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Questions Answered by Brad S Kane
2 Answers | Asked in Employment Law for California on
Q: Does the minimum exempt salary include IRA and Health Care benefits?

I just want to know what is included in the Exempt Salary Minimum wage? Does include certain benefits I know you can include 10% of a bonus but can my employer include company contributions, and health benefits?

Brad S Kane
Brad S Kane answered on Aug 28, 2021

Bonuses, but not benefits, are counted toward the minimum salary requirements for exempt status.

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3 Answers | Asked in Employment Law for California on
Q: Can my boss legally tell me to take more Ritalin to work more hours?

I confided in my boss that I have ADHD and had to go back on my Ritalin prescription to help with the increase workload, specifically with numbers and spreadsheet type activities. Normally I can manage my ADHD without stimulants but I am essentially covering 2 jobs at the moment and finding it... Read more »

Brad S Kane
Brad S Kane answered on Aug 13, 2021

No. Your boss cannot legally require you to take Ritalin and it was inappropriate for your boss to even suggest it.

You should document your concerns in writing.

Finally, if your doctor feels you need work related restrictions, including that you are working too many hours, then...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: Am I required to explain to an ex employer where to find documents on a company computer I no longer have access to?

My ex employer is saying that I did not properly save information to the company file sharing database, and they can't find something they think I know where it is. I no longer have access to the computer, the files in question are just somewhere on the computer (unless the computer was wiped... Read more »

Brad S Kane
Brad S Kane answered on Aug 12, 2021

First, if you believe you were wrongfully terminated, then you should consult with an employment lawyer to discuss your options. Most employment lawyers provide free consultations. If you bring a wrongful termination claim, then you may be penalized for refusing to offer assistance to your former... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Am I required to provide a 2-factor authentication code to an ex employer account that was set up on my personal phone?

I set up an amazon account and turned on 2-factor authentication for my previous employer. They are now asking me to provide this information, which I would only like to provide if I am 100% legally obligated to.

Brad S Kane
Brad S Kane answered on Aug 12, 2021

Your desire to make things more difficult for your former employer may come back and hurt you. Be careful.

You set up the account as an employee and you were obligated to provide that information when you were an employee. Thus, a refusal to provide the information might be used to contest...
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1 Answer | Asked in Employment Law for California on
Q: Boss says they can remove an hour of wages worked from pay for not turning in report at a designated time, is that true?

I work for a private detective agency, and my pay is hourly. Today, my boss sent an e-mail claiming that if reports aren't turned in by 8pm PST, she will permanently remove an hour of pay from our paychecks, even if we worked that hour. I worked for the Department of Labor for a spell, and I... Read more »

Brad S Kane
Brad S Kane answered on Aug 11, 2021

Your employer is not entitled to discipline you by taking away your earned compensation. For failure to meet a legal work requirement, your employer can write you up, terminate you and/or change your future pay rate or hours.

4 Answers | Asked in Employment Discrimination for California on
Q: I believe I have a discrimination case against my prior employer of 11 years. In the time I worked for them I was

continually praised for my work by all of the personal. Last Aug I was laid of due to Covid-19. I wasnt called back when things opened up, and I have learned that a man had been hired to do my job and has been doing it since I was laid off. Do I have a case?

Brad S Kane
Brad S Kane answered on Aug 11, 2021

Under SB 93, employees who lost their position due to COVID related circumstances have a right of recall, including notice their employer is hiring for the same or similar position that they previously held. Below is a excerpt from a description of the law by an employer side law firm:

The...
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2 Answers | Asked in Employment Law and Landlord - Tenant for California on
Q: Workplace has became unsanitary out of our control, foreseeable closure until fixed. Wages owed?

Non-exempt, food service worker. I work in a cafe, where food and drinks are served to our customers, hosted on the first/ground floor of a mall. Recently, there was a leakage that started leaking from the second floor to our store, contaminating our food. Our manager still wants us to open in... Read more »

Brad S Kane
Brad S Kane answered on Aug 9, 2021

If your work closes unexpectedly, you are entitled to reporting time pay for the day equal to 1/2 your scheduled shirt. Otherwise, you are not entitled to pay from your employer during the shutdown, unless you have accrued vacation that you can use. Finally, you can and should apply for... Read more »

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4 Answers | Asked in Employment Law for California on
Q: I wanted to know if I have a case against my employer

Hi, I have a work situation. I work under a job agency and they found me employment working for a Cherokee Nation project. I was told if I worked in a certain area at that job that I would be paid time and a half. So I volunteered to work in that specified unit. When I tried entering my hours... Read more »

Brad S Kane
Brad S Kane answered on Aug 6, 2021

Unfortunately, native tribes have a form of "sovereign immunity", like states and the federal government. As a result, courts have held that many laws of general application, like the Federal Labor Standards Act, do not apply to them unless the tribe has expressly waived of their... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Can I be paid my annual bonus and retroactive pay if I resign before it can be paid out?

