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Questions Answered by Brad S Kane
3 Answers | Asked in Employment Law for California on
Q: i work for a job that pays revenue per hour can my employer make me wait hours until a customer is ready?

employer also gives us option to take a 2nd lunch

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

Your employer is required to pay you at least minimum wage for all hours worked, even if you are waiting for customers.

Your employer giving you an option to take an additional unpaid meal break is not illegal.

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5 Answers | Asked in Car Accidents and Employment Law for California on
Q: If I was driving commercial vehicle for my employer and had a accident now the person who I ran into supena me 5 years l

Later and the employer claims they had no insurance at the time accident who pays the damages

Brad S Kane
Brad S Kane
answered on Mar 13, 2023

The employer is responsible for any damages that you accidentally cause during the course and scope of your work, whether or not the employer has insurance.

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3 Answers | Asked in Employment Law for California on
Q: My manager is telling other employees a false reason why I am leaving is this okay?
Brad S Kane
Brad S Kane
answered on Mar 13, 2023

If the information is false and defamatory, you can sue your former employer in court. However, the process will be expensive and attorney's fees are probably not going to be recoverable.

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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 and Employment Discrimination for Washington on
Q: I want to file a protection order against a coworker because of continued harassment. How do I do that in WA state?

The non-sexual harassment started on January 4th of 2023. I have filed two Ethics complaints against this employee. My company has not deterred the employee from continuing his behavior besides "The manager has talked with the employee." Can I file an "Order of Protection" or... View More

Brad S Kane
Brad S Kane
answered on Mar 7, 2023

You can file for a civil anti-harassment restraining order.

For instructions go to:

https://www.womenslaw.org/laws/wa/restraining-orders/civil-anti-harassment-orders/basic-information

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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Q: If an independent operator, not employer, are trying to get us to sign an arbitration as a condition of his employment

Do we have to sign? This independent operator is claiming to work for my sons employer and be the owners of the establishments. They are not. So do we have to sign it as a condition of his employment when it’s not even for the employer?

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

Both an employer and an independent operator can legally a require an employee or independent contractor to sign an arbitration agreement.

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Q: My sons employer wont let him work now that we refuse to sign a second arbitration is this possibly a contingency case?

They said they don’t have the first and the first one they had us sign was either only the second page or different. The first manager didn’t like the fact that the second gave my son a copy of it to take home. That’s when we saw the first page with all of the actual information on it. In a... View More

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

Under California law, it is legal to require an employee to sign arbitration agreement(s) and even terminate them for failing to do so.

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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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1 Answer | Asked in Civil Rights and Employment Discrimination for Washington on
Q: Is it legal for my manager to write me up for fire me for having a chronic illness.

I have a chronic illness that prevents me from going to work some days,my manager wrote me up for attendance issues.

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

Much more would need to be known including what are your doctor's restrictions, what efforts were made to have an interactive process to seek reasonable accommodations and why the employer cannot accommodate you.

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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3 Answers | Asked in Education Law and Sexual Harassment for California on
Q: Are teachers legally required to use student's preferred pronouns/name in a public high school?

I go to a high school in Carlsbad, CA. I want to identify as something else, but I don't want to be discriminated against for it. If I tell my teachers that I identify as something, and I want to be addressed by a different name, are my teachers legally required to use those preferred pronouns... View More

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

You might want to search the school website or speak to the local gay-straight alliance about what the school district's policy on pronouns.

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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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