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Questions Answered by Brad S Kane
1 Answer | Asked in Employment Law for California on
Q: can an employer pay $10 hour under the table. paid cash?
Brad S Kane
Brad S Kane
answered on Oct 12, 2022

No. The employer must pay at least the minimum wage and must provide you with paystubs as well as make the legally required tax deductions.

The minimum wage in California is currently $15.00/hour for employers with 26 or more employees, and $14.00/hour for employers with 25 or less...
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1 Answer | Asked in Employment Law for California on
Q: I was denied FMLA Bonding benefits. Because, I have two children whose birthdays are within a one year period time.

I took my bonding time for the one child back in March-April of 2022 who was born on May 10, 2021. And now, I’m trying to take some bonding time to bond with my newborn child who was born April 30 of this year. However, the State’s EDD denied my claim.

Brad S Kane
Brad S Kane
answered on Oct 10, 2022

The problem may be that you already took the maximum eight weeks of PFL leave in the past 12 months.

Eligibility Requirements

To be eligible for PFL benefit payments, you must have:

Welcomed a new child into the family in the past 12 months through birth.

Paid into...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: 500 company hires disabled workers requested accommodations, none were made. I have CP, can they do this?

Instead supervisors and workers laugh at my disability. I feel scorned and abused, and must now do this job for a additional 10 hours a week, even though there are other jobs I can do!

Brad S Kane
Brad S Kane
answered on Oct 10, 2022

You have a legal right to a reasonable accommodation of your disability. Hopefully, you have requested the reasonable accommodation of your disability in writing. You should keep a log of the supervisors' and employees' comments/laughter to help prove their animous.

You should...
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2 Answers | Asked in Employment Law for California on
Q: How long does employer have to provide me with last paycheck once terminated?

I was under a subcontract agreement for six months and the employer chose not to reinstate contract. When must the employer provide me with last paycheck?

Brad S Kane
Brad S Kane
answered on Oct 10, 2022

Assuming you are a employee, your employer must pay you within 24 hours of termination. You are entitled to 1 day's pay for each day late up to a max of 30 days as waiting time penalties.

Your question is unclear as to who your employer is or if you are an independent contractor....
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2 Answers | Asked in Sexual Harassment and Civil Rights for California on
Q: Hello so my now boyfriend is getting threatened by his exes mom

Hello so my now boyfriend is getting threatened by his exes mom about he supposedly raped her while they were dating while they where having consensual relation she had said stop but he had not heard until she said is again louder now that they broke up she will break into his home at night and in... View More

Brad S Kane
Brad S Kane
answered on Oct 7, 2022

It sounds like time to keep records of everything and seek a civil harassment restraining order. For more information go to:

https://www.courts.ca.gov/1044.htm?rdeLocaleAttr=en#:~:text=A%20civil%20harassment%20restraining%20order,or%20seriously%20harassed%20you%2C%20and

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1 Answer | Asked in Employment Law for Washington on
Q: I am FMLA protected but my employer wants to cut my hours and pay when I'm out due to my disability. Is that legal?

I have filed FMLA paperwork with my employer (School District employee) asking to adjust my 8 hour day to 71/2 or 7 hour day and using my sick time to make up the difference. This is due to my eyesight and not being able to drive in the dark. HR has confirmed that I am eligible for protected leave.... View More

Brad S Kane
Brad S Kane
answered on Oct 2, 2022

If you are asking your employer to reduce your workday from 8 hours to 7 1/2 hours, then it is quote reasonable to reduce your pay to the hours worked.

You may want to consider asking your employer simply start your work day earlier, so you can still work 8 hours and get home before dark.

2 Answers | Asked in Employment Law for California on
Q: Can a company sue a non-employee for return of computer if they have no proof that they delivered it to my home?

