You have a claim for waiting time penalties against the both business and its officers, directors and managers, who were responsible for the decision not to pay you. You are entitled to your final compensation plus one day's pay for each day late up to a max of 30 days.

You can file a... View More

Your employer can fire or discipline you for using drugs at work, but the employer must pay you for all time worked.

You should consider filing a written complaint with HR and/or the top management of the company. The written complaint will at least document your complaint was made in case retaliation by the manager and higher management.

Before you send in the written complaint, you should have a lawyer... View More

Unfortunately, this is an educational board. We are not able to solicit clients. You should look on Google and AVVO to find a knowledgeable employment lawyer. You should also consider contacting the local county bar referral service. Most employment attorneys provide a free consultation.

The first question is whether you are really an employee or an independent contractor. Labor Code 2275 provides that: "a person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that all of... View More

At a minimum, you should be entitled to the maximum waiting time penalties of 30 day's pay. Normally, you are entitled to 1 day's pay for each day late.

You can file a complaint with the Labor Commission or retain a lawyer to assist you. Attorney's fees are recoverable if... View More

In California, an employer can terminate you for any reason or no reason, but not a prohibited reason such as hostility toward a protected class such as race, religion, gender, gender expression, national origin, military service, pregnancy, disability or opposing illegal conduct.

Here, it... View More

First, you may still bring a claim against the Company, the head of the department and the original sexual harasser, if the claim against each defendant is not time barred. From the date of the each defendant's last act to you have: (i) 3 years to obtain a right to sue letter from the... View More

Unfortunately, California's Pregnancy Disability Leave Law only applies to employers with 5 or more employees. California counts employees on a worldwide basis.

If your employer had at least 5 employees so that PDLL applied, you could have a strong claim.

There is a limited right to re-employment in the hospitality industry if you were working for a large employer.

The rules for San Diego are addressed in the article below.... View More

Your injury should be covered by worker's comp. You need to contact a worker's comp attorney and file a worker's comp claim.

While I am not aware of any California law requiring employers to provide health insurance, I believe that employers that offer health insurance to spouses, must also offer them to domestic partners. I believe that you should contact the California Department of Insurance for assistance and/or... View More

You are not legally obligated to cash out accrued sick leave at termination. You are legally obligated to cash out unused PTO or vacation pay at termination. You would be wise not to mix the two distinct items together in your PTO policy.

First, you should keep your own written records of your work and your meal and rest breaks as well as take pictures of your time cards.

Second, since you need this job to pay your bills, you are afraid of retaliation and the statute of limitations is measured in years, you should begin to... View More

Your lawyers are correct. A doctor's note that you suffer from a disability will not prevent the running of the statute of limitations or other court imposed deadlines with the consequence that you could lose your opportunity to make your claims in court and recover for your injuries.

Under the Federal Labor Standards Act, your employer can only make deductions from your wages is several requirements are met. Even then, the wages deductions must be actual cost with no profit. For more info go to:

https://www.dol.gov/agencies/whd/direct-care/credit-wages... View More

According to the Division of Labor Standards Enforcement,

Workers who earn the minimum wage per hour are entitled to additional pay known as a “split shift premium” when their schedule includes a split shift. The premium is equal to one hour of pay at the rate of the minimum wage.... View More

According to the Washington State Department of Labor and Industries,

Washington State does not require employers to provide leave or pay for holidays, vacations, or bereavement. These benefits can be found in your employer policies or collective bargaining agreement. They are generally an... View More

Do not sign a severance agreement until you speak with an lawyer to make sure you are not giving up claims much more valuable than the severance payment.

Your employer is required to pay you all compensation earned within 72 hours of your resignation. For each day late, you are entitled to 1 day's pay for each day late up to a max of 30 days.

In addition, you sister is entitled to be paid at least the minimum wage, which in California... View More