You say you were hired as a contractor. If you were lawfully classified as a contractor and not an employee then your right to be paid will be determined by the agreement you entered into with the company - not the California Labor Code.
That said, many employers are still getting it wrong...Read more »
If you parked illegally, you can be held responsible for paying for the violation. Your employer has no legal duty to pay for your fines associated with unlawful conduct. If the citation was for some kind of vehicle-related failure, such as fix-it tickets or no registration tag, then the employer...Read more »
This is a question you need to speak to your workers compensation attorney about. If you do not have a workers compensation attorney, you need to get one. You need an advocate that will fight to get you all of the benefits you are entitled to receive and if you are trying to do this yourself...Read more »
This is America. You can always sue someone. The actual question is whether suing will get you a good result for a price that does not exceed the amount you are seeking. Proving low valuation and fake pretense can be difficult. A detailed set of facts must be reviewed.
My father is being hospitalized from COVID and his prognosis is grim. It’s likely he will not be returning to work indefinitely. I need to update his address on file to my address as he no longer lives at the house he was renting. I have to go through the HR department at his work in order to... Read more »
An employer can lawfully terminate an employee who is out on leave if the leave is indefinite and there is no communication to the employer that suggests additional unpaid leave would allow the employee to return to work within a reasonably defined period of time. If he is terminated and dropped...Read more »
If a small business that is being sued for misclassifying employees as independent contractors, and the they choose to ammend payroll taxes, tax returns and retroactively reclassify these individuals, will it help in their position for the lawsuit? The plaintiffs were deceptive from the start and... Read more »
It is wise that you think proactively, but you should not do anything until you have retained your defense attorney who can then guide you through the best way to deal with the alleged liability. And you should not try to defend this case yourself. These kinds of cases can be bet-your-company...Read more »
The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting...Read more »
I work for the California Department of Motor Vehicles and have been there 32 years. Each office maintains what is called an informal folder, an employee folder. Things filed in there are time sheets, annual certifications, corrective and non-corrective memos. In addition, copies of hiring... Read more »
You have no injury at this point. If the file has been misfiled and is therefore still somewhere in the employer's possession, there is no chance of identity theft. Mistakes happen. Suing your government employer will likely end up costing time, money and effort and end up with either a...Read more »
The only law that speaks to your issue is the Reporting Time Pay law that says you have to pay part of the cancelled shift if you send an employee home once they arrive at the workplace for a scheduled shift. See here for more on that law: https://www.dir.ca.gov/dlse/faq_reportingtimepay.htm...Read more »
California law requires an employer to provide a reasonable opportunity to take a ten-minute, on-the-clock, uninterrupted, duty-free rest period for every four hours (or major portion thereof) that you work. The law does not say it has to be every two hours. It...Read more »
It is likely an ADA Request for Accommodation or FMLA certification form and you will likely need to fill it out if you wish to keep your job. I would recommend reaching out to an employment law attorney in your state if you have specific questions or want to discuss your options.
My shift starts at 8 but I need to be getting material an hour or half hour before. My hat I am u able to claim that hour I Tyler material on my time sheet. The company states that I don’t have to be paid it’s my responsibility. Is this true
If you are an hourly-paid employee you must be paid for all the time you spend doing activities for the employer. Generally employees are not required to be paid for commuting to and from the regular place of business. However, if you are required to make a detour to carry out a job function, you...Read more »
Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of...Read more »
In retail,was switched to a new position due to downsizing, I had done this position 15 yrs. ago, but injured my back stocking heavy liquids. I couldn't stand for 5 days, then saw my doctor. I was given a note that stated I was to be on lite duty for 30 days or if not followed, would be... Read more »
An employer is allowed to appoint a third party to administer leaves and return to work efforts. Sedgewick is just such a company. If you failed to turn the return to work note into Sedgewick when requested, the problem may be yours. If you did turn in the return to work documents from your...Read more »
In California, a private caregiver working in the home is entitled to overtime compensation at one and one-half times the employees’ regular rate of pay for all hours worked in excess of 9 hours per day or 45 hours per week.
Company C hired the consultants and signed their timesheets, we paid the consultants and then bill company C. 1 year later, Company C states that we are responsible for the payments that consultants didn't perform at their satisfaction level? please advise.
There really is no way to competently advise about this situation without first reviewing all of the contracts and learning about the terms of any oral agreements. You need to locate and consult confidentially with an attorney who can be allowed to understand those documents and facts....Read more »
First, it seems you are operating under an assumption that an employer is limited to looking only seven years into your past. That is not accurate. An employer can go back a whole lifetime to research a prospective employee. The 7-year limitation is for commercial background searches only....Read more »
Personal religious dietary choice as a follower of buddhism. I never really much spoke up to the people harrassing me or my employer about the harrasment and why that was the reason i really stopped working there, was this wrong of me to do and was it legal even if i did not speak up about the... Read more »
If you don't speak up, your employer has no way of knowing that it should protect you from religious discrimination. Unless the person harassing you was a corporate officer or managing agent, you do not have a case.
I sent my boss an email about the hostile environment she was creating. I told her my concerns, but she attacked me and said I was judging her. I also sent a separate email to my coworkers, after quitting, informing them about the situation and asking them if I was the only one that felt this way.... Read more »
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