Lawyers, Answer Questions  & Get Points Log In
California Employment Law Questions & Answers
1 Answer | Asked in Contracts and Employment Law for California on
Q: Do sick hours roll over into the new year?

I signed a contract I think last year with an updated sick hour policy that said that hours do roll over into the new year and we get 24 hours of sick pay with a max cap of 48. I got sick at the beginning of this year and was told that I don't have any hours yet because the law changed so the... Read more »

Brad S Kane
Brad S Kane answered on Jan 25, 2022

It appears that your employer is violating California law by saying that your accrued sick leave does not roll over in the new year. The law allows no roll over only if you are provided a minimum of 3 days at the start of the new year.

California Labor Code 246(d) provides that:...
Read more »

0 Answers | Asked in Employment Law and Tax Law for California on
Q: Hi, I have a tax question & want to know legality of what I want to do: I'm a non-resident alien & I work remotely.

I left the USA just a year ago & I didn't pass the physical presence & Green Card test on Dec 31, 2021. I know most of my income should be considered foreign source income. But my California employer has been unaware of this & has filed my W2 with full year's income as US... Read more »

0 Answers | Asked in Employment Law for California on
Q: Can a supervisor that is not mine, ask a relative coworker of mine a question about my personal life?

A family member and I work for the same medical group. We are in different offices with different supervisors. My supervisor shared information about me to my family members supervisor, which lead said supervisor to ask that family member about my personal life. Is that legal?

0 Answers | Asked in Employment Law for California on
Q: What's the law on employers having to pay employees for Forcing 2 leaving with because covid for 2 weeks. PLEASE.

You may call me. Please I need knowledge onto what to do. Or show them to get paid.

2 Answers | Asked in Employment Law for California on
Q: Am I entitled to be paid overtime or not?

I am salaried employee at the large company but I have been working in the kitchen same like hourly cook because the short staff. The person who works same hours, they get $32/hour plus overtime but I don't get any overtime because I am salaried employees. Some month, I was not allowed to take... Read more »

Brad S Kane
Brad S Kane answered on Jan 21, 2022

Whether you are entitled to overtime and premium pay for missed meal and rest breaks depends on whether you correctly classified as an "exempt" employee. To be an exempt employee, must receive at least 2 times the minimum wage for 40 hours of week work. In addition, you must perform... Read more »

View More Answers

2 Answers | Asked in Employment Law for California on
Q: Am I entitled to be paid overtime or not?

I am salaried employee at the large company but I have been working in the kitchen same like hourly cook because the short staff. The person who works same hours, they get $32/hour plus overtime but I don't get any overtime because I am salaried employees. Some month, I was not allowed to take... Read more »

Maya L. Serkova
Maya L. Serkova answered on Jan 20, 2022

To be properly classified as an exempt (salaried) employee, you must be paid at least double the minimum wage assuming a 40 hour workweek, must spend the majority of your time performing tasks that are considered executive, professional or administrative as those terms are defined in the Wage... Read more »

View More Answers

1 Answer | Asked in Employment Law for California on
Q: My employer wants me to pick up another employee because they live near my residence and take them to his house daily

I’m a salaried worker. Am I required to do so. I would be in my personal vehicle.

Brad S Kane
Brad S Kane answered on Jan 20, 2022

Your employer can require you to pick and drop off another employee, but you would entitled to be reimbursement for your mileage from the employee's residence to the office and back to the employee's home.

If you refuse, your employer can terminate you.

1 Answer | Asked in Employment Law for California on
Q: In California, what is considered a 'reasonable' cap on PTO accrual? How is reasonableness determined?

This is an updated question to be more clear about my situation:

My employer places a PTO accrual cap = annual accrual rate (120 hours). Once the annual earnings are met (120 hours) no PTO is accrued until the balance falls below the cap. Since most PTO is taken at the end of the year, I... Read more »

Brad S Kane
Brad S Kane answered on Jan 18, 2022

The PTO accrual cap does not have to reasonable. PTO is not required by law.

0 Answers | Asked in Employment Law for California on
Q: I got a notice for phone interview from edd . questions if i was fired ? i have text messages from employer .need advice

told they currently dont have anything they will let me know. thought it was on good terms laid off to return at some point. i would have at anytime . was told once weeks before that i asked for day off to work on car. they said i have to much going on and they may have to replace me but never... Read more »

0 Answers | Asked in Employment Law for California on
Q: I work at a restaurant and in June of last year, i found out that my employer was double claiming my tips.

