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Questions Answered by Brad S Kane
1 Answer | Asked in Employment Law for Washington on
Q: I’m in Washington State and my employer says no one is allowed to discuss wages, is that legal?

I work in a senior living facility and I recently learned I was being paid a significant amount less than the other receptionists. I discussed my pay with my boss and she did give me a raise, but made it clear I am not allowed to discuss pay with other employees. She said it is a written rule in... View More

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

According to the Department of Labor and Industries,

Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Wage non-disclosure agreements for employees are prohibited....
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2 Answers | Asked in Employment Law for California on
Q: Confusion regarding CA 24 sick pay

My employer claims that they do not need to renew the 24 hr sick pay yearly because we accrue PTO....Yet we need to use PTO (our vacation time) when we get sick. Is this correct?

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

The Healthy Family Act provides that an employer who chooses to have a Paid Time Off (PTO) policy instead of a sick time policy complies with the Act as long as the PTO policy satisfies all of the Act’s requirements with respect to eligibility, accrual, usage, notice, recordkeeping, etc.

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3 Answers | Asked in Employment Law for California on
Q: Does Alameda, County, Employer: Berkeley Fire Dept. have to provide final wages upon termination or are they exempt?

Termination was the day before a regular paycheck (for 2 weeks pay). Berkeley FD states they wont pay ANY wages until the following month, they even canceled a normal paycheck thus delaying wages over one month because they are exempt from paying final wages at termination because they are a city.

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

I agree with Mr. Pederson and respectfully disagree with Mr. Arrasmith.

California law also regulates the payment of wages upon an employee’s separation of employment. Under Labor Code section 201, an employer must pay an employee all wages due to the employee at the time the employer...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I worked for an employer for 3 months and got a $13,000 collection from them for training reimbursement what can I do?

I worked for an employer in March of 2021. I experienced a hostile work environment from management cursing at us all day and threatening our jobs. I left the company 4 months later and received a collection of 13,000 on my credit report. Upon hire, as part of the new hire paper work, they... View More

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

The employer's demand for "reimbursement" for the full cost of training never received sounds like an unfair debt collection practice. Further, if the employer is a large company, such illegal practices may merit a class action.

Employers in California cannot recoup the cost...
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2 Answers | Asked in Employment Law for California on
Q: Can management threaten write-ups regarding uniform while letting their 'favorite' employees slide daily?

2 of us wear our uniform properly and 3 don't. The 2 of us if one thing is out of place we hear it for days. Yet the other 3 dont button their vest, will wear a hat while working, sleeves rolled up. We were told the 2 of us had to be rolled down sleeves our because of our tattoos, but for the... View More

Brad S Kane
Brad S Kane
answered on Mar 8, 2023

If the two employees are being treated differently based on their membership in a protected class such as race, religion, gender, gender expression, sexual orientation, military service, disability, pregnancy or opposing illegal conduct, then the difference in treatment could be illegal.... View More

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: What can I do about the racial slurs said and allowed by my employer?

During the holidays my boss thought it was funny to refer to my Menorah as "manure". Even after I told him how rude and disrespectful that was. He began telling our guests how funny he was. And still if my religion is brought up he brings up his "funny story".

He has... View More

Brad S Kane
Brad S Kane
answered on Mar 8, 2023

You should consider reporting in writing the racial and religious slurs in the workplace to human resources, senior management and/or the owner of the business. You should keep written records of each incident. To have a legal claim, this type of harassment must be severe or pervasive.

Be...
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3 Answers | Asked in Employment Law for California on
Q: What can we do about our boss pressuring us to work off clock and being his personal taxi?

My boss pressures us to work off the clock. He'll tell us to clock out and then tell us we need to do this and that. Sometimes, it's 5 minutes other times it's over an hour. And if we are on the clock beyond the time he told us to clock out, He gets pissy and will 'adjust'... View More

Brad S Kane
Brad S Kane
answered on Mar 8, 2023

Your employer is required to pay employees for all time worked. Your employer appears to also be illegally retaliating against employees for asking to be paid for their work. There are multiple penalties that apply. You should consult an employment lawyer. Most provide free consultations.

