Get free answers to your Employment Law legal questions from lawyers in your area.
I work for an eye doctor in California, and we charge $30 for eye imaging. The doctors recently asked us to mislead patients by telling them this charge is part of their copay. The practice is applicable to all patients, regardless of their insurance, and is communicated verbally without any... View More 
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answered on Apr 1, 2025
Your question raises serious concerns about deceptive billing practices in healthcare. The described practice of misleading patients about the nature of charges could potentially violate multiple California laws, including the Unfair Competition Law (Business & Professions Code § 17200), which... View More
I'm seeking feedback on my appellant's opening brief related to an appeal for a Labor Commissioner's decision in an employment law case. I need a review of the entire document, including content, clarity, structure, legal arguments, and validity. The deadline for receiving this... View More
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answered on Apr 2, 2025
You need to provide the actual appellant's brief for a comprehensive review of its content, clarity, structure, legal arguments, and validity. Without the document itself, specific feedback cannot be offered on your particular case and arguments.
In preparing an effective... View More
I believe my HIPAA rights were violated about 18 months ago while I was both a patient and an employee at a large healthcare company. My supervisor and manager accessed and shared my private medical chart notes with me and other employees without my consent. This created a hostile work environment... View More
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answered on Mar 31, 2025
Your situation involves potential violations of both healthcare privacy laws and employment rights. You would benefit from consulting with a healthcare privacy attorney and an employment law attorney who handles workplace privacy issues, potentially even finding one who practices in both areas... View More
I attended a private massage school in California that was supposed to be certified with the CAMTC. The school didn't inform me that they were involved in a court case regarding their certification. I completed my 550 hours of training but can't get licensed, affecting my ability to find... View More
answered on Mar 28, 2025
File a complaint with the California Attorney General for fraud and you can sue them in small claims for a refund of your tuition up to $12,500.
I applied for an Uber Delivery job in California and passed the initial background check, allowing me to work for two months. Recently, a report was posted by the Consumer Reporting Agency (CRA) listing a public case summary from 1990, although the records were destroyed under Gov Code section... View More
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answered on Mar 28, 2025
I understand how frustrating this situation must be for you. When a Consumer Reporting Agency (CRA) continues to report information from destroyed records despite your multiple disputes, you have several options beyond what you've already tried.
You can file a complaint with the... View More
May I confirm that (with rare exceptions) no part of a background check for a California employer can show arrests, convictions, or other indicators of criminal history disposed more than seven years prior to the date of the report?
answered on Mar 28, 2025
You are correct related to commercial background check companies. However, if the employer does the background check internally, there is no such limitation. However the California Fair Chance Act does limit what the employer can do with older convictions. It would be wise for you to look into... View More
Macy’s in California. I had sick time available and PTO and sent a doctor’s note.
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answered on Mar 28, 2025
Dear concerned employee,
I understand your frustration with not getting your PTO or sick time when requested. My specialty is in workers compensation and this falls outside of my specialty. Additionally there are other factors that could affect your rights. My recommendation is that you... View More
In California, if an employer and employee agree to compensate unused vacation days accrued when the employee's salary was higher, and now the employee's salary has been reduced due to underperformance, at which rate should the vacation days be compensated—at the old higher salary rate... View More
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answered on Mar 27, 2025
In California, vacation pay is considered earned wages rather than a benefit. When an employee's salary is reduced, the law generally requires that accrued vacation time be paid at the rate in effect when the vacation is taken or paid out.
For vacation days accrued during the period of... View More
I signed an agreement for a salary reduction at my workplace in California, and my employer follows local legislation regarding vacation payouts. The vacation time was accrued when my salary was higher, but I am taking the vacation after the salary has been reduced. In this situation, should my... View More
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answered on Mar 27, 2025
In California, your accrued vacation time should be paid out at the rate you earned when you accrued it, not at your current reduced salary rate. This is because vacation pay is considered a form of wages that you've already earned but deferred taking until now.
California law treats... View More
I was fired from my job on March 7, 2025, and I believe it was an unlawful termination due to three violations of my union contract. My union is currently investigating the termination, and I am fairly certain I will be reinstated. However, I have not received my final paycheck, and my labor... View More
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answered on Mar 27, 2025
You have important rights regarding your final paycheck, regardless of what your labor relations representative told you. In California, employers must provide terminated employees their final paycheck immediately at termination or within 72 hours if you resigned without notice. This includes all... View More
I have been employed with my company for 28 years. My employer recently emailed me an updated policy document requesting me to authorize deductions from my paycheck for what they deem to be personal purchases on the company credit card. However, I have never used the company card for personal... View More
answered on Mar 27, 2025
Worst case scenario, your employer could terminate you. If you feel it is being abused, you should be able to revoke the deduction authorization at anytime.
