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California Employment Law Questions & Answers
1 Answer | Asked in Employment Law for California on
Q: Hello, I’m in a situation where I haven’t gotten paid..

So i started working on February 1st as contractor for a company and on the 19th of February was my last day, only a temp job.

I was supposed to get paid by the 22nd and nothing has happened at all, so I called and they said they’ll take care of it and so far nothing is happening

Neil Pedersen
Neil Pedersen answered on Mar 3, 2021

You say you were hired as a contractor. If you were lawfully classified as a contractor and not an employee then your right to be paid will be determined by the agreement you entered into with the company - not the California Labor Code.

That said, many employers are still getting it wrong...
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1 Answer | Asked in Employment Law for California on
Q: If I get a parking citation while in a company vehicle do I have to pay? Can my employer take it out of my paycheck?

My company does not have policy on this. It's subjective. The ticket was against the vehicle not myself

Neil Pedersen
Neil Pedersen answered on Mar 2, 2021

If you parked illegally, you can be held responsible for paying for the violation. Your employer has no legal duty to pay for your fines associated with unlawful conduct. If the citation was for some kind of vehicle-related failure, such as fix-it tickets or no registration tag, then the employer... Read more »

2 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for California on
Q: How do I go about getting my restrictions changed by an AME now that I have completed my the

How do I go about getting my restrictions changed by an AME now that I have completed my therapy and him requesting me to return after the therapy and medical test were completed.

Neil Pedersen
Neil Pedersen answered on Mar 2, 2021

This is a question you need to speak to your workers compensation attorney about. If you do not have a workers compensation attorney, you need to get one. You need an advocate that will fight to get you all of the benefits you are entitled to receive and if you are trying to do this yourself... Read more »

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1 Answer | Asked in Employment Law for California on
Q: My former employer purchased my shares under the fake pretense that the shares were valued lower than they really were.

Can I sue them?

Robert Philip Cogan
Robert Philip Cogan answered on Mar 2, 2021

This is America. You can always sue someone. The actual question is whether suing will get you a good result for a price that does not exceed the amount you are seeking. Proving low valuation and fake pretense can be difficult. A detailed set of facts must be reviewed.

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for an employer to terminate you if you’re dying at the hospital?

My father is being hospitalized from COVID and his prognosis is grim. It’s likely he will not be returning to work indefinitely. I need to update his address on file to my address as he no longer lives at the house he was renting. I have to go through the HR department at his work in order to... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 1, 2021

An employer can lawfully terminate an employee who is out on leave if the leave is indefinite and there is no communication to the employer that suggests additional unpaid leave would allow the employee to return to work within a reasonably defined period of time. If he is terminated and dropped... Read more »

1 Answer | Asked in Employment Law and Tax Law for California on
Q: Can retroactively reclassifying IC to employees, ammend returns, pay EDD/IRS penalties counter a misclassification suit?

If a small business that is being sued for misclassifying employees as independent contractors, and the they choose to ammend payroll taxes, tax returns and retroactively reclassify these individuals, will it help in their position for the lawsuit? The plaintiffs were deceptive from the start and... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 24, 2021

It is wise that you think proactively, but you should not do anything until you have retained your defense attorney who can then guide you through the best way to deal with the alleged liability. And you should not try to defend this case yourself. These kinds of cases can be bet-your-company... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for California on
Q: Is there any legal standing for harassment protection from being forced to wear a face mask as condition of employment?

I am being forced to wear a mask at my desk. I already got covid and recovered in a couple of days.

Louis George Fazzi
Louis George Fazzi answered on Feb 23, 2021

The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting... Read more »

1 Answer | Asked in Employment Law for California on
Q: My employee informal employee folder has been lost by my employers management team. Is there anything I can pursue.

I work for the California Department of Motor Vehicles and have been there 32 years. Each office maintains what is called an informal folder, an employee folder. Things filed in there are time sheets, annual certifications, corrective and non-corrective memos. In addition, copies of hiring... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 20, 2021

You have no injury at this point. If the file has been misfiled and is therefore still somewhere in the employer's possession, there is no chance of identity theft. Mistakes happen. Suing your government employer will likely end up costing time, money and effort and end up with either a... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: How far in advance do I need to inform my staff that there will be no work for the day and they do not need to come in?

I am putting together a S.O.P for our company about calling off the staff due to light work load, how far in advance do I need to let them know?

Neil Pedersen
Neil Pedersen answered on Feb 19, 2021

The only law that speaks to your issue is the Reporting Time Pay law that says you have to pay part of the cancelled shift if you send an employee home once they arrive at the workplace for a scheduled shift. See here for more on that law: https://www.dir.ca.gov/dlse/faq_reportingtimepay.htm... Read more »

1 Answer | Asked in Employment Law for California on
Q: I missed my 10 min break after 2 hours of working, can I take a break at 3 hours? Im working 8 hours in all. I'm in Cali
Neil Pedersen
Neil Pedersen answered on Feb 14, 2021

The short answer is yes.

California law requires an employer to provide 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. The law does not say it has to be every two hours. It...
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2 Answers | Asked in Employment Law for California on
Q: I have chronic medical conditions that have made it necessary to drastically cut my work schedule. I presented a doctors

Note to my supervisor. HR sent me a form for my doctor to fill out for more clarification. Am I legally required to comply with this?

