Mr. Arrasmith's probably AI generated answer is WRONG. Anyone in the chain of service, including back of house staff like dishwashers can participate in the tip pool.

In Etheridge v. Reins International California, Inc., the servers challenged the inclusion of employees, such as... View More

Employers are generally not entitled to reimbursement for training without an explicit agreement.

Normally, the cost of hiring the replacement is not sufficient for an employer to sue for damages.

Courts will not require you to continue working for the employer.

Absent... View More

Your employer is incorrect. The salary threshold is based on a 40 hour week, not a part-time week.

The Department of Labor and Industries provides a chart showing the required minimum weekly earnings at:

https://www.lni.wa.gov/forms-publications/f700-207-000.pdf

If you have sick leave accumulated, the employer should only be deducting from your sick leave if you are out sick. If you have no sick leave accumulated or run out, then you can draw on your accumulated PTO. Your employer can not require you to use PTO for sick, when you have accumulated sick... View More

Check your agreement with the prior owner, the prior owner should be required to defend and indemnify you for claims that arose prior to the purchase.

If purchased the assets only and not the business, you may have a defense there.

Further, you will need to hire a lawyer to defend... View More

Yes, hosts and bussers can share in the tip pool as long as they are in the chain of service, which includes seating customers, cleaning tables, delivering drinks and preparing food, provided the percentages are reasonable. Managers, owners and supervisors are not allowed to participate in the tip... View More

Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.

Since your employer is consistently... View More

Keep informing HR in writing each time it happens.

Sexual harassment has to be either severe or persuasive enough to change the terms and conditions of your employment. A single inappropriate touching likely meets that standard. One or two offense comments may not be enough depending on the... View More

The short answer is probably not. The California minimum wage law for mechanics who provide their own tools does not apply to apprentices. According to 8 CCR § 11100, when tools or equipment are required by the employer or necessary for the job, the employer must provide and maintain them, except... View More

The short answer is probably not. If you were employed by a public school, you should not be entitled to waiting time penalties as Labor Code 203 is among the provisions that do not apply to governmental employers. Under Labor 200(b) Sections 200 to 211, inclusive, and Sections 215 to 219,... View More

Labor Code 1102.5 protects employees, including non-profit employees, for reporting or opposing what they in good faith believe to be illegal conduct. Lack of leadership is not illegal, but bullying may be illegal if motivated by hostility toward a protected class or opposition to illegal conduct.... View More

The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.

In California, if your employer has at least 5 employees, then... View More

You will likely be sued for multiple wage and hour violations, including but not limited to unpaid overtime, meal and rest break violations, wage statement penalties, etc., unless there is a great deal of separation between the companies. The corporate form is not enough.

If the companies... View More

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

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

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

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.

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

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

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