When i realized they were double claiming my tips into the 100's of dollars i asked my manager to help me fix it or give me the payroll phone number. This was back in June of last year. To this day I cant get answers or help. I called payroll and no response. I asked my new managers to help,... Read more »

1 Answer | Asked in Employment Law for California on
Q: If workplace retaliation isn't discovered until after the statute of limitations has passed, is it no longer actionable?

For example, if I started receiving less work and was led to believe it was just because I wasn't suited, but long after I find out that my superiors started telling people not to pick me up for assignments after I made a harassment complaint, would I be responsible for not knowing?

Brad S Kane
Brad S Kane answered on Jan 19, 2022

You have 3 years to request a right to sue letter from the last act of retaliation and then 1 year to file suit under the Fair Employment and Housing Act. Statute of limitations are complex and there are possible theories to extend the statute of limitations. You should consult with an employment... Read more »

1 Answer | Asked in Employment Law for California on
Q: I quit my job in CA and have not received my last check within 72 hours. Am I entitled to penalty pay?
Brad S Kane
Brad S Kane answered on Jan 19, 2022

Yes. If you resigned, you must be paid within 72 hours. After that time, you should be entitled to an additional day's pay for each day late up to a max of 30 days waiting time penalties.

1 Answer | Asked in Employment Law for California on
Q: Hi. i used to work for a recent employer in june-july and i havent been paid still. Is there anything i can do?

I was fired in covid leave without being tested. I've contacted them for months and still have texts and screenshots of proof I was informed i had to already wait months because my check went to corporate.

Maya L. Serkova
Maya L. Serkova answered on Jan 13, 2022

Your former employer had a duty to have your final paycheck available for you at the normal place of business on the day you were terminated. A willful failure to timely pay your final paycheck can result in you receiving Waiting Time Penalties equal to one day of pay for each day you are made to... Read more »

1 Answer | Asked in Employment Law for California on
Q: Can California salaried employees be asked to come to work while on bonding leave?

Also, can employees who are salaried be retaliated against for exercising their FMLA rights while on bonding leave? Is there a written law/code to reference any answers and gather more information?

Brad S Kane
Brad S Kane answered on Jan 19, 2022

Both the California Family Rights Act and Federal Family Medical Leave Act prohibit retaliation against employees who take medical leave - provided they qualify for protected leave by working at least 1 year, working at least 1250 hours in the prior year and the employer has at least 50 employees... Read more »

2 Answers | Asked in Contracts and Employment Law for California on
Q: Does this constitute breach of contract therefore needing to pay the penalty for resigning against her will?

My RN wife was escorted out of the facility shes working at by the Director of Nursing because she refused to do something she was not trained at. With this, she felt harrased. But when she brought this up with HR, no action was done therefore, harassment of the Director of Nursing went on. She... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 12, 2022

Far more would need to be known about this situation before anyone could give solid advice. Generally the law does not protect employees against bullying, harassment or high pressure tactics to get someone to quit. Unless it can be established that the conduct was motivated by her membership in a... Read more »

View More Answers

1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: My boss has been withholding my pay and refusing to let me work because I have not gotten a cdl permit

My salary contract does not state I am required to have a cdl permit

Neil Pedersen
Neil Pedersen answered on Jan 10, 2022

My answer is going to assume you are an employee and not an independent contractor.

Your employer is acting unlawfully by withholding any earned pay for any reason at all. You are to be paid for the time you worked. However there is nothing unlawful about the employer refusing to allow...
Read more »

0 Answers | Asked in Employment Law, Health Care Law and Workers' Compensation for California on
Q: I work in health care and I don't get paid for mandatory covid testing on days off can I file a wage claim?

I have had to do mandatory covid testing 2 times a week since covid started and they refuse to pay us when we have to go in on our day off and threaten to lay us off if we don't, can I file a wage claim against them and if I did could I get terminated?

1 Answer | Asked in Employment Law for California on
Q: Do I have a HR issue or what do I do? How do I approach this

I recently became sick which I have a note for, my boss now removed me from the schedule and says she will contact me when a shift becomes available. Is this right or wrong? Please help me. I’m so confused

Neil Pedersen
Neil Pedersen answered on Jan 9, 2022

The answer to your question depends on facts that are not included in your post.

If the reason you have been removed from the schedule is unrelated to your taking medical leave, there is no unlawful conduct.

If you do not have any California paid sick leave accrued or available, and...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.