Lawyers, Answer Questions  & Get Points Log In
California Employment Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Employment Law for California on
Q: I was laid off in June 2017 from a company who still owes me commissions is it too late to collect

initially the owner of the company had agreed that he would meet with me discuss money owed later he has nothing for me that agrement says I get paid when they get paid and since I'm no longer with the company I am not entitled to commissions

Neil Pedersen
Neil Pedersen answered on Jul 12, 2020

If you have a written agreement that gives you the right to the commissions, then you have four years from the date of the breach of that written agreement to bring a lawsuit to collect those commissions.

It would be wise to locate and consult with an experienced employment law attorney as...
Read more »

2 Answers | Asked in Employment Law for California on
Q: As a Non Emergency Medical Transport Driver should I be getting paid for waiting on clients or time between rides?

Hourly Employee

Fresno CA

25-35 hours a week

Only paid for time actually driving.

Not paid for time waiting on site for clients or fueling vehicle

8-12 hour days only paid for 6-9 hours.

What hours should I be getting paid for?

Neil Pedersen
Neil Pedersen answered on Jul 11, 2020

You should be paid for all time you are required to spend carrying out your job, including waiting time and refueling the vehicle. It sounds like you are losing regular and overtime pay.

You have options about how to proceed.

You can hire an attorney to demand payment and attempt...
Read more »

View More Answers

2 Answers | Asked in Employment Law for California on
Q: i went a furlough back in March, My furlough letter states that i would keep my seniority with the company.

i went a furlough back in March, My furlough letter states that i would keep my seniority with the company. They called me to go back to work but someoone else is doing my job my tittle was accounting assistant i was in charge of Payroll now i'm doing little administrative duties and HR... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 10, 2020

Most people do not know this, but a furlough is the exact same thing as a termination in the eyes of the law if the furlough is for more than the length of the pay period. Your employer can state an intention to bring you back, but that is not an enforceable right. If the employer wants to bring... Read more »

View More Answers

2 Answers | Asked in Employment Law for California on
Q: If my employer requires me to remain on premise, i.e. work overnights, is this considered double time overtime pay?

Salaried employee in los angeles ca

work 60+ hours a week

asked to do overnights to watch dogs on top of regular days

are these overnights actually overtime?

Neil Pedersen
Neil Pedersen answered on Jul 9, 2020

A properly classified exempt salaried employee is never able to get overtime. You agree to work whatever hours are necessary to get the job done in exchange for the salary.

The question therefore is whether you are properly classified as an exempt employee. If not, then you should be...
Read more »

View More Answers

1 Answer | Asked in Employment Law and Business Law for California on
Q: If I resign prior to my company filing bk Will they be required to pay accrued vacation? I'm in california.
Maurice Mandel II
Maurice Mandel II answered on Jul 9, 2020

Excellent Question. It is difficult to say what effect filing a BK will have on any pending payments. It may stop all payments that have not been completed. Before resigning you also have to consider other areas it may impact, such as your ability to get UI benefits. You should see what will... Read more »

2 Answers | Asked in Employment Law for California on
Q: Can a company reduce your pay rate and hours so they don't have to pay the correct overtime rate?

The company never notified the employee. The set pay rate is 13.50 an hour. The hours had been worked. The employee has been assigned seventy hours a week.

The company pays 13.00 an hour for some hours and 13.50 for hours less than 40.

The overtime should be for any hours over fourty.

Neil Pedersen
Neil Pedersen answered on Jul 6, 2020

Your question lacks enough specificity to give you a reliable answer. Your employer has the right to change your pay rate as long as the reduction does not bring the rate below the minimum wage, and as long as the change is made only after telling the employee the rate is being reduced. Overtime... Read more »

View More Answers

2 Answers | Asked in Employment Law for California on
Q: I filed a claim for unemployment and later realized I wasn’t eligible.

I didn’t spend one penny of what I received after realizing I wasn’t eligible. I just want to return the money but I don’t know how since all EDD numbers won’t answer. Could I get in trouble for not knowing I wasn’t eligible? It was an honest mistake and don’t want to be treated like I... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 6, 2020

You are going to either continue to try calling the EDD (people are getting through albeit with great effort and persistence) or go to the EDD office.

Good luck to you.

View More Answers

2 Answers | Asked in Employment Law for California on
Q: I filed a claim for unemployment and later realized I wasn’t eligible.

I didn’t spend one penny of what I received after realizing I wasn’t eligible. I just want to return the money but I don’t know how since all EDD numbers won’t answer. Could I get in trouble for not knowing I wasn’t eligible? It was an honest mistake and don’t want to be treated like I... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 6, 2020

Contact EDD- Phone (very hard), in person (not so hard but time consuming), internet? (easy and not time consuming). Tell EDD that you received this money in error and you want to return it. If you go to the offices, be sure to keep copies of all the checks that you return to EDD in case they... Read more »

View More Answers

1 Answer | Asked in Divorce, Employment Law, Family Law and Domestic Violence for California on
Q: How can i protect myself from my husband?

Hi,

I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said... Read more »

Chris M. Bradford
Chris M. Bradford answered on Jul 6, 2020

It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can an employer fire an employee of that employee calls the police because they suspect a crime is happening?

My sister works for a major retailer. She called the police because she saw what she thought was something suspicious outside the store. The employer is now saying she could lose her job because of the person she called the cops on can go to the news or sue about being falsely called. This... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 6, 2020

Unfortunately, almost all employment in CA is on an "at will" basis, meaning that an employer does not have to have "just cause" to terminate an employee, SO LONG AS the true reason for the termination is not one that it prohibited by law, such as reporting wage problems or... Read more »

View More Answers

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: I have a young Daughter with Respiratory heath issues I have a note from her Doctor.