Kyle Anderson
Kyle Anderson answered on Feb 10, 2021

It is likely an ADA Request for Accommodation or FMLA certification form and you will likely need to fill it out if you wish to keep your job. I would recommend reaching out to an employment law attorney in your state if you have specific questions or want to discuss your options.

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1 Answer | Asked in Employment Law for California on
Q: my boss requires me to pick up material prior to my shift at 8am shouldn’t I be compensated for my time? Is this a law?

My shift starts at 8 but I need to be getting material an hour or half hour before. My hat I am u able to claim that hour I Tyler material on my time sheet. The company states that I don’t have to be paid it’s my responsibility. Is this true

Neil Pedersen
Neil Pedersen answered on Feb 10, 2021

If you are an hourly-paid employee you must be paid for all the time you spend doing activities for the employer. Generally employees are not required to be paid for commuting to and from the regular place of business. However, if you are required to make a detour to carry out a job function, you... Read more »

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My friend's boss was covid positive last week Thursday, but he showed up to work today on Monday. He won't leave too.

How can she protect herself and her co-workers and does she have a legal case?

Ina Shtukar
Ina Shtukar answered on Feb 9, 2021

Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I injured my back at work, and missed 5 days. Is my boss at fault for not reading my doctors orders?

In retail,was switched to a new position due to downsizing, I had done this position 15 yrs. ago, but injured my back stocking heavy liquids. I couldn't stand for 5 days, then saw my doctor. I was given a note that stated I was to be on lite duty for 30 days or if not followed, would be... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 6, 2021

An employer is allowed to appoint a third party to administer leaves and return to work efforts. Sedgewick is just such a company. If you failed to turn the return to work note into Sedgewick when requested, the problem may be yours. If you did turn in the return to work documents from your... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Do I have to provide overtime pay to an employee if they are working 25 hours in 2 days?

I live in Orange County, CA and I'm hiring a private caregiver to work weekends. (Saturday from 11 AM to 10 PM and Sundays 7 AM to 10 PM).

Neil Pedersen
Neil Pedersen answered on Feb 5, 2021

In California, a private caregiver working in the home is entitled to overtime compensation at one and one-half times the employees’ regular rate of pay for all hours worked in excess of 9 hours per day or 45 hours per week.

Good luck to you.

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1 Answer | Asked in Employment Law and Libel & Slander for California on
Q: A couple of people at work feel uncomfortable with me sitting in my car for a few minutes when we all leave.

Hkgh

Neil Pedersen
Neil Pedersen answered on Feb 5, 2021

Yes. First seek professional help to deal with the emotions you are feeling and the breakdown you described. Your post suggests it is really having a bad impact on you.

As to being asked to park somewhere else, there is nothing unlawful about that request. Nor is it unlawful for the...
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2 Answers | Asked in Contracts and Employment Law for California on
Q: Questions on contractors that was hired by Callaway, and we processed the payroll, what is our rights?

Company C hired the consultants and signed their timesheets, we paid the consultants and then bill company C. 1 year later, Company C states that we are responsible for the payments that consultants didn't perform at their satisfaction level? please advise.

Neil Pedersen
Neil Pedersen answered on Feb 5, 2021

There really is no way to competently advise about this situation without first reviewing all of the contracts and learning about the terms of any oral agreements. You need to locate and consult confidentially with an attorney who can be allowed to understand those documents and facts.... Read more »

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I have a question on employers using Megan’s law website for employment purposes What case law would cover this area.

Offered a job, background check done, criminal history was clear as its past 7 years, but listed on registry. Company now trying to prevent me from getting the job. this is in California

Neil Pedersen
Neil Pedersen answered on Feb 4, 2021

First, it seems you are operating under an assumption that an employer is limited to looking only seven years into your past. That is not accurate. An employer can go back a whole lifetime to research a prospective employee. The 7-year limitation is for commercial background searches only.... Read more »

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4 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I quit my job with an employer because i was harrased everyday about my vegetarian diet but i never told anybody it was

Personal religious dietary choice as a follower of buddhism. I never really much spoke up to the people harrassing me or my employer about the harrasment and why that was the reason i really stopped working there, was this wrong of me to do and was it legal even if i did not speak up about the... Read more »

William John Light
William John Light answered on Feb 3, 2021

If you don't speak up, your employer has no way of knowing that it should protect you from religious discrimination. Unless the person harassing you was a corporate officer or managing agent, you do not have a case.

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3 Answers | Asked in Employment Discrimination, Employment Law and Sexual Harassment for California on
Q: Do I have a case if my old boss forcefully interrogated every employee to talk about what they think of me?

I sent my boss an email about the hostile environment she was creating. I told her my concerns, but she attacked me and said I was judging her. I also sent a separate email to my coworkers, after quitting, informing them about the situation and asking them if I was the only one that felt this way.... Read more »

Neil Pedersen
Neil Pedersen answered on Feb 3, 2021

No. You do not have a case because your boss asked all of the other employees questions about you. The employer is allowed to do that.

It is important for you to know for the future that there is nothing unlawful about a boss creating a work environment filled with hostility. The term...
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