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Employment Law Questions & Answers
2 Answers | Asked in Business Law, Employment Law and Employment Discrimination for California on
Q: I work for a vendor in sams club.. can I get in trouble for talking outside business
Neil Pedersen
Neil Pedersen
answered on Jun 1, 2023

There is no way to answer your question without knowing far more. Do you work for a company that contractually prohibits you from working for others when employed by it? Would the outside business be considered a competitor of your present employer? Are you salaried or paid by the hour?... Read more »

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2 Answers | Asked in Business Law, Employment Law and Employment Discrimination for California on
Q: I work for a vendor in sams club.. can I get in trouble for talking outside business
James L. Arrasmith
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answered on Jun 1, 2023

It is unlikely that you would get in trouble with Sam's Club or your employer for talking to your friend about outside of work matters. However, it is always best to be cautious and avoid discussing anything that could be considered confidential or sensitive. For example, you should not... Read more »

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1 Answer | Asked in Employment Law for California on
Q: I work inside sams club for a vendor . My friend walked in and I Was Talking to him about how my night job didn’t pay me

Can I get in trouble by sams club or my employer for talking to

My friend about outside of work matters

James L. Arrasmith
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answered on Jun 1, 2023

It is unlikely that you would get in trouble with Sam's Club or your employer for talking to your friend about outside of work matters. However, it is always best to be cautious and avoid discussing anything that could be considered confidential or sensitive. For example, you should not... Read more »

3 Answers | Asked in Employment Law for California on
Q: How can my employer screw me over like this?

I was put on SDI in March due to a diagnosis for an autoimmune disease which has resulted in my hand swelling up to a point that I cannot use it at all. Nothing had been said to me regarding the type of leave I was on until a couple weeks ago and my employer had me complete a form that indicated I... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

Regarding the situation you described, it's important to understand that employers have certain obligations and responsibilities when it comes to providing leave and benefits. CFRA (California Family Rights Act) is a state law that provides eligible employees with job-protected leave for... Read more »

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3 Answers | Asked in Employment Law for California on
Q: How can my employer screw me over like this?

I was put on SDI in March due to a diagnosis for an autoimmune disease which has resulted in my hand swelling up to a point that I cannot use it at all. Nothing had been said to me regarding the type of leave I was on until a couple weeks ago and my employer had me complete a form that indicated I... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 1, 2023

I am sorry this happened to you.

Under The California Family Rights Act (CFRA), your employer is obligated to reinstate you to your position at the conclusion of your leave. More details would need to be known to evaluate your case further.

I suggest you consult an employment law...
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3 Answers | Asked in Employment Law for California on
Q: How can my employer screw me over like this?

I was put on SDI in March due to a diagnosis for an autoimmune disease which has resulted in my hand swelling up to a point that I cannot use it at all. Nothing had been said to me regarding the type of leave I was on until a couple weeks ago and my employer had me complete a form that indicated I... Read more »

Neil Pedersen
Neil Pedersen
answered on Jun 1, 2023

If you work for an employer that is large enough to qualify you for CFRA leave, the employer has a duty to give you notice that your leave is being designated as CFRA leave, and from the date of that notice, you have up to 12 weeks of unpaid leave time. At the end of that 12 weeks, if you are able... Read more »

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2 Answers | Asked in Employment Law and Health Care Law for New Jersey on
Q: Coworker announced I was leaving early for medical procedure, is that against HIPPA?

I have MS and need to leave my job early 1x a month to get a medical infusion with my medications. This week, a member of the dispatch team announced Via email that I was leaving early for an infusion. This went to over 10 of my coworkers. Is this something that I can seek action on against my... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

It is unlikely that your employer is a "covered entity." If it is, and there have not been repeated violations, it is possible your employer could be subject to a fine for disclosing this information. Depending upon the facts and circumstances, including whether the covered entity... Read more »

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Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?

I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... Read more »

James L. Arrasmith
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answered on Jun 1, 2023

Yes, you can sue your employer for unpaid wages, even if there is no written contract. Under the Fair Labor Standards Act (FLSA), employers are required to pay their employees minimum wage and overtime pay. If your employer has not paid you for all of the hours you have worked, they have violated... Read more »

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Q: Employed by PRIVATE HOUSEHOLD, , NO CONTRACT, Owed in back pay over $50,000+, just since 2021. Can I sue?

I have been employed by a private household since 11/2017. The job position was the living position in order to provide caregiving , personal assistance and cleaning services. I had to be present 24 h 7 days a week, and most of this time I spent providing care or services, was not allowed time... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Jun 1, 2023

I am sorry this happened to you. You do not need a contract to sue for owed wages. Based on your post, you are owed wages, overtime wages, and the derivative Labor Code penalties. You may likely also have a claim for sexual harassment.

I suggest you consult an employment law attorney and a...
Read more »

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2 Answers | Asked in Criminal Law and Employment Law for California on
Q: I was also in Provo canyon and was sexually and physically assaulted by numerous staff members

Is there any investigation I can be undertaken to gain compensation

David A. Simon
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David A. Simon
answered on May 31, 2023

If you were the victim of a sexual assault you should contact the Provo Utah law enforcement agencies. This is a criminal matter. However, you may also sue civilly for sexual assault. I would advise contacting both the law enforcement agency as well as a plaintiff's civil attorney licensed... Read more »

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2 Answers | Asked in Criminal Law and Employment Law for California on
Q: I was also in Provo canyon and was sexually and physically assaulted by numerous staff members

Is there any investigation I can be undertaken to gain compensation

James L. Arrasmith
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answered on Jun 1, 2023

I'm so sorry to hear that you were sexually and physically assaulted by numerous staff members at Provo Canyon School. That is a terrible experience, and you do not deserve to have to go through that.