I work in small office no windows no ventilation and really very little distancing and no safety measures .I have been working from home since March. They want us to all come back but someone tested positive for covid so they told us to wait . There is really no safety precautions and its a small... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Hope your daughter is well. No law will stop your employer from doing what it wants to, reference your job, you get protected by the Law after the fact of being terminated for a justifiable concern over contracting and spreading the CV to your susceptible family. There is the slight chance that a... Read more »

2 Answers | Asked in Employment Law for California on
Q: I haven't been paid by two different employers for hours worked before Corona, what should I do?

I've tried reaching out to them multiple times and they've either ignored me or promised to get back to me and proceeded to ignore me. It's not for much, a little over a hundred from each employer, but I paid money to take ubers to work while I was employed and I just want my money... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

Sorry to hear you are going through this at this difficult time. Employees need all their wages just to buy the necessaries of life. Before going to the Labor Commissioner as Neil suggests, you should consult with an attorney that specializes in Wage & Hour claims for employees. There are a... Read more »

View More Answers

1 Answer | Asked in Employment Law for California on
Q: Can I say I was laid off if I worked 2 weeks after the lay off date? for unemployment claim purpose

I was laid off then offered to stay with a new client, something went wrong with new client and I was told I would be transfer to another account keeping my site manager position. I accepted but when the time arrived I was told the client had decided to promote someone else instead and I was... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jul 3, 2020

Your concern is justified. The EDD could disqualify you from receiving benefits up to 3 years, if they fell you falsified your claim, and the clerks that make this decision are overworked, understaffed and don't spend a lot of time on it. My first case was an Asian lady who was told by... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my employer if they wont let me return to work due to covid.

I have a doctors note saying I can return to work after having covid for 2 weeks. My employer is making it very difficult to come back to work. Can I sue my employer if they refuse to let me back at work?

Neil Pedersen
Neil Pedersen answered on Jul 3, 2020

The answer to your question depends on many things, most importantly, the reason why you are not being allowed to return. If business conditions have changed and your job has been eliminated or some other legitimate business reason can be proved for not bringing you back other than the fact you... Read more »

View More Answers

2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: Employee with a lot less time received a full-time promotion. Just found out he's related to another e

Recently, my employer had an internal opening for a full-time position.

Five part-time employees applied. Myself and another employee have over 18 months with the company.

I initially asked the direct supervisor of that department if this position was to replace a person retiring... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 1, 2020

I am sorry you did not get the position. However, nepotism is not unlawful. It is perfectly legal to treat friends and family more favorably than other employees in the company. Now, if the reason you did not get the position was your race, or religion, or some other legally protected... Read more »

View More Answers

2 Answers | Asked in Employment Law for California on
Q: I’m an ambulance employee and for the last few months have repeatedly been denied break periods for up to 14 hours
Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Under the labor code you are entitled to rest breaks of a net 10 minutes every 4 hours. And you are to have meal breaks of a net 30 minutes every 8 hour shift or part thereof; 2 meal breaks if you work beyond 10 hours. Rest breaks are on the clock and meal breaks are off the clock. There is an... Read more »

View More Answers

2 Answers | Asked in Employment Law for California on
Q: My wife is the General Manager of a business that is shorthanded. Can I work for her without pay on a temporary basis?

Hello! My wife’s work is currently understaffed due to COVID. They just recently reopened and she’s hired over a half dozen people, but she is still short for this upcoming July 4th weekend (she works in a largely tourism-based business and so is much busier on holidays). I’d like to help her... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Well, no. Private employers are not supposed to have "volunteers" that are unpaid. You won't be covered by Worker's Comp iif you get injured. You are legally entitled to minimum wage. In theory, the company could be in trouble. As a practical matter, if you go there as your... Read more »

View More Answers

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: Last day at job 2-26. Employer has my property. I have asked them two times by email. I have their laptop, phone, keys.

We had bad issues at work so I gave one week notice to quit. They told me not to come back in until 3-5 @2:00pm. On final day-3-5-20 I also had a phone interview with the corporate office HR at 1:00pm. I waited at home for his call but he stood me up for my exit interview. I did not have the... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry you are having this problem, particularly with Attorney employers. Under the Labor Code, the employer does not have the right to retain your property, and likewise, you are obligated to return theirs. It sounds more like you need a mediator or go- between. You might contact the local bar... Read more »

1 Answer | Asked in Employment Law for California on
Q: Why a DFR for a recognized misclassifed employee as non member by local exclusive union. By law would be member

Calif PERB case challenging ruling of board local exclusive union has no duty to non memeber regardless if they know is misclassfied and placed outside union. I have us supreme court 1944 steele and Vaca but they still ruled no duty of fair rep DFR. Challenging in superior, now denied, and now... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 27, 2020

Employees in a union shop come under the Federal Labor Management Relations Act, which is an extremely complex body of law. DFR means Duty of Fair Representation, and it is very difficult to show that a union breached such a duty, even though you may hear of cases that find this. You might want... Read more »

2 Answers | Asked in Employment Law and Consumer Law for California on
Q: Is it legal to work for a U.S. citizen to work for a company in a foreign country?

A foreign company (from Hong Kong) e-mailed me saying that they saw my resume online. They wanted me (U.S. Citizen) to represent them to contact clients in North America to collect outstanding payments. They said that it is not a full time job. However, they will pay me a fix amount every month... Read more »

Neil Pedersen
Neil Pedersen answered on Jun 27, 2020

This is a very common scam. Do not fall into this trap. People who have lost a great deal of money.

Good luck to you.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.