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California Employment Law Questions & Answers
2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my supervisor civilly for harassment and racism

I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More

James L. Arrasmith
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answered on Apr 18, 2024

Based on the information you provided, it seems that you have already sued your employer for harassment and racial discrimination, and while the jury found your employer negligent in preventing your supervisor's actions, they did not award you any compensation because they felt you were not... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Can I sue my supervisor civilly for harassment and racism

I sued my employer and the court gave a verdict in favor of my employer but the jury found my employer was negligent and didn’t do anything to prevent my supervisor from harassment and racial abuse my lawyer filed judgment not withstanding the verdict the court said my employer was guilty of... View More

Neil Pedersen
Neil Pedersen
answered on Apr 18, 2024

I disagree with the other attorney answering here. You should have sued the supervisor at the same time the employer was sued. You will likely be precluded from suing for the exact same thing seeking the exact same damages against the supervisor. At the very least you have a judgment saying that... View More

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1 Answer | Asked in Employment Law for California on
Q: Can a company make me wait to receive my pay?

Hello, I recently discovered I was missing 2 checks from a payroll company. These checks are almost 3 years old at this point. After reaching out to them in to recover my missing wages I'm being told I need to wait till June-September (up to 18 months they said) to receive my money. Can they... View More

James L. Arrasmith
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answered on Apr 18, 2024

In California, employers are required to pay employees their wages on time according to a regular schedule. If an employer fails to pay wages on time, they may be subject to penalties under California labor law.

According to the California Labor Code Section 202, if an employee quits or is...
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1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for California on
Q: Potential employer. Job opening reads DEI. People of color especially encouraged to apply. Is this 100 percent legal

if I qualify in every requirement except for my skin color/sexual orientation/age?!? If not, can I take the company to small claims over it? Thank you!

James L. Arrasmith
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answered on Apr 17, 2024

Under California law, it is generally illegal for an employer to discriminate based on protected characteristics such as race, color, national origin, sexual orientation, or age in their hiring practices. This includes stating a preference for certain protected groups in job postings.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: i live in california and want to do security work which requires a guard card and have to have a background done.

My problem is i have a felony from 32 years ago for embezzlement. employment background only goes 7!years , what about livescan.. Xan i obtain a guard card ??

James L. Arrasmith
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answered on Apr 17, 2024

In California, obtaining a guard card (also known as a "guard registration card") with a criminal record can be challenging, but it may still be possible depending on the specific circumstances of your case. Here's what you should know:

1. Livescan background check: The...
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1 Answer | Asked in Employment Law for California on
Q: In California, is there case law supporting payment to employees for mandatory pre-employment required training?

Hiring agency required 6 plus hours of required training after job selection. They are calling it mandatory assessments and have cited case law to dodge request for compensation. We would like to respond with a similar case law rebuttal.

James L. Arrasmith
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answered on Apr 15, 2024

In California, there is indeed case law that supports payment to employees for mandatory pre-employment training. One key case is Frlekin v. Apple Inc., which was decided by the California Supreme Court in 2020.

In Frlekin v. Apple Inc., the court held that time spent by employees waiting...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More

James L. Arrasmith
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answered on Apr 13, 2024

Based on the information you provided, it seems there are several potential legal issues and violations of your rights under California law and federal law (FMLA). Here are some key points:

1. Asking about the specific method of your wife's childbirth (vaginal or cesarean) is likely a...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Employer asked if my wife gave birth vaginally/cesarean.is it legal.forced off pfl and fmla. disciplinary action

Received disciplinary action for attendance and scheduled in while off on pfl. Forced to cancel pfl. Employer refused to show me personnel file when requested and forcefully ripped pages from me. Never received designation letter. Told me I was to pay Employer med.coverage.used fmla days when no... View More

Neil Pedersen
Neil Pedersen
answered on Apr 13, 2024

You have not asked a question, leading me to believe that perhaps you are looking to have an attorney respond with an interest in working with you. Unfortuantely that is not what can happen here. This is only a short answer Q&A board. Your post suggests you may well have some legal rights... View More

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1 Answer | Asked in Employment Law and Military Law for California on
Q: The navy overpaid me on my last paycheck and now they are saying I owe them a debt with interest. How is this legal?

My final paycheck in the military was a few hundred dollars over what it was supposed to be. They sent me a letter stating this about 3 months after I was separated saying I need to pay it back with interest at 4%.

James L. Arrasmith
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answered on Apr 12, 2024

When the military overpays an individual, whether through clerical error or other mishaps, it indeed considers the extra funds as a debt owed back to the government. This is common across many branches, including the Navy. Once they've identified an overpayment, they are required to notify you... View More

1 Answer | Asked in Employment Law for California on
Q: Is a non-compete/non-solicitation agreement tied to stock appreciation rights legal in California?

