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California Employment Law Questions & Answers
2 Answers | Asked in Employment Law, Workers' Compensation and International Law for California on
Q: International Independent Contractor law for wage claim

I am an independent contractor from the Philippines and my employer is a US citizen who has not paid for $2500 and more than 30 days past due. I need assistance in reference to the unsettled payment and corresponding charges for damages and other fees.

Nancy J. Wallace
Nancy J. Wallace
answered on Oct 5, 2022

Workers Compensation IS NOT a remedy for Independent Contractors. Wage Claims are NOT covered by the Workers Compensation Act of the Labor Code. (It sounds like it would, but it's just for employees who get physically hurt performing their job.) If you are an Independent Contractor, you... Read more »

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2 Answers | Asked in Employment Law for California on
Q: Vaccination Policy

I moved States for a new job. When I signed the offer letter I also signed the companies vaccination policy (1st and 2nd Shot) and was in full compliance. Now I moved, already working and suddenly HR asks for my vaccination card again. Shortly after I received an email saying they mistakingly had... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Oct 5, 2022

The employer is within its right to ask you to get a booster shot. If your refuse, you may be terminated. Best of luck.

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1 Answer | Asked in Contracts and Employment Law for California on
Q: Can I so no when my job wants to change my start date on my contract by requesting me to agree to additional addendums?

If the agreed start date is already set. Can I force them to stay firm on it and start me on payroll? They keep changing my start dates and this is the sixth time they’ve done so.

Neil Pedersen
Neil Pedersen
answered on Oct 5, 2022

Probably not. Unless you have a guaranteed start date in a contract that is not part of an at will employment relationship, the employer has the right to change the terms and conditions of your employment - including your start date - at any time and for any reason or even no reason at all.... Read more »

1 Answer | Asked in Employment Law for California on
Q: What METHODS of proof should a non-exempt employee use to PROVE overtime hours worked - other than timesheets in CA?

I worked for a property management company in California that required me to be available 24hrs a day and would not allow me to post hours of operation. I worked an average of 10 hrs per day and my husband worked 5hrs per day. However they only gave us 110 hrs per month. We obviously worked more... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 5, 2022

Your own oral testimony, percipient witness testimony, cell phone or text messaging data, we have even used an employee's mobile phone tracking software. Be creative. Keep in mind that if the employer failed to keep accurate time records, then your testimony will be presumed to be accurate.... Read more »

2 Answers | Asked in Employment Law for California on
Q: Can a company offer switch from to part time employment due to health issues. Then take back part time offer once accpe?

I am on my final days with an agency. So I found out I had certain health issues and discussed my possible resignation with the agency. The person in charge stated that if I wanted to consider staying on board for 10 hours a week so that I had time to take care of myself and continue to work. I... Read more »

James R. Dickinson
James R. Dickinson
answered on Oct 4, 2022

More information is needed. Speak with a local employment law attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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2 Answers | Asked in Employment Law for California on
Q: Can a company offer switch from to part time employment due to health issues. Then take back part time offer once accpe?

I am on my final days with an agency. So I found out I had certain health issues and discussed my possible resignation with the agency. The person in charge stated that if I wanted to consider staying on board for 10 hours a week so that I had time to take care of myself and continue to work. I... Read more »

Neil Pedersen
Neil Pedersen
answered on Oct 4, 2022

More needs to be known about your situation to determine if the employer has violated the law. This area of law is very fact-specific.

Generally, an employer has the right to change the terms and conditions of the job at any time and for any reason or even no reason at all. However, it...
Read more »

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2 Answers | Asked in Employment Law for California on
Q: My employer created an anonymous suggestion box on our intranet. Are they held to that anonymity legally?
Neil Pedersen
Neil Pedersen
answered on Oct 4, 2022

No. Not really. The reason for such a box is for employee suggestions, not employee complaints. If you have a complaint that you want to make, do so directly to your supervisor or the HR department. Suggestions will be shared with people within the company to determine the viability and... Read more »

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2 Answers | Asked in Copyright, Criminal Law, Employment Law and Personal Injury for California on
Q: California CCP 170.6. Granted Nov/21. Then I filed " BLANK " motion in August 2022 and the disqualified J is back ?

It's a commissioner not a judge . And the Honorable un separate action took RJN of the Disqualified Case. within consistent ' FACTS ' noticed. 3rd world....

Dale S. Gribow
Dale S. Gribow
answered on Sep 30, 2022

if this is a Commissioner and not a judge, just don't stipulate..........don't waste your 170.6

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2 Answers | Asked in Employment Law for California on
Q: Can a company sue a non-employee for return of computer if they have no proof that they delivered it to my home?

I'm a freelancer who was working FT for one company. An assistant, with the company (using personal car), delivered computer equipt. to my home during COVID two years ago. I did not sign any documents upon receiving equipment. I no longer work for with this company. They have not asked for... Read more »

Brad S Kane
Brad S Kane
answered on Sep 29, 2022

First, you should do the right thing. Remember the Golden Rule - treat others how you would want to be treated. Would you like someone to keep your equipment, because they think you may not be able to prove it is your equipment. You would be outraged.

Second, even if you did not sign...
Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for California on
Q: Is it discrimination if employer says I can't call off at the last minute but allows coworker to numerous times?
Maya L. Serkova
Maya L. Serkova
answered on Sep 28, 2022

It may be discrimination, but not all types of discrimination are unlawful. Only discrimination based on protected membership in a particular class of people is illegal. Your query does not have enough facts to determine if any unlawful activity is afoot.

