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Questions Answered by Brad S Kane
Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?

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... Read more »

Brad S Kane
Brad S Kane
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... Read more »

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

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... Read more »

Brad S Kane
Brad S Kane
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...
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1 Answer | Asked in Employment Law for Washington on
Q: If I am terminated from my employment for violating a work policy, am I allowed to request a copy of that policy?

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.

Brad S Kane
Brad S Kane
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...
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4 Answers | Asked in Employment Law for California on
Q: Would the fact I'm 60 yrs old and quit a job I love with good pay to being unemployed,show believability of toxic wplce?

I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... Read more »

Brad S Kane
Brad S Kane
answered on May 21, 2023

A toxic workplace is not necessarily illegal. To have a claim for constructive wrongful termination, your supervisor's actions must be motivated by a hostility toward a protected class, such as age over 40, race, religion, gender, gender expression, sexual orientation, military service,... Read more »

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3 Answers | Asked in Employment Law for California on
Q: What are the rules around in-kind payment in California -- Los Angeles, specifically?

I live in a building in which the part-time front desk staff are paid in-kind in rent credits at local minimum wage per hour worked. This arrangement has been in place since before I moved in 14 years ago. Our new management company says it's illegal, but the owner has lawyers who would... Read more »

Brad S Kane
Brad S Kane
answered on May 18, 2023

Read section 10 of the appropriate wage order. Order No. 5-2001 covers public house keeping -

10. Meals and Lodging

(A)"Meal" means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.

(B)"Lodging" means living accommodations...
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3 Answers | Asked in Employment Law for California on
Q: Can an employer take disciplinary action up to termination for “creating a hostile work environment” by talking wages?

I know employees are federally protected to talk about wages amongst each other however my employer is saying that by talking about wages in the work place it creates a “hostile toxic work environment”. therefore they can discipline us up to termination for that “hostile” environment... Read more »

Brad S Kane
Brad S Kane
answered on May 12, 2023

You have a legal right to discuss wages in the workplace. Your employer cannot discipline you for creating a hostile work environment by discussing your wages.

Employers cannot prohibit employees from discussing or disclosing their wages, or for refusing to agree not to disclose their wages...
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2 Answers | Asked in Contracts, Employment Discrimination and Entertainment / Sports for California on
Q: I was used in a SAG commercial without contract or knowledge. Huge company ran it worldwide for years. Legal theories?

Answered, thank you!

Brad S Kane
Brad S Kane
answered on Mar 22, 2023

Unfortunately, the statute of limitations for unauthorized use for commercial purposes or the common law tort of invasion of privacy is 2 years from the date of the first publication. Thus, it is likely those claims are time barred.

Assuming you are a SAG member and it is a SAG contract,...
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1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: What's the average compensation due to victim for wrongful termination due to retaliation for seeking internal transfer?

I have proof of retaliation.

Brad S Kane
Brad S Kane
answered on Mar 21, 2023

First, each wrongful termination case is very fact specific, there is no "average" compensation standard.

Second, more important, an employee seeking a transfer is not a legally protected right that would support a retaliation claim unless it is motivated by hostility toward to...
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1 Answer | Asked in Employment Law for Washington on
Q: I’m in Washington State and my employer says no one is allowed to discuss wages, is that legal?

I work in a senior living facility and I recently learned I was being paid a significant amount less than the other receptionists. I discussed my pay with my boss and she did give me a raise, but made it clear I am not allowed to discuss pay with other employees. She said it is a written rule in... Read more »

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

According to the Department of Labor and Industries,

Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Wage non-disclosure agreements for employees are prohibited....
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2 Answers | Asked in Employment Law for California on
Q: Confusion regarding CA 24 sick pay

My employer claims that they do not need to renew the 24 hr sick pay yearly because we accrue PTO....Yet we need to use PTO (our vacation time) when we get sick. Is this correct?

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

The Healthy Family Act provides that an employer who chooses to have a Paid Time Off (PTO) policy instead of a sick time policy complies with the Act as long as the PTO policy satisfies all of the Act’s requirements with respect to eligibility, accrual, usage, notice, recordkeeping, etc.

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3 Answers | Asked in Employment Law for California on
Q: Does Alameda, County, Employer: Berkeley Fire Dept. have to provide final wages upon termination or are they exempt?

Termination was the day before a regular paycheck (for 2 weeks pay). Berkeley FD states they wont pay ANY wages until the following month, they even canceled a normal paycheck thus delaying wages over one month because they are exempt from paying final wages at termination because they are a city.

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

I agree with Mr. Pederson and respectfully disagree with Mr. Arrasmith.

California law also regulates the payment of wages upon an employee’s separation of employment. Under Labor Code section 201, an employer must pay an employee all wages due to the employee at the time the employer...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I worked for an employer for 3 months and got a $13,000 collection from them for training reimbursement what can I do?

I worked for an employer in March of 2021. I experienced a hostile work environment from management cursing at us all day and threatening our jobs. I left the company 4 months later and received a collection of 13,000 on my credit report. Upon hire, as part of the new hire paper work, they... Read more »

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

The employer's demand for "reimbursement" for the full cost of training never received sounds like an unfair debt collection practice. Further, if the employer is a large company, such illegal practices may merit a class action.

