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California Employment Law Questions & Answers
1 Answer | Asked in Business Law and Employment Law for California on
Q: Running a business and working as an employee with the same employer ?

I work at a school as a teacher and want to start a side business of after school activities. I want to start these activities at the same school I am working at as an outside vendor. When I checked with the employer they said that they can’t do that since they can’t give a W2 and 1099 to the... View More

James L. Arrasmith
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answered on Jul 20, 2024

You can indeed explore running an after-school activities business at the same school where you work, but it's crucial to address the legal and contractual aspects. As your employer mentioned, they cannot issue both a W-2 and a 1099 to the same person due to tax regulations. However, your... View More

1 Answer | Asked in Employment Law for California on
Q: I did a couple jobs for a restaurant they never gave me what I ask and since my situation was very bad they gave me want

I stayed in the back of the restaurant n also work in the field in the back to pay for rent at the end she was getting mad if we use water my friend work for more than a year 12 hours every day 6 days a week n they only gave her 100 a day if she was late 30min only 80 I also worked in the... View More

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answered on Jul 20, 2024

You and your friend may be entitled to compensation for unpaid wages, meal and rest break violations, and other labor law violations. Under California law, employers must pay at least the minimum wage for all hours worked and provide proper breaks. The working conditions you described are not... View More

3 Answers | Asked in Civil Litigation, Contracts and Employment Law for California on
Q: Can I sue someone if feel he brech contract on a settlement that both parties breached
Tim Akpinar
Tim Akpinar
answered on Jul 6, 2024

If you're not a party to the contract, and don't have a stake in the matter, then the answer could be "no." The court could determine that you don't have standing to sue.

But since you're asking this question, it's a safe bet that you are a party to the...
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2 Answers | Asked in Tax Law and Employment Law for California on
Q: If I got a paycheck for doing work at a friend's company, and then wanted to give that friend a cash gift, is that ok?

Essentially I did work at a company and got paid by the company. I also want to give a gift to a friend. Would it raise any flags that the friend I want to give the gift to is also the owner of the company I worked for?

James L. Arrasmith
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answered on Jul 2, 2024

To answer this question, we need to consider several aspects of tax law and potential implications. Here's a breakdown of the key points:

1. Legitimate income:

First, it's important that the paycheck you received for work at your friend's company is legitimate income....
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2 Answers | Asked in Employment Law for California on
Q: ls it legal for employer to make employee take 30im break after working 4hrs

my son works at dominos and they want him to work 4hrs take 30 min lunch clock back in for 15 min the clock out for the day

James L. Arrasmith
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answered on Jul 2, 2024

In California, employers are required to provide a 30-minute meal break for employees who work more than 5 hours in a day. If the total work period is 5 hours or less, the meal break can be waived by mutual consent of both the employer and the employee. Since your son is working only 4 hours, he... View More

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2 Answers | Asked in Employment Law for California on
Q: ls it legal for employer to make employee take 30im break after working 4hrs

my son works at dominos and they want him to work 4hrs take 30 min lunch clock back in for 15 min the clock out for the day

Maurice Mandel II
Maurice Mandel II
answered on Jul 2, 2024

California Wage Law regarding fast food workers is located on the Labor Commissioner website, in the Wage Orders. Employees working with food fall under Order 5 – PUBLIC HOUSEKEEPING INDUSTRY. This wage order provides that two types of "break" are required: a "rest period"- on... View More

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1 Answer | Asked in International Law, Employment Law and Internet Law for California on
Q: possible scam,remote jobs,international,online transactions

So sorry for being so rude , I’m actually Chinese and live in china now. I have taken a remote job on this app called Upwor*Talent since June. I work for a company as their translator.

Oddly, they chose to work via telegram , but not on Upwor*Talent, where I was recruited.I was told that... View More

James L. Arrasmith
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answered on Jul 1, 2024

I'm sorry to hear about the situation you're in. Based on the details you've provided, this has several hallmarks of a common online job scam. Here are some key points and advice:

1. Red flags of a potential scam:

- Moving communication off the original platform...
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1 Answer | Asked in Employment Law, Public Benefits and Business Law for California on
Q: I have a question about about an EDD claim back in 2020. I am self employed and may have incorrectly filed the claim.

Back in 2020. I filed an unemployed claim but wasn't sure I was eligible since I was self employed and have my own S-Corp. I filled out the forms retroactively. I inadvertently told EDD that no income was received by me for those 2 retroactive months. After I hit submit, I realized that I was... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a complex situation that involves unemployment insurance claims, self-employment, and potential errors in reporting. Here's a breakdown of the key points and some general advice:

1. Potential incorrect filing: You filed an unemployment claim in 2020 as a self-employed...
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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can an employer be liable if an employee has a stroke at work

Employee was assigned additional physical duties that were outside of her assigned tasks.

