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We had received notice of an involuntary separation due to position elimination and we were laid off 11/18 and they did pay us for the two weeks we worked prior on 11/18. But they didn’t pay us for the full shift we worked 11/18 until two weeks later. Is that legal or are they subject to... View More
answered on Dec 16, 2024
Employees who are discharged must be paid all wages due at the time of termination. A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you are made to wait for the final... View More
answered on Dec 9, 2024
Except for certain narrow circumstances, it violated the child labor laws to work a 17 year old until 1 am. However depending on how long ago that happened, and other circumstances, that may not be something you could make a legal issue about and recover damages. You need to locate and consult... View More
…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?
answered on Dec 8, 2024
Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.
Since your employer is consistently... View More
…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?
answered on Dec 9, 2024
I am going to disagree slightly with my colleagues here. If you did not have permission to take the paychecks and took them anyway, that could well be a terminatable offense. However, you and your co-workers would have meritorious claims for violation of the Labor Code for the many late and NSF... View More
There is a male employee who is hostile calling me profanity. I filmed it showed to HR. It happened twice. I know it's going to happen again on Monday. I don't know him. I think he might be the same employee from last year who asked me for my number. I said no. I'm worried my... View More
answered on Dec 7, 2024
Keep informing HR in writing each time it happens.
Sexual harassment has to be either severe or persuasive enough to change the terms and conditions of your employment. A single inappropriate touching likely meets that standard. One or two offense comments may not be enough depending on the... View More
My husband filed a Meal violation claim and has received a settlement offer. We would like to seek a lawyer before he accepts this settlement offer. He does not want to lose work opportunities due to this settlement. He filed a claim and they had a conference where he was offered a settlement... View More
answered on Dec 5, 2024
it would be reckless for any attorney here to give you the guidance you seek. This is the kind of question that can only be answered by an employment law attorney who can be allowed to understand the entire situation. You are going to need to seek out a specific, confidential consultation with a... View More
They are in wrong and are settling for the bare minimum.
answered on Dec 5, 2024
Certainly you can get an employment law attorney to look at the settlement. However, understand that such a job necessarily involves more than just looking at the document. To do such a job competently and in a manner to avoid malpractice claims, the attorney will necessarily have to review the... View More
I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More
answered on Dec 4, 2024
First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More
I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next... View More
answered on Dec 4, 2024
Sorry that you had your wages STOLEN by this apt owner. I hear about this all the time. Because you provided physical labor on the premises, you may also be entitled to file a mechanic's lein against the property. If you do, you have to be prepared to file a lawsuit to enforce it, however the... View More
I am a mechanic with three years of experience Southern California. I was hired onto this company with my own tools.
I recently brought up to management that I have provided my own tools and that I should be paid California minimum wage
Company does not provide me with any kind of... View More
answered on Dec 3, 2024
The short answer is probably not. The California minimum wage law for mechanics who provide their own tools does not apply to apprentices. According to 8 CCR § 11100, when tools or equipment are required by the employer or necessary for the job, the employer must provide and maintain them, except... View More
I was let go from a school district about 30 days ago and have not been paid my final wages. I talked to payroll and they said they were exempt from this as they are federally funded. Is this correct or will I need to seek legal counsel to receive my waiting time penalties?
answered on Dec 3, 2024
The short answer is probably not. If you were employed by a public school, you should not be entitled to waiting time penalties as Labor Code 203 is among the provisions that do not apply to governmental employers. Under Labor 200(b) Sections 200 to 211, inclusive, and Sections 215 to 219,... View More
As a public health worker and case manager, I have to drive to different residential addresses throughout the day. My old job reimbursed me for the mileage I expended, but my new job doesn't talk about it. There is nothing in the employee handbook that even brings up any such policy.
answered on Dec 2, 2024
You are entitled to reimbursement for all auto-related expenses when you use your own vehicle to carry out work-related actions. That is often done by paying you an amount of money per mile, but can also be straight reimbursement for gas, wear and tear, insurance, and the like. Just know that you... View More
I work on a hospital here in Los Angeles as a part time employee on 12 hrs shift, 36 hrs a week. I've been with them for almost 14 years and that's been my work schedule from the very beginning. But my employer suddenly decided to change my work schedule to 8 hrs a shift, 40 hrs a week... View More
answered on Dec 4, 2024
Your rights are governed by 2 different things. first there are the laws, which are found in the wage orders for your type of job, located on the Labor Commissioner website. You may be WO 4 as a professional. In the wage orders there are special rules that apply to "Health Care Workers."... View More
If staff members describe both ongoing bullying and a systemic lack of leadership structure to the board chair, and these have been documented in at least three staff /HR interviews, and the CEO has explicitly forbidden board-staff communications, what whistleblower or anti-retaliation protections... View More
answered on Nov 25, 2024
Labor Code 1102.5 protects employees, including non-profit employees, for reporting or opposing what they in good faith believe to be illegal conduct. Lack of leadership is not illegal, but bullying may be illegal if motivated by hostility toward a protected class or opposition to illegal conduct.... View More
If staff members describe both ongoing bullying and a systemic lack of leadership structure to the board chair, and these have been documented in at least three staff /HR interviews, and the CEO has explicitly forbidden board-staff communications, what whistleblower or anti-retaliation protections... View More
answered on Nov 25, 2024
First, employees of a non-profit are to be treated the same way as employees of a for profit enterprise. No difference.
Second, bullying in the workplace and a systemic lack of leadership structure are not unlawful unless you can prove the bullying is being targeted at you because you are... View More
answered on Nov 23, 2024
The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.
In California, if your employer has at least 5 employees, then... View More
We have 2 companies located in the same building. Can they work for one full time and part time for the other, the same day? Technically, doing 12 hours with 2 different companies.
answered on Nov 21, 2024
Yes, you can have the same employee work at two of your locations. The issue will be whether they will need to be paid overtime after they work 8 hours in a workday or 40 hours a workweek. That issue will be resolved by looking at the type of work, the level of control by you of the two... View More
We have 2 companies located in the same building. Can they work for one full time and part time for the other, the same day? Technically, doing 12 hours with 2 different companies.
answered on Nov 21, 2024
You will likely be sued for multiple wage and hour violations, including but not limited to unpaid overtime, meal and rest break violations, wage statement penalties, etc., unless there is a great deal of separation between the companies. The corporate form is not enough.
If the companies... View More
My final reason for termination was Job performance with the explanation of I left my shift early and did not tell anyone and that I was warned before. Yes I left my shift early did I tell anyone yes and I wrote on our Teaming schedule that I was leaving early like all others do and never get into... View More
answered on Nov 20, 2024
In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More
I work for a multi-billion dollar, global corporation in a manufacturing facility. I was recently diagnosed with ALS and have been working from home for several months. I made a formal accommodations request for a wheelchair accessible workspace and a hybrid work schedule (2 days in office/2 days... View More
answered on Nov 18, 2024
Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More
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