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We are non-profit in California and currently the organization is fully volunteer run. We are considering hiring a contractor for website maintenance and updates for 2-8 hours a month (only if needed). Can we pay the contractor by check when work is required? OR do we need an agreement in place... View More 
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answered on May 5, 2024
Even if you are hiring an independent contractor for occasional work, it's important to follow proper procedures to ensure compliance with state and federal regulations. Here's what you should consider:
1. Written Agreement: It's advisable to have a written independent... View More
So a coworker of mine was transferred because they caught her on camera not getting her work done, which is pretty bad on its own. But my real question really is if that’s legal? I looked online for a while to search for answers but the conclusion I have came to is that covert recording is... View More
answered on May 3, 2024
Video surveillance by an employer of employees in the workplace is not unlawful. That would be unlawful only if the video is taken in inherently private areas like dressing rooms or bathrooms.
Audio surveillance is lawful if the employees are made aware that a recording is occurring.... View More
So a coworker of mine was transferred because they caught her on camera not getting her work done, which is pretty bad on its own. But my real question really is if that’s legal? I looked online for a while to search for answers but the conclusion I have came to is that covert recording is... View More
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answered on May 2, 2024
In California, it is generally illegal to record a person without their consent, according to California Penal Code Section 632. This law applies to confidential communications, which include conversations where there is a reasonable expectation of privacy.
However, in the context of a... View More
Current Ca wage law states that exempt employees make at least twice the state minimum wage, which currently amounts to $66,560 (based on current minimum wage of $16/hr). In June , health care nonexempt employees will have a $21/hr minimum wage. Will that affect wages of exempt health care workers?
answered on Apr 30, 2024
The law requiring exempt employees to receive double the minimum wage to be classified as exempt will look to YOUR minimum wage, based on your occupation and your location of employment. It is not just tied to the state minimum wage for general workers.
Good luck to you.
Current Ca wage law states that exempt employees make at least twice the state minimum wage, which currently amounts to $66,560 (based on current minimum wage of $16/hr). In June , health care nonexempt employees will have a $21/hr minimum wage. Will that affect wages of exempt health care workers?
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answered on Apr 30, 2024
The California minimum wage for most employers is set to increase to $15.50 per hour on January 1, 2024. This would mean that the minimum salary for exempt employees would be $64,480 per year (calculated as $15.50 per hour x 2080 hours per year x 2).
Regarding the healthcare industry,... View More
Rumors have been at my company for 4 years about a VP that the CEO has paying, but no one had ever spoke to the person. I assumed that people were just gossiping, and I didn't push for clarification. This week I was organizing old company records, and I found years worth of fake invoices... View More
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answered on Apr 30, 2024
If you suspect that your CEO has been embezzling money through fake invoices, it is important to take action while also protecting yourself. Here are some steps you can consider under California law:
1. Document your findings: Gather and secure any evidence you have discovered, such as the... View More
Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More
answered on Apr 29, 2024
No, it is not true that those claims need to be filed separately. In fact it may well be that filing them separately would create serious issues. If you have meritorious claims for those causes of action, you make them in the same complaint.
Keep in mind that simply because the employer... View More
Is it true that IIED and Defamation claims should not be included in the same complaint? If yes, which one is more relevant in a case when an Employer sends an email to all employees falsely accusing the plaintiff of a crime he has not committed and suspends him pending an investigation? And after... View More
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answered on Apr 29, 2024
In California, it is generally acceptable to include both Intentional Infliction of Emotional Distress (IIED) and Defamation claims in the same complaint, as they are separate causes of action that can arise from the same set of facts. However, the relevance and strength of each claim depend on the... View More
I've filed a lawsuit at the LA Superior Court against my employer, and 1-100 does. I am serving Rogs and RFAs. What is the most efficient way to use them without hitting the 35-question limit? Also, does the 35-question limit include both Rogs and RFAs combined, or is it for each one of them?