At my company, we receive a bonus each year if we meet revenue and customer service goals. I have been with this company for a little over five years. Our latest bonus is going to be paid out soon, which measured progress from July 1st 2020-July 1 2021. Bonuses and retroactive raises should be paid... Read more »

Brad S Kane
Brad S Kane answered on Aug 4, 2021

Whether you would still be entitled to the bonus is determined by the language of your employment agreement and whether you have completed all things required to earn the bonus. Often employers require employees to be still employed at the time the bonus is issued, but it depends on the language of... Read more »

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1 Answer | Asked in Employment Law for Washington on
Q: How may I get a free affidavit form
Brad S Kane
Brad S Kane answered on Aug 3, 2021

Try Googling Washington State Free Affidavit Form

You can go to the link below and copy the information, which is for a free self-proving affidavit for a last will and testament

https://freeaffidavitform.com/2011/05/free-washington-affidavit-forms.html

There is no guarantee...
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2 Answers | Asked in Employment Law for California on
Q: To be clear, a hostile work environment, wrongful termination, harassment, and/or retaliation are NOT illegal ?

Are not illegal if an employee is not in a protected class; Not right, but not illegal, correct?

Brad S Kane
Brad S Kane answered on Jul 30, 2021

A hostile work environment, wrongful termination, harassment, and/or retaliation are illegal, when motivated by hostility to: (i) a protected class; or (ii) the employee opposing illegal conduct or exercising legally protected rights - such as taking a protected medical leave or asking about their... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I was terminated a few days after receiving an email from my employer showing his concern that I was going to sue them

Is it legal to fire someone when there is documentation that employer is concerned the employee will sue because of his abusive outburst and name calling? 6+ years with annual raises/bonuses, including a month prior to being fired. I was told ‘It just isn’t working out.’

Brad S Kane
Brad S Kane answered on Jul 30, 2021

Being a bad boss is not illegal. However, you may have legal protection if the name calling and outburst was motivated by your membership in or association with a protected class such as race, religion, gender, sexual orientation, military service, pregnancy, disability, etc. or opposing illegal... Read more »

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Q: I was fired on my birthday, during my third week of employment. Possible hostile work environment. Where do I start?

I was referred to as "Lawrence Olivier" by my boss. He was famous for blackface.

I am black.

Other jokes about green cards were made...I applied for a job as assistant manager. They made me a receptionist instead, saying if I proved myself I could become an assistant.... Read more »

Brad S Kane
Brad S Kane answered on Aug 4, 2021

You may have claims for racial discrimination and short term disability discrimination under FEHA. You should consult with an employment attorney most provide free consultations.

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2 Answers | Asked in Employment Law for California on
Q: Non employees

The owner of the motel I work at refuses to hire real employees instead he finds homeless people who will work and jump when he says to stay in room for free they have no I.d filled out no paperwork and expect the real employees to train and work with them and give them keys and let them in... Read more »

Brad S Kane
Brad S Kane answered on Jul 18, 2021

Your employer can fire you if you refuse to train the other employees, even if they are not on the books. You can report your employer to the Labor Commissioner for the illegal employment practices. While your employer cannot legally retaliate against you for making the report, you will need to be... Read more »

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Job title changed now we are trying to force me to change back

I work for a motel in California I was hired at the house I got promoted the front desk and now because the owner doesn’t want to hire a new housekeeper and wants to get someone in front desk off the books he’s trying to force me to do housekeeping again and I don’t want to is that legal?

Brad S Kane
Brad S Kane answered on Jul 18, 2021

Assuming you are an at will employee, your employer can change your job duties at anytime on a going forward basis. Hiring an "off the books" employee is illegal and may give that employee may claims for labor code violations against the owner.

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2 Answers | Asked in Employment Law for California on
Q: Is HR able to make me work 12 hours without a second lunch if there isn't coverage for it at a retail location in CA

I worked 12 hours at a certain large auto parts retailer due to people calling out. It ended up being just me, manager, and another coworker, another manager, working for the last 6 hours of the stores operation. I skipped lunch because I didn't want to leave my coworker by themselves. I asked... Read more »

Brad S Kane
Brad S Kane answered on Jul 16, 2021

Your employer can require you to work during your meal break, but if you are an hourly/nonexempt employee the employer must pay you one hour of premium pay.

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2 Answers | Asked in Employment Law for California on
Q: Can an employer require you to sign a retroactive arbitration agreement?

Employer recently changed 90% of "exempt" staff who did not meet the wage requirements to hourly because of a pending lawsuit by a former employee and is now amending the handbook with an arbitration agreement. Will the agreement cover retroactively even though they were in violation of... Read more »

Brad S Kane
Brad S Kane answered on Jul 7, 2021

Yes. If you sign the arbitration agreement, then it will probably cover all disputes between you and your employer, except for Private Attorney General Act claims.

If you refuse to sign the arbitration agreement, your employer can terminate your employment.

Finally, some arbitration...
Read more »

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