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Questions Answered by Brad S Kane
3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: My employer consistently pays us late and our payroll checks BOUNCE every paycheck. I was just suspended for picking up

…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?

Brad S Kane
Brad S Kane
answered on Dec 8, 2024

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...
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2 Answers | Asked in Employment Law for California on
Q: What action does a employer take when a male employee keeps referring to a female as a b*ich?

There is a male employee who is hostile calling me profanity. I filmed it showed to HR. It happened twice. I know it's going to happen again on Monday. I don't know him. I think he might be the same employee from last year who asked me for my number. I said no. I'm worried my... View More

Brad S Kane
Brad S Kane
answered on Dec 7, 2024

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...
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2 Answers | Asked in Employment Law for California on
Q: does the California minimum wage law for mechanics, providing their own tools, not apply to apprentices

I am a mechanic with three years of experience Southern California. I was hired onto this company with my own tools.

I recently brought up to management that I have provided my own tools and that I should be paid California minimum wage

Company does not provide me with any kind of... View More

Brad S Kane
Brad S Kane
answered on Dec 3, 2024

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

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3 Answers | Asked in Employment Law for California on
Q: Does a public school district in CA need to pay waiting time penalty fees after being terminated?

I was let go from a school district about 30 days ago and have not been paid my final wages. I talked to payroll and they said they were exempt from this as they are federally funded. Is this correct or will I need to seek legal counsel to receive my waiting time penalties?

Brad S Kane
Brad S Kane
answered on Dec 3, 2024

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

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3 Answers | Asked in Employment Law for California on
Q: What legal protections exist for non-profit employees reporting a dysfunctional workplace environment to the board chair

If staff members describe both ongoing bullying and a systemic lack of leadership structure to the board chair, and these have been documented in at least three staff /HR interviews, and the CEO has explicitly forbidden board-staff communications, what whistleblower or anti-retaliation protections... View More

Brad S Kane
Brad S Kane
answered on Nov 25, 2024

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

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: My neighbor got fired for not going to work for 3 days but he had a doctor's note so is there anything he can do
Brad S Kane
Brad S Kane
answered on Nov 23, 2024

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...
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3 Answers | Asked in Employment Law for California on
Q: If I own 2 companies, can I have employees work 8 hours in one and part time in the other? Same location.

We have 2 companies located in the same building. Can they work for one full time and part time for the other, the same day? Technically, doing 12 hours with 2 different companies.

Brad S Kane
Brad S Kane
answered on Nov 21, 2024

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...
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1 Answer | Asked in Employment Law for Alaska on
Q: PTO pay out and policy issues

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

Brad S Kane
Brad S Kane
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...
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1 Answer | Asked in Employment Discrimination and Employment Law for Washington on
Q: My employer

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

Brad S Kane
Brad S Kane
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....
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: are employee files private

An employee was disciplined and and asked if another employee received the same treatment. Is the employer required to disclose that?

Brad S Kane
Brad S Kane
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

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2 Answers | Asked in Employment Law for California on
Q: Can my employer reduce my salary to cover mileage reimbursement in California?

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

Brad S Kane
Brad S Kane
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.

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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: Domestic partner lesbian relationship of 18 years 1 day of bereavement leave granted.

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.

Brad S Kane
Brad S Kane
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...
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3 Answers | Asked in Employment Law for California on
Q: I was terminated from my job while I was on disability leave due to high risk pregnancy.

My direct supervisor intentionally did not guide me through companies loa process in order to sabatoge my employment with the company.

Brad S Kane
Brad S Kane
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

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3 Answers | Asked in Employment Law and Business Law for California on
Q: Can your employer make you sign a non disclosure when you quit or leave?

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??

Brad S Kane
Brad S Kane
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...
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3 Answers | Asked in Employment Law for California on
Q: very serious comment sexually related about underage girl

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

Brad S Kane
Brad S Kane
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.

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3 Answers | Asked in Employment Law for California on
Q: Employer says if I don’t last 6 days total I don’t get paid for 3 days training or the days I worked. So like 5 days

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.

Brad S Kane
Brad S Kane
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...
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2 Answers | Asked in Employment Law for California on
Q: Can my employer view my personal emails on my work computer, that was sent by outside scource?

I have never logged onto my personal emails on my work computer.

Brad S Kane
Brad S Kane
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...
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2 Answers | Asked in Employment Law and Landlord - Tenant for California on
Q: I was a care giver for a month and a half and told she don't need one any more and I have a week to move what's the law

I was paid 400.00 a month and told to move in a week

Brad S Kane
Brad S Kane
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...
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2 Answers | Asked in Employment Discrimination, Employment Law and Criminal Law for California on
Q: How can I do to demand unpaid tips from waiters for my work assisting asbusser as it is stated in the restaurant policy?

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

Brad S Kane
Brad S Kane
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....
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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What can I do about racial comments from my manager at work

I have brought it to the attention of the owners but nothing has been done and the comments continue

Brad S Kane
Brad S Kane
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...
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