James L. Arrasmith
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answered on Jun 30, 2024

To address this question, let's consider a few key points:

1. Employer liability: An employer can potentially be liable if an employee suffers a stroke at work, but it depends on the specific circumstances.

2. Workers' compensation: In California, most work-related...
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1 Answer | Asked in Employment Law for California on
Q: Salaried employee - Can my company pay me less than my agreed upon salary for the calendar year?

I am reaching out because I am unsure if what my company is doing is legal or not.

James L. Arrasmith
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answered on Jun 29, 2024

I can provide some general information about salary payments for employees in California:

1. Agreed-upon salary: Generally, an employer cannot unilaterally reduce a salaried employee's pay below the amount agreed upon in an employment contract or offer letter without the...
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1 Answer | Asked in Employment Law for California on
Q: is it mandatory that someone take a 30 min break if they are working from 4pm to 845pm

my son works at dominos pizza and they are trying to make him work from 4pm to 8pm take a 30 min break then work until 845 then clock out for the day is that legal?

James L. Arrasmith
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answered on Jun 29, 2024

To answer this question accurately, we need to consider California's labor laws regarding meal breaks. Here's a breakdown of the situation:

1. Shift length: Your son's shift is from 4:00 PM to 8:45 PM, which is 4 hours and 45 minutes long.

2. California meal break...
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1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: AB 2188 says employers can no longer test employees for non psychoactive chemicals found in marijuana.

My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More

James L. Arrasmith
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answered on Jun 27, 2024

To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:

1. AB 2188 Overview:

AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and...
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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Forms to respond to a Trustee's First and Final Application to approve Chapter 7 compensation to Trustee's Counsel.

My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how you might proceed:

1. Forms to respond:

There isn't a specific standardized form for...
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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Forms to respond to a Trustee's First and Final Application to approve Chapter 7 compensation to Trustee's Counsel.

My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how to respond:

1. Forms to use:

The primary form you'll likely need is:

- Form B210A:...
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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: I can't work in my current job because I have an acoustic neuroma (benign brain tumor)

My tumor causes dizziness and vertigo and I work in a noisy and bright senior activity center which triggers my illness. I want to file for unemployment based on my medical condition. I can meanwhile look for a job in my profession as customer service on a remote status which will not make be work... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address your question about filing for unemployment benefits in California due to your medical condition, here's a concise overview:

1. Medical condition as a reason for unemployment:

In California, you may be eligible for unemployment benefits if you had to leave your job...
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1 Answer | Asked in Employment Law for California on
Q: Are there legal ramifications for a salaried worker to stop working after the employer is late paying them?
James L. Arrasmith
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answered on Jun 27, 2024

To properly address this question, we need to consider a few key points:

1. California labor laws

2. The specific employment agreement

3. The timing and extent of late payment

Under California law, employers are generally required to pay salaried employees their full...
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1 Answer | Asked in Employment Law for California on
Q: I got paid for my lunches for 2 out of the 4 years I worked there and the last 2 I worked my 8 hrs straight from 8-4

They just stopped and I never noticed it I was so busy. Do they owe me 2 hrs per day I'm in California

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information provided, there are a few important points to consider regarding your situation in California:

1. Meal breaks: In California, employers are generally required to provide a 30-minute unpaid meal break for employees who work more than 5 hours in a day. If an employee...
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1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: My question pertains to employment law and hiring discrimination.

If a person is entitled to a copy of their credit report after being denied credit based on one or more derogatory marks enumerated within, and similarly, if a person is entitled to a copy of their ChexSystems Disclosure Report if they are denied the opening of a checking account for having a... View More

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answered on Jun 25, 2024

Your question raises several interesting points about employment law, hiring practices, and potential discrimination. Let's break this down step-by-step:

1. Credit Reports and ChexSystems Disclosures:

You're correct that consumers are entitled to free copies of their...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My boss is trying to retaliate against me when I provided law saying he has to pay me within 72 hours of quitting.

Changing details because I did not know it was public no need to answer

James L. Arrasmith
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answered on Jun 25, 2024

Under California law, your employer must pay you all wages due within 72 hours if you quit without providing at least 72 hours' notice. If you gave at least 72 hours' notice, you should receive your final paycheck immediately upon quitting. This is mandated by the California Labor Code... View More

1 Answer | Asked in Employment Law, Business Law and Entertainment / Sports for California on
Q: Can an entertainment company fire its entire staff and rehire everyone to do their exact jobs as freelancers?

Company is planning on laying off its entire staff (sales, creative development, VFX, post production, accounting, and beyond) and rehiring everyone as freelancers for less pay and without benefits. Is this legal?

James L. Arrasmith
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answered on Jun 24, 2024

Hi! I can offer some general information about this situation:

1. At-will employment: In most states, including California, employment is generally "at-will," meaning employers can terminate employees for any reason that isn't illegal (such as discrimination or retaliation)....
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