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California Employment Law Questions & Answers
1 Answer | Asked in Medical Malpractice, Employment Law and Health Care Law for California on
Q: I was diagnosed to have chronic pain syndrome. My injury has turned out that I have a pinched nerve in my wrist.

This injury is work related and it happened February 26 2017.I was injured at work and already settled with workers compensation this year. I've seen 3 physical therapist none came to this conclusion to check for a nerve damage test what do i do?

Neil Pedersen
Neil Pedersen answered on Oct 16, 2019

Immediately go back to your workers compensation attorney that you had for your prior claim. Tell them about the new diagnosis.

You are going to be limited to recovering through that process from your employer, so your only possible remedy will come from reopening your claim, it that is...
Read more »

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: Where can I find a personal injury lawyer for a work re!ated injury?

I did a workers compensation claim and settled that claim , but my injury still exist. I was diagnosed with chronic pain syndrome while dealing with my workers compensation claim which referred me to 3 different physical therapist for my injury.Recently I went to see a cosmetic surgeon to get a... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 14, 2019

Unless your injuries were caused by some other person or entity other than your employer, you are likely going to be limited to seeking relief through the workers compensation process. All workplace injuries must be handled through that system. You need to consult with a workers compensation... Read more »

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1 Answer | Asked in Employment Law for California on
Q: Can my employer force me to use sick or vaction for missed scheduled overtime

In my position I'm required to work 7 days a week 8 hour days for 3 to 4 months out of the year. Rumors are circulating that so many people are calling in sick during overtime time days (Saturday and Sunday) that the company will now force us to use vacation or sick during those days is that legal... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 12, 2019

If I understand it, you are asking if it is legal for your employer to force you to use sick time for when you call in sick. Yes. That is legal. And if you run out of sick time, there is nothing unlawful about your employer then paying you for the time off by using your vacation pay.... Read more »

1 Answer | Asked in Employment Law for California on
Q: How long does an employer have to give an employee a copy of their review?
Neil Pedersen
Neil Pedersen answered on Oct 9, 2019

There is no law that says the employer must provide a copy of the employee's performance review to the employee in the absence of an official request. You are entitled to your employee file, as well as any documents signed by you and your payroll records if you make a written request. See here... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is driving a company vehicle from home to the the first job and from the last job back home count as hours worked?

I'm a full time construction worker. (electrician) Company has 1 other employee besides me. Regular work hours are 8- 4:30. I leave the house @ 7:30 to get to the job. I Get home @ 5. I have had the company truck for 1 year.

My boss one day said he didn't want the work trucks at the shop... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 4, 2019

You should be compensated for the drive time to the various work sites where you have jobs. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this... Read more »

1 Answer | Asked in Employment Law for California on
Q: If I work 13 hours in a day but under 40 in a week should I be paid OT for the extra 5 hours that day?

full time employee, construction worker. (electrician) small company. 2 employees

Neil Pedersen
Neil Pedersen answered on Oct 4, 2019

If you work for a private employer in California you are entitled to overtime for all hours worked in excess of 8 hours in a workday or 40 hours in a workweek. You are also entitled to double time overtime for all hours worked more than 12 hours in the same workday. So, if you worked 13 hours in... Read more »

1 Answer | Asked in Employment Law for California on
Q: Is commuting mileage reimbursable for exempt employees who work 50-80 hours in office for day 6 or 7 in a week?
Neil Pedersen
Neil Pedersen answered on Oct 4, 2019

It depends on what you mean by commuting mileage. The legal definition of commuting is travel to and from your home and your normal place of work. That mileage is not reimbursable as an employee expense. If, on the other hand, you are talking about traveling from the main office to other... Read more »

1 Answer | Asked in Employment Law and Gov & Administrative Law for California on
Q: Can the Labor Commissioner indefinitely delay issuing Berman Hearing decisions? It’s over 90 days since the hearing.
Neil Pedersen
Neil Pedersen answered on Oct 3, 2019

Indefinitely, no. Can it delay it for a long time? Yes. This is a government entity that is overworked and understaffed. Patience is going to be required to get through this process. Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I own a yoga studio and this year converted my teachers from independent contractor to employees. Is this piece work?

My business is in the state of California. I was paying teachers per class a fixed rate before the conversion. Now as employees I'm required to pay sick time. Every teacher is required to be at the studio 30 min before class, teach an hour class and stay 30 min after the class. To come up with an... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 2, 2019

You need legal advice from someone other than an accountant. You should locate and form a working relationship with an employer-side employment law attorney to give you advice on things like this. Your employee is probably right, but before that conclusion can be made, far more would need to be... Read more »

3 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for California on
Q: Is there anything I can still do?

I worked a very stressful job 2016 where I wasn’t given a lunch break and given the workload of two people and the stress and burnout from this job ended in Fibromyalgia. I didnt know anything could be done and did not seek disability or unemployment or workers compensation. I was also not given... Read more »

Neil Pedersen
Neil Pedersen answered on Oct 1, 2019

You need to seek out a consultation with a workers compensation attorney to determine if there is any chance at making such a claim. It is not likely you have any rights outside of the workers compensation system for the workplace induced injuries that you suffered. You have likely lost any... Read more »

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1 Answer | Asked in Employment Law for California on
Q: If you work for contractor and do not receive benefits or paid time off, can the employer deny you a request for timeoff

Have given employer 3 months notice about request to take unpaid time for vacation. Employer is denying.

