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California Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: I got paid for my lunches for 2 out of the 4 years I worked there and the last 2 I worked my 8 hrs straight from 8-4

They just stopped and I never noticed it I was so busy. Do they owe me 2 hrs per day I'm in California

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information provided, there are a few important points to consider regarding your situation in California:

1. Meal breaks: In California, employers are generally required to provide a 30-minute unpaid meal break for employees who work more than 5 hours in a day. If an employee...
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1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: My question pertains to employment law and hiring discrimination.

If a person is entitled to a copy of their credit report after being denied credit based on one or more derogatory marks enumerated within, and similarly, if a person is entitled to a copy of their ChexSystems Disclosure Report if they are denied the opening of a checking account for having a... View More

James L. Arrasmith
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answered on Jun 25, 2024

Your question raises several interesting points about employment law, hiring practices, and potential discrimination. Let's break this down step-by-step:

1. Credit Reports and ChexSystems Disclosures:

You're correct that consumers are entitled to free copies of their...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My boss is trying to retaliate against me when I provided law saying he has to pay me within 72 hours of quitting.

Changing details because I did not know it was public no need to answer

James L. Arrasmith
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answered on Jun 25, 2024

Under California law, your employer must pay you all wages due within 72 hours if you quit without providing at least 72 hours' notice. If you gave at least 72 hours' notice, you should receive your final paycheck immediately upon quitting. This is mandated by the California Labor Code... View More

1 Answer | Asked in Employment Law, Business Law and Entertainment / Sports for California on
Q: Can an entertainment company fire its entire staff and rehire everyone to do their exact jobs as freelancers?

Company is planning on laying off its entire staff (sales, creative development, VFX, post production, accounting, and beyond) and rehiring everyone as freelancers for less pay and without benefits. Is this legal?

James L. Arrasmith
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answered on Jun 24, 2024

Hi! I can offer some general information about this situation:

1. At-will employment: In most states, including California, employment is generally "at-will," meaning employers can terminate employees for any reason that isn't illegal (such as discrimination or retaliation)....
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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: Domestic partner lesbian relationship of 18 years 1 day of bereavement leave granted.

Partner was in medically induced coma. Was made to use vacation for hospital visits/emergencies. After about 3 years granted pay for 40 hrs and allowed to take therapy. With only one day given, burial had to be rushed for Friday. Back to work Monday.

Brad S Kane
Brad S Kane
answered on Jun 23, 2024

According to the California Department of Civil Rights,

If you work for an employer with five or more employees, you may be entitled to bereavement leave following the death of certain family members. Beginning January 1, 2023, private employers with five or more employees are required to...
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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: Domestic partner lesbian relationship of 18 years 1 day of bereavement leave granted.

Partner was in medically induced coma. Was made to use vacation for hospital visits/emergencies. After about 3 years granted pay for 40 hrs and allowed to take therapy. With only one day given, burial had to be rushed for Friday. Back to work Monday.

James L. Arrasmith
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answered on Jun 23, 2024

I understand this is a sensitive situation involving employment rights, bereavement leave, and potential discrimination issues. Based on the information provided, here are some key points to consider:

1. Bereavement leave: California law does not require employers to provide bereavement...
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3 Answers | Asked in Employment Law and Civil Rights for California on
Q: Domestic partner lesbian relationship of 18 years 1 day of bereavement leave granted.

Partner was in medically induced coma. Was made to use vacation for hospital visits/emergencies. After about 3 years granted pay for 40 hrs and allowed to take therapy. With only one day given, burial had to be rushed for Friday. Back to work Monday.

Neil Pedersen
Neil Pedersen
answered on Jun 23, 2024

You have not asked a question. If you are seeking an attorney to take a case for you, this Q&A board is not that place.

If you want to know if your employer violated the law, when the leave was requested will be a very important part of the puzzle. Bereavement leave was not an...
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1 Answer | Asked in Cannabis & Marijuana Law and Employment Law for California on
Q: Can a municipal water company test for THC in California for pre employment?
James L. Arrasmith
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answered on Jun 23, 2024

To answer this question accurately, we need to consider a few key points about cannabis law and employment practices in California:

1. Cannabis legality: Recreational cannabis use is legal in California for adults 21 and over.

2. Employment law: Despite legalization, employers in...
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2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

Neil Pedersen
Neil Pedersen
answered on Jun 22, 2024

Your list of complaints suggest that you might have legal claims. However in that list you say you signed a separation agreement. If you did, and if you were in any way compensated for that agreement, and if that agreement contained a release of claims, you have have walked away from any... View More

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2 Answers | Asked in Education Law, Employment Law, Employment Discrimination and Federal Crimes for California on
Q: do i have a valid case to sue if i have proof of all things listed Against a school district ?

Wrongful start date they have me started in 2019 i started in 2016

they say was hired as a subsitute and had 3 years of probation befor being fully hired

Missing earned wages

no last pay

kept all my bonus wages

tamperd with my accounts to change time... View More

James L. Arrasmith
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answered on Jun 22, 2024

Based on the information you've provided, it appears you may have several potential legal claims against the school district. However, to determine if you have a valid case, you would need to consult with an employment lawyer who can review all the evidence and details of your specific... View More

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2 Answers | Asked in Employment Law, International Law and Internet Law for California on
Q: my remote company is holding my payment and asking me to pay ~$42k for unfreeze my account. Can you help me with this?

