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California Employment Law Questions & Answers
5 Answers | Asked in Business Law, Contracts and Employment Law for California on
Q: Is it legal for a board member to use employees for another company?

I am part of a company in California where one of the board members has been directing our employees to work temporarily for another company he is involved in. This has been happening for at least 6 months, and we disagree with this practice as there are no formal agreements and the companies are... View More

Michael R Trust
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answered on Jun 12, 2025

Hello. As long as the Board approves it, and it's not ultra vires to the purpose of the original organization, it's legal. Now, if contracts are not being handled correctly or there's fraud, that's different. Good luck.

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5 Answers | Asked in Business Law, Contracts and Employment Law for California on
Q: Is it legal for a board member to use employees for another company?

I am part of a company in California where one of the board members has been directing our employees to work temporarily for another company he is involved in. This has been happening for at least 6 months, and we disagree with this practice as there are no formal agreements and the companies are... View More

Brad S Kane
Brad S Kane
answered on Jun 12, 2025

The situation you describe appears to be breach of fiduciary duty and misappropriation of corporate assets. You should immediately speak with the Corporation counsel as well as bring the issue to the Corporation's board.

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5 Answers | Asked in Business Law, Contracts and Employment Law for California on
Q: Is it legal for a board member to use employees for another company?

I am part of a company in California where one of the board members has been directing our employees to work temporarily for another company he is involved in. This has been happening for at least 6 months, and we disagree with this practice as there are no formal agreements and the companies are... View More

Pavel Kolmogorov
PREMIUM
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answered on Jun 12, 2025

Generally speaking, the situation you've described is not allowed. Here are the main issues I see:

1. Director’s Breach of Duty: Directors must act in the best interests of their company and its shareholders. Using the company's employees for another business without proper...
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3 Answers | Asked in Employment Law, Personal Injury and Consumer Law for California on
Q: Can I file a lawsuit against KFC for pest issues, wage theft, and harassment policy violations in California?

I have been employed at a KFC since December and have witnessed several issues that concern me. Our restaurant is dealing with a severe pest problem, with cockroaches seen regularly. Our regional general manager (RGM) does not take action to resolve this and mishandles other matters. For instance,... View More

Brad S Kane
Brad S Kane
answered on Jun 12, 2025

First, an employer has a legal duty to stop and prevent harassment by customers. It is important that you take detailed notes and document each incident.

Second, there are also wage theft claims.

As a result, you should speak with an employment attorney to discuss the best way to...
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2 Answers | Asked in Employment Law for California on
Q: Can FMLA be denied if the doctor is unavailable to specify an end date for permanent disability?

I requested FMLA starting April 27th for my little brother's immediate medical emergency and submitted the necessary documents by May 18th. Despite this, I received a clarification request to have the doctor specify an FMLA end time, but the doctor was on vacation and my brother is mentally... View More

Michael R Trust
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answered on Jun 7, 2025

Hello. Yes, the employer is entitled to an estimated or actual end date. Brothers typically don't fall under FMLA; however, they can be covered under CFRA. A brother can he covered under FMLA if yiu stood in loco parentis, but this is not the case, because your/his mother is in that role.... View More

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3 Answers | Asked in Gaming and Employment Law for California on
Q: Legal issues with workplace gambling in California?

Is it legal for the owner of my workplace to host after-hours gambling activities on the premises, involving large amounts of money, in California?

Brad S Kane
Brad S Kane
answered on Jun 5, 2025

Probably not. In California, gambling is generally prohibited. Land based gambling facilities are on tribal land, where California law does not apply. The fact the gambling is after hours lends credibility to the inference of illegality. Further, if the facility does not openly advertise its... View More

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3 Answers | Asked in Employment Law, Civil Rights and Consumer Law for California on
Q: Can I sue for unauthorized background screening affecting my work?

I was contracted to work at a place through my employer and discovered that they ran an unauthorized background screening on me with the police department. This happened despite my providing proof of FBI and DOJ clearances. I was not informed or consented to this screening, and it resulted in me... View More

Louis George Fazzi
Louis George Fazzi
answered on Jun 5, 2025

You should contact the Labor Commissioner's office and make a claim for the unpaid wages. Here's their website: https://www.dir.ca.gov/

You can copy and paste the link in your browser. Once you get there, you'll see how to file a claim for unpaid wages. It is their job to...
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2 Answers | Asked in Employment Law for California on
Q: Should my Saturday work hours be considered overtime as a non-exempt employee in California?

