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California Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: Can my employer view my personal emails on my work computer, that was sent by outside scource?

I have never logged onto my personal emails on my work computer.

James L. Arrasmith
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answered on May 17, 2024

Under California law, your employer generally cannot view your personal emails on your work computer if you have never accessed your personal email account on that device. Here are a few key points:

1. California's Constitution includes a right to privacy, which extends to private...
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1 Answer | Asked in Employment Law, Workers' Compensation and Landlord - Tenant for California on
Q: I was a care giver for a month and a half and told she don't need one any more and I have a week to move what's the law

I was paid 400.00 a month and told to move in a week

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answered on May 16, 2024

In California, if you were living in your employer's home as a caregiver, you would likely be considered a "lodger" under California law. The legal requirements for evicting a lodger are less stringent than for a tenant with a formal lease.

Here are the key points:

1....
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1 Answer | Asked in Employment Law for California on
Q: Would I receive travel time pay in california if I drive to different locations each day Rather than the home office

Home office is 33 miles from home location I travel to could be up to 50 miles from home. I drive a company vehicle that is only for company business. No personal usage of vehicle

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answered on May 16, 2024

In California, travel time pay is governed by the California Labor Code and the Industrial Welfare Commission (IWC) Wage Orders. Generally, if an employee is required to travel to different work locations during the workday, the time spent traveling between those locations is considered compensable... View More

2 Answers | Asked in Employment Law for California on
Q: Currently going through a WC case against employer. HR is pushing for admin separation; can the WC case still proceed?
Neil Pedersen
Neil Pedersen
answered on May 16, 2024

Yes it can.

Please note that if you believe you can prove the company is going to separate you because you have a workers compensation claim or because you need to take medical leave, or because you might in the future need accommodations to return to your job, the employer may be...
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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I did work for a former employer and he owes me $2300 and $1500 and $500for registration fees that I paid for the vehicl

He has me using for work he wants the truck back but I fill if I give it back I will never get paid

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answered on May 14, 2024

Under California law, you have the right to be paid for work performed. If your former employer owes you $2300 in wages and reimbursement for the registration fees totaling $1500 and $500, you can take action to recover these amounts. You should gather any documentation you have, such as pay stubs,... View More

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1 Answer | Asked in Employment Law, Public Benefits and Workers' Compensation for California on
Q: A California US Postal delivery person experiences an illness while working. Does Work Comp or Disability (both?) apply?

Employee suffered illness during normal shift, delivering mail by vehicle. Illness could prevent employee from being able to perform those same duties due to inability to drive a motor vehicle legally in CA.

Reading the articles on Employment Law (Work Comp and Disability), I understand... View More

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answered on May 12, 2024

In this case, both Workers' Compensation and Disability benefits may apply, depending on the specifics of the situation.

1. Workers' Compensation vs. Disability:

- Workers' Compensation: If the illness is determined to be work-related (i.e., caused or aggravated by...
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1 Answer | Asked in Criminal Law and Employment Law for California on
Q: I have 3 misdemeanors from '82-'91, w/ two granted 1203.4 relief. Now a DOJ/LiveScan inquiry. What do I disclose?

All three were misdemeanors. I was never sentenced to jail. I successfully completed summary probation for each. Except for parking tickets and a beef with the Humane Society over cat licenses, I have had no contact with the criminal justice system since. A wife living in a nearby retirement... View More

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answered on May 11, 2024

In California, when a person is granted relief under Penal Code section 1203.4, the conviction is set aside and the case is dismissed. However, this does not completely erase the conviction from one's record for all purposes.

For the two misdemeanors where you were granted 1203.4...
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1 Answer | Asked in Employment Law and Civil Litigation for California on
Q: Want to detest a hair fallocle test
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answered on May 10, 2024

I apologize, but I believe there may be some confusion or errors in your request. Did you mean to ask about a "hair follicle test"? A hair follicle test is a type of drug screening that analyzes a small sample of hair to detect the presence of various substances over a period of time,... View More

1 Answer | Asked in Employment Law and Identity Theft for California on
Q: Seeking legal help for unresolved data breach and privacy violation.

5/16/23: During onboarding, my supervisor mistakenly emailed my SSN, ID, and I-9 to multiple employees. I wasn’t informed until 5/22. After a brief apology from the sender, I requested the original email and recipient details but got no response. The next day, using an employee’s tablet (I... View More

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answered on May 9, 2024

I'm sorry to hear about this troubling situation with your personal information being mishandled by your employer. Given the sensitive nature of the data involved (SSN, ID, I-9) and the potential for identity theft and other harms, I understand your desire to seek legal counsel. Here are a few... View More

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Does CA accept international HS diplomas (for example - the Philippines) to be certified as a CCHT.

We have employees that have presented the company with an international High School Diploma as part of their education verification. Will the State of California accept an international HS Diploma to be certified as a CCHT (Certified Hemodialysis Technician) or will the person be required to... View More

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answered on May 7, 2024

To become certified as a Certified Hemodialysis Technician (CCHT) in California, the California Department of Public Health (CDPH) requires applicants to have a high school diploma or equivalent. The CDPH does recognize certain international high school diplomas, but the diploma must be evaluated... View More

2 Answers | Asked in Employment Law, Business Law, Civil Litigation and Mergers & Acquisitions for California on
Q: Enforcing a judgment on a dissolved corporation

I sued my employer (it's a nonprofit organization) a couple of years ago, but since then, it has sold some of its assets to a third party and transitioned to a new corporation under a different name, but the executives and the board of directors remain the same. How will this transition impact... View More