I'm a freelancer who was working FT for one company. An assistant, with the company (using personal car), delivered computer equipt. to my home during COVID two years ago. I did not sign any documents upon receiving equipment. I no longer work for with this company. They have not asked for... View More

Brad S Kane
Brad S Kane
answered on Sep 29, 2022

First, you should do the right thing. Remember the Golden Rule - treat others how you would want to be treated. Would you like someone to keep your equipment, because they think you may not be able to prove it is your equipment. You would be outraged.

Second, even if you did not sign...
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2 Answers | Asked in Employment Law for California on
Q: I lost my regular full-time schedule after returning from FMLA/CFRA due to my short term medical disability.

I still have outstanding time offs but for some reasons, I can’t access my “Time Off” section on our company’s portal.

Brad S Kane
Brad S Kane
answered on Oct 2, 2022

An employer may not retaliate against you for taking a protected medical leave. The loss of your full time schedule upon your return from a protected medical leave creates an inference of unlawful retaliation. The employer is then required to provide a legitimate non-retaliatory reason for the... View More

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1 Answer | Asked in Employment Law for California on
Q: I missed a day from work because I was unwell. I used sick pay. Can I be disciplined for this?

I got a absence at work and recieved a PCR. That is a performance thing in my file. They have a absence policy. I used sick pay for that day. Does labor code section 234 apply to me in situation?

Brad S Kane
Brad S Kane
answered on Sep 26, 2022

You should not be disciplined for a valid use of paid sick leave. If you have a valid doctor's note or PCR test result, then you are likely protected by Labor Code 234.

1 Answer | Asked in Employment Law for California on
Q: City deny employment opportunities to former at will employee failing to provide 10 days written notice of resignation

City policy and procedures state employee employee shall give 10 notice of resignation

Policy does not stipulate failure to provide notice will result banned from future employment opportunities.

Brad S Kane
Brad S Kane
answered on Sep 26, 2022

An employer can legally refuse to hire a former employee after that employee failed to give advance notice of their resignation.

3 Answers | Asked in Employment Law for California on
Q: In california if i quit my job without notice can my employer keep my final check because i owe him money even though

We have a agreement i pay him 100 every 15th but he is keeping my whole last check

Brad S Kane
Brad S Kane
answered on Sep 20, 2022

Your employer cannot make deductions from your check unless authorized by law or by you in writing. It is common in employer advance/loan agreements for the employer to include a provision authorizing deduction of outstanding loan balances from your final check. Without such an agreement, the... View More

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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer fire you, give a letter to sign waiving all rights to any EEOC claim in exchange for severance pay?

My employer walked into my office, handed me a check for the two days I had worked, another check for accrued vacation pay, and another check. He then handed me paper work to sign, waiving all rights to any and all discrimination claims. He asked me to read them, sign them and return them in... View More

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

Yes, an employer can terminate you, pay you all compensation earned and offer you additional compensation in exchange for signing of the release of your potential claims.

2 Answers | Asked in Employment Law for California on
Q: Is it illegal to keep a direct deposit my former employer sent in error? If so what is the consequences?

I was terminated from my last position. The owner of the company gave me a final hand written check. The following week I received a direct deposit for the same amount. 2 days later I got an email saying they would reverse the direct deposit they did in error. I have moved the money from the... View More

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

You have no right to the overpayment. You are legally liable for the full amount, plus interest and possibly attorney's fees.

Your affirmative action of moving the funds to block the reserve direct deposit means your former employer has a legitimate reason to question your honesty....
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1 Answer | Asked in Contracts and Employment Law for Washington on
Q: Left Amazon before 2 years. They’re coming after me w a $30K relocation bill. Is there a way to negotiate it down/waive?

-upon employment was told to relocate fro Miami to Seattle

-sold home, took kids out of school, moved to Seattle

-boss made my life impossible. Possible b/c of my age (over 50). Got a negative annual performance review (first step before termination)

-ended up getting a... View More

Brad S Kane
Brad S Kane
answered on Sep 14, 2022

First, you can always attempt to negotiate a solution. You may consider offering a refund representing 11/24 of the relocation assistance amount with a deduction for the perceived age discrimination.

