 3 days of “working” I can be let go and not be paid. Others have been let go and not been paid for anything. Is this allowed? I was hired as an independent contractor, 1099 form.
answered on May 31, 2024
If you are actually an employee, the employer is required to pay at least minimum wage for all hours worked. There is not enough information in your post to determine if you are an employee.
For information on how to determine if you are an employee or an independent contractor according to... View More
I have never logged onto my personal emails on my work computer.
answered on May 26, 2024
If you never logged into your personal email on your work computer, your employer has no right to force you to open your personal email on your work computer.
If you used your work computer to access your personal email, your employer may have a right access the personal email that were... View More
I was paid 400.00 a month and told to move in a week
answered on May 23, 2024
Unless you were already a paying tenant before you were hired, the landlord can require you to leave in 3 days once your employment ends.
The good news is that you probably improperly paid. assuming you were working at City of Los Angeles (LA)'s minimum current wage of $17.28/hour and... View More
The owner said she can’t allow me to be working along the servers because she is afraid of we having a fight in front of guests. I am a victim of a crime and suing now my attackers. I want to call the Marsy’s law if I had to. What can I do to make them lay? I was sent home today because of this
answered on Mar 20, 2024
DO NOT FIGHT WITH OTHER EMPLOYEES. YOU CAN BE TERMINATED AND/OR GET HURT.
If someone threatens you, take out your phone and film them.
Be careful what you say - do not threat anyone with harm.
The employer has the obligation to enforce the written tip sharing policy.... View More
I have brought it to the attention of the owners but nothing has been done and the comments continue
answered on Mar 18, 2024
First, you should also keep a written log of each comment by date, time, what was said and the circumstances, including where it happened and who was present. This information will be very important in any legal claim.
Second, you should make a written complaint about the racial comments... View More
My annual salary is $60,000, with a year end bonus typically between $6,000 and $15,000. Does this compensation meet the minimum requirement for annual salary under California State Law?
My annual bonus is entirely discretionary. The minimum wage in my area is $16 per hour.
It would... View More
answered on Mar 10, 2024
Under Labor Code 515(a), to be exempt executive, administrative, and professional employees must earn "a monthly salary equivalent to no less than two times the STATE minimum wage for full-time employment."
The 2024 California state minimum wage is $16.00/hour, which means you... View More
*not only shareholder but owner as well
Business opened the door in Jan 2020, Covid started in March 2020, so we have to close the door, eventually terminating employees including general manager. I took position of general manager without compensation, because company didn't have... View More
answered on Feb 27, 2024
You are entitled to be paid minimum wage for all hours worked plus an equal amount of liquidated damages.
Thus, you are actually entitled to twice the minimum wage for all hours worked plus other penalties.
No lawyer can meaningfully address your contractual rights without reading... View More
I work at a luxury sub abuse dtx center. When I first applied I asked what does a work day look like and they said the house would have 2 staff. I've been working my shift alone for the most part of 5 months because weve been kept understaffed. So I end up doing the work of 2 people for the... View More
answered on Feb 19, 2024
No.
A meal premium is equal to 1 hour of your regular rate.
30 minutes of overtime is equal to 45 minute of your regular rate (or 1.5 times your regular rate). Thus, you would be shorted 15 minutes at your regular rate.
I am the only black employee at the company and am being excessively surveilled/scrutinized by my manager. We work remotely, but she’s constantly monitoring my work & and does not do this to other white employees in my dept. I have never missed a deadline or been late on a project. I have... View More
answered on Feb 18, 2024
While discrimination cases are very fact specific, the difference in treatment of black and non-black employees does appear motivated by racial discrimination based on the facts presented. However, this is a public board, not protected by the attorney client privilege. You should seek a... View More
i have been trying to get in contact with old managers and HR, and the furthest i have gotten was someone 'high' up in HR that takes care of paying out the un-used time. in their system he said, i am still an active employee. he emailed my district manager, and CC'ed me in it, and 3... View More
answered on Feb 15, 2024
You must be paid all compensation earned including vacation pay with 72 hours of your resignation. For each day late, your employer is liabl for a penalty of a 1 day’s pay up to a max of 30 days. You can file a complaint with the Labor Commissioner or ask a lawyer to assist you. Most provide free... View More
It shows on my bank, Employer withheld back almost 300 from my check.
answered on Jan 26, 2024
Your employer may not deduct money from your wages without either legal authority (i.e. taxes) or your written authorization.
Assuming it was not authorized, you will be entitled to waiting time penalties of 1 day's pay for up day late up to a max of 30 days.
You can file a... View More
answered on Jan 14, 2024
Yes, Employers are not required to pay for a meal break if an employee is free from all duties for their entire break. Employees can only be required to remain on the premises or work site during their meal period if they are completely free from work duties.... View More
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