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California Employment Law Questions & Answers
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: 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: 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.

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 »

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 »

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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...
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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...
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1 Answer | Asked in Employment Law for California on
Q: Fired for being sent home due to a covid exposure at work

My younger brother worked for a certain large blue retail company in California. He called in to work to see if he worked and was told by his supervisors that his coworker was covid positive. They told him to stay home, quarantine, and take a covid test. He did just that. He stayed home,... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 8, 2022

Far more would need to be known about the situation. Being terminated after returning from leave could be unlawful, but it could also be lawful, depending on the circumstances. Your brother is going to have to locate and consult with an experienced employment law attorney as soon as possible to... Read more »

2 Answers | Asked in Employment Law for California on
Q: Is an employer allowed to ghost a seasonal employee?

I was hired as a seasonal driver at UPS. During my employment they started charging me union fees stating that they would be employing me full time. After Christmas they have not been returning my calls or messages. They haven't even told me that I am done working for them or that there is no... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 7, 2022

Yes, if you have been paid all wages earned, the employer has no duty to speak with you or otherwise transact any business with you. Certainly it is unprofessional and rude, but the law does not legislate professionalism.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Can I be employed by another company while working full-time for my current employer? Do I have to let them know?

Or can I start my own business while being employed?

Neil Pedersen
Neil Pedersen answered on Jan 7, 2022

Generally there is nothing unlawful about you working more than one job. However there are some things you need to be careful about when doing so.

First, you owe a legal duty of loyalty to your employer(s) which means working for a competitor and directing benefit to one over the other...
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1 Answer | Asked in Employment Law for California on
Q: I work in healthcare my employer won't pay me for mandatory covid testing on my days off.

If I refuse to go in for mandatory covid testing on my day off because they refuse to pay me for it can they lay me off for not going? This has been going on since covid and when I tell them I'm not going to come in if I can't get paid for it they reply then your not going to have a job... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 7, 2022

Yes, you can be laid off or terminated for not getting tested. Depending on the circumstances, you might have a wage claim available, but you cannot use that as a way to avoid the testing.

Good luck to you.

2 Answers | Asked in Employment Law for California on
Q: Is it legal for a company in CA to include a merit increase in exempt minimum salary threshold increase?

Hello, As of January 1, 2022, is it legal for a company in Los Angeles, California with over 26 employees to include a merit increase in the exempt minimum salary threshold increase for this year?

Neil Pedersen
Neil Pedersen answered on Jan 6, 2022

As long as you are paid double the minimum wage, there would be nothing unlawful about that move. In short, it is the employer's discretion to give you a merit increase, and to decide how much it will be, so it if wants to characterize the minimum wage increase as also a merit increase, it... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Based on the termination clause in my work agreement must I legally give 30days notice or am I still an at will employee

Termination: Nanny is an at will employee and may choose to work for the family for as little or as long as she desires. Likewise, the employer may continue the nanny’s employment for as little or as long as they wish. We wish to provide the nanny with a secure employment situation, to provide... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 4, 2022

Your agreement will be considered to be an at will employment relationship that transforms into a term agreement upon the notice by one party or the other of the intent to terminate it. That means you or the employer can terminate the agreement at any time and for any reason, but there can be... Read more »

1 Answer | Asked in Employment Law for California on
Q: Exposed to covid, temp of 103. Called job to inform and they wrote me is saying I should have come in. What are my right

Work place in knowing allowing exposed individuals to work without regards to other employees. I began having symptoms, contacted employer to make them aware of possible exposure. They’re response was “we’ve all been sick with temps of 104, you don’t see us calling out, we’re trying to... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 3, 2022

At this point, you have not reported any adverse consequences. If you are written up or otherwise disciplined, that may well be a violation of the law, but depending on the severity of the consequences, it may or may not be a matter worth pursuing legally.

Technically, once informed that...
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1 Answer | Asked in Employment Law for California on
Q: Do I have to disclose an idea in development to a prospective employer when signing contract?
Neil Pedersen
Neil Pedersen answered on Jan 2, 2022

Contractual provisions can change this, but anything you invent while employed that is related in any way to the business of the employer belongs to the employer. It would be wise for you to seek out a consultation with an intellectual property attorney before you make any further moves.... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is it hours worked to get a mandatory TB test?
Neil Pedersen
Neil Pedersen answered on Jan 1, 2022

Your question is unclear. I am going to assume you are asking if you must be paid by your employer if the employer requires you to get a TB test as a condition of employment. The answer is no. Because the TB test can be used by you to gain employment at other employers, you will not be paid for... Read more »

2 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: California enforcement of non-solicitation contracts by an LLC?

I am employed, in CA, "at will" with a Limited Liability Company, SSG, that provides services to schools. I am hourly. I signed a No Solicitation agreement- that I wont accept employment, with the client (school) I have been assigned, during and 2 years after termination. I signed this... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 1, 2022

Business and Professions Code section 16600 makes unenforceable any contract that limits your ability to carry out your profession. Non-solicitation and non-compete provisions in contracts are therefore unenforceable, and any new employer that determines not to hire you based on knowledge that... Read more »

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2 Answers | Asked in Contracts, Employment Law and Business Law for California on
Q: Non-solicitation agreement between me and LLC; also between LLC and client.

I am employed, in CA, "at will" with a Limited Liability Company, Stepping Stones Group, that provides services to educational institutions. I am hourly. I started 3 months ago. Included in my offer letter, was an employment agreement. A section of the agreement, under "No... Read more »

Jonathon Maddox
Jonathon Maddox answered on Dec 31, 2021

Provided there’s no other relevant facts here, the Non-solicitation/non-compete clause would be enforceable.

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1 Answer | Asked in Employment Law for California on
Q: in CA a I got an assignment from a temp agency completed my first day. Terminated on the third day. Only paid for 3 hors

I let them know about the time and they said they have to wait for the contractor to approve the time. Now it's approved they said there paying me next week. I guess the question is this lawful? I thought you were supposed to get paid when being temanated

Neil Pedersen
Neil Pedersen answered on Dec 31, 2021

The California Labor Code requires your employer to pay your final paycheck on the day you are terminated. The question will be who your employer is. If you are an employee of the temp agency, being paid by it, you were not terminated. If you were an employee of the customer and that company... Read more »

2 Answers | Asked in Criminal Law, Employment Discrimination, Employment Law and Landlord - Tenant for California on
Q: Can I be fired if I'm arrested at work even if I'm innocent?

I was fired from job when the police came to my home to arrest me for an alleged crime. I am an apartment manager and so I will be out of a job and a place to live, and I was wondering if this is legal for my landlord to do before I'm even convicted yet?

Neil Pedersen
Neil Pedersen answered on Dec 30, 2021

Yes, it is lawful for an employer to terminate an employee who has been arrested when the arrest has not yet lead to a disposition. Whether or not you are eventually convicted or not is not material to the analysis.

Good luck to you.

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