First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.... View More

Sorry that you had your wages STOLEN by this apt owner. I hear about this all the time. Because you provided physical labor on the premises, you may also be entitled to file a mechanic's lein against the property. If you do, you have to be prepared to file a lawsuit to enforce it, however the... View More

The short answer is probably not. The California minimum wage law for mechanics who provide their own tools does not apply to apprentices. According to 8 CCR § 11100, when tools or equipment are required by the employer or necessary for the job, the employer must provide and maintain them, except... View More

The short answer is probably not. If you were employed by a public school, you should not be entitled to waiting time penalties as Labor Code 203 is among the provisions that do not apply to governmental employers. Under Labor 200(b) Sections 200 to 211, inclusive, and Sections 215 to 219,... View More

You are entitled to reimbursement for all auto-related expenses when you use your own vehicle to carry out work-related actions. That is often done by paying you an amount of money per mile, but can also be straight reimbursement for gas, wear and tear, insurance, and the like. Just know that you... View More

Your rights are governed by 2 different things. first there are the laws, which are found in the wage orders for your type of job, located on the Labor Commissioner website. You may be WO 4 as a professional. In the wage orders there are special rules that apply to "Health Care Workers."... View More

Labor Code 1102.5 protects employees, including non-profit employees, for reporting or opposing what they in good faith believe to be illegal conduct. Lack of leadership is not illegal, but bullying may be illegal if motivated by hostility toward a protected class or opposition to illegal conduct.... View More

First, employees of a non-profit are to be treated the same way as employees of a for profit enterprise. No difference.

Second, bullying in the workplace and a systemic lack of leadership structure are not unlawful unless you can prove the bullying is being targeted at you because you are... View More

The first question is whether the employee communicated with his employer about his absence. If the illness was so severe and unexpected that it prevented communication, then the failure to notify the employer could be excused.

In California, if your employer has at least 5 employees, then... View More

Yes, you can have the same employee work at two of your locations. The issue will be whether they will need to be paid overtime after they work 8 hours in a workday or 40 hours a workweek. That issue will be resolved by looking at the type of work, the level of control by you of the two... View More

You will likely be sued for multiple wage and hour violations, including but not limited to unpaid overtime, meal and rest break violations, wage statement penalties, etc., unless there is a great deal of separation between the companies. The corporate form is not enough.

If the companies... View More

In California you are considered to be employed on an at will basis unless you have an agreement to the contrary about that status with your employer. The employer of an at will employer can terminate the employee at any time and for any reason or even no reason at all. Terminating you for... View More

Far more needs to be known about your situation before an attorney can confirm whether you are being treated unlawfully. However there are indications in your post that the employer may be violating the Fair Employment and Housing Act. For instance, you do not post about what restrictions you have... View More

Yes. An employer has no legal obligation to treat all employees the same. However, if you suffer an adverse difference in treatment because you are a member of a protected class of people or because you engaged in some form of legally protected conduct, then you might have a meritorious unlawful... View More

The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More

It is lawful to do as the employer has suggested. The thing you should consider doing, however, is getting confidential specific advice about the issues you will be giving up as part of the severance agreement. There are serious red flags of possible unlawful conduct when you get terminated... View More

You shouldn't have to wait, but mistakes happen. If you get to the point that you believe the IHSS is no longer trying to correct the problem then the quickest way to deal with the issue is either (1) hiring an attorney to demand payment and work out a settlement that should include, at the... View More

It is not unlawful discrimination to treat you differently because of who employs you. The employer has the right to have rules of this sort. You are not in a protected class of people because you are employee of you employer. As an at will employee you have the right to find work elsewhere and... View More

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answered on Nov 4, 2024

I presume this question is based on the premise that you have implied but not stated fully: employees, during *non-working hours* that visit their place of work (City golf course) are not allowed to drink while on the premises, whether or not they are working that day or at the time.

If... View More

I am sorry this is happening to you. However, your employer does not have to be fair or reasonable in this regard. As an at will employee your employer can discipline you, suspend you and even terminate you at any time and for any reason whatsoever, even if the reason was not your fault. The... View More