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1 Answer | Asked in Employment Law for Washington on
Q: I was put on "salary" can I charge over time?

I was working 84hrs a week 7weeks straight no days off, I was told 2500 manage office, then I ended up doing full housekeeping n laundry service too. can I charge over time and for different dutties? And he wants charge me rent now. And keeps changing my pay for those 7 weeks.

Brad S Kane
Brad S Kane
answered on Mar 3, 2023

In Washington state, the 2023 minimum salary for exempt employees working for small employers (1-50 employees) is 1.75 times the minimum wage. That means an employee exempt from overtime pay must earn at least $1,101.80 a week ($57,293.60 a year).

For large employers (51 or more employees),...
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4 Answers | Asked in Employment Law for California on
Q: I currently work a sales job for an employer who uses unethical illegal tactics to close sales

My employer uses unethical practices to close sales and I am threatened to get sent home if I don’t do these practices along side with them. Unethical practices include: using fake socials to create accounts, adding things to accounts without customer’s consent and more. I am scolded for not... View More

Brad S Kane
Brad S Kane
answered on Mar 1, 2023

You have potential whistleblower protection from retaliation, if you report the illegal activities to management, such as adding items to a customer's transaction without their knowledge or consent.

You should speak with an employment lawyer about documenting your concerns in writing...
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2 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Washington on
Q: What If I work for a medical facility and find that other employees are committing malpractice and doing illegal things?

If the company that hires me are negligent in their training programs and do not train staff properly, and I notice other employees committing crimes and doing things against policy and procedures, is there legal action I can take against them?

Brad S Kane
Brad S Kane
answered on Feb 28, 2023

You can file a complaint with the appropriate regulatory agency or notify your employer of the activities that you believe in good faith to be illegal. If you do so, your employer is legally prohibited from retaliating against you for whistleblowing.

At the same, you would be wise to seek...
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3 Answers | Asked in Arbitration / Mediation Law, Employment Discrimination and Employment Law for California on
Q: My sons work tricked us into signing an arbitration that it only let us see the second page to, then they lost it

After they lost the first, the other manager gave my son both sheets to take home. That’s when I fully saw what it was and had a huge problem with signing it. The first manager was upset that the second let us take home a legal document, even though on the first page that we didn’t get the... View More

Brad S Kane
Brad S Kane
answered on Feb 27, 2023

First, the employer has the right to suspend or even fire your son for refusing to sign the arbitration agreement.

Second, Labor Code § 432 requires an employer to give to an employee any document relating to the obtaining or holding employment signed by the employee whenever requested by...
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2 Answers | Asked in Contracts and Employment Law for California on
Q: I'm paid as an instructor at a 501(c)3 Maker Space. I want to also volunteer to do equipment checkouts. Is this possible

I'm paid to teach Basic Operation and Safety classes for certain equipment (2-3 hour classes).

I want to also volunteer to do checkouts (brief ~15-30 minute verifications that a member doesn't need the class and already has the requisite knowledge and skills to use the equipment... View More

Brad S Kane
Brad S Kane
answered on Feb 24, 2023

Employers must pay for all hours worked. The law is designed to protect employees for bad employers who demand off the clock work.

According to the Division of Labor Standards Enforcement,

The DLSE took the position that “the intent of the parties is the controlling factor. If...
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2 Answers | Asked in Employment Law for California on
Q: I work for a company under an “at-will” employment agreement.

I am planning on resigning and giving 2 weeks notice. However, I would like to make my final 2 weeks contingent on getting paid a retention bonus. If my employer rejects the offer, my plan is to resign effective immediately. Are there any potential legal ramifications if I make this kind of... View More

Brad S Kane
Brad S Kane
answered on Feb 21, 2023

I suspect most employers would be offended that you are asking for a "retention bonus" in order to provide your two week notice and let you go immediately. Further, many employers have a policy that they will not rehire employees that fail to give to week notice. On the other hand, some... View More

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1 Answer | Asked in Employment Law for Washington on
Q: My former employer payed us with personal checks, upon my request for my hours, pto, why so much was taken out,no w2

A coworker said that we shouldn't even file taxes because the company sank, that shouldn't have mattered considering hebwas allegedly withholding portions of my check for taxes

Brad S Kane
Brad S Kane
answered on Feb 20, 2023

Sounds like you were not getting paystubs showing the deductions. You should report your former employer to the IRS and the Washington Department of Labor and Industries, who may just be keeping your money. You are entitled to credit from the withholding for future social security benefits,... View More

3 Answers | Asked in Employment Law for California on
Q: In California do I get paid overtime for any hours over 8 hours a day regardless of weekly hours?

