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Questions Answered by Brad S Kane
3 Answers | Asked in Employment Law for California on
Q: Can my employer not pay me because she assumes I had possession of drugs during a shift

I trained and worked somewhere for 2 days on my 3rd day I was told not to come in and then basically ghosted without pay. I reached out twice before a few texts saying she wanted to Address the drugs she found in a gum packet in “my” apron (there was a wall with a few hooks and unassigned... View More

Brad S Kane
Brad S Kane
answered on Jul 22, 2023

Your employer must pay you for all time worked, whether or not you were using drugs on the premises. Further, the employer probably owes you 30 days pay as waiting time penalties for failure to pay upon termination.

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4 Answers | Asked in Employment Law, Real Estate Law and Landlord - Tenant for California on
Q: I have stayed "rent free" camping next to a vacant office bldg as 'caretaker' but not paid 5yrs. What rights do I have?

I have not been provided access to utilities (water, electricity, sewer). The landlord has tried to make sure I am 'not considered a tenant' by allowing me to put utilities in my name, use as a mailing address, et cetera. He asks/requires me to be security / caretaker and I have to do... View More

Brad S Kane
Brad S Kane
answered on Jul 22, 2023

If you are performing work for the owner of the building, you are likely an employee entitled to minimum wage for all work performed. Your employer can only get a limited credit for providing "lodging", though it sounds like the situation would not qualify as lodging provided by the... View More

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2 Answers | Asked in Employment Law, Personal Injury and Civil Litigation for Washington on
Q: if your employer searches your cell phone illegally, what kind of lawyer should i retain?
Brad S Kane
Brad S Kane
answered on Jul 16, 2023

Without knowing more about how the search took place, whether it was the employer's phone or your phone and what harm you suffered, you should start with an employment lawyer.

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3 Answers | Asked in Employment Law for California on
Q: Is it legal for my manager to not let employees receive tips until they have worked a certain number of shifts?

I work at Nekter and my manager does not let employees begin to keep the credit card tips that they eartn until after their 7-8th shift. After that, we can start to earn them. However, instead of receiving them with my paycheck every 2 weeks, she gives them to us in cash at the end of each month.... View More

Brad S Kane
Brad S Kane
answered on Jul 14, 2023

Tips are the employees' property. An employer can keep them until you work a certain number of shifts.

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4 Answers | Asked in Employment Law for California on
Q: My employer laid everyone off during Covid despite getting PPP funds. All told we would be called back. Never called
Brad S Kane
Brad S Kane
answered on Jul 5, 2023

You can report suspect PPP loan fraud to:

https://www.sba.gov/partners/contracting-officials/contract-administration/report-fraud-waste-abuse

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1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Alaska on
Q: Do companies have a legal obligation to protect customers from sexual harassment by the company’s employees?

I'm a client which I've been working with a contracting company. One of female managers won't stop flirting with me. She's married too. The manager likes to share their past and current sexual experiences. Do companies have a legal obligation to protect customers from sexual... View More

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

Sometimes. For good discussion of the issues go to:

https://www.employmentlawworldview.com/the-customer-may-not-always-be-right-when-it-comes-to-sexual-harassment-us/

2 Answers | Asked in Employment Law for California on
Q: Rude supervisor

My supervisor always talks to me heavy, offensive emails.

is it harassment?

Should I report to HR or employer?

If they ignore me, what should I do?

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

For it to be illegal harassment, it has to be motivated by hostility toward your membership in a protected class such as race, religion, national origin, gender, gender expression, pregnancy, military service, disability, etc. or opposing illegal conduct.

However, your employer's...
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2 Answers | Asked in Employment Law for California on
Q: Can my employer force me to sign an indemnification contract that bars me from any recourse if I am injured on the job?

Contract appears to only benefit the employer, in perpetuity, against legal claims due to my possible injuries. (To work PT in a summer camp.)

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

Such a waiver is likely void as against public policy.

Work related personal injury claims against employer are governed by Workers Compensation rules, which should not permit such waivers without Worker's Compensation Appeals Board approvals.

Similarly, other claims like...
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3 Answers | Asked in Employment Law for California on
Q: Can a California employer require an employee, who is a minor, to pay for a mandatory job training class?

Work hours do not exceed 4 hrs per day, and 30 hrs per week.

Brad S Kane
Brad S Kane
answered on Jun 6, 2023

No. A California employer cannot require the employee to pay the employer for mandatory training.

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4 Answers | Asked in Employment Law for California on
Q: Can I sue my previous employer?

I worked for a day before I left for other ventures and he has not paid me. It has been a couple months now and I let him know to mail it to me. I have not received anything yet, he told me to pick it up in the office but I told him I would not be able to because I work and my schedule would not... View More

Brad S Kane
Brad S Kane
answered on Jun 5, 2023

Yes. Pursuant to Labor Code 202(a), "Notwithstanding any other law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for... View More

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Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?