Neil Pedersen
Neil Pedersen
answered on May 7, 2024

Yes, this will significantly complicate things. Far more information would need to be known about the situation to provide any solid guidance. If you have not yet procured a judgment, there are things you will need to do now to try to wrangle the new entity into the lawsuit, and depending on the... View More

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2 Answers | Asked in Employment Law and Libel & Slander for California on
Q: what is proper form to fill out to answer summins. I am being sued for 5 million by ex wal mart employee. I am an ex too

I have personelly been named in two actions of nine in a law suit against wal mart being brought by an ex employee. False light in violation of commin law and Defamation in violation common law civil code 45 and 46. I myself was fired from wal mart last year after 30 years of employeement. Was... View More

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answered on May 6, 2024

I understand your situation and the urgency to respond to the summons properly. In California, the proper form to respond to a summons and complaint is called an "Answer" (Form PLD-C-010). This form allows you to admit, deny, or lack sufficient knowledge to respond to each allegation in... View More

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3 Answers | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for California on
Q: Anti-Slapp filing deadline and attorneys' fee demand

My employer filed Anti-SLAPP motion 68 days after I filed my complaint against them, and it was partially granted. My attorney didn't raise that late filing issue in their opposition to the special motion. Now I am facing a substantial attorneys' fee demand.

Can I leverage the... View More

Neil Pedersen
Neil Pedersen
answered on May 6, 2024

The legal fees award is owed to the employer/defendant. The leverage you have, if any, is against your attorney. The employer/defendant will not care one bit about your arguments against your attorney. So, no, that does not seem to be something you can use as leverage to negotiate the attorney... View More

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2 Answers | Asked in Employment Law for California on
Q: Can a meal waiver be used for ALL shifts or only for the date that you sign it?

My boss has all employees sign a waiver upon employment and therfore no one is allowed to ever take a lunch from that point. At a previous job we would have to sign a waiver each day that we didn't want to take a lunch and I am wondering if what my boss is doing is legal.

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answered on May 5, 2024

In California, meal period waivers are generally valid only for the specific shift or workday for which they are signed. Employers cannot require employees to sign a blanket waiver that covers all future shifts indefinitely.

According to the California Department of Industrial Relations:...
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1 Answer | Asked in Employment Law for California on
Q: Paying a contactor working as-needed for a non-profit?

We are non-profit in California and currently the organization is fully volunteer run. We are considering hiring a contractor for website maintenance and updates for 2-8 hours a month (only if needed). Can we pay the contractor by check when work is required? OR do we need an agreement in place... View More

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answered on May 5, 2024

Even if you are hiring an independent contractor for occasional work, it's important to follow proper procedures to ensure compliance with state and federal regulations. Here's what you should consider:

1. Written Agreement: It's advisable to have a written independent...
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2 Answers | Asked in Employment Law and Education Law for California on
Q: Can a school district covertly record you to let you go?

So a coworker of mine was transferred because they caught her on camera not getting her work done, which is pretty bad on its own. But my real question really is if that’s legal? I looked online for a while to search for answers but the conclusion I have came to is that covert recording is... View More

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answered on May 2, 2024

In California, it is generally illegal to record a person without their consent, according to California Penal Code Section 632. This law applies to confidential communications, which include conversations where there is a reasonable expectation of privacy.

However, in the context of a...
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2 Answers | Asked in Employment Law for California on
Q: Is California health care exempt employees minimum wage 2024 based on new health care minimum of $21/hr?

Current Ca wage law states that exempt employees make at least twice the state minimum wage, which currently amounts to $66,560 (based on current minimum wage of $16/hr). In June , health care nonexempt employees will have a $21/hr minimum wage. Will that affect wages of exempt health care workers?

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answered on Apr 30, 2024

The California minimum wage for most employers is set to increase to $15.50 per hour on January 1, 2024. This would mean that the minimum salary for exempt employees would be $64,480 per year (calculated as $15.50 per hour x 2080 hours per year x 2).

Regarding the healthcare industry,...
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1 Answer | Asked in Business Law and Employment Law for California on
Q: I think I discovered the CEO of my company has been embezzling money through fake invoices, but I don't know what to do

Rumors have been at my company for 4 years about a VP that the CEO has paying, but no one had ever spoke to the person. I assumed that people were just gossiping, and I didn't push for clarification. This week I was organizing old company records, and I found years worth of fake invoices... View More

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answered on Apr 30, 2024

If you suspect that your CEO has been embezzling money through fake invoices, it is important to take action while also protecting yourself. Here are some steps you can consider under California law:

1. Document your findings: Gather and secure any evidence you have discovered, such as the...
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2 Answers | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Intentional Infliction of Emotional Distress and Defamation claims in Employment Lawsuit

Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More

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answered on Apr 29, 2024

In California, it is generally acceptable to include both Intentional Infliction of Emotional Distress (IIED) and Defamation claims in the same complaint, as they are separate causes of action that can arise from the same set of facts. However, the relevance and strength of each claim depend on the... View More

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1 Answer | Asked in Contracts, Employment Law, Personal Injury and Workers' Compensation for California on
Q: How many RFAs' and Rogs' questions can I ask in unlimited Civil lawsuits in California?

I've filed a lawsuit at the LA Superior Court against my employer, and 1-100 does. I am serving Rogs and RFAs. What is the most efficient way to use them without hitting the 35-question limit? Also, does the 35-question limit include both Rogs and RFAs combined, or is it for each one of them?

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answered on Apr 27, 2024

In California, the limits for written discovery in unlimited civil cases are as follows:

1. Form Interrogatories (FI): No limit on the number of Form Interrogatories you can ask.

2. Special Interrogatories (SI): You are limited to 35 specially prepared interrogatories per party,...
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