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California Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Civil Rights for California on
Q: Defendant has developed a strategy to file its Objections to Plaintiff’s pleadings with court on the day before

the hearings and after 3.00 pm, preventing Plaintiff to see and review the objections, file timely responses and be prepared for the hearings.

Could you please advice the best way to handle situation? Will a letter to judge help to resolve the problem?

Thank you in advance.

Maya L. Serkova
Maya L. Serkova
answered on May 28, 2022

It depends on what Defendant is objecting to. Generally, there are civil procedure deadlines for Defendant to file its objections or opposition papers to the plaintiff's filings. These deadlines are usually longer than a day before the hearing. As such, Defendant may be violating these civil... Read more »

Q: CalPERS - local safety question

Can my employer separate me from employment, cut my health benefits off without notice, use my accrued hours to pay for deductions such as medical benefits and other things for over 7mo without notifying me? While on workers comp benefits and it’s been over 12 mo (exhausted 4850 benefits) I am... Read more »

Louis George Fazzi
Louis George Fazzi
answered on May 27, 2022

Your worker's compensation lawyer should have been protecting your rights and interests all along. If you don't have one, I suggest you get one immediately.

1 Answer | Asked in Employment Law for California on
Q: Being a Salaried employee in CA, can your employer take PTO from you to make up your days shift?

Working 4x10s; if I work 8 hours on one of the days, is it legal for them to take 2 hours of my PTO?

Neil Pedersen
Neil Pedersen
answered on May 26, 2022

Yes. That would be lawful.

An employer of an exempt employee must pay the employee for a full day of work even if the employee works part of a day. However, the employer can use accrued but unused PTO time to make up the difference. Good luck to you.

1 Answer | Asked in Employment Law, Employment Discrimination and Sexual Harassment for California on
Q: Plaintiff in Employment Discrimination Case Seeks a “Tried and True” Atty to Revive My Case.

The case was dismissed with prejudice because prior attorney retaliated and dumped me and I got sick and could not make it to the first day of trial. I have the facts but I didn’t get permissive.

I need an attorney to help me with a CCP 473 motion and represent me at hearing. It is in... Read more »

Neil Pedersen
Neil Pedersen
answered on May 24, 2022

I am sorry but this site is not the place to solicit attorneys to work for you. It is a question and answer site only. You are going to have to locate and contact attorneys to see if they are interested in handling your matter. However it is highly unlikely you will find an attorney to take your... Read more »

1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: can you be denied from asking to speak with a supervisor or manager if following the chain of command?
Maya L. Serkova
Maya L. Serkova
answered on May 24, 2022

The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the... Read more »

2 Answers | Asked in Employment Law for California on
Q: what does someone do to get wages due to them that are being denied, falsely?
Brad S Kane
Brad S Kane
answered on May 24, 2022

File a complaint with the Division of Labor Standards Enforcement or hire an attorney to represent you.

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2 Answers | Asked in Employment Law for California on
Q: what does someone do to get wages due to them that are being denied, falsely?
Maya L. Serkova
Maya L. Serkova
answered on May 24, 2022

You have several options: (1) You can try to negotiate payment yourself; (2) You can hire an attorney to negotiate payment; (3) You can file an administrative wage claim with the California Division of Labor Standards Enforcement; (4) Or you can file a lawsuit. Each of these options has pros and... Read more »

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1 Answer | Asked in Employment Law for California on
Q: I was in a commercial for a company I worked for, never signed anything or was compensated. Should I have been?

A couple years ago I was in a commercial for a rather large pizza company that I worked for as an hourly employee in the Bay Area, I never signed anything, was never compensated, and the commercial is still continuing to be aired (even during giants games and large sporting events), is this... Read more »

Brad S Kane
Brad S Kane
answered on May 24, 2022

You have a potential claim for unauthorized use of your image for a commercial purpose under Civil Code 3344, which provides for $750 in statutory damages, actual damages, profits derived from the unauthorized use and reasonable attorney's fees. You should speak with an employment lawyer. Most... Read more »

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: am not in violation of US Code neither statute. I was also wrongfully terminated

addressed to them: why speculate? solicited I.M. took place around your own presumptive allegedly in February or March 2022.Question: Mr.& Ms. what's IM solicitation relevant with? What is this have got to do with me? stipulation as far as recorded data and my recollection are concerned,... Read more »

Neil Pedersen
Neil Pedersen
answered on May 19, 2022

You have not asked a question, nor have you even provided enough information for us to guess at what your question might be. Perhaps you can re-post and provide us with more facts and a question.

Good luck to you.

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1 Answer | Asked in Employment Law for California on
Q: I workd 9-4 2 days…didn’t feel conf enou to go back 3 day so lookd for another job forgot to call them now won’t pay me

He said I didn’t go back and that they were training so doesn’t have to pay me. Made me feel so dumb the 2nd day that the 3rd i didn’t feel confident enough to go back is there anything I can do to get paid my two days I workd ….I now it’s not much but I workd so hard those two days …. ??

Brad S Kane
Brad S Kane
answered on May 19, 2022

You are entitled to payment for all hours worked. Since you quit, you are entitled to payment of all compensation earned are entitled to waiting penalties equal 1 day's pay for each day late up to a max of 30 days.

Unfortunately, your "ghosting" the employer makes the date of...
Read more »

2 Answers | Asked in Contracts and Employment Law for California on
Q: Can LAPD enforce its 5-year employment contract that recruits sign upon hire?

The contract requires officers to repay the department for academy training costs if the officer leaves for another police department within one year of resigning from LAPD.

In re Acknowledgement Cases, 239 Cal. App. 4d 1498, decided August 12, 2015, is this contract still enforceable?