My previous employer is headquartered outside of California and I worked managed their California branch. They issued me stock appreciation rights, but included a 2 year non-compete/non-solicitation clause in the SAR agreement. The agreement states that if I break the non-compete /non-solicitation... View More

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answered on Apr 10, 2024

In California, non-compete agreements are generally unenforceable, with a few limited exceptions. California Business and Professions Code Section 16600 states that "every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that... View More

1 Answer | Asked in Employment Law for California on
Q: Can an employer in San Diego California hold your final paycheck ( I handed in my two weeks notice)?

Employer is now saying she won’t give me my final paycheck until after I handed over my responsibilities first?

First of all, I am the only employee left in the office. There is no one to hand over or transition to. The employer herself does not show up in the office.

More... View More

James L. Arrasmith
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answered on Apr 10, 2024

No, it is not legal for an employer in California to withhold your final paycheck until you complete certain tasks or hand over responsibilities. According to California labor laws:

1. If you gave at least 72 hours notice before quitting, your employer must provide your final paycheck on...
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1 Answer | Asked in Employment Law for California on
Q: My employer in ca overpaid me and 4 days ago and said they would reverse the direct deposit
James L. Arrasmith
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answered on Apr 9, 2024

I understand that you are in a stressful situation with your employer in California having overpaid you and now planning to reverse the direct deposit that occurred 4 days ago. Here are a few things to keep in mind:

1. Communicate with your employer: Maintain open lines of communication...
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1 Answer | Asked in Employment Law for California on
Q: How to oppose motion for attorneys fees if defendant attorney lies under oath in their declaration supporting the motion

My employer partially prevailed in the anti-SLAPP motion. Will they be awarded attorney fees if their attorney perjured themselves in the judicial process? Should I file a cross-motion for fee shifting?

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answered on Apr 8, 2024

Under California law, if a defendant prevails, even partially, on an anti-SLAPP motion, they are generally entitled to recover their attorney's fees and costs. However, if their attorney committed perjury in the process, you may have grounds to oppose the motion for attorney's fees. Here... View More

2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.

Neil Pedersen
Neil Pedersen
answered on Apr 7, 2024

It depends on what was shared. The reason you needed time off is not inherently confidential unless the reason relates to your medical condition or the medical condition of a close relative. Therefore more needs to be known about the information that was shared before someone could tell you if it... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If I had to take time off from work, and in confidence I explained to my manager the reason for why, is it legal

Is it legal for my manager to share that confidential information with my fellow employees? I had an abortion and needed time off due to the traumatic experience as well as physically needing to heal.

James L. Arrasmith
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answered on Apr 8, 2024

In California, it is generally illegal for your manager to share confidential medical information that you disclosed to them with your co-workers. This would likely be a violation of your privacy rights.

The California Confidentiality of Medical Information Act (CMIA) prohibits employers...
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1 Answer | Asked in Employment Law for California on
Q: I have a question regarding AB 5, and how it relates to subcontracting in California.

In the situation where the company holds a C-6 license for example, and is able to produce 1 cabinet per week in house for example. If an opportunity presents itself where 3 cabinets per week would need to be produced for a limited time of 1 month. The manner in which I would imagine going about... View More

James L. Arrasmith
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answered on Apr 7, 2024

Under California law, AB 5 introduces the "ABC test" to determine if workers are employees or independent contractors. This test is stringent, particularly regarding work that is similar to the hiring company's primary business activities. In your case, outsourcing work to companies... View More

2 Answers | Asked in Employment Law for California on
Q: do i get paid for my final hours working if i'm fired? (california)

i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training

i want to make... View More

Neil Pedersen
Neil Pedersen
answered on Apr 6, 2024

You must be paid for all of the time you worked for this employer. That includes training time. If you do not get paid all that is owed to you on the day you are fired, you will not only be entitled to the pay you earned, but if you can prove the final paycheck was willfully not paid on time you... View More

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2 Answers | Asked in Employment Law for California on
Q: do i get paid for my final hours working if i'm fired? (california)

i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training

i want to make... View More

James L. Arrasmith
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answered on Apr 6, 2024

In California, employers are legally required to pay employees for all hours worked, including training time and the hours worked during the last pay period, regardless of whether the employee was fired or quit voluntarily.

According to the California Department of Industrial Relations,...
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1 Answer | Asked in Employment Law for California on
Q: Is there a certain time frame by law that an employers must give details to employees about the sale of the company?

Such as, will we be kept by other company with same pay, title, seniority as well as any other relevant information that one would know if they were applying for a job. It has been about two months since the announcement was made and no personal relevant info is being provided to employees other... View More

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answered on Apr 5, 2024

Under California law, there is no specific time frame that employers must adhere to when providing details to employees about the sale of a company. However, there are certain regulations and best practices that employers should follow to ensure transparency and fair treatment of employees during... View More

2 Answers | Asked in Employment Law and Contracts for California on
Q: As a contractor can employer require us to work for an 8 1/2 hour shift 5 days a week for a flat rate of 270 each day

if we finish the assigned stops for the day we have to return to get more work if it’s not eight hours yet

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answered on Apr 5, 2024

As an independent contractor in California, your relationship with the company that hired you is governed by the terms of your contract, not employment law. However, there are some important considerations:

1. Classification: It's crucial that you are correctly classified as an...
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