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California Employment Law Questions & Answers

Q: Awarded full year of back pay from my job over a year & a half ago and still get no answers or explanation.

if there anything I can do to make them honor my Arbitration award for my back pay? They've done others since I've started my process also, but mines for some reason is in limbo.

Neil Pedersen answered on Aug 23, 2019

An arbitration award does not, by itself, mean you get paid if the employer does not voluntarily pay it. You have to take that award and enter it as a judgment in the Superior Court, and then start efforts to collect that judgment. This takes time and money. It would be wise for you to locate an... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law and Workers' Compensation for California on

Q: Awarded a year of back pay from my job 2018 with everything included ( OT, holidays , sick leave) Now no answers.

I've filed grievances and went to my Congress person but nothing has moved yet. Its been over a year and a half with no explanation .

Neil Pedersen answered on Aug 23, 2019

Many people do not understand that when they win a claim for wages in an action, either in court or in an administrative agency, the award still needs to be collected. That means if the other side does not voluntarily pay, you have to take your award and start collection efforts, i.e., finding... Read more »

1 Answer | Asked in Employment Law for California on

Q: Can a employer hold a scheduled paycheck with informing employee of why?

My daughter is employed with a security company on 08/10/19 she was contacted prior to her shift and told not to come in there were going to change her site since then she has called HR several times to find out what's going on her paycheck which was due last Thursday via direct deposit was never... Read more »

Neil Pedersen answered on Aug 20, 2019

In California an employer must post its regular pay days and must pay on those posted days. A failure to do so is a violation of the California Labor Code. However, the Labor Code fails to include any specific remedies for employees who are victims of this violation if the violations are not part... Read more »

1 Answer | Asked in Criminal Law and Employment Law for California on

Q: What can I do if my boss physically assaulted me at work multiple times?

he's slapped my face twice and hit me in the back of the head.

Neil Pedersen answered on Aug 18, 2019

It is a crime to physically assault another person. It is also a civil tort, giving rise to a right to sue for the damages associated with the assaults. From an employment law perspective, your employer has an affirmative legal duty to provide you with a workplace free of violence.

Report...
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1 Answer | Asked in Employment Law for California on

Q: Can I demand compensation from previous employers after working more than a 6 hour period with no breaks given?

**Key Facts**

- I got fired from this job recently so I do not currently work there.

- Every shift I worked were BEYOND 6 hours.

- We did not have an acting manager on the floor to issue breaks consistently. We had lead servers that acted like managers. I would be offered... Read more »

Neil Pedersen answered on Aug 17, 2019

The best move for you now if you wish to pursue claims for wage penalties associated with meal or rest periods that were not provided is 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... Read more »

1 Answer | Asked in Employment Law for California on

Q: If my relieving date at current employer and joining date at future employer overlap, is that going to be dual employmet

If I leave my current employer in the morning 7 AM (as in submit everything, send the laptop out and send farewell email) and join my future employer at 10 AM, is that going to be considered dual employment?

Neil Pedersen answered on Aug 16, 2019

If you leave one employer's employment before starting at the next employer, that will technically not be dual employment, however what really matters is what the new employer believes. Good luck to you.

1 Answer | Asked in Employment Law for California on

Q: Am I able to get compensated for all the times I worked beyond 6 hours with no breaks offered?

I recently got fired from my job as a waiter at a Japanese restaurant in California. I am a little bitter and I know for a fact that they have been breaking labor laws for a while now. According to California law, employers have to issue a 30 minute meal break that cannot be waived. Every day I... Read more »

Neil Pedersen answered on Aug 16, 2019

Your understanding of the law is mistaken. However, you may be entitled to compensation nonetheless

As a non-exempt employee, your employer had an obligation to provide you with a reasonable opportunity to take a ten-minute, on-the-clock, uninterrupted, duty-free rest period for every four...
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1 Answer | Asked in Business Law and Employment Law for California on

Q: We have to layoff our only empl because of finances, but she's on maternity leave... what's the best way to handle this?

We are essentially closing the company, leaving only our online/digital product offerings available and have let all contractors go. She is our only employee and we simply can't afford to keep her. I'm not sure the best way to do this to ensure we don't affect her paid family leave through the... Read more »

Pahoua C Lor answered on Aug 15, 2019

This is not an easy scenario. If the company is truly closing and you can't afford to keep her, your reason for letting her go seems justified or based on necessity. However, if there are still employees at the company (I mention this because you state that you are still maintaining... Read more »

2 Answers | Asked in Employment Law and Divorce for California on

Q: My husband hired the best friend of the woman he had an affair with to work in our office. She has access to financial

Info. Can I fire her even if he doesn't want to? I think it's a conflict isnt it?

Neil Pedersen answered on Aug 14, 2019

Whether you have the authority to fire this person is something that no one here can know without a lot more information. Her employer, or an authorized representative of her employer has that power. More would therefore need to be known about the form of the business, your and your husband's... Read more »

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1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: My employer has drastically lowered my hourly rate for the second time without warning. Said payroll made a "Mistake"

I have copies of pay stubs and four months ago I negotiated a raise for myself since my company had took over operations where I live and the pay was here locally was higher. I was countered with a better rate and now four months later it is now a "mistake." No effort will be made by employer... Read more »

Louis George Fazzi answered on Aug 13, 2019

You should go to the Labor Commissioner's website and file a wage claim. Start by cutting and pasting the link into your browser here: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

Follow through with that process. The Labor Commissioner's job is to make sure all employees get the...
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1 Answer | Asked in Employment Law for California on

Q: Should my employer lay me off at my request following lengthy medical leave?

