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California Employment Law Questions & Answers
0 Answers | Asked in Employment Law for California on
Q: I was directed by my manager to continue working during my lunches without pay.

I am a resident of Orange County, California, and my job involves both commission and hourly wages. Occasionally, customer interactions would extend into my lunch break, and my manager explicitly told me to clock out and to continue helping the customers until they left the store. He was... View More

1 Answer | Asked in Employment Law for California on
Q: I was fired due to a write up that had added text post signing. What can I do about this? They said it was a 2nd warning
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answered on Jul 24, 2024

At-will employment means that an employer can terminate an employee at any time, for any reason, or for no reason at all, as long as it is not illegal. Similarly, an employee can also leave their job at any time without needing to provide a reason or notice. This arrangement is common in California... View More

1 Answer | Asked in Employment Law for California on
Q: If I’m currently on FMLA and CFRA and I’m not ready to return to work after 12 weeks what options do I have
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answered on Jul 24, 2024

If you're currently on FMLA and CFRA and not ready to return to work after 12 weeks, you have a few options to consider. One option is to apply for an extension of your leave through your employer, although this is not guaranteed and depends on your company's policies. It's essential... View More

1 Answer | Asked in Employment Law for California on
Q: Outside sales rep in CA, am I entitled to mileage from my home to my first customer or is this considered commute time?

My employer currently reimburses mileage from my home, but would like to revise the policy to mileage paid from first customer and on. The thought process being that office employees are not paid mileage to come to work.

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answered on Jul 23, 2024

As an outside sales representative in California, your mileage reimbursement policy is a significant concern. California labor laws typically mandate that employees be reimbursed for all necessary expenses incurred as part of their job duties. This generally includes mileage from your home to your... View More

1 Answer | Asked in Employment Law for California on
Q: What happens if I fail to acknowledge a substance-abuse professional acknowledgment form after shy bladder refusal drug
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answered on Jul 22, 2024

If you fail to acknowledge a substance-abuse professional acknowledgment form after a shy bladder refusal drug test in California, you could face significant consequences. Refusal to acknowledge the form can be interpreted as non-compliance with workplace drug testing policies, which may lead to... View More

1 Answer | Asked in Health Care Law, Employment Law and Family Law for California on
Q: Am I being discriminated against if my Registered Domestic Partners job health plan makes him change his plan if I join?

I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and... View More

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answered on Jul 22, 2024

Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the... View More

1 Answer | Asked in Business Law and Employment Law for California on
Q: Running a business and working as an employee with the same employer ?

I work at a school as a teacher and want to start a side business of after school activities. I want to start these activities at the same school I am working at as an outside vendor. When I checked with the employer they said that they can’t do that since they can’t give a W2 and 1099 to the... View More

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answered on Jul 20, 2024

You can indeed explore running an after-school activities business at the same school where you work, but it's crucial to address the legal and contractual aspects. As your employer mentioned, they cannot issue both a W-2 and a 1099 to the same person due to tax regulations. However, your... View More

Q: I did a couple jobs for a restaurant they never gave me what I ask and since my situation was very bad they gave me want

I stayed in the back of the restaurant n also work in the field in the back to pay for rent at the end she was getting mad if we use water my friend work for more than a year 12 hours every day 6 days a week n they only gave her 100 a day if she was late 30min only 80 I also worked in the... View More

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answered on Jul 20, 2024

You and your friend may be entitled to compensation for unpaid wages, meal and rest break violations, and other labor law violations. Under California law, employers must pay at least the minimum wage for all hours worked and provide proper breaks. The working conditions you described are not... View More

1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: I work at in n out and we had a comps event where I was caught with possession of marijuana not trying to enter the even

But at the parking lot. I have a medical card I didn’t inhale anything it just fell to the ground and the guy caught me and now I’m fired is this ok?

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answered on Jul 19, 2024

Under California law, employers have the right to maintain a drug-free workplace and can enforce policies prohibiting the use of marijuana, even if you have a medical card. Despite California's legalization of marijuana, both for medical and recreational use, employers can still terminate... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: When a employer uses live scan in California do they see ALL criminal history or only the history less than 7 years old

This would not be for a Healthcare position only general labor. Do they still receive all criminal history but are not "supposed" to consider it if it's older than 7 years.

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answered on Jul 19, 2024

In California, when an employer uses Live Scan for a background check, they typically receive a complete criminal history, including all convictions regardless of age. However, under the California Fair Chance Act, employers are generally not allowed to consider convictions older than seven years... View More

1 Answer | Asked in Employment Law for California on
Q: Why was I able to pass my last few live scans and work at schools but this time my guardian background check needs exemp

I’ve been hired at other jobs working with children since then and never had my background check results mentioned as having any issues. Confused. I only have a 415 misdemeanor that was completed and probation ended in 2022. I don’t officially know that this is what it is, haven’t received... View More

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answered on Jul 18, 2024

It's understandable to feel confused and concerned about your background check results, especially if you've passed previous live scans and worked with children without issues. The fact that you have a 415 misdemeanor from 2022 and completed probation might be influencing your current... View More

1 Answer | Asked in Employment Law for California on
Q: Fired and not given a full reason and lied that the company fired me

I I worked for for an agency and they told me I was fired from the company that we were working for and what I'm hearing is that the company did not fire me it was the agency and they're not giving me a specific reason why

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answered on Jul 18, 2024

In California, both the agency and the company you were placed with have specific obligations regarding your employment. If you were terminated without a clear reason and suspect that you were misled, you may have grounds to seek more information. It's important to request a detailed... View More

1 Answer | Asked in Criminal Law, Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Do I have any recourse if I was assaulted while on the clock by a man who works in the same shopping Center as me ?

