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Questions Answered by Brad S Kane
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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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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