I have been off for over a year due to spine surgery and subsequent difficulties.My neurosurgeon states I am not able to return to that work currently and is unsure how long before some of my difficulties will be improved enough to return. I sent my boss an email on June 28th giving her my medical... Read more »

Neil Pedersen answered on Aug 10, 2019

More would need to be known about your situation before someone could give you solid advice upon which you can rely. When you are incapable of performing your regular job, even with modification of the way you normally perform the duties of that job, the employer is required to place you on a... Read more »

1 Answer | Asked in Employment Law for California on

Q: I submitted a wage claim and received a “Notice of Claim” but no conference and demand of payment. What can I expect?

I submitted a wage claim against my previous employer and included pages and pages of evidence (altered time sheets without permission and text message conversations with supervisor where she clearly admits to reducing my earned overtime hours without my permission, etc.). I received a letter from... Read more »

Neil Pedersen answered on Aug 8, 2019

You need to take that form to an attorney or the DLSE to get an explanation. Without looking at the documents it would be very difficult for anyone to give you sound advice about the status of your claim. Good luck to you.

1 Answer | Asked in Employment Discrimination and Employment Law for California on

Q: Identifying as a person with disabilities I feel that I have been subject to harassment and bullying

I have gone to my local union with no actions to follow with my grievances that have been filed I have also reached out to my work Ethics Hotline my situation involves a director of my department my supervisor as well as an HR Manager

Neil Pedersen answered on Aug 8, 2019

There is not much in your post to give us an idea of what you are looking to learn from our response. If you are looking for an attorney to reach out to you to represent you, that is unfortunately not the purpose of this Q&A site.

It is unlawful to engage in harassing conduct based on...
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1 Answer | Asked in Employment Law and Workers' Compensation for California on

Q: I’ve been working at Ross for 10 years now and am getting paid $1 more than a new employee. I haven’t received my annua

I have been working at Ross for 10 years now and am only getting paid $1 more than a new employee. My last annual review was about 5 years ago. They keep saying my pay is maxed out. But it’s all so shady. My coworkers working the night shift along with me have NEVER had a single review or raise.... Read more »

Neil Pedersen answered on Aug 7, 2019

Unfortunately, as long as you are paid at least the minimum wage, and unless you can prove the refusal to pay you more is because of your membership in a protected class of people, you really have no meritorious legal claim for not getting a raise. No employer has a right to a raise, unless the... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on

Q: I need help with retaliation from my employer Amazon for asking for medical accomm req

They are making my work assignment so I will get fired

Neil Pedersen answered on Aug 7, 2019

Unfortunately this Q&A site is not the place to solicit an attorney to assist you. It is important that you quickly 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 site, or... Read more »

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1 Answer | Asked in Employment Law for California on

Q: When I was hired I was told that I would get 1 weekend off a month but haven’t had a scheduled weekend off in 10 months

I brought it to the attention of 3 different managers and was given pretty much the same answer which I then argued the point that “ other employees haven’t had to do this to get a weekend off so why do I?

Neil Pedersen answered on Aug 7, 2019

Your employer has no duty to give you the time off that you requested, even if they told you prior to employment that you would be given that time off. An employer is allowed to change the terms and conditions of employment at any time and for any reason or even for no reason at all when the... Read more »

1 Answer | Asked in Banking and Employment Law for California on

Q: There were overdraft fees charged by my bank due to bounced check from the employer. Can I ask employer to pay the fees?

The paycheck was around $1,800 and it was bounced. Due to that fact, bank charged me $35 of penalty. Also, there were few overdraft charges due to unannounced and bounced paycheck.

Bruce Alexander Minnick answered on Aug 7, 2019

Yes, you can ask your employer to reimburse you. However your employer may not do it.

2 Answers | Asked in Employment Law for California on

Q: I was working as a security officer. And my boss did not pay me for overtime, even though she was paid overtime for me.

And to make it worse, she shorted me more and more every check. What can I do?

Neil Pedersen answered on Aug 6, 2019

You have several options.

One is that you can, and should, speak to your employer about this shortage in your pay. Try to work it out with the employer.

Another option is to hire an attorney to write a demand letter for you. That can sometimes work.

Another option is to...
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1 Answer | Asked in Employment Law for California on

Q: I was employed with SP trans for seven years 1974 thru 1981. Am I eligible for retirement benefits? I did not resign.

Neil Pedersen answered on Aug 6, 2019

If you were in a union, contact the union to find out. If not, contact the company HR to find out. Good luck to you.

1 Answer | Asked in Employment Law for California on

Q: Employer held back the sales commission to be paid at the end of the year

Employer held back the sales commission to be paid at the end of the year

i have two parts to incentive pay out:

# 1 - % of profit paid at end of the quarter of signing

# 2 - % of revenue - paid at the end of the year. (Dec 31)

There are 15 criteria to earn the... Read more »

Neil Pedersen answered on Aug 5, 2019

This site is not suited to provide or receive specific case advice. It would be a very smart move for you to bring your contract and any documents supporting your claim to this money to an employment law attorney who can learn all of the specifics of your situation and then give you confidential... Read more »

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