I am a non-exempt employee in California. I worked from Tuesday, May 27th, to Friday, May 30th, for 10 hours each day, totaling 40 hours, including 8 hours of overtime. Additionally, I worked 6 hours on Saturday, May 31st. These hours were not compensated as overtime but as regular pay. I was not... View More

Michael R Trust
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answered on Jun 5, 2025

Hello. You have a couple of things going on here: 1) OT in CA is either daily or weekly. There's no stacking. So, your employer could pay you two hours of OT for each of the four days, or pay you the total OT on the weekly payroll for going over 40 hours; 2) Based on what you wrote, Saturday... View More

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2 Answers | Asked in Contracts and Employment Law for California on
Q: Early termination of an at-will contract due to alleged poor performance without evaluation.

I had an "at will" one-year contract with a company, which was terminated early due to alleged poor performance. During my 7-month tenure, I never received any feedback or performance evaluation. There were no discussions or formal reviews concerning my work. Is this early termination... View More

Michael R Trust
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answered on Jun 3, 2025

Hello. You can't be "at-will" and under a contract at the same time. It's one or the other. If you were at-will, you can be terminated for no reason or any reason, so long as the reason is not illegal (which based on what you wrote, it isn't), with or without notice. If you... View More

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can employer enforce signing an arbitration agreement after hiring?

My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?

Michael R Trust
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answered on Jun 3, 2025

Hello. Yes, your employer can require it at any time, unless your union contract prohibits it. What does your union say? If your employer requires it, and your union doesn't prohibit it, it's a condition of employment and not signing could result in termination. Good luck.

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3 Answers | Asked in Arbitration / Mediation Law and Employment Law for California on
Q: Can employer enforce signing an arbitration agreement after hiring?

My employer is requiring all existing employees to sign an arbitration agreement by August 1st, although it was never part of the hiring process. No information has been provided about the consequences of refusing to sign. I am also a union member. Can they enforce this requirement?

Brad S Kane
Brad S Kane
answered on Jun 3, 2025

In California, an employer can legally terminate you for refusing to sign an arbitration agreement as a condition of continued employment. However, certain types of claims are not subject to arbitration as a matter of law, such Private Attorney General Act ("PAGA") claims.

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2 Answers | Asked in Employment Law and Collections for California on
Q: Guidance on filing claim for unpaid IHSS provider wages for hours worked between June 16, 2023, and August 12, 2023.

I am an IHSS provider and have not been paid for the full hours I worked between June 16, 2023, and August 12, 2023. I worked a total of 1062 hours but was paid for only 453 hours. I have contacted the county social worker and the recipient multiple times via email and text, but have not filed any... View More

Brad S Kane
Brad S Kane
answered on Jun 2, 2025

You can file a free online complaint with the Labor Commissioner. Instructions and an overview of the process are at the link below:

https://www.dir.ca.gov/dlse/howtofilewageclaim.htm

The Labor Commissioner can only recover wages for 3 years before the date you file your complaint....
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2 Answers | Asked in Civil Rights, Employment Law, White Collar Crime and Criminal Law for California on
Q: Seeking legal advice on extortion, compensation for emotional distress, civil rights violations, favoritism, manipulation, ageism discrimination in California.

I am experiencing ageism, favoritism, and manipulation, and I cannot seem to get justice on my behalf. Since April 2023, I have reported the situation to the police, but they claim they cannot do anything. I have evidence, including pictures and video recordings, of individuals supporting and... View More

Mario Tafur
Mario Tafur
answered on Jun 2, 2025

To address your legal concerns effectively, consider the following steps:

Extortion: Consult with an attorney to evaluate your evidence and determine whether to pursue criminal charges through law enforcement or civil remedies under California Civil Code §§ 1566–1570, which address...
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Q: How can I protect myself and prove fake names without violating HIPAA in California?