Neil Pedersen
Neil Pedersen
answered on May 14, 2022

Yes it is. Why wouldn't it be?

The training you receive in the academy is an education that makes you far more employable in any other law enforcement capacity so the employer is not required to pay you for that time.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Does my company have to pay me out for the entire school year if I quit during summer?

My private school company forced everyone to convert to stretch pay for the year this year for salary workers. We work from August-June, but will get a paycheck every week for the entire year (August-August). They are now saying if anyone quits (even after the entire school year has been completed)... Read more »

Neil Pedersen
Neil Pedersen
answered on May 11, 2022

The answer to your question will depend entirely on the language of the contract. Therefore no one here can provide a reliable answer. You will need to have an attorney review the contract to determine what your rights may be. There is no law that overrides the terms of the agreement in this... Read more »

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1 Answer | Asked in Employment Law for California on
Q: How do I know if my employer is paying me what I'm owed when my per diem, mileage, travel time and wages are not itemize

My question is about travel pay, per diem and mileage. I live in California. Ive never traveled for work until recently so what I want to know is how should a pay stub look if owed all of the above from my employer? My pay stubs only shows hours I worked and my pay rate which is $2 less than what... Read more »

Neil Pedersen
Neil Pedersen
answered on May 9, 2022

Reimbursements should never be lumped into income. Reimbursements should not be taxed, but if lumped into the gross income number, they will be.

Your employer is therefore violating at least one of the Labor Code sections regarding adequacy of your wage statement, as well as misreporting...
Read more »

1 Answer | Asked in Employment Law for California on
Q: Am I classifying workers correctly?

I operate a wholesale distribution business in California (S-Corp). We sell product to grocery stores. I buy directly from a manufacturer and use independent distributors who directly sell to the grocery stores. The independent distributors purchase product from my company and pick it up from my... Read more »

Neil Pedersen
Neil Pedersen
answered on May 9, 2022

The determination as to whether workers are properly classified as employees or independent contractors involve facts that are not included in your post. While the factors you have stated suggest independent contractor status, a conclusion cannot be safely made without knowing many other facts.... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: A co-worker, through text messages, stated my belief as a Jehovah's Witness was "ridiculous" what should I do?

HR was notified and investigation is being conducted, however, the person involved is in a "senior" position. Kind of like supervisory and someone who calls other's religious beliefs "ridiculous" should not be in such a position. What should I do? This company is also a... Read more »

Neil Pedersen
Neil Pedersen
answered on May 6, 2022

I am sorry this has happened to you. Let me give you some insight into the concept of religious harassment.

Actionable religious harassment happens in the workplace when you are subjected to unwelcomed comments or conduct related to your religion that are so severe or pervasive so as to...
Read more »

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I was wrongfully terminated after 22yrs service for medical restrictions, attorney sz no law would give me back my job

After 2yrs the attorney sz there is nothing they can do, but to settle for 85k wish I would end up with 35k aftr fees and no job I was making almost 100k a year with that job, seiz case will not make it to trial

Neil Pedersen
Neil Pedersen
answered on May 5, 2022

You have asked no question so it is difficult to know what you seek by posting here. No one here can respond to your post with an interest in taking your case, and it is impossible to know based on the limited information in your post whether you were getting good advice or not from your attorney.... Read more »

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2 Answers | Asked in Employment Law, Sexual Harassment and Contracts for California on
Q: We’re beginning to explore options of filing a lawsuit for Hostile Work Environment against my wife Tawny in CA.

Need Advice and Attorney: We also need to explore options of filing a lawsuit for miss-classification for both of us. We're in the insurance industry, we're 1099 Independent Contractors but we're treated and controlled as employees. We currently live in CA, the main company is in... Read more »

Neil Pedersen
Neil Pedersen
answered on May 3, 2022

If you are looking for someone here to respond by saying they will look at your case, this Q&A site does not allow that. You will have to seek out and consult with attorneys to see if you have a meritorious claim. And you should do that because many people seriously misunderstand the concept... Read more »

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1 Answer | Asked in Employment Law for California on
Q: How is it legal in CA to require a potential employee to pay for TB test? Labor code 222.5 appears to state otherwise.

A condition of employment is that the applicant pay for background check and TB test.

Brad S Kane
Brad S Kane
answered on May 3, 2022

The condition appears illegal under California law.

Labor Code 222.5 provides:

No person shall withhold or deduct from the compensation of any employee, or require any prospective employee or applicant for employment to pay, any fee for, or cost of, any pre-employment medical or...
Read more »

1 Answer | Asked in Employment Law for California on
Q: I was just asked not to return to work for not working 7 straight days to include working 10 hours on Saturday

I'm a hourly permanent worker in Southern California

Rhiannon Herbert
Rhiannon Herbert
answered on May 3, 2022

There are no federal laws that set limits on the amount of hours in a day or week an employee can be required to work (assuming you are over the age of 18). Thus, your employer is permitted to require 7-day work weeks and/or 10+ hour work days and can terminate employees for attendance-related... Read more »

2 Answers | Asked in Employment Law for California on
Q: I got fired yesterday, but it was over phone call.if they offer me the job back and I refuse is that considered quitting

I don’t have any confirmation of the firing except the phone call I received yesterday, nothing written. I know there’s different abilities I have for being fired over quitting, and I do want to apply for unemployment until I find a new job. The district manager asked to call me today and if... Read more »

Neil Pedersen
Neil Pedersen
answered on May 3, 2022

I am sorry about this happening to you. I understand that losing a job can be a big blow.

The law does not require an employer to give written notice of termination. You are terminated as soon as the employer communicates to you that you are fired and that communication can be any way...
Read more »

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