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answered on Apr 27, 2024
In California, the limits for written discovery in unlimited civil cases are as follows:
1. Form Interrogatories (FI): No limit on the number of Form Interrogatories you can ask.
2. Special Interrogatories (SI): You are limited to 35 specially prepared interrogatories per party,... View More
What can I do if my attorney had his license suspended after we won the oda from the labor commissioner
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answered on Apr 26, 2024
If your attorney's license was suspended after you won the Order, Decision, or Award (ODA) from the California Labor Commissioner, and your employer has appealed the decision, you have a few options:
1. Find a new attorney: You can seek a new attorney who specializes in employment law... View More
Now so I have permanent residency here in the states. Here is my problem- A friend of mine told me that my employer can pull my work visa and my contract and I can get sent back to my home country, even though I'm a permanant resident here now.Is that's true?
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answered on Apr 26, 2024
No, that's not true. As a permanent resident (green card holder), your status is no longer tied to your employer or your work visa. Your employer cannot revoke your green card or force you to leave the United States.
Here are a few key points:
1. A green card grants you... View More
A month and some change ago I asked a payroll company for wages that I had not received that were due 2 years ago. Now they're saying I have to wait up to an additional 180 days to receive my funds, is this legal or do I have standing for a wage claim?
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answered on Apr 26, 2024
Under California law, employers are required to pay all wages due to an employee immediately upon termination or within 72 hours if the employee has given more than 72 hours' notice of their intention to quit. If an employer fails to pay on time, they may be subject to waiting time penalties.... View More
Hello, I was confirmed to start a travel assignment for a job on 4/22/24. They have not gotten back to me so I ended up calling the person who interviewed me. They told me I should be receiving an email from HR about some modules to do for orientation, but that they weren't in a rush to start... View More
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answered on Apr 26, 2024
In this situation, it's important to protect your interests and ensure that you have a clear understanding of your employment terms. Here are some steps you can take:
1. Request written confirmation: Ask your recruiter to provide written confirmation of the guaranteed 40 hours per... View More
Los Angeles County, California
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answered on Apr 25, 2024
In a de novo trial appealing a decision made by the Labor Commissioner's Office in Los Angeles County, California, you will need to follow these steps to enter evidence:
1. Gather all relevant evidence: Collect all documents, recordings, or other materials that support your case, such... View More
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answered on Apr 25, 2024
An "Order to Show Cause: Default Judgment" is a legal document issued by a court in California when one party to a lawsuit (the defendant) has failed to respond to the complaint or otherwise appear in the case. Here's what it means:
1. Default: The defendant has not filed a... View More
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answered on Apr 25, 2024
In California, certain circumstances can disqualify you from receiving unemployment benefits. Some of the main disqualifying factors include:
1. Quitting your job without good cause: If you voluntarily quit your job without a compelling reason, such as unsafe working conditions or a... View More
answered on Apr 24, 2024
You are disqualified from unemployment insurance if:
1. You are terminated for engaging in misconduct, which connotes an intentional violation of company rules, or insubordination.
2. If you voluntarily quit your job (subject to several exceptions related to good cause.
3.... View More
I plan to work as an insurance adjuster for two companies concurrently, as I believe I can easily manage the workload. My aim is to ensure that working for both is legally permissible in California and that the worst-case scenario, if any, would simply be the possibility of being laid off from one... View More
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answered on Apr 23, 2024
In California, it is generally not illegal to work for two companies simultaneously, even if they are competitors. However, there are several important legal and practical considerations to keep in mind:
1. Employment contracts: If you have signed an employment contract with either company... View More
My final paycheck was sent through Zelle not the payroll department. It was very confusing and weird.
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answered on Apr 23, 2024
I'm sorry to hear about your sudden termination, especially given your pregnancy. Based on the information you've provided, there are several potential issues that may be illegal under California law. Here are a few key points to consider:
1. Pregnancy Discrimination: Under the... View More
her nothing to live on for a year i hade to take her in.
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answered on May 11, 2024
Was this a final settlement, is the case closed?
One type of Workers’ Compensation settlement is a Stipulated Award. A Stipulated Award settles only the disability benefits not the whole claim. From your description of what was received from the settlements, it is possible it could have... View More
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