my building was deemed unsafe to work but we worked 3 out of the 5 days in the week and my pay was reduced without any warning. Is this normal? I have an agreed monthly salary should I still not get this amount? Also there is holidays next week for two days so will I get paid less again
The employer of a salaried employee does not have to pay the employee for any day the employee performs no work. Although the salary is stated on a monthly basis, whether or not the employee is paid is determined on a daily basis. If you work any part of a day, you are to be paid for that day....Read more »
I originally had a 6 month probation and 5 months in my employer wanted to add another 3 months. Not because of performance issues but because we worked a "staggered schedule" (Two days on, two days off for about three months). It is with a union and I have been paying union dues since 7/1/2020,
Once wages are earned the employer cannot take them back or require the employee to agree to a reduction. There are specific statutes in the Labor Code that prohibit this. Your PTO is considered a part of your wages, therefore, the dollar value is as of the date it is earned, not the date they...Read more »
Amazon is not my employer. the trucking Co. I work under is only contracted by Amazon (example: USPS & Amazon.). I think it's wrong for The manager in charge of the Security Company to ban me from all amazon fullfilment centers after she turned around and yelled at me to 'step... Read more »
So I wonder what your reply was that got you banned. You haven't indicated whether you think this was unlawful on her part. There just isn't enough information provided to advise you what you should do next. You can always contact a labor lawyer to help you figure things out. You could...Read more »
To determine qualification for unemployment benefits, the EDD looks back a period of time to see if any contributions were made to the fund by you or on your behalf. Waiting 22 months to file probably placed your last contributions long before the look back period, meaning you will probably not...Read more »
If you are not an exempt non-government employee, then your employer has an obligation to provide you with a reasonable opportunity to take a ten-minute, on-the-clock, uninterrupted, duty-free rest period for every four hours (or major portion thereof) that you work. As a non-exempt employee you...Read more »
Your question is just too general to give you any real helpful guidance.
Can an employer force you to go home if you have certain symptoms related to Covid-19? Absolutely. In fact CDC and OSHA guidance/regulations require an employer to do so to protect the rest of the workforce....Read more »
If I own a bar/night club and I “willfully/negligently contracted with a security company suspended by California Secretary of State and has no worker’s comp insurance to provide me security services, can I be liable or do I implicitly accept liability of the employer of the staff of the... Read more »
If I read between the lines of your question, you have been sued because the bouncer roughed someone up, and they claim that you "willfully/negligently" hired a bad security company. I am not trying to be rude, but you won't find the help that you need here, you need to hire an...Read more »
If I own a bar/night club and I “willfully/negligently contracted with a security company suspended by California Secretary of State and has no worker’s comp insurance to provide me security services, can I be liable or does my bar implicitly accept liability of the suspended company in the... Read more »
If you want legal research, you'll have to pay for it. This isn't a place to get free, detailed legal advice. Attorneys volunteer their time to answer questions for consumers in need. Issues of liability, special employment, agency, insurance, are complicated. Those answers...Read more »
I live in California. My wife works for a private company with senior citizens as an assistant. She makes $17.36 per hour and works full-time. Last week, she was offered a promotion to work as a full-time manager. They offered her $19.12 per hour, but my wife wants $20 at the minimum like other... Read more »
There is nothing unlawful about an employer punishing an employee who turns down a promotion or who seeks more money. Not all forms of retaliation in the workplace are unlawful. The only kinds of retaliation that are unlawful are acts of retaliation triggered by the employee engaging in legally...Read more »
I work in CA doing some sort of customer support. We have daily goals calculated as a monthly average we are expected to hit. So basically I am expected to do X number or cases per day. They then take my total for the month, and divide it the number of working days that month. The issue here is if... Read more »
There is nothing unlawful about your employer setting unreasonable or unattainable goals for you. However, this approach may violate the California Healthy Workplace Families Act, California's paid sick leave law, if it is determined to be a form of retaliation for taking protected medical...Read more »
The Law does not require employers to provide medical benefits, retirement plans or paid vacations. Competition with other employers that do provide such things is the only pressure on the employer to do that. If you are a member of a Union with a bargained employment agreement, these things are...Read more »
Very difficult in California with new definitions of "employee" from case law and statute. Only 3 factors required for most jobs, and if the work being done is part of the company's business, very strong chance your contractors will be considered to be employees. You really need to...Read more »
You have not asked a question. This is a site to get answers to basic legal questions. If you are looking for an attorney to represent you, you will have to locate and consult with an experienced employment law attorney to explore your facts and determine your options. I would suggest you look...Read more »
company has increased tipshare of servers by 1.2 percent of sales bringing it up to 5 percent. They are going to lower kitchen staff wages (they get paid more than minimum) and start giving them server tipshare to offset for the lower wages. Even if a table does not leave a tip, servers will still... Read more »
I think you have a unlawful wage practice at your restaurant, or several of them. While "Tip Pooling" is allowed in CA, Kitchen staff cannot be included in the tip pool because they are not in the chain of service. I would love to see the written policies that this employer is issuing....Read more »
I was an hourly employee. My company was bought out by a larger corporation. The new company would only offer me a salary, vice hourly pay. I refused as my job requires long hours during certain projects. I negotiated my base salary with an agreement to be paid "straight time overtime"... Read more »
A properly characterized exempt employee is not entitled to overtime premiums - ever. If you are an exempt employee who is being offered any kind of overtime, it is a discretionary benefit offered by your employer and the law will not impact that benefit.
I signed an offer letter with termination policy requiring two weeks of notice. Due to some unseen circumstances, I could only provide ten days of notice. I also offered to work on the weekends to help the situation. The employer now threatens me to cut a month's wages if I do not work during... Read more »
It would be a violation of California law to take any money out of your final paycheck because the employer claims you have breached a notice provision. If the company does so it would be wise to immediately contact an employment attorney. Not only should you get all of the money back, but you...Read more »
Good Question, Actually, no it is not legal for the employer to REQUIRE that you work 7 days straight. There is a statute in the Labor code that guarantees that you are entitled to take one day's rest in seven. So this is a violation of the labor code. If you refuse and are fired, it is a...Read more »
280-hour carryover cap was announced. “We offer up to 20 days of total PTO per year and 10 Federal Holidays. The PTO can be used for vacation days, sick days, personal days, you choose. These days roll over year-over-year with a cap of 35 days. “
A consideration could be to tell your employer you want to use up 10 weeks of your PTO as vacation before the first of the year, which would put you at a balance of 280, then use up the PTO as it accumulates. You really need to take all your materials to a local employment law attorney for a full...Read more »
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