I work for a company based in California that has under 5 employees. I often have to drive to the post office for work using my personal vehicle. I believe I should get reimbursed but I am unsure and my boss believes hw does not need to compensate me until after 20 miles one way.
Your boss is wrong. Labor Code section 2802 requires employers to reimburse travel expenses when it is not normal commuting to and from the regular place of business.
Whether the employer pays a mileage rate or simply reimburses you for your expenses, the employer has the legal obligation... Read more »
I work for a company in California that has under 5 employees. I work for an hourly wage, and under 40 hours a week. For work, we have a few sales expositions that are very far away from our office. For these weekend events, should I be clocking into work at the office and then driving to the event... Read more »
You should be paid for your driving time AND reimbursed for the travel expenses.
Good luck to you.
My son and I got extremely sick and i couldnt drive so my spouse took me in and had to call off work until I got out (we only have one car work knew about the situation.) They wrote him up for calling out even though we presented medical paperwork.
It depends on whether the employer has at least 50 employees. If your spouse is an employee with more than 12 months of service with the employer, and who has at least 1,250 hours of service with the employer during the previous 12-month period, then he is entitled to family and medical care leave... Read more »
Here is the statement on the application, but the last sentence confuses me. Since I am applying for a CA job and the misdemeanor conviction happened out-of-state. “Have you ever been convicted of a felony or misdemeanor, or do you currently have a felony or misdemeanor charge pending?... Read more »
Unless you are applying to a job in law enforcement or a national defense-related industry, such a question violates the Ban the Box law enacted recently in California. Businesses cannot ask for criminal history on an employment application. It can only ask that information of you AFTER it makes... Read more »
CA minimum wage went up to $13/ hr Jan 1, 2020 for companies with 26 or more employees. My branch does not have 26 employees, but there are well over 26 employees nationwide. I’m an exempt employee making $49,920 a year ($24/ hr). HR has told me I do not fall under the designated threshold.... Read more »
Yes, based on your "Facts," you are correct. However, whether you are an "Exempt" employee may be in issue. There are a few requirements for exemption from overtime, as as a "Management" Employee, beyond the double mim. wage requirement.
Re "Exempt" status, see: Labor Code, § 515, et... Read more »
I found my job avoid paying taxes on me I owe a lot to the irs now, they offered me stocks and shares 15,000 all for 4 years of my hard work then terminated me and squeeze me out the company without giving me any and forcing me to sign a severance agreement by 4pm the sameday or they were not... Read more »
Your rambling post raises many issues that require much more information before someone can give you reliable advice. Signing a severance agreement and receiving money in exchange for that agreement may mean you have walked away from most of your rights against this company. However, the prudent... Read more »
can a co worker go threw my phone off of work while I am under the influence of achocol with out my permission and then take pictures of what is on my phone to use it against me at work to get me suspended.
Your employer can act on any information it receives from any source to discipline you. There would be no legal case against the employer. As to the co-worker, suing a co-worker is rarely worth the time, money and effort, even if you had a meritorious claim. If that intellectual property should... Read more »
He signed off for it because I was not at my work place when the sheriff dropped it off.
Yes that is legal. When an employer receives a garnishment notice, the employee has no right to notification. The employer is legally required to process the garnishment order.
Good luck to you.
Also they said I get no severance package when it clearly states it in the contract that we do just wondering what I should do?
You need to raise the severance issue with your union representative. Any promises made in the collective bargaining agreement must be worked out through the union grievance process, not a court of law.
As to the unused PTO, try to get the union to assist you on that as well. Unless there... Read more »
trying to figure out if every day after 7th day starts out as OT hrs and DT over 8 or if a new week starts? my guys worked 13 days in a row 60 hrs 1st wk and 62 2nd. im clear on the over 8 in a day or more than 40 in a wk is OT and over 8 on 7th consecutive day is DT (& over 12 in a day is DT).... Read more »
Overtime is determined by the number of hours you work in a workday, and the number of days you work in a workweek. It is not determined by the number of days in a row that you work, unless you work seven consecutive days in a workweek.
A workweek is a designated seven day period of time.... Read more »
I started working for a medical company and when I first started they had outdoor cameras and was never asked if I could be recorded 4 years later. I was force by my employer to consent to video recordings. Due to a theft they had they forced all employees to sign a consent. Prior to this they had... Read more »
Yes. The employer has the right to tell you sign it or be fired. Good luck to you.
Per my contract, I receive $3,500 per month salary through a payroll company. I also receive 8%-10% of my employer’s commission which has been paid via 1099 since I started years ago. My tax lady said this is wrong because I should be getting paid through payroll for the 8-10% I receive. My... Read more »
Many possible issues with your payroll arrangement. Without more facts, it's hard to determine the specific issues. However, the Employer is most likely in Breach of your Employment Contract, as I doubt the Contract contemplates any deductions from your pay for Employer payroll costs.... Read more »
I have been late a lot to work due to inability to keep a regular sleep schedule and because of the distance to my house to the office, but i have ZERO write ups, only just verbal warnings about my attendance. I have experienced verbal abuse from one of the supervisors as well which inevitably... Read more »
A California employer has no duty to give you any kind of warning prior to terminating you for any reason at all. Unless you are in a union that has negotiated something different, there is likely no recourse for you when you claim is you did not get proper warning before being fired.
Good... Read more »
Far more would need to be known about the nature of the documents and other facts that would provide context for this question. Generally, signing someone else's names or initials when permission to do so has not been given is, essentially, forgery.
Good luck to you.
Her unjust evaluation of my performance will cost me employment in the second largest school district in the nation. I am very clearly treated differently than other employees. Although she has requested certain things from me when it comes to my performance, I have done all that she asked for and... Read more »
One thing you can do is go to the California Department of Fair Employment and Housing (DFEH) website and file a claim of discrimination if you think you are being treated differently than other female employees. Cut and paste this link into your browser: https://www.dfeh.ca.gov/
You can... Read more »
for 12 years I had to meet strict guidelines of how I used or didn't use paid time off,I was not compelled to use my time if I choose not too,save it,use it I decided I was not forced too, even if I called out ill, I still decided if it was used or not...on my behalf, paid or not paid........
Your employer cannot compel, or force, you to use your vacation time if you are otherwise entitled to sick leave. Vacation time is yours, and you cannot be compelled to use it for anything other than vacation time. If you get sick, then use your sick time. That is what it is for.
Having... Read more »
You should start by consulting an employment lawyer who represents employees only, if the matter is related to your work. Otherwise, you have not provided enough detail for me to try to refer you to a different kind of attorney. You can go to the San Joaquin County Bar Association's lawyer referral... Read more »
Job Offer Contract States: "Termination: Two(2) weeks written notice, to be given by either party. The Company reserves the right to pay your salary in lieu of notice. Your employment with [Employer] is at-will and either party can terminate the relationship at any time with or without cause."
Yes. A mandatory two week notice provision, even in an at will agreement, converts the agreement to a term agreement upon the giving of notice, giving you a contractual right to be paid for the additional two weeks whether you work them or not.
Good luck to you.
As an employer, absent an employment agreement or collective bargaining agreement to the contrary, you can terminate an employee at any time and for any reason or even no reason at all, and you can do so in any manner that makes the employee aware of the action. You can fire someone by email if... Read more »
It appears that your post is some kind of follow up to a prior question and answer, but standing alone provides us with no way to know what you are talking about. Please repost and provide some context if you wish to get a helpful answer.
Good luck to you.
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