Paid vacation is a benefit that an employer is not required by law to provide. However, if it was provided (and it should be reflected on your father's paystub(, the employer cannot retroactively take it away. If the employer's policy gives the benefit to "full time" employees,... View More

I agree with the wise approach suggested by Mr. Fazzi. I would add that you will need to prepare a very strong case of rehabilitation. Law enforcement jobs are very strict about dishonesty and theft. Nevertheless, there is no legal barrier to you reapplying.

Being fired for asking your boss to not yell at staff in a text might be considered a protected activity, i.e. opposing illegal conduct, if the boss was engaged in illegal discrimination or harassment. It is not illegal to be a bad boss, unless the behavior is motivated by hostility toward a... View More

You should apply for unemployment. It is a form of insurance that you pay into.

Mere negligence or making a mistake will not disqualify you for unemployment. An employer would have to provide that you intentionally stole the money to be disqualified for a short cash drawer.

The real question is your pregnancy leave for employer number 1 consistent with you not taking pregnancy leave for employer number 2. Your doctor should be making that decision. If you were put on medical leave to protect your health and your child's health, you need to make sure that working... View More

You are entitled to reimbursement for your cell phone use. Typically a percentage of your bill.

There is no minimum time off between shift. Instead, the legislature has mandated overtime for work more than typically 8 hours per day as a remedy. Unfortunately, you can have a shift end at... View More

If you are non-exempt, then you are entitled to 1 hour of premium pay at your regular rate for each day your employee does not give you the opportunity to take a 30 minute uninterrupted lunch where you are relieved of all duties. The same is true for rest breaks.

Assuming you are an at-will employee, your employer can prospectively change the terms and conditions of your employment for any reason or no reason, but not a prohibited reason such as hostility towards a protected class such as race, religion, gender, sexual orientation, gender expression,... View More

There are two types of penalties available. First, while you continue to work for the employer, there is a 25% penalty for failure to timely pay wages plus $100.00 for each late pay check under Labor Code 210.

Second, after you separate from your employer, you are entitled to waiting time... View More

The short answer is yes. If your employer did not reimburse employees for the reasonable cost of remote work, then you and your fellow employees are entitled to reimbursement and can file a class action. The reimbursement includes use of cell phone, internet, office equipment, supplies, etc.... View More

You are entitled to minimum wage for all hours worked. If your commission does not at least cover minimum wage for all hours worked, including the time you are required to be in the office, you are not being paid properly.

Employees generally resent employers monitoring their bathroom. Employers have no duty to monitor employee time in the bathroom, so it will be hard to prove negligence unless the employer has a bathroom monitoring policy or some other reason to check on the employee in the bathroom.

You have to pay the employee for all time worked, even if the employee showed up late. As a disciplinary matter, you may send the employee home as punishment for being late. However, you still be liable for reporting time pay equal to 1/2 the scheduled shift and not less than 2 hours pay. Thus, you... View More

California Labor Code 203 does not apply to governmental employers.

I agree with Mr. Pedersen that: (i) the federal Fair Labor Standards Act does apply to state governments and their subdivisions; and (ii) there is no provision similar to California Labor Code 203.

Assuming you are an at will employee, your employer can change your hours prospectively. Since you knew your hours were less than full time and kept working without objecting, it will be very difficult to prove entitlement to 40 hours per week retroactively.

I would note that your employer is still required to comply with United States and likely California anti-discrimination law. The Civil Rights Act of 1991 effectively overruled EEOC v. Arabian Oil Co., 499 U.S. 244 (1991), which held Title VII did not protect United States citizens working overseas... View More

California's method of counting employees for FEHA purposes, includes part-time employees and person working outside the state of California. Thus, the employer can have five employees for purposes of a discrimination claim under California law, even if the employer never had more than 4... View More

It is illegal to retaliate against you for taking a protected medical leave, such as taking away your shifts or giving you less desirable shifts. If you have paid sick leave or your employer has at least 5 employees, your short term medical leave is likely protected.

No. You filed the lawsuit and can be fired later for being dishonest.

You should carefully read the settlement agreement to determine if there is a confidentiality provision limiting what you can say about the case. Sometimes you can say "it was amicably resolved."

If the... View More

Your employer only has to pay you what you earned. The difference should be paid back. The employer can fire you for not paying the money back promptly.