Second, it is impossible to tell you what legal options you may have under the relocation...
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2 Answers | Asked in Employment Law for California on
Q: Question regarding counting overtime twice because of working over 8 hours a day and over 40 hours a week.

I work in California as an hourly employee:

In a normal week, I work 5 days for 8 hours each day.

If on Monday I work 9 hours, I will receive 1 hour of overtime.

But if I work the rest of the week as normal, 8 hours a day, does the last hour in that week count as overtime... View More

Brad S Kane
Brad S Kane
answered on Sep 14, 2022

Overtime is counted either based on going over 8 hours per day OR 40 hours per week. You cannot calculate it both ways and add it together.

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: can a company with under 50 employees deduct pay as a punishment and then give that deduction to another employee's rais

My husbands pay was docked 4 dollars for being late a couple of times. His boss under a contract said in a month he would get it back. Instead he never gave it back and gave the extra 4 dollars to give another employee a 4 dollar raise. There is more to this as well. My husband suffered some... View More

Brad S Kane
Brad S Kane
answered on Sep 19, 2022

First, it is illegal to "dock" or reduce someone already earned compensation based on a disciplinary matter like being late. As a result, your husband is entitled to all pay earned.

Second, to the extent, your husband's former employer reduced your husband's pay by $4.00...
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2 Answers | Asked in Employment Law and Immigration Law for California on
Q: I have a friend whose from Spain and he was brought over by them to work here but things aren’t working out and he would

Like to stay here, so he’s done officially in two weeks and his boss is threatening to report him to go back? What are his options and is this legal? Nothing on the contract says him to go back, also when he was a j1 worker prior he has stubs of them not paying him ot hours and no records of... View More

Brad S Kane
Brad S Kane
answered on Sep 9, 2022

If your friend was not paid wages, he can still legally collect them. He should speak with an employment lawyer. Most provide free consultations.

You would have to ask an immigration lawyer whether your friend can legally stay and work in the U.S.

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5 Answers | Asked in Employment Law, Personal Injury and Sexual Harassment for California on
Q: If past employees make a public statement about unsafe work conditions and sign it together could the employer sue us?

Issues with no breaks, injuries not being paid for, asking for injuries to be paid out of pocket instead of through workman's comp, removing fire alarms. Or is it safer to do an anonymous statement to avoid being sued. We just want to inform/protect future and current staff of the employers... View More

Brad S Kane
Brad S Kane
answered on Sep 9, 2022

Your best options are: (i) file a complaint with the Labor Commissioner and Cal-OSHA; and/or (ii) file a lawsuit to recover for the missed breaks, worker's comp evasion and unsafe conditions.

Your actions seeking redress from the government and/or filing a lawsuit in court are have...
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2 Answers | Asked in Employment Law and Sexual Harassment for California on
Q: Can I do anything? i was sexually harassed by my manger about 3 years ago

She told me i would remember her for the rest of my life, i had to go to the hospital a couple times for suicidal ideation,i still can't stop thinking of her, i was only 18 and she was 35 , i told her to leave me alone but when i said that she kept doing it, i didn't understand at the... View More

Brad S Kane
Brad S Kane
answered on Sep 8, 2022

You should immediately file an administrative complaint online with Department of Fair Employment and Housing against your manager and her employer based on sexual harassment, gender based discrimination and retaliation. You have only 3 years from the last act to file the administrative complaint... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for California on
Q: Annual a performance review scores were admittedly falsified.

Falsified from 6.5 to 4.0 (1-10 scale) by my manager , in writing stated it was modified downward to fit a list of pre-determined employees targeted for layoff. The score reduction was directed by the HR department, therefore my scores were changed which did not reflect my overall performance.... View More

Brad S Kane
Brad S Kane
answered on Sep 7, 2022

A falsified performance review as part of a targeted layoff is an adverse employment action, which may support a claim for age discrimination. You should speak with an employment attorney about how to respond in writing to the falsified evaluation, most provide free consultations.

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