Neil Pedersen
Neil Pedersen answered on Oct 1, 2019

Whether you are an employee or an independent contractor, your employer has no legal duty to give you any time off unless it is for a protected activity, such as protected sick leave or the like. So yes, your request can be denied, no matter how far ahead of time you asked.

Good luck to...
Read more »

2 Answers | Asked in Employment Law, Traffic Tickets and Car Accidents for California on
Q: If my license was suspended by the section 16073. What does this mean? Would i be able to drive or continue working?

I would like to know if this would affect my job if i work in a car industry and the company insurance does not want to cover me.

Neil Pedersen
Neil Pedersen answered on Sep 28, 2019

Suspension of your driver's license for any reason can be used by your employer to suspend or terminate you at any time. You are considered to be employed at will unless you have an agreement to the contrary with your employer. That means your employer can discipline and terminate you at any time... Read more »

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1 Answer | Asked in Employment Law for California on
Q: in California what is the time frame for an employee to reimburse their employees their mileage pay.

My company claims that our mileage reimbursement will be sent out 30 days after it gets submitted, However, it rarely happens. Most employees including myself will often get out reimbursement on the 35th or 36th day and sometimes months later. When we ask for our mileage, they claim to be working... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

The law merely sets the standard as a "reasonable" time. 35 to 36 days is a long time but likely not unreasonable.

Good luck to you.

1 Answer | Asked in Employment Law and Sexual Harassment for California on
Q: Is it illegal for your employer to ask you why you’re going to the bathroom (while on your cycle)?

One of our managers knows I’m on my period and yet every time I mention that I need to “go to the back” he pulls me aside and asks my why multiple times a day. I’m really uncomfortable and don’t know how to handle the situation. Is this legal in the state of California?

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

If you are using the facilities at times other than your meal and rest periods, it is lawful for an employer to determine why you are not working and leaving your work area. That said, if you believe this supervisor is asking for a more creepy reason, you should report it to HR.

Good luck...
Read more »

1 Answer | Asked in Employment Law for California on
Q: My employer wants me to do my side business $80/hr contract work for regular $20/hr pay on the clock. Is that legal?
Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

Yes, that is legal. You are not required agree, but if you refuse, the employer can terminate you if it wishes to do so.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: If I have a Dr.s excuse to take time off work and when I am ready to go back to work, my emp. replies they get back to
Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

Your post was cut off. You will need to re-post so we can understand what you are asking. Take care.

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Can I take leave from Work under CFRA for medical issue caused by childbirth?

I gave birth onMay 20th, my 4 months leave under PDL will end on September 20th. I had some complications during delivery and today my doctor told me that I need to rest for another 2months. I know that I’m entitled for another 12 weeks leave for baby bonding time under CFRA. My question is Can I... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

Your CFRA leave time is limited related to medical disabilities, but even if you exceed your designated CFRA time, the Fair Employment and Housing Act will require your employer to extend additional unpaid leave to you to address a disabling condition under most circumstances. Be sure your doctor... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I was on disability for 4 months and when I returned to my job I was fired now I'm being denied unemployment benefits

My past employer says i just abandoned my job but they filled out the form for disability benefits the only thing that changed was the dare to return to work was exstended they recieved documents stating this. But they told unemployment i never even told them i was going on disability

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

If you can prove that your employer was provided with your doctor notes indicating a need for medical leave, and you were terminated for this false reason, it may be that you will be able to establish a violation of the Fair Employment and Housing Act. I think your best move right now is to locate... Read more »

1 Answer | Asked in Employment Law and Appeals / Appellate Law for California on
Q: I wason disability for four months when i retured to work i was fired they said i never informed them about my leave

But that is not true they were sent Disability paperwork that they signed and sent back to my union i have copies and i sent them all the date changes i recieved from my doctor. The problem now is Unemployment says im not eligible to recieve benefits because they say i voluntarily quit or was fired... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

If you can prove that your employer, not just your union, was provided with your doctor notes indicating a need for medical leave, and you were terminated for this false reason, it may be that you will be able to establish a violation of the Fair Employment and Housing Act. I think your best move... Read more »

1 Answer | Asked in Employment Law for California on
Q: My employer repurchased 70% of my stocks when I left the company, can I get them back? They didnt tell me about clawback

I joined a pre-series A start up and was offered shares as part of the compensation with 4 year vesting. However, they 'forgot to' disclose the full terms or assigned any of the stocks when I joined them. They found out about this a year and half later and this is when I learned that they have the... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 27, 2019

This is not the kind of question that can or should be answered in an on-line forum such as this. You need specific confidential advice from an attorney who can be allowed to review all of the documents and understand a great deal more about the situation. Locate and consult with an attorney who... Read more »

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