Get free answers to your Employment Law legal questions from lawyers in your area.
My employer currently reimburses mileage from my home, but would like to revise the policy to mileage paid from first customer and on. The thought process being that office employees are not paid mileage to come to work.
answered on Jul 23, 2024
As an outside sales representative in California, your mileage reimbursement policy is a significant concern. California labor laws typically mandate that employees be reimbursed for all necessary expenses incurred as part of their job duties. This generally includes mileage from your home to your... View More
For the past month we’ve been forced to manually enter all cards and now customers cannot leave us credit card tips as we are manually entering the cards.
answered on Jul 22, 2024
Under California law, your employer is required to provide you with the tools and equipment necessary to perform your job effectively. If the credit card reader is broken and not being fixed, it could be considered a failure to provide adequate tools for your job. This situation impacts your... View More
I reside in California and my domestic partner would like to add me to his job of 30 years health insurance plan. We were told he would have to change his plan to an HMO he has a PPO now. I am pretty sure if we were married he would not have to change his plan. As he had been married before, and... View More
answered on Jul 22, 2024
Under California law, health insurance plans provided by employers must treat registered domestic partners the same as spouses. If your partner's employer is requiring a change from a PPO to an HMO plan for adding you, it might be worth checking the terms of the insurance policy and the... View More
answered on Jul 22, 2024
If you fail to acknowledge a substance-abuse professional acknowledgment form after a shy bladder refusal drug test in California, you could face significant consequences. Refusal to acknowledge the form can be interpreted as non-compliance with workplace drug testing policies, which may lead to... View More
I work at a school as a teacher and want to start a side business of after school activities. I want to start these activities at the same school I am working at as an outside vendor. When I checked with the employer they said that they can’t do that since they can’t give a W2 and 1099 to the... View More
answered on Jul 20, 2024
You can indeed explore running an after-school activities business at the same school where you work, but it's crucial to address the legal and contractual aspects. As your employer mentioned, they cannot issue both a W-2 and a 1099 to the same person due to tax regulations. However, your... View More
I stayed in the back of the restaurant n also work in the field in the back to pay for rent at the end she was getting mad if we use water my friend work for more than a year 12 hours every day 6 days a week n they only gave her 100 a day if she was late 30min only 80 I also worked in the... View More
answered on Jul 20, 2024
You and your friend may be entitled to compensation for unpaid wages, meal and rest break violations, and other labor law violations. Under California law, employers must pay at least the minimum wage for all hours worked and provide proper breaks. The working conditions you described are not... View More
answered on Jul 6, 2024
If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.
But since you're asking this question, it's a safe bet that you are a party to the... View More
Essentially I did work at a company and got paid by the company. I also want to give a gift to a friend. Would it raise any flags that the friend I want to give the gift to is also the owner of the company I worked for?
answered on Jul 2, 2024
To answer this question, we need to consider several aspects of tax law and potential implications. Here's a breakdown of the key points:
1. Legitimate income:
First, it's important that the paycheck you received for work at your friend's company is legitimate income.... View More
my son works at dominos and they want him to work 4hrs take 30 min lunch clock back in for 15 min the clock out for the day
answered on Jul 2, 2024
In California, employers are required to provide a 30-minute meal break for employees who work more than 5 hours in a day. If the total work period is 5 hours or less, the meal break can be waived by mutual consent of both the employer and the employee. Since your son is working only 4 hours, he... View More
my son works at dominos and they want him to work 4hrs take 30 min lunch clock back in for 15 min the clock out for the day
answered on Jul 2, 2024
California Wage Law regarding fast food workers is located on the Labor Commissioner website, in the Wage Orders. Employees working with food fall under Order 5 – PUBLIC HOUSEKEEPING INDUSTRY. This wage order provides that two types of "break" are required: a "rest period"- on... View More
So sorry for being so rude , I’m actually Chinese and live in china now. I have taken a remote job on this app called Upwor*Talent since June. I work for a company as their translator.
Oddly, they chose to work via telegram , but not on Upwor*Talent, where I was recruited.I was told that... View More
answered on Jul 1, 2024
I'm sorry to hear about the situation you're in. Based on the details you've provided, this has several hallmarks of a common online job scam. Here are some key points and advice:
1. Red flags of a potential scam:
- Moving communication off the original platform... View More
Back in 2020. I filed an unemployed claim but wasn't sure I was eligible since I was self employed and have my own S-Corp. I filled out the forms retroactively. I inadvertently told EDD that no income was received by me for those 2 retroactive months. After I hit submit, I realized that I was... View More
answered on Jul 1, 2024
This is a complex situation that involves unemployment insurance claims, self-employment, and potential errors in reporting. Here's a breakdown of the key points and some general advice:
1. Potential incorrect filing: You filed an unemployment claim in 2020 as a self-employed... View More
Employee was assigned additional physical duties that were outside of her assigned tasks.
answered on Jun 30, 2024
To address this question, let's consider a few key points:
1. Employer liability: An employer can potentially be liable if an employee suffers a stroke at work, but it depends on the specific circumstances.
2. Workers' compensation: In California, most work-related... View More
I am reaching out because I am unsure if what my company is doing is legal or not.
answered on Jun 29, 2024
I can provide some general information about salary payments for employees in California:
1. Agreed-upon salary: Generally, an employer cannot unilaterally reduce a salaried employee's pay below the amount agreed upon in an employment contract or offer letter without the... View More
my son works at dominos pizza and they are trying to make him work from 4pm to 8pm take a 30 min break then work until 845 then clock out for the day is that legal?
answered on Jun 29, 2024
To answer this question accurately, we need to consider California's labor laws regarding meal breaks. Here's a breakdown of the situation:
1. Shift length: Your son's shift is from 4:00 PM to 8:45 PM, which is 4 hours and 45 minutes long.
2. California meal break... View More
My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More
answered on Jun 27, 2024
To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:
1. AB 2188 Overview:
AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and... View More
My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More
answered on Jun 27, 2024
I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how you might proceed:
1. Forms to respond:
There isn't a specific standardized form for... View More
My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More
answered on Jun 27, 2024
I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how to respond:
1. Forms to use:
The primary form you'll likely need is:
- Form B210A:... View More
My tumor causes dizziness and vertigo and I work in a noisy and bright senior activity center which triggers my illness. I want to file for unemployment based on my medical condition. I can meanwhile look for a job in my profession as customer service on a remote status which will not make be work... View More
answered on Jun 27, 2024
To address your question about filing for unemployment benefits in California due to your medical condition, here's a concise overview:
1. Medical condition as a reason for unemployment:
In California, you may be eligible for unemployment benefits if you had to leave your job... View More
answered on Jun 27, 2024
To properly address this question, we need to consider a few key points:
1. California labor laws
2. The specific employment agreement
3. The timing and extent of late payment
Under California law, employers are generally required to pay salaried employees their full... View More
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