If I work 10 hours a day one day but not over 40 hours in a week do I get paid overtime? And if I woke 10 hours a day and also over 40 hours a week do I get paid overtime each day and for the week or is it one or the other?

Ex: if I work 10 hours a day 5 days a week, how many hours overtime... View More

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

Generally speaking, if you are a non-exempt employee, i.e. you are paid hourly, you are entitled to overtime if you work over 8 hours a day, even if you do not work over 40 hours per week.

If you work 5 days at 10 hours per day, then you are owed 10 hours of overtime pay.

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2 Answers | Asked in Employment Law for California on
Q: Can my employer use banker’s rounding to round my pay down by the cent even though I’m hourly?

I get paid $17.95 an hour and I get paid bi-weekly. My employer uses banker’s rounding to round my weekly pay down by 1 cent so my bi-weekly pay looks off by 1 cent.

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

No. Any rounding must be neutral. You can file a complaint with the Labor Commissioner, since you are talking about 1 penny per pay period.

However, after you leave that job, then employer is liable for waiting time penalties of 1 day's pay for each day late up to a max of 30 days....
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3 Answers | Asked in Employment Law for California on
Q: My employer has been taking $10 off of every paycheck I've received in the last 6 years for a "free wellness center" x?

My employer says we have a "free wellness center" for all employees, but takes $10 from every paycheck I've received for the last 6 years. Is this legal? Ive never used this "free wellness center" so why do I have to pay for something I don't use? I never signed... View More

Brad S Kane
Brad S Kane
answered on Feb 3, 2023

An employer may not make deductions from your paycheck unless authorized by law or authorized by you in writing. Thus, you likely have a claim for the illegal deductions and late payment penalties of 1 day's pay for each day late up to a max of 30 days' pay. You can seek to recover the... View More

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3 Answers | Asked in Contracts and Employment Law for California on
Q: Contract states that I have to pay back relocation if I "leave" within 12 months. Does this apply to getting fired?

This is the sentence referring to my relocation fee is this:

"You will receive a $***** relocation bonus. In the event that you leave <Company> within 12 months of your hire date, you will be responsible for reimbursing the company for the entire bonus."

The... View More

Brad S Kane
Brad S Kane
answered on Jan 31, 2023

In order to answer your question, the contract needs to be read as a whole in the context of the parties' communications and understanding. It also makes a difference if the contract was presented - take it or leave it by the employer or if you were allowed to make revisions. Your best option... View More

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2 Answers | Asked in Employment Law for California on
Q: Am I entitled to California final paycheck waiting period penalties?

Last day of work was May 23 . We are paid twice a month, but my last day of work didn't fall exactly on the pay period date. A month later I realize that I only got paid my regular bimonthly pay and not for the extra 3 days. I reach out to someone in payroll around Jun 25th and they said... View More

Brad S Kane
Brad S Kane
answered on Jan 19, 2023

If you work for a private employer, you should be entitled to the max of 30 day's waiting time penalties. The employer at a duty to pay you all compensation earned within with 24 hours of termination and 72 hours of resignation. The employer also owes you 3 additional pays pay. The relative... View More

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4 Answers | Asked in Personal Injury, Intellectual Property, Internet Law and Sexual Harassment for California on
Q: This guy I went on a couple of dates with hacked my phone and is sending me photos and screenshots of my conversations

Apparently he downloaded a Pegasus spyware software onto my phone. And now has access to ALL of my data and information. This is such a breach of privacy. I barely know this creep! What can I do?

Brad S Kane
Brad S Kane
answered on Jan 3, 2023

First, there are multiple online tutorials for removing the spyware. If that does not work seek help from a professional IT service.

Second, you can seek a restraining order against the person for harassment.

Third, you can sue them for invasion of privacy.

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