Get free answers to your Employment Law legal questions from lawyers in your area.
I work for an Amazon freight partner. (Class A Driver) Amazon has a habit of changing our arrival times while we are driving. If we planned to get fuel, or stop for lunch, we end up being late. They have a training telling us to plan our routes accordingly, then change them in the middle of our... View More 
answered on Sep 9, 2024
It is never okay for an employer to punish an employee by taking away earned pay. If that is what you mean by docking pay, the employer is engaging in unlawful activity. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your... View More
At work I supposedly received a final warning. I found it on my record. But I didn’t get an email or I didn’t sign any paperwork. Is this discipline valid??
answered on Sep 5, 2024
Yes, it is "valid." If the employer wants to put a final warning in your file without telling you, it may do so. What effect that would have would depend on things that have not yet happened in the future. As unfair as it seems the employer can put all sorts of documents into your file... View More
I am a service technician for the Bay Area. My job is to travel to people’s house and repair their appliances. I started my job in 2023 and they made me sign a contract stating I would not receive mileage reimbursement. However, my boss and I had a verbal agreement that he would reimburse me. I... View More
answered on Sep 5, 2024
You are entitled to be reimbursed all expenses you incur to do your job. When you use your own vehicle, that means your employer must not only reimburse you for mileage, but also for the wear and tear on the vehicle, including the pro rata portion of your expenses for vehicle maintenance,... View More
answered on Sep 3, 2024
The answer to your question depends on whether the sick pay was the required sick pay under the Healthy Workplace Families Act (California sick pay statute) or under a separate employee benefit. Some companies offer more than what the state requires, and as to that sick leave, the company can set... View More
My employer allows its employees to take their vacation before it is actually earned or accrued. Last month I took my three weeks vacation before I had actually earned all of it. I quit my job this month and my employer deducted all of the unearned vacation days that I had taken from my final... View More
answered on Sep 1, 2024
The only way an employer is lawfully allowed to take money out of a paycheck, and especially a final paycheck, is if there is a written agreement whereby you have given the employer the right to take the money, or for lawful government withdrawals/deductions. If you signed any kind of agreement... View More
My employer allows its employees to take their vacation before it is actually earned or accrued. Last month I took my three weeks vacation before I had actually earned all of it. I quit my job this month and my employer deducted all of the unearned vacation days that I had taken from my final... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2024
The California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement, has an excellent informational page on its website that answers most questions an employee may have regarding paid vacation benefits provided by their employer. Here is the link:... View More
small business in California, 1 employee total.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024
California’s wage-hour laws, including those regarding minimum wages and overtime pay, apply to all employers, regardless of size.
The general rule under the law is that every employee is presumptively entitled to the benefits of the minimum wage and overtime laws. The employer,... View More
First of all, I did not receive proper training at this place. The manager was off to a vacation for 2 weeks and the owner maybe had 5 minutes training with me. So, I just asked my fellow employees to teach me. Second, for some reason the owner started to show different attitudes toward me. She... View More
answered on Sep 9, 2024
First, your employer has no legal duty to train you unless the training has to do with dangerous conditions in the workplace as required by OSHA. If the issue is how to do your job, your employer can simply leave you untrained, and then discipline or terminate you for any reason or even no reason... View More
My sibling and I work at the same company. Whenever my supervisor can't get in touch with them, they reach out to me to speak to my sibling. They even go as far as talking about my sibling's disciplinary actions with me. My sibling and I work in different departments and are essentially... View More
answered on Sep 9, 2024
There is no law that prohibits your supervisor from speaking to your sibling about things other than inherently private information, like heath issues. Discipline is not inherently private and can be discussed amount management and employees. Please beware, the other answer provided was... View More
In a normal 10 hour workday, 5 hours were sick leave, 5 were normal pay, and I ended up working 15 minutes OT. My timesheet reflected that. Boss says since I used sick leave, I couldn't claim the OT and had to lessen my SL use for the day to 4.75 hours, and then have 5.25 hours or normal pay.... View More
answered on Sep 6, 2024