Employers in California cannot recoup the cost...
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2 Answers | Asked in Employment Law for California on
Q: Can management threaten write-ups regarding uniform while letting their 'favorite' employees slide daily?

2 of us wear our uniform properly and 3 don't. The 2 of us if one thing is out of place we hear it for days. Yet the other 3 dont button their vest, will wear a hat while working, sleeves rolled up. We were told the 2 of us had to be rolled down sleeves our because of our tattoos, but for the... Read more »

Brad S Kane
Brad S Kane
answered on Mar 8, 2023

If the two employees are being treated differently based on their membership in a protected class such as race, religion, gender, gender expression, sexual orientation, military service, disability, pregnancy or opposing illegal conduct, then the difference in treatment could be illegal.... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do about the racial slurs said and allowed by my employer?

During the holidays my boss thought it was funny to refer to my Menorah as "manure". Even after I told him how rude and disrespectful that was. He began telling our guests how funny he was. And still if my religion is brought up he brings up his "funny story".

He has... Read more »

Brad S Kane
Brad S Kane
answered on Mar 8, 2023

You should consider reporting in writing the racial and religious slurs in the workplace to human resources, senior management and/or the owner of the business. You should keep written records of each incident. To have a legal claim, this type of harassment must be severe or pervasive.

Be...
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3 Answers | Asked in Employment Law for California on
Q: What can we do about our boss pressuring us to work off clock and being his personal taxi?

My boss pressures us to work off the clock. He'll tell us to clock out and then tell us we need to do this and that. Sometimes, it's 5 minutes other times it's over an hour. And if we are on the clock beyond the time he told us to clock out, He gets pissy and will 'adjust'... Read more »

Brad S Kane
Brad S Kane
answered on Mar 8, 2023

Your employer is required to pay employees for all time worked. Your employer appears to also be illegally retaliating against employees for asking to be paid for their work. There are multiple penalties that apply. You should consult an employment lawyer. Most provide free consultations.

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1 Answer | Asked in Employment Law for Washington on
Q: I was put on "salary" can I charge over time?

I was working 84hrs a week 7weeks straight no days off, I was told 2500 manage office, then I ended up doing full housekeeping n laundry service too. can I charge over time and for different dutties? And he wants charge me rent now. And keeps changing my pay for those 7 weeks.

Brad S Kane
Brad S Kane
answered on Mar 3, 2023

In Washington state, the 2023 minimum salary for exempt employees working for small employers (1-50 employees) is 1.75 times the minimum wage. That means an employee exempt from overtime pay must earn at least $1,101.80 a week ($57,293.60 a year).

For large employers (51 or more employees),...
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4 Answers | Asked in Employment Law for California on
Q: I currently work a sales job for an employer who uses unethical illegal tactics to close sales

My employer uses unethical practices to close sales and I am threatened to get sent home if I don’t do these practices along side with them. Unethical practices include: using fake socials to create accounts, adding things to accounts without customer’s consent and more. I am scolded for not... Read more »

Brad S Kane
Brad S Kane
answered on Mar 1, 2023

You have potential whistleblower protection from retaliation, if you report the illegal activities to management, such as adding items to a customer's transaction without their knowledge or consent.

You should speak with an employment lawyer about documenting your concerns in writing...
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2 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Washington on
Q: What If I work for a medical facility and find that other employees are committing malpractice and doing illegal things?

If the company that hires me are negligent in their training programs and do not train staff properly, and I notice other employees committing crimes and doing things against policy and procedures, is there legal action I can take against them?

Brad S Kane
Brad S Kane
answered on Feb 28, 2023

You can file a complaint with the appropriate regulatory agency or notify your employer of the activities that you believe in good faith to be illegal. If you do so, your employer is legally prohibited from retaliating against you for whistleblowing.

At the same, you would be wise to seek...
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3 Answers | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for California on
Q: My sons work tricked us into signing an arbitration that it only let us see the second page to, then they lost it

After they lost the first, the other manager gave my son both sheets to take home. That’s when I fully saw what it was and had a huge problem with signing it. The first manager was upset that the second let us take home a legal document, even though on the first page that we didn’t get the... Read more »

Brad S Kane
Brad S Kane
answered on Feb 27, 2023

First, the employer has the right to suspend or even fire your son for refusing to sign the arbitration agreement.

Second, Labor Code § 432 requires an employer to give to an employee any document relating to the obtaining or holding employment signed by the employee whenever requested by...
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2 Answers | Asked in Contracts and Employment Law for California on
Q: I'm paid as an instructor at a 501(c)3 Maker Space. I want to also volunteer to do equipment checkouts. Is this possible

I'm paid to teach Basic Operation and Safety classes for certain equipment (2-3 hour classes).

I want to also volunteer to do checkouts (brief ~15-30 minute verifications that a member doesn't need the class and already has the requisite knowledge and skills to use the equipment... Read more »

Brad S Kane
Brad S Kane
answered on Feb 24, 2023

Employers must pay for all hours worked. The law is designed to protect employees for bad employers who demand off the clock work.

According to the Division of Labor Standards Enforcement,

The DLSE took the position that “the intent of the parties is the controlling factor. If...
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