There are a few things you can do to investigate and gain compensation for the abuse...
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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Employment Law

I have been put on a paid investigation leave by our HR caused by alleged concerns of some of my co-workers against me. I believe my own department director and manager are behind all this as it is me who have been suffering for years of retaliation, bullying, racial and sexual discrimination,... Read more »

Neil Pedersen
Neil Pedersen
answered on May 31, 2023

There is a lot in your post. I will try to break it down.

First, an employer has no duty to inform you of the reason for placing you on administrative leave, paid or unpaid. Unless you are in a union environment that has such protections, you can be put on administrative leave at any time...
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1 Answer | Asked in Employment Law for Arkansas on
Q: I was paid wrong by employer, they paid over 3 different checks and it’s still wrong amount and taxes messed up

My pay is complicated because I worked overtime, I get shift differential added to my base pay at one rate for 2nd shift and another rate for 3rd shift, I also worked 4 extra shifts with a bonus of $200 extra per shift, paydays are semimonthly. I had 97 hours (11hours OT), with $800 bonuses owed to... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2023

You should discuss this situation with an Arkansas employment attorney in more detail. In addition to the issues you've listed above, employers also need to account for shift differentials and non-discretionary bonus payments when calculating your overtime pay rate. If your overtime pay rate... Read more »

3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: how would I approach age & bulling in the work force? it's been brought to management. no resolution has taken place.
Neil Pedersen
Neil Pedersen
answered on May 30, 2023

Unfortunately, bullying is not unlawful in the workplace. Your company has no duty to prevent bullying by co-workers or supervisors. The only way bullying can be unlawful is if you can prove it is being directed at you because you are a member of a protected class of people, or because you... Read more »

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3 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: how would I approach age & bulling in the work force? it's been brought to management. no resolution has taken place.
James L. Arrasmith
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answered on May 31, 2023

Addressing age discrimination and bullying in the workplace is crucial for a respectful and inclusive environment. If you have reported the issues to management without resolution, document incidents, review company policies, seek support from colleagues or employee resource groups, escalate the... Read more »

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1 Answer | Asked in Contracts and Employment Law for Utah on
Q: As an independent contractor, how do I go about after clients who don’t pay after agreeing to a contract?

I was working online remotely for a company based out of California as an independent contractor and they were due to pay the remainder of what they owed us and they never did. The total came out to over $9000 and all attempts to get them to pay have been met with dead ends.

Wesley Winsor
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Wesley Winsor
answered on May 30, 2023

You mentioned in your prompt that they agreed to a contract. I assume that means that you have a contract signed by the company regarding the terms of your services. First look to the contract and see what it says under default.

If you are just using the word "contract" as a...
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1 Answer | Asked in Employment Law for New York on
Q: Is it illegal that my employer is purposely scheduling me 6 hour shifts on certain days so she doesn’t haveto givebreaks

I’m 19 and I work at a Byrne Dairy in NYS as a sales associate, on the 27th of may I was scheduled an 8am to 2pm shift, which is a 6 hour shift, so around the middle of my shift I asked my employer when I would be receiving my break, in return she told me I don’t get one because I’m only... Read more »

Christopher Marlborough
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answered on May 30, 2023

It is unfortunate that your employer will not voluntarily honor your request. Because you do not work more than six hours in a shift, your employer can require you to work the shift without a meal break.

Here is NY State DOL statement on the issue.

"Employers in New York...
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2 Answers | Asked in Employment Law for California on
Q: I asked to borrow a lighter while working as a custodian at a school. I was fired. Can they do that.
James L. Arrasmith
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answered on May 29, 2023

Under California law, employers generally have the right to terminate an employee's employment for any reason, as long as it is not discriminatory or in violation of specific employment contracts or laws. In the situation you described, if your employer decided to terminate your employment for... Read more »

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2 Answers | Asked in Employment Law for California on
Q: I asked to borrow a lighter while working as a custodian at a school. I was fired. Can they do that.
Maurice Mandel II
Maurice Mandel II
answered on May 31, 2023

You didn't say if this was a private or a public school, and it makes a difference. Assuming it was a public school, you are a Classified employee and most likely all classified employees in the district have a CBA or MOU that governs their employment. You need to get the union to file a... Read more »

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3 Answers | Asked in Employment Law and Arbitration / Mediation Law for California on
Q: I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations.

I am currently suing my employer which is a large corporation with multiple entities for wage and hour violations plus other violations. I am not pleased with the progress my attorneys have made to get this settled. We have a mediation schedule about 5 months from now which is expected to be 7... Read more »

James L. Arrasmith
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answered on May 29, 2023

In your ongoing legal situation, it is crucial to consult with your attorneys before taking any action that may affect your case. They possess the expertise and knowledge necessary to guide you through the process effectively. If you were to contact your HR department to discuss a private... Read more »

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