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Questions Answered by Brad S Kane
3 Answers | Asked in Employment Law for California on
Q: I am a salaried administrative employee in California. My employer is a small business (fewer than 10 employees).

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

Brad S Kane
Brad S Kane
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...
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2 Answers | Asked in Employment Law and Business Law for California on
Q: Can minority shareholder sue the company for unpaid wages?

*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

Brad S Kane
Brad S Kane
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...
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3 Answers | Asked in Employment Law for California on
Q: Is getting paid 30 min of overtime the same as a meal premium for no lunch at work in CA?

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

Brad S Kane
Brad S Kane
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.

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I believe I’m being discriminated against by my manager at work. Should I seek legal help?

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

Brad S Kane
Brad S Kane
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

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3 Answers | Asked in Employment Law for California on
Q: i recently left a job on the 2nd of Feburary, and now, 2 weeks later, i still have not received my un-used PTO/vacation.

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

Brad S Kane
Brad S Kane
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

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2 Answers | Asked in Employment Law for California on
Q: I got terminated from my job. I got paid the day after by direct deposit. I’m a CA resident.

It shows on my bank, Employer withheld back almost 300 from my check.

Brad S Kane
Brad S Kane
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...
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1 Answer | Asked in Employment Law for Washington on
Q: Can my employer require that I stay on premise for the 8hr work day including lunch? -Washington state, exempt salaried
Brad S Kane
Brad S Kane
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

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Can i collect partial unemployment benefits from my job if my hours got cut but im still working there?

I work at mcdonalds in california.

Brad S Kane
Brad S Kane
answered on Dec 26, 2023

According to the Economic Development Department,

Partial Claims

Partial claims are for workers whose employers want to keep them employed when there is a lack of work.

The employer certifies that the employee is expected to return to work and gives them a form. The employee...
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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Sexual Harassment for California on
Q: If there is a abusive parent can I move out in California at 16

Im 16 cant get a job because parents wont allow me too

There was a investigacion made by the police and it conculuded withe the abusive parent coming back to the house and now I am forced to interact with him as if nothing ever happened

Brad S Kane
Brad S Kane
answered on Dec 25, 2023

According to the California Courts,

Emancipation is a legal way for a 14 to 17-year-old to become free from their parent's custody and control. In many ways, they are legally like an adult.

There are three ways to get emancipated:

Get legally married. In California,...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My employer has held a part of pay check since November. Now it almost the end of December. It that even legal to do so?

A part of my November paycheck was held by my employer which they said they will be back paying me on first week of December. Now it is almost end of December and I haven't received my payment despite multiple emails and text messages.

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

It is not legal for an employer to "hold" part of your paycheck.

Worse, it may indicate that your employer has financial problems and you start looking for another job.

If your employment ends and your employer does not pay all compensation earned timely, then you entitled...
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2 Answers | Asked in Employment Law for California on
Q: Are all employees in California entitled to sick time? I work for a mom & pop business (<25 employees).

I haven't heard anything from the owners about paid sick leave, and the one other employee I asked about it said that they gave some valid reasons for being exempted from giving out paid sick leave.

From my research, it looks like all employers need to give paid sick leave, but I... View More

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

According to the Division of Labor Standards Enforcement

Paid Sick Leave (PSL) is a permanent law in California that requires employers to provide paid time off to workers for treatment, diagnosis or preventative care for themselves, a family member or a designated person. Starting January...
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2 Answers | Asked in Employment Law for California on
Q: I'm a Residential Assistant at a college. Can my supervisor require me to submit a request any time I leave overnight?

Hi, I am an Residential Assistant (RA) in apartment-style graduate student housing on a university campus. RA's are supposed to work roughly ten hours per week (as outlined in our contract). We also work an on-call shift were are "on-call" 24/7 on average once a week for the... View More

Brad S Kane
Brad S Kane
answered on Dec 17, 2023

Yes. Your employer can require you to get permission to leave campus. The real question is the employer must provide compensation due to the restrictions on your movements.

Whether on-call or standby time off the work site is considered compensable must be determined by looking at the...
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2 Answers | Asked in Employment Law for California on
Q: Ok i got fired on wed the 6th i asked for my check and they are making me wait intel payday wich is monday the 11th

Arent they suppost to give me my check the same day i got fired

Brad S Kane
Brad S Kane
answered on Dec 10, 2023

If you were terminated, your employer must pay you all compensation earned within 24 hours. For each day late, your employer should be required to pay 1 day's pay up to a max of 30 days. If you were terminated on the 6th, your compensation was due on the 7th. If you are paid on the 11th, you... View More

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2 Answers | Asked in Employment Law for California on
Q: Can a business owner keep staff tips

My boss who owns a dog boarding facility keeps staff tips

Brad S Kane
Brad S Kane
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...
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2 Answers | Asked in Employment Law for California on
Q: Are they allowed to do that? Can they dock him for days just in case he didn't come in? How am I suppose to pay my bills

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

Brad S Kane
Brad S Kane
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...
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2 Answers | Asked in Sexual Harassment and Employment Law for California on
Q: I was sexually harassed by my drunk manager. Could I sue the company even though they fired?

They fired him for being drunk but no one has acknowledged that he sexual harassed me to this day.

Brad S Kane
Brad S Kane
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

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3 Answers | Asked in Employment Law for California on
Q: Does changing from 2 weeks paid vacation to unlimited vacation relieve employers of paying unused vacation on terminatio

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

Brad S Kane
Brad S Kane
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.

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4 Answers | Asked in Employment Law for California on
Q: What should I do if I get bullied from my coworkers and my boss
Brad S Kane
Brad S Kane
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

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3 Answers | Asked in Employment Law for California on
Q: Part-timer, my schedule is 10 am - 5:30 pm. I clocked in at 9:45 am and started working. Employer changed time to 10 a

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

Brad S Kane
Brad S Kane
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

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2 Answers | Asked in Employment Law for California on
Q: Are meal break penalty waivers legal? This is a “blanket” waiver for all days worked if we don’t clock out for lunch

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

Brad S Kane
Brad S Kane
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...
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