If there is more to your story, I...
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1 Answer | Asked in Employment Law for California on
Q: I exhausted my FMLA and CFRA but I’m on CA Disability. My regular schedule was taken. Our HR doesn’t seem to understand
Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

Your post is somewhat confusing. If you are still on disability, then why would your employer schedule you to work. Perhaps your post is just unclear. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and... Read more »

2 Answers | Asked in Employment Law for California on
Q: I lost my regular full-time schedule after returning from FMLA/CFRA due to my short term medical disability.

I still have outstanding time offs but for some reasons, I can’t access my “Time Off” section on our company’s portal.

Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

There is simply not enough in your post to know if your employer is violating the law or not. Generally, when you take FMLA/CFRA leave your right to return to your prior job or one similar thereto is guaranteed. If you cannot perform the essential functions of your job because of medical... Read more »

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2 Answers | Asked in Employment Law and Criminal Law for California on
Q: I work for CDCR prison as a doctor and I am put under investigation for possible timesheet fraud.

It was unintentional and due to disorganization on my part and billed for pts I may not have seen in person . I honestly thought I saw those pts n entered notes late and billed. It was only about 35 hours .

Should I resign or wait n see if it gets resolved ??

James R. Dickinson
James R. Dickinson
answered on Sep 28, 2022

You should speak with a local attorney who can advise you of your rights. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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2 Answers | Asked in Employment Law and Criminal Law for California on
Q: I work for CDCR prison as a doctor and I am put under investigation for possible timesheet fraud.

It was unintentional and due to disorganization on my part and billed for pts I may not have seen in person . I honestly thought I saw those pts n entered notes late and billed. It was only about 35 hours .

Should I resign or wait n see if it gets resolved ??

Neil Pedersen
Neil Pedersen
answered on Sep 28, 2022

This is a decision that is not legal in basis, but personal. You need to decide if you wish to have a resignation on your record, or possibly a termination for the cause stated. However, understand that resigning will not guarantee that the prison will not disclose the allegation to a future... Read more »

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1 Answer | Asked in Employment Law and Business Law for California on
Q: Can Registered Nurses work as an independent contractor “1099” through staffing agencies?

There are staffing companies issuing 1099 to Registered Nurses who want to pick up shifts at different hospital? Is this even Legal due to the inability to pass the ABC test for independent contractor?

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This hypothetical raises questions regarding the nature of the relationship between the nurse and the staffing agency likely more than the relationship between the nurse and the hospital the staffing agency contracts with. There are a limited and qualified exemptions to AB 5- speak with a local... Read more »

2 Answers | Asked in Employment Law for California on
Q: I have worked for Walmart for 7 years now I am now on SSD I can work 20 hours a week I going to get a full knee replace

So my boss doesn’t like me she is always giving me a bad time anyways she was only giving me 16 now she dropped my hours down to 8 hours a week yet giving everyone else even part time people all the hours that haven’t been there a 1/4 of the time I have I am on the door at Walmart can she take... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 27, 2022

This sounds like a worker's compensation issue. Speak with an attorney in your area. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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2 Answers | Asked in Employment Law for California on
Q: I have worked for Walmart for 7 years now I am now on SSD I can work 20 hours a week I going to get a full knee replace

So my boss doesn’t like me she is always giving me a bad time anyways she was only giving me 16 now she dropped my hours down to 8 hours a week yet giving everyone else even part time people all the hours that haven’t been there a 1/4 of the time I have I am on the door at Walmart can she take... Read more »

Maya L. Serkova
Maya L. Serkova
answered on Sep 27, 2022

In California, all employees are considered at-will unless there is a contract to the contrary. At-will employment means the employer may change your hours or terminate your employment at any time, with or without cause or prior notice, provided it does not violate anti-discrimination laws.... Read more »

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1 Answer | Asked in Employment Law and Sexual Harassment for California on
Q: False allegations of sexual harassment during employment transition from consultant to city resulting in resignation.

After false allegations co worker whom I dated ended the relationship. After one day of employment the awkwardness of going through the investigation and false rumors. I resigned effective immediately. I was reinstated as a consultant however the city denied my return, the HR Director asked the co... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 26, 2022

You have not asked a question.

I am sorry but there is nothing unlawful about your employer's conduct revealed in your post.

Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I missed a day from work because I was unwell. I used sick pay. Can I be disciplined for this?

I got a absence at work and recieved a PCR. That is a performance thing in my file. They have a absence policy. I used sick pay for that day. Does labor code section 234 apply to me in situation?

Brad S Kane
Brad S Kane
answered on Sep 26, 2022

You should not be disciplined for a valid use of paid sick leave. If you have a valid doctor's note or PCR test result, then you are likely protected by Labor Code 234.

1 Answer | Asked in Employment Law for California on
Q: City deny employment opportunities to former at will employee failing to provide 10 days written notice of resignation

City policy and procedures state employee employee shall give 10 notice of resignation

Policy does not stipulate failure to provide notice will result banned from future employment opportunities.

Brad S Kane
Brad S Kane
answered on Sep 26, 2022

An employer can legally refuse to hire a former employee after that employee failed to give advance notice of their resignation.

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