You are only entitled to OT when you actually work more than 8 hours in a day. If less than 8 hours are worked, you have no right to OT, even if your total hours exceed 8 hours when you add on sick pay. The other response you have received that suggests to the contrary is AI generated and is wrong.... View More
I have PTSD disability that can cause me to have brain fog now and then so at times during work meetings regarding my professional development and my work ethic, I turn on Transcriptions so that I can better follow along with their words which will help me also better understand and retain the... View More
answered on Sep 4, 2024
To protect yourself, get a doctor note that discusses your restrictions and the accommodation of using transcription to address that restriction. Give that note to your employer. That note will trigger a legal obligation to work with you to find a way to make it possible for you to do the... View More
After i filled the lawsuit the retaliation begin to happen from my boss then i reported it to HR and a few weeks later i was fired. The lawsuit was closed and the verdict was that i was permanently disabled i had requested to be on leave and was denied . What can i do
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2024
Your best option is to contact your nearest County Bar Association and ask for a referral to a competent employment law plaintiffs' attorney. Your situation will require that an attorney meet with you to gather and analyze all of the relevant facts and documentary evidence available before... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2024
Traditional “non competes” are agreements that purport to restrain an employee from working for a competitor, from soliciting customers, from soliciting former co-workers for employment, or from engaging in otherwise lawful conduct that a business may consider competitive and therefore harmful... View More
My old employer agreed to settle and instead of receiving a settlement check I received a payroll check instead for way less than agreed upon
answered on Aug 28, 2024
Keep in mind that you need to look at the gross amount of the check, not the net amount after tax deductions are made. It is the gross amount that determines if you have been paid appropriately. Generally cashing a check does not mean you are in agreement with the amount of the check unless there... View More
I recieved a notice that a business i wored for is being sued. but not heard anything back in almost a year. J lost the notice
answered on Aug 28, 2024
If you know which courthouse the lawsuit was filed in, you can look online into the Register of Actions for the courthouse to find the case using the name of the defendant as your starting point. Also, certain paid database searches can allow you to find the case by searching on the name of the... View More
I use to work for this company and I was told by a friend that now works for the company told me that that she seen a video of me in it and showed it to her. The company did not have my consent I also didn’t sign no contract or agreement that any pics or videos will be used for any purposes
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024
You may have a valid concern regarding the use of your image without consent. In California, using someone's likeness for commercial purposes without their permission can be a violation of their right of publicity. This right protects individuals from unauthorized use of their name, image, or... View More
The amount they’re offering is random since I was never able to clock in and out, let alone clock in any overtime being that I was exempt. If I file a claim, will I receive the full amount to meet the minimum exempt salary required by California? According to my employer they only owe me the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2024
If you weren't paid the required minimum salary as an exempt employee, you have the right to file a claim to recover the unpaid wages. Under California law, an exempt employee must receive a minimum salary, and if your employer fails to meet this requirement, you may be entitled to the... View More
I am a resident of Orange County, California, and my job involves both commission and hourly wages. Occasionally, customer interactions would extend into my lunch break, and my manager explicitly told me to clock out and to continue helping the customers until they left the store. He was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2024
You may have a strong case under California law. California has strict labor laws that protect employees from being forced to work during their meal breaks without compensation. The law mandates that employers provide a 30-minute meal break for every five hours worked, and this break must be... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024
At-will employment means that an employer can terminate an employee at any time, for any reason, or for no reason at all, as long as it is not illegal. Similarly, an employee can also leave their job at any time without needing to provide a reason or notice. This arrangement is common in California... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024
If you're currently on FMLA and CFRA and not ready to return to work after 12 weeks, you have a few options to consider. One option is to apply for an extension of your leave through your employer, although this is not guaranteed and depends on your company's policies. It's essential... View More
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.
