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Questions Answered by Brad S Kane
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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2 Answers | Asked in Employment Law for California on
Q: I'm a Residential Assistant at a college. Can my supervisor require me to submit a request any time I leave overnight?

Hi, I am an Residential Assistant (RA) in apartment-style graduate student housing on a university campus. RA's are supposed to work roughly ten hours per week (as outlined in our contract). We also work an on-call shift were are "on-call" 24/7 on average once a week for the... View More

Brad S Kane
Brad S Kane
answered on Dec 17, 2023

Yes. Your employer can require you to get permission to leave campus. The real question is the employer must provide compensation due to the restrictions on your movements.

Whether on-call or standby time off the work site is considered compensable must be determined by looking at the...
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2 Answers | Asked in Employment Law for California on
Q: Ok i got fired on wed the 6th i asked for my check and they are making me wait intel payday wich is monday the 11th

Arent they suppost to give me my check the same day i got fired

Brad S Kane
Brad S Kane
answered on Dec 10, 2023

If you were terminated, your employer must pay you all compensation earned within 24 hours. For each day late, your employer should be required to pay 1 day's pay up to a max of 30 days. If you were terminated on the 6th, your compensation was due on the 7th. If you are paid on the 11th, you... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Should I seek legal counsel if the harassment continues?

I had recently asked about a coworker calling me a derogatory name. Thank you to the attorney for the response.

I know my employer spoke with the male employee. He wasn't terminated. However, I think he is going to retaliate. I pulled out my cell phone out just in case. He was in... View More

Brad S Kane
Brad S Kane
answered on Dec 17, 2024

If he continues, keep a log of each incident, continue reporting it to HR and reach out to an attorney to discuss privately off line. Postings on this board are not protected by the attorney client privilege.

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3 Answers | Asked in Employment Law for California on
Q: Should my husband accept a bare minimum settlement for meal violation claim with his company?

My husband filed a Meal violation claim and has received a settlement offer. We would like to seek a lawyer before he accepts this settlement offer. He does not want to lose work opportunities due to this settlement. He filed a claim and they had a conference where he was offered a settlement... View More

Brad S Kane
Brad S Kane
answered on Dec 5, 2024

This public board is for general information. No one can advise your husband without knowing all the facts and circumstances. Your husband will need to hire a knowledgeable employment lawyer to advise him.

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3 Answers | Asked in Contracts, Criminal Law, Employment Law and Family Law for California on
Q: How to serve an evasive deponent

I’ve been attempting to serve a subpoena on a witness for a deposition for over two months. The witness is represented by a lawyer in a separate case, but despite multiple emails and calls, the lawyer has not responded.

The server process attempted to serve the subpoena at the lawyer’s... View More

Brad S Kane
Brad S Kane
answered on Dec 2, 2024

I disagree with Mr. Arrasmith's AI generated answer. There is NO mechanism to compel counsel in another action to accept service for a different action with different parties. Similarly, you do NOT need to file a motion for authorization of substitute service.

Your process server can...
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3 Answers | Asked in Employment Law for California on
Q: My new employer supposed to compensate me for mileage expenditure driving my car for the job? My old job did.

As a public health worker and case manager, I have to drive to different residential addresses throughout the day. My old job reimbursed me for the mileage I expended, but my new job doesn't talk about it. There is nothing in the employee handbook that even brings up any such policy.

Brad S Kane
Brad S Kane
answered on Dec 1, 2024

Under Labor Code 2800 and 2802, your employer must reimburse employee mileage incurred on the job. As of 2024, the IRS mileage rate for business related travel is 67 cents per mile.

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3 Answers | Asked in Employment Law for California on
Q: Am i wrongfully terminated if a vendor delivery with frozen items fails to put merchandice in a cooler?

I was working at a chevron/Power market as a sales representative/ cashier and we had a vendor delivery for pizzas that we were going to be giving for free the following monday. I signed for the delivery since there was no manager on site to sign for it. Normally vendors deliver frozen items and... View More

Brad S Kane
Brad S Kane
answered on Nov 28, 2024

Mr. Pedersen's correctly answers that this is not wrongful termination. An at will employee can be terminated for any reason or no reason, except a prohibited reason such as hostility to towards a protected class or opposing illegal conduct.

I also share Mr. Pederson's concerns...
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1 Answer | Asked in Employment Law for Washington on
Q: How would I sue for my PTO pay

Back on May 30th of 2024 I was terminated . For reporting harassment the day prior. However at this point I mainly want to focus on the around $1800 in PTO PAY that I never received. According to the employee handbook any and all PTO is supposed to be paid out upon termination. Every employment... View More

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

You can file a wage complaint with the Washington State Department of Labor Industry at:

https://secure.lni.wa.gov/wagecomplaint/#/

1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: Do I have a case if I got fired for breaking a company policy , but my coworkers who broke the same policy didn’t?

I work in a male dominated industry and feel like I’m being discriminated and targeted. My boss also broke the company policy too.

Brad S Kane
Brad S Kane
answered on Nov 16, 2024

If you are female and you were fired for breaking a company policy, while male employees are not disciplined for breaking the same policy, then you may have a claim for gender based discrimination.

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