Get free answers to your Employment Law legal questions from lawyers in your area.
I suffer from chronic anxiety and high blood pressure, and I've been diagnosed by a physician. I'm on blood pressure medications and beta blockers for these conditions. My employer previously granted a workplace accommodation allowing me not to report to our Oakland office, as this... View More
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answered on Feb 19, 2025
The answer to your question requires far more information than your post provides. You need to locate and consult with an employment law attorney to get the kind of advice you seek. It may be the employer is violating your rights, but it is also possible that you have not done enough to put the... View More
I'm a contractor nurse working 1:1 with a student at a high school in California. Last Friday, a special education student physically assaulted me by hitting my arm and pulling my hair. Two teachers and a paraprofessional witnessed the incident. About an hour later, the same student entered... View More
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answered on Feb 17, 2025
You have a whole host of rights at stake here.
The most important question is: who is your employer? Is it the school district, or a private contractor who placed you in the position?
Regarding any injuries you may have suffered during the assault, those are typically limited to... View More
The position is for the School district food service worker supervisor classified position. This is in California . It sounds worse than it was, and it was 24 years ago. My no contest, was changed to a not guilty, and was expunged after I completed my community service. I want to be honest with... View More
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answered on Feb 10, 2025
The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.
Keep that to yourself, and good luck with your new job.
I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm... View More
I was exposed to a few instances of ageism over the last couple years in executive meetings. I don't have any documents, only notes I made, and witnesses were present.
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answered on Feb 6, 2025
Yes. You can still claim age discrimination, even when there is a mass layoff. Although writings are often very helpful and persuasive evidence, they are not mandatory. Witnesses to the ageist remarks, your testimony and personal notes may be sufficient to prove your case.
I am a tipped employee and most of my money comes from tips. I requested 8 hours of sick pay be used for a missed day and was told that I can only use 6 because my scheduled shift was for 6 hours. Is this true? What laws limit how much sick pay someone can use per instance?
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answered on Feb 3, 2025
You can only use sick to time cover the hours you normally work would have worked, but for being sick or caring for an ill family member. If your regular work hours were six per day, then you can only claim six per day.
The purpose of sick time is compensate you for wages you would have... View More
This settlement aimed to avoid state penalties for employer. They set timeline for payment in their contract. Payment was due in 5 business days but was disbursed incorrectly. They claimed it was complete, forcing you into repeated disputes over misclassified payments. They corrected one item after... View More
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answered on Feb 1, 2025
While no one can give you competent advice without reading the settlement agreement, as a general rule, if a party pays and corrects their mistakes within 4 days, then the contract is probably still enforceable under the doctrine of substantial compliance. If you want to void the contract, then you... View More
I was injured on the job and ended up being fired for not coming back to work due to my injury, I applied for UI & was denied because I according to my employers quit without good reason...I filed a workers comp case for 2 injuries I sustained on the job a dog bite and a power tool... View More
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answered on Jan 30, 2025
Unemployment requires you were physically able to accept an offer of work. If you were injured and needed treatment, you may not have been able to accept work. If you were awarded Temporary Disability payments for those weeks, its a crime to now request Unemployment Benefits for those same weeks.
Company claims actions legal on workers benefits. Holds benefits till after 90 days of starting training and working. Only asks for employees Federal I.d. and valid bank account to deposit cash payments once a week. And holds 1 week back after employee starts to work. When asked about contract they... View More
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answered on Jan 30, 2025
Bathroom breaks do not count toward your 10 min rest break every 4 hours. The employer is required to provide paystubs showing your hours and earnings. The employer is required to reimburse for all necessary business expenses including electricity and internet if you are working remotely from the... View More
With the changes Trump is doing with the EEOC, can I still file a retilation complaint.
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answered on Jan 27, 2025
If you are a California employee that is not working for the government, you should not file with the EEOC. File with the California Civil Rights Department. And if you have a case with merit and value it would be better for you to first locate and retain an attorney to assist you through that... View More
With the changes Trump is doing with the EEOC, can I still file a retilation complaint.
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answered on Jan 27, 2025
Yes, nothing Trump has done can stop you from filing a retaliation complaint with the EEOC. Please note there are strict time limits for EEOC complaints. Since California has a joint enforcement agreement, the time period should be extended to 300 days.