I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... View More

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

As someone who has handled these types of cases, you are probably owed a lot more than $50K if you were working 24/7, since August 2021 through May 2022. Under Wage Order 5 and the Domestic Worker's Bill of Rights, you should receive overtime after 10 hours per day, plus there are strict... View More

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... View More

Brad S Kane
Brad S Kane
answered on May 29, 2023

First, you should speak with your lawyers about your concerns. Good mediators often have limited availability and coordinating multiple counsels schedules can result in significant delays.

Second, and more important, you mention that this is a seven figure class action. As a class...
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3 Answers | Asked in Criminal Law, Landlord - Tenant and Sexual Harassment for California on
Q: For sexual harassment case, if the incidents occurred two years ago, is that still okay to sue the offender?
Brad S Kane
Brad S Kane
answered on May 26, 2023

Yes. In California, you can file an administrative claim and obtain a right to sue letter within 3 years of the last act of sexual harassment, then you have 1 year to file a civil lawsuit.

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1 Answer | Asked in Employment Law for Washington on
Q: If I am terminated from my employment for violating a work policy, am I allowed to request a copy of that policy?

My separation of employment states I violated a work policy that i have never seen of heard of or been trained on in the seven years I worked for the company.

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

You can absolutely ask for a copy of the policy. You have a right to review the contents of your personnel file under RCW 49.12.240.

RCW 49.12.240 and 49.12.250 do not apply to the records of an employee relating to the investigation of a possible criminal offense. RCW 49.12.240 and...
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2 Answers | Asked in Employment Law for Washington on
Q: Am I allowed to request a copy of my verbal statement given to my HR rep if it was used as a reason for termination?

I gave a verbal statement to my HR rep of an incident that occurred over the course of 10 days at my place of employment, advised the notes the HR rep typed up would be sent to me for review and signature. I was then fired for not mentioning a part of the incident during my verbal recollection of... View More

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

You are free to request the employer's notes from your statement, but the employer is not obligated to give it to you, unless you file a lawsuit.

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4 Answers | Asked in Employment Law for California on
Q: Would the fact I'm 60 yrs old and quit a job I love with good pay to being unemployed,show believability of toxic wplce?

I have documentation of the bullying boss .written proof of going to hr .requested but denied a transfer..I quit because of it ..why else would I put myself in a position of unemployed at my age trying to get unemployment that pays half of what I earned...?would these truths help the believability... View More

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

A toxic workplace is not necessarily illegal. To have a claim for constructive wrongful termination, your supervisor's actions must be motivated by a hostility toward a protected class, such as age over 40, race, religion, gender, gender expression, sexual orientation, military service,... View More

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3 Answers | Asked in Employment Law for California on
Q: What are the rules around in-kind payment in California -- Los Angeles, specifically?

I live in a building in which the part-time front desk staff are paid in-kind in rent credits at local minimum wage per hour worked. This arrangement has been in place since before I moved in 14 years ago. Our new management company says it's illegal, but the owner has lawyers who would... View More

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

Read section 10 of the appropriate wage order. Order No. 5-2001 covers public house keeping -

10. Meals and Lodging

(A)"Meal" means an adequate, well-balanced serving of a variety of wholesome, nutritious foods.

(B)"Lodging" means living accommodations...
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3 Answers | Asked in Employment Law for California on
Q: Can an employer take disciplinary action up to termination for “creating a hostile work environment” by talking wages?

I know employees are federally protected to talk about wages amongst each other however my employer is saying that by talking about wages in the work place it creates a “hostile toxic work environment”. therefore they can discipline us up to termination for that “hostile” environment... View More

Brad S Kane
Brad S Kane
answered on May 12, 2023

You have a legal right to discuss wages in the workplace. Your employer cannot discipline you for creating a hostile work environment by discussing your wages.

Employers cannot prohibit employees from discussing or disclosing their wages, or for refusing to agree not to disclose their wages...
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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Who do I file a formal complaint with regarding my employer retaliating against me for going on medical leave?

My performance evaluation was rated low and she made statements to other people that I have gone on medical several times and I need to retire… also told others that they should remind me that they helped cover during my absence and that I owe them..

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

You can file a complaint with the California Department of Fair Employment and Housing or you can have a lawyer assist you and look at whether you are subject to disability/age discrimination.

Most employment lawyers provide free consultations.

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3 Answers | Asked in Employment Law for California on
Q: Can I still file suit against my employer past the statues of limitations if wage theft resulted in me being homeless

In 2019 My previous employer failed to pay wages earned for three months which resulted in homelessness for 2 years?

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

You have 4 years to file a claim in Court for unpaid wages under the unfair business practices act. In addition, there was 180 days of tolling of statutes of limitations in 2020 due to the Pandemic.

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