I'm new in the company and this is my first job as an Executive Assistant, one of my task right now is our legal due diligence. Our lawyer stated that the convertible notes our founder provided is incorrect. I responded to her by asking help on how to rectify it because 1.) Our founder is... Read more »
answered on Apr 1, 2023
Convertible notes and stock shares are common financial instruments used by companies to raise funds and compensate employees. A cap table is a record of the company's ownership structure and can help track the allocation of shares and ownership stakes.
If your lawyer has indicated... Read more »
answered on Apr 1, 2023
An employer must provide an employee with their final paycheck immediately upon termination. If an employee is unable to receive their final paycheck on their last day of work, such as in the case of a mailed paycheck, the employer must still ensure that the paycheck is delivered to the employee on... Read more »
My manager used to work at Macy's, she was getting sued for wrongful termination and so she switched to another company (mine) and now she's being protected by my company even though she has many complaints about her, even OSHA violations. Yet HR doesn't do anything about her
answered on Mar 30, 2023
First, you cannot sue a manager for wrongful termination. That claim is only available against the employer.
Second, this manager has the same right as you to change jobs. If you face harassment or retaliation because of your lawsuit, you might have additional claims, now against your new... Read more »
Is that legal? They are claiming that the deadline is March 1st for any excess amount invested in the 401K but the IRS deadline is April 15th. This is my money and they are holding it without my permission.
answered on Mar 30, 2023
It is not legal for your 401K provider to withhold your money without your permission. However, there are certain rules and deadlines set by the IRS regarding contributions and withdrawals from 401K accounts.
If you have over-contributed to your 401K account, you may be subject to penalties... Read more »
The deduction is believed to be the commission of the bank due to the currency difference, who should pay this? employer or employee?
answered on Mar 29, 2023
If an employee is based in a country where the currency is different from the currency of the company that issued their salary, it is common for banks to charge a commission or a foreign currency conversion fee for processing the transaction.
In general, it is the responsibility of the... Read more »
All teachers receive in the group receive same salary regardless of number of years of service. Program has undergone many changes but the changes are not reflected on our salaries. We are expected to complete many duties on our personal time. We have reached out to our union, HR, admin. Etc.... Read more »
answered on Mar 29, 2023
Unfortunately, once you give up your rights to negotiate your terms of employment to a union, you are bound by whatever deal the union negotiates on your behalf through collective bargaining.
Your best option would be to change your employment to a place where you are not required to accept... Read more »
In my 30 years of work history I have found that every employer exploits their by the hour, non-exempt, non union, at will employees every chance they get by violating various labor laws. They know their 'no skill' employees dont know the law. So whether its meal violations, employee... Read more »
answered on Mar 29, 2023
While there is no official job title for an "undercover labor law auditor," there are various organizations and agencies that conduct investigations and audits to ensure employers comply with labor laws. These include the United States Department of Labor, the California Labor... Read more »
My employer didn't provide a physical paycheck, notice of change in relationship, the EDD "For your benefit" packet, COBRA or Cal-Cobra notices, or a HIPP notice when laying off employees. What are the consequences to the employer?
answered on Mar 29, 2023
Under California law, employers are required to provide employees with certain notices and information related to their employment status, benefits, and rights. Failure to provide these notices can result in legal consequences for the employer.
Specifically, an employer's failure to... Read more »
answered on Mar 28, 2023
There is no specific rule in the California Rules of Court that requires the numbering of paragraphs in complaints. However, it is common practice to number the paragraphs in a complaint for ease of reference and clarity.
Numbering the paragraphs in a complaint can make it easier for the... Read more »
My boss 'hired' 2 family members that have zero experiance and dont really do much of anything but talk. They aren't being paid an hourly wage by the restaurant, but are being compensated by being included in our tip pool. Is this legal?
answered on Mar 26, 2023
No, it is not legal to include non-wage employees in a tip pool in California. Under California Labor Code Section 351, tips are the property of the employees who receive them and cannot be taken by the employer or shared with non-tipped employees.
In California, employers are required to... Read more »
answered on Mar 25, 2023
If you have knowledge that employees at Sheppard Mullin are setting up illegal streaming on their laptops, you should report this information to the appropriate authorities.
First, you may consider reporting the illegal activity to the management or HR department at Sheppard Mullin. They... Read more »
answered on Mar 24, 2023
Yes, if your employer overpaid you, you are generally required to repay the overpayment. This is because the overpayment was made in error, and you were not entitled to receive the extra money. Under California law, employers are generally allowed to recover overpayments from employees, even if the... Read more »
I was recently employed by a large pizza chain in CA to deliver pizzas. My first day on the job I was going through employment paperwork when we got to drug screening. It spoke about prescribed medications on the job and I wanted them to know I took prescription opioids that could show up in a drug... Read more »
answered on Mar 24, 2023
In general, an employer cannot terminate an employee for using legally prescribed medication, including opioids, outside of work. However, there are some exceptions.
Employers have a responsibility to maintain a safe workplace and ensure that employees are fit for duty. If an... Read more »
But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.
answered on Mar 23, 2023
Right now it is lawful for an employer to terminate an employee that tests positive for marijuana or its components. Effective January 2024, a California law will end that practice.
Good luck to you.
But prior to this event management has been trying to get rid me. After that drug test I got injured during work and end up messing up my knee pretty bad. I was never sent to get another test to verify this I was let go a week after the accident.
answered on Mar 23, 2023
It is likely--even under California law--that your employer can legally fire you for failing a drug test.
I advise you, however, to keep the CBD oil that you used and to have it tested for THC. Although it is extremely rare to test positive on a drug test as a result of using CBD oil,... Read more »
… of my pocket while I was dealing(3/6/23)and they were picked up by a supervisor and he gave them to a security guard to be put in lost in found. The next day I go to lost in found and they said they have no log for any AirPods being turned in and to check back in a couple days. So I come back... Read more »
answered on Mar 22, 2023
If you believe that your AirPods were stolen by a supervisor or anyone else who had access to them, you may want to report the incident to the casino's security department and/or to the police. They may be able to investigate the matter and potentially identify the person responsible.... Read more »
Curious if I would have recourse here: Employer recently laid off over 50+ workers (including myself) without notice, effective same day, and offered only one week of severance pay. While this layoff doesn't meet Federal WARN Act requirements, it does trigger the California WARN Act.... Read more »
answered on Mar 22, 2023
Under the California WARN Act, employers are required to provide advance notice of mass layoffs or plant closures to affected employees and state and local agencies. The law applies to employers with 75 or more employees who have worked at the establishment for at least six months in the preceding... Read more »
answered on Mar 21, 2023
There are several steps a company or corporation can take to protect themselves from liability for the actions of a "stooge" employee:
Establish clear policies and procedures: A company should have clear policies and procedures in place that prohibit illegal or unethical behavior,... Read more »
My manager gave the employees their personal cell phone number to call in case we couldnt reach the store front. He also asked all the employees to sign a no call no show policy that states if we are a no call no show it would result in termination of employment. Is any of this illegal?
answered on Mar 19, 2023
In general, it is not illegal for a manager to give their personal cell phone number to employees as a way to communicate with the store in case of an emergency or if they cannot reach the store front. However, employees should be aware that contacting a manager outside of working hours may not be... Read more »
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?
answered on Mar 17, 2023
Under California law, employers are required to provide a minimum of 24 hours of paid sick leave to their employees per year. This sick leave must be available for use by the employee beginning on the 90th day of employment.
Employers can choose to provide more than the minimum amount of... Read more »
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