I'm a Licensed Vocational Nurse (LVN) and I've been noticing that my facility has been allegedly committing insurance fraud for the past 10 months by accepting clients under fake names. I've also been asked to alter withdrawal scales and breathalyzer or drug screening results.... View More

William John Light
William John Light
answered on Jun 1, 2025

Unclear to whom you are reporting. 1. Work your way up the chain of command. 2. Contact the licensing agency for your facility. As a whistleblower, you should be protected from adverse employment actions, and if that is violated, you may have a lawsuit.

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2 Answers | Asked in Employment Law for California on
Q: Can I address retaliatory work hour reduction in California?

I have been employed full-time since 2019, but in the past two years, my schedule was changed to on-call, and recently it has been set to part-time without my consent. I suspect this change is in retaliation for my filing for partial unemployment, as the reduction in hours occurred after doing so.... View More

Michael R Trust
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answered on May 29, 2025

Hello. Assuming you're an at-will employee, your employer can change your schedule as they see fit, so long as it's not due to a discriminatory reason. Thus, the first change, assuming it was simply a management decision not based on any protected activity, was legal. The second change,... View More

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3 Answers | Asked in Employment Law and Contracts for California on
Q: Can I negotiate severance and take action for termination due to ethical restrictions?

I recently accepted an offer for an exempt position at a company after leaving my city government job. The offer included an "at-will" employment clause allowing termination without cause. Prior to and during the interview, I verbally informed the company about my ethical restrictions... View More

Michael R Trust
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answered on May 27, 2025

Hello. Did your offer letter confirm or reference these restrictions? That would've been ideal.

You can try to negotiate anything. Severance isn't required by law. I would think that the company would want to give you generous severance package, however, due to what's...
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3 Answers | Asked in Employment Law and Contracts for California on
Q: Can I negotiate severance and take action for termination due to ethical restrictions?

I recently accepted an offer for an exempt position at a company after leaving my city government job. The offer included an "at-will" employment clause allowing termination without cause. Prior to and during the interview, I verbally informed the company about my ethical restrictions... View More

Neil Pedersen
Neil Pedersen
answered on May 27, 2025

You can always try to negotiate a better severance payment, but there is no legal right to more money. In fact, you are not entitled to any severance, even under these conditions. You became employed at will which means you can be terminated at any time and for any reason or even no reason at... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Is my wife's termination due to pregnancy a wrongful termination?

My pregnant wife was recently let go from her position as the Environmental Health and Safety coordinator at an ITAR facility for metal production and forming technologies. Along with her, her manager and an HR recruiter were also terminated, eliminating the company's safety team. During her... View More

Brad S Kane
Brad S Kane
answered on May 26, 2025

If you can prove that at least part of the employer's motivation for terminating your wife was her pregnancy and/or request for pregnancy related accommodations, she has a claim for wrongful termination. If the CEO overrode HR recommendation not to terminate your wife, there is likely a strong... View More

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3 Answers | Asked in Employment Law for California on
Q: Can I reclaim my previously accrued sick leave hours after rejoining my employer in California?

I had 86 hours of accrued paid sick leave with my employer during my first contract. I rejoined the same employer after a gap of 6 months. Initially, the pay stubs reflected the 86 hours balance and added new hours accrued. However, after a couple of weeks, my employer reset the sick leave hours to... View More

Michael R Trust
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answered on May 24, 2025

Hello. If you're a contract employee, you aren't entitled to paid sick time, except by any terms of the contract. If you're a regular employee, you're entitled to have your accrued, unused sick time reinstated, unless it was paid out when you left (for example, as PTO). Good luck.

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3 Answers | Asked in Employment Law for California on
Q: Can I reclaim my previously accrued sick leave hours after rejoining my employer in California?

I had 86 hours of accrued paid sick leave with my employer during my first contract. I rejoined the same employer after a gap of 6 months. Initially, the pay stubs reflected the 86 hours balance and added new hours accrued. However, after a couple of weeks, my employer reset the sick leave hours to... View More

Neil Pedersen
Neil Pedersen
answered on May 26, 2025

The answer to your question depends entirely on the way you accrued the sick leave. There is a California law that requires employers to provide a certain amount of sick leave, and there are individual company sick leave policies that can supplement what the law requires. If your sick leave was... View More

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