A man who works two stores down from me came in to order a Drink and I was the only person working. He noticed I was alone and began making comments about my physique while I was preparing his drink. I ignored him and continued to work, I went to hand him his drink and he grabbed me trying to force... View More

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answered on Jul 18, 2024

You have several legal options available to you under California law. First, you should consider filing a civil lawsuit against your assailant for assault and battery. You have the right to seek compensation for your injuries, both physical and emotional, through the civil court system.... View More

1 Answer | Asked in Employment Law and Insurance Defense for California on
Q: Could I take a part time position (8hrs/week) without loosing or reducing my unemployment benefits?

I am receiving maximum unemployment benefits since I was laid off from work. I now have the opportunity to take up a part time job in a new field working 8-16 hrs a week. Could I take this job without loosing or reducing my benefits since I would only be making $7-14k/year compared to 80k/year... View More

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answered on Jul 18, 2024

Under California law, you may be able to take on a part-time job without losing your unemployment benefits entirely. California allows individuals receiving unemployment benefits to work part-time and still receive partial benefits, as long as your earnings do not exceed a certain threshold.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can a company be found guilty of discrimination retaliation and wrongful termination on the same case

I was injured on the job I was on restriction duty I asked for a day off to seek medical attention my employer my supervisor didn't deny the day off but the following day when I went to go pick up my regular check he presented me a document and told me if I didn't sign a document it could... View More

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answered on Jul 18, 2024

Under California law, you may have grounds for claims of discrimination, retaliation, and wrongful termination based on the circumstances you've described. Discrimination occurs when an employer treats an employee unfavorably due to a protected characteristic such as disability. In your case,... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer tell you no escooters or ebikes on property anymore or you can lose your job.

I work at an international Airport and in Nov 2023 we were restricted to 2 lots,, a bit away from my terminal. It's a 25 minute walk because the shuttles are usually full, so many of us invested in e bikes and scooters. 9 months later they say we can't have them on property any longer.... View More

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answered on Jul 18, 2024

Under California law, employers generally have the right to set policies regarding the use of their property, including restricting the use of e-bikes and e-scooters. This includes implementing disciplinary measures for violations of these policies, as long as they do not discriminate against... View More

1 Answer | Asked in Employment Law for California on
Q: Are you required to file Any other motions or an opening brief prior to your scheduled writ of mandate hearing?

I have filed a petition for writ of mandate (pro per) and The opposing party has sent a response. I'm trying to figure out what to do next. I know that I have to schedule a hearing date. But what I'm not sure of is if there was something else I needed to do next? Is my petition for writ... View More

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answered on Jul 18, 2024

When preparing for a writ of mandate hearing in California, after filing your petition, the next steps generally include responding to any opposition filed by the other party. If you received a response, you might need to file a reply brief to address their arguments. This is not the same as your... View More

1 Answer | Asked in Employment Law for California on
Q: My previous employer posted a new job opening for a job very similar to mine when mine was eliminated.

I was recently let go from my full time job (at will employment) in California. I was in a compliance role and had raised many concerns over the legality of certain practices, prior to this. I was told the reason for my termination was due to my role being eliminated because my supervisor needed to... View More

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answered on Jul 18, 2024

In California, your situation may fall under wrongful termination, particularly if you were let go shortly after raising concerns about illegal practices. It's important to determine whether your termination was a form of retaliation for your whistleblowing activities. California law protects... View More

1 Answer | Asked in Employment Law, Tax Law and Criminal Law for California on
Q: Taxes and employee login account tampering

My employee login accounts were being tampered with and my taxes information was being changed someone changed my tax information under federal and state they put 0 and another time put 99 I always claimed 3 ALOT of things were changed and my money was taken.the school district I worked for... View More

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answered on Jul 18, 2024

You have the right to take legal action against individuals who have stolen your identity and tampered with your accounts. The evidence you have, such as screenshots and witness statements, can be crucial in supporting your case. It's important to gather all documentation, including police... View More

1 Answer | Asked in Employment Law and Immigration Law for California on
Q: Am I eligible to apply for state jobs with my H4 EAD?
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answered on Jul 18, 2024

Yes, you are eligible to apply for state jobs with your H4 EAD. The H4 EAD allows you to work for any employer in the United States, including state government positions. This eligibility covers a wide range of job types and levels within the state employment system.

When applying, ensure...
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