I signed a workplace settlement agreement on February 21st with terms stating the payment would be made within 30 days. It has been over 30 days, and my attorney has not responded to my calls or emails regarding the status of the settlement, despite signing the agreement and release paperwork. What... View More
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answered on Mar 27, 2025
When you face a delay in receiving your settlement payment beyond the agreed 30-day timeframe, it's understandable to feel concerned and frustrated, especially when communication has broken down with your attorney. This situation requires a methodical approach to resolve the issue and secure... View More
I am a Senior Director of Facilities in California. My company has asked me to sign an agreement that allows them to deduct money from my paycheck if I misuse the company credit card for personal purchases. So far, I am refusing to sign because I am unsure whether it is legal for them to make such... View More
answered on Mar 26, 2025
Yes, your employer can legally deduct money improperly spent on personal use on a company credit card from your paycheck, if you sign a document authorizing the deduction.
I'm a regular employee, and I work 7 hours a day. Is it permissible for my employer to only allow me a 30-minute unpaid lunch break? There are no specific employment contracts or union agreements, and I haven't spoken to HR about this policy.
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answered on Mar 27, 2025
Yes, your employer is following California labor laws by providing you with a 30-minute unpaid lunch break during your 7-hour workday. According to California labor regulations, employers must provide employees with at least a 30-minute unpaid meal break when they work more than 5 hours in a day.... View More
I am a program director, and one of my workers falsely alleged that I touched her inappropriately. Despite having no evidence against me, my employer has fired me. Although we have sexual harassment policies at our workplace, I want to ensure that I won't face any legal issues due to this... View More
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answered on Mar 23, 2025
You're facing a serious situation that could have several legal implications in California. Being terminated due to harassment allegations, even without evidence, can impact your future employment opportunities and professional reputation. In California, employers have broad discretion in... View More
I have been an employee of the Lynwood Unified School District for 28 years. Over the last four years, I have experienced harassment and discrimination at my job. About five years ago, I was working in the plumbing shop, handling irrigation and plumbing tasks. I was demoted due to not having a high... View More
answered on Mar 22, 2025
Far more needs to be known to determine if the employer has violated the law. Your post contains no information that the harassment you have experienced was based on your membership in a protected class of people or because you engaged in some kind of legally protected conduct. Absent those two... View More
I am an employee concerned about the enforcement of California Labor Code Section 512, which mandates that employees receive meal breaks before the 5th hour of work. I believe that this ruling does not effectively improve workers' rights or benefit employers. My managers are apprehensive about... View More
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answered on Mar 21, 2025
You're asking about challenging California Labor Code Section 512 regarding meal breaks before the 5th hour of work. While labor laws are designed to protect workers, I understand your concern about this particular regulation.
To challenge this law, you have several potential options.... View More
I'm facing harassment from my landlord, who is using my mobility disability against me to force me out and avoid an unlawful detainer (UD). The landlord has forbidden others from assisting me, even with tasks like taking out the trash, citing "security" reasons with locked gates.... View More
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answered on Mar 21, 2025
You have the right to request reasonable accommodations under the Fair Housing Act and California's Fair Employment and Housing Act. Your landlord’s refusal to allow assistance for tasks like taking out the trash could be considered a denial of a reasonable accommodation. Document... View More
I parked my car at work, and someone spilled something on my back window and wrote an offensive word on it. I reported it to workplace security, and they are retrieving footage. I've also taken pictures. What steps should I take after getting the footage, and should I consider any legal action?
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answered on Mar 21, 2025
That sounds like a really upsetting experience, and it’s good that you took quick action by reporting it to workplace security and documenting the damage. Once you get the footage, make sure to save a copy for yourself. If the person responsible can be identified, bring that information to your... View More
As a part-time leasing consultant in California, I often have shifts scheduled for 5 hours, typically on Fridays and sometimes Saturdays. Despite working a few minutes over the 5-hour mark, I'm not paid for the extra hour. There's no rounding clause in my handbook, and I haven't... View More
answered on Mar 20, 2025
You call yourself a consultant. If you are an independent contractor you are not entitled to the Labor Code requirement of a meal period. And even if you are an employee, if you are an exempt employee, you are not entitled to the one hour wage penalty for not getting a meal period before the end... View More
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