Unless you are suing the federal... View More
Im not ready to go back yet, and we have a daily online schedule check and im still not scheduled so could they terminate me if they don't schedule me or contact me on return?
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answered on Jan 22, 2025
The answer to your question depends on whether your physician has continued you on disability. That is a matter between you and your doctor. You should discuss this with your doctor to see if your doctor will continue your disability status and, if so, if she can provide you the necessary off work... View More
Wants it to change, right now everyone makes 20 per hour, we want to have the tip pool changed to 70/30 split. They offered to change the split to 70/30 and cut our hourly wage to 17 a hour is that legal to do that
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answered on Jan 21, 2025
Mr. Arrasmith's probably AI generated answer is WRONG. Anyone in the chain of service, including back of house staff like dishwashers can participate in the tip pool.
In Etheridge v. Reins International California, Inc., the servers challenged the inclusion of employees, such as... View More
Hi everyone, I’m based in California and recently signed an employment agreement with a one-year commitment clause. However, I didn’t see anything about having to repay training costs if I leave early.
Under California law, can my employer enforce the one-year commitment or require me... View More
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answered on Jan 18, 2025
Employers are generally not entitled to reimbursement for training without an explicit agreement.
Normally, the cost of hiring the replacement is not sufficient for an employer to sue for damages.
Courts will not require you to continue working for the employer.
Absent... View More
I provide equipment rentals as part of my freelance services. California recently established the Freelance Worker's Protection Act which stipulates that I may collect up to double the amount stipulated in a contract for professional services when a client does not pay on time or at all. If... View More
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answered on Jan 16, 2025
The FWPA primarily focuses on the payment for services rendered by freelance workers. If an equipment rental is viewed as an ancillary part of the services you provide (for example, tools or equipment necessary to complete a freelance project), it may be argued to fall under the umbrella of... View More
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answered on Jan 14, 2025
Yes, it is. Paid holidays are a discretionary employee benefit. Private employers can decide to pay employees for holidays or not. Some union agreement can contain provisions requiring the payment for holidays or even premium wages if you work a holiday, so if you are in a union, speak to your... View More
So I’ve never done anything like this or have dealt with lawyers or anything but everyone tells me I should talk to one do to what happened to me I was on a jobsite outside of Redding CA for my company but we were working on a PGE site, the company I worked for we built and service transformers... View More
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answered on Jan 9, 2025
Because you were injured on the job, you should consider speaking with a Workers Compensation attorney to address any medical costs and your pain and possible future effects on your body from the incident. You can also report the safety violation to OSHA if you wish to do so to prevent future... View More
I have not agreed to anything. I emailed my “bosses” expressing concern about the terms. I was kicked up to the regional manager and had a few email exchanges expressing confusion and concern. He essentially emailed me new terms, which I still never agreed to, and left it at that. I’d like... View More
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answered on Jan 7, 2025
In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change the terms of your employment including the classification. However, to be properly classified as an exempt employee you must be paid at least double the... View More
I work for a Humanitarin a non profit, who deducts PTO when using California Sick. Is this allowed? My understanding of this law is that PTO and Sick are supposed to have separate “banks” and sick hours are completely separate and guaranteed hours.
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answered on Jan 5, 2025
If you have sick leave accumulated, the employer should only be deducting from your sick leave if you are out sick. If you have no sick leave accumulated or run out, then you can draw on your accumulated PTO. Your employer can not require you to use PTO for sick, when you have accumulated sick... View More
I bought the restaurant 2 years ago and old employees working here sued the previous owner but the motive has my name on it. I made new corporation and I don't know the plaintiff.
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answered on Dec 27, 2024
Check your agreement with the prior owner, the prior owner should be required to defend and indemnify you for claims that arose prior to the purchase.
If purchased the assets only and not the business, you may have a defense there.
Further, you will need to hire a lawyer to defend... View More
Management deducts 20% to busboys and 8% to hostess’s from my paycheck. Their responsibilities are to bring customers drinks. I’m tipping out a percentage of my tips for the food sales but they do not serve or deliver the food. Is it legal for them to do this?
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answered on Dec 24, 2024
Yes, hosts and bussers can share in the tip pool as long as they are in the chain of service, which includes seating customers, cleaning tables, delivering drinks and preparing food, provided the percentages are reasonable. Managers, owners and supervisors are not allowed to participate in the tip... View More
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