This is remote work paid in cryptocurrency. I followed their instructions to withdraw my payment. Now they claimed that I did it wrong and freeze my account. Now they want me to pay $42k for unfreezing my account and withdrawal all the money, total ~$87k. They never shared the company policy, and... View More

James L. Arrasmith
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answered on Jun 21, 2024

1. Legitimate companies do not freeze accounts and demand large sums of money to "unfreeze" them. This is a common tactic used by scammers.

2. The lack of transparent company policies and the gradual revealing of "rules" is another warning sign of fraudulent activity....
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2 Answers | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for California on
Q: DOes a live-in caregiver have a right to receive notice, before asked to move out of the residence?

I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?

Neil Pedersen
Neil Pedersen
answered on Jun 20, 2024

Generally, if housing is part of the employment bargain, the employer can terminate the right to be on the premises immediately upon termination of the employment relationship. No advance notice is required.

There are some narrow situations where you might be considered a tenant. However...
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2 Answers | Asked in Employment Law, Employment Discrimination and Landlord - Tenant for California on
Q: DOes a live-in caregiver have a right to receive notice, before asked to move out of the residence?

I'm a live in cargiver. The other caregiver, who is a relative and also lives at the house has turned against me and is trying to force me to move out immediately. What rights do I have?

James L. Arrasmith
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answered on Jun 20, 2024

To answer this question accurately, we need to consider a few key points:

1. Live-in caregiver status: Your rights may depend on whether you're considered an employee, a tenant, or both.

2. Employment agreement: The terms of your employment contract, if you have one, could...
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1 Answer | Asked in Employment Law for California on
Q: Is amazon in violation of California law?

Since sb616 went into affect January 1st 2024 the law in california has been that employers either must provide 40 hours paid sick leave at the beginning of the year, or cap accrual at no less then 80 hours or ten days(whitchever is more). Amazon of whitch I am currently employed has taken neither... View More

James L. Arrasmith
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answered on Jun 20, 2024

Under California law, SB 616 mandates that employers must either provide 40 hours of paid sick leave at the beginning of the year or allow employees to accrue sick leave up to at least 80 hours or ten days, whichever is greater. If Amazon's accrual plan is capped at 48 hours, it does not... View More

1 Answer | Asked in Employment Law for California on
Q: Can I claim a material reduction in the Participant’s authority, duties or responsibilities?

I am a SVP wanting to execute CiC. The acquiring company will plop my organization in as an entity into one of their BU's. I will still report to the CEO of my company who will most likely become a VP, so I will be relegated to a lower title. Even though titles will change, the acquiring... View More

James L. Arrasmith
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answered on Jun 19, 2024

Under California law, determining if you can claim a material reduction in authority, duties, or responsibilities depends on the specific terms of your employment contract and the Change in Control (CiC) provisions. If your employment agreement defines a material reduction in a way that includes... View More

1 Answer | Asked in Employment Law, Personal Injury, Business Law and Civil Litigation for California on
Q: How to file a second amended complaint with additional defendants

I currently have one defendant and 1-100 Does. I am filing a motion for leave to file a second amended complaint with an additional two defendants (under the alter ego theory). Do I replace two Does with the new defendants in the title?

Do I attach the proposed SAC to the motion or to the... View More

James L. Arrasmith
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answered on Jun 19, 2024

Here are the key steps for filing a second amended complaint with additional defendants in California:

1. Replace Doe defendants: In the title of your Second Amended Complaint, replace two of the Doe defendants (e.g., Doe 1 and Doe 2) with the names of the new defendants you are adding...
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2 Answers | Asked in Employment Law for California on
Q: 24/7 bus.workday 8AM to 759am. Employee works 430am to 1pm w/30 min lunch. Then works 330p to 830p. How do I pay

The 2nd shift 330-830 is actually another day, since our day begins at 8 am and the 430 shift was the previous day. Also should there be a split shift differential.

Neil Pedersen
Neil Pedersen
answered on Jun 19, 2024

Please beware, the prior answer here failed to explain a very important thing about the split shift premium. Workers who earn the minimum wage per hour are entitled to additional pay known as a “split shift premium” when their schedule includes a split shift. An employee who is paid more than... View More

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2 Answers | Asked in Employment Law for California on
Q: 24/7 bus.workday 8AM to 759am. Employee works 430am to 1pm w/30 min lunch. Then works 330p to 830p. How do I pay

The 2nd shift 330-830 is actually another day, since our day begins at 8 am and the 430 shift was the previous day. Also should there be a split shift differential.

James L. Arrasmith
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answered on Jun 19, 2024

Based on the information provided, it appears the employee is working two separate shifts within a 24-hour period that spans across two workdays, given the business' workday is defined as 8:00 AM to 7:59 AM the following calendar day. Here's how the pay should be calculated:

1....
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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Am I required to continue providing housing and untilities for injured employee it's been over a year.

I allowed him to stay in one of my homes rent free while he worked for me. Workmans comp Covers his wages but not housing. Am I just stuck in this situation until he is cleared to work. It has been over a year and he had no injuries that require surgery. I'm at a loss.

James L. Arrasmith
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answered on Jun 17, 2024

I'm sorry to hear about the difficult situation you're in. Under California law, employers are generally not required to provide housing or pay for utilities for injured employees, even if the employee was previously provided with housing as part of their employment.... View More

1 Answer | Asked in Contracts, Employment Law and Civil Litigation for California on
Q: Verification of document authenticity

What details shall be disclosed in contracts to ensure validity? If demand for original not redacted contract is made how ensure validity of produced document?

James L. Arrasmith
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answered on Jun 17, 2024

Under California law, there are several key elements that should be included in a contract to ensure its validity and authenticity:

1. Identities of the parties: The full legal names and contact information of all parties involved in the contract should be clearly stated.

2. Terms...
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