Just wondering if there is a minimum pay required for those on STEM OPT with a MS
answered on Mar 15, 2024
When hiring a STEM OPT candidate, there are specific guidelines that must be followed to maintain the integrity of the program and ensure compliance with U.S. immigration laws. It's not just about the number of hours worked; the employment must also meet certain educational objectives and wage... View More
It seems as if they intentionally do this to fraudulently bill additional invoices. I do project work and I have not worked since the incident was mostly finalized.
answered on Mar 14, 2024
Based on the information you provided, it seems that a vehicle rental agency may have engaged in misrepresentation and fraudulent billing practices targeting you and your employer. This situation could potentially involve several legal issues under California law:
1. Defamation: If the... View More
He Has Been Reducing Hours for months saying they are just slow and then randomly said today I'm not detailed enough for making a simple mistake that was fixed. To Me I feel he is trying to make me quit because they can't find a reason. Is this in any way legal? or not? I feel he's... View More
answered on Mar 12, 2024
Your boss's behavior and comments are concerning, but they are likely NOT engaging in unfair or discriminatory practices. California is an at-will employment state, meaning that employers can generally terminate employees for any reason, as long as it is not illegal (e.g., discrimination or... View More
Fitness instructor who was left on a sub list, but has not covered any classes since. Her schedule never aligns with company needs and we are cleaning up our active employee roster.
answered on Mar 12, 2024
In California, if an employee has not been actively working for an extended period, you may consider the employment relationship to be abandoned or the employee to have voluntarily resigned. However, to ensure compliance with California law and to minimize the risk of potential legal issues,... View More
Fitness instructor who was left on a sub list, but has not covered any classes since. Her schedule never aligns with company needs and we are cleaning up our active employee roster.
answered on Mar 12, 2024
In California your employees are employed on an at will basis unless you have an agreement to the contrary with the employee to the contrary about that status. That means you have no legal duty to have a reason to terminate the employee. Additionally, there is no legal requirement to actually... View More
I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first
answered on Mar 11, 2024
Generally speaking, I wouldn’t disclose an “arrest” unless I was specifically told to do so. Arrests are highly prejudicial in that an individual can very well be innocent of a the crime for which he or she is arrested but never given the opportunity to testify or defend themselves because... View More
I was arrested, not convicted. And offered a job but haven’t received any paperwork until tomorrow. And I will be getting a background check, but do I need to tell them about my arrest first
answered on Mar 11, 2024
In California, employers are generally prohibited from asking about or considering arrests that did not lead to convictions when making hiring decisions. This protection is provided under the California Fair Chance Act (AB 1008), which is part of the California Fair Employment and Housing Act... View More
Workman's comp
answered on Mar 11, 2024
Under California law, signing a workers' compensation (WC) settlement does not necessarily waive your rights to sue for labor violations, harassment, or discrimination. However, it's important to understand the scope of the settlement agreement and any additional waivers or releases you... View More
Workman's comp
answered on Mar 11, 2024
Generally, a WC release should not release your employment law claims, however I have seen many that try. You and your attorney need to be sure there are no provisions slipped into the WC release that are broader than they should be and might arguably waive your rights outside of the WC system. I... View More
I am a 17-year-old high school student who got a job offer at a new frozen yogurt place in my city, and was recently informed about the employer paying me only $12/hr while the minimum wage in Alameda County is $16/hr. Is it okay for a store to give their employees less than minimum wage especially... View More
answered on Mar 10, 2024
In California, it is generally not legal for an employer to pay less than the applicable minimum wage, even for minor employees. California has statewide minimum wage laws, and some cities and counties (like Alameda County) have enacted higher local minimum wages that employers must follow.... View More
My annual salary is $60,000, with a year end bonus typically between $6,000 and $15,000. Does this compensation meet the minimum requirement for annual salary under California State Law?
My annual bonus is entirely discretionary. The minimum wage in my area is $16 per hour.
It would... View More
answered on Mar 9, 2024
In California, as of January 1, 2024, the minimum salary requirement for exempt administrative employees depends on the size of the employer and the applicable minimum wage.
For employers with 25 or fewer employees, the minimum annual salary for exempt administrative employees as of January... View More
My annual salary is $60,000, with a year end bonus typically between $6,000 and $15,000. Does this compensation meet the minimum requirement for annual salary under California State Law?
My annual bonus is entirely discretionary. The minimum wage in my area is $16 per hour.
It would... View More
answered on Mar 10, 2024
Please note that the minimum wage is not the same all over California. Many cities and counties have set higher minimum wages than the state standard. Depending on where you work, take that minimum wage, multiply it by 8, double it, and that is the daily minimum wage your employer should... View More
My annual salary is $60,000, with a year end bonus typically between $6,000 and $15,000. Does this compensation meet the minimum requirement for annual salary under California State Law?
My annual bonus is entirely discretionary. The minimum wage in my area is $16 per hour.
It would... View More
answered on Mar 10, 2024
Under Labor Code 515(a), to be exempt executive, administrative, and professional employees must earn "a monthly salary equivalent to no less than two times the STATE minimum wage for full-time employment."
The 2024 California state minimum wage is $16.00/hour, which means you... View More
I recently went through mediation and part of the terms were that I had to resign. It’s getting close to the deadline of when they had to pay and I’m getting nervous because I haven’t received the check yet. I’m located in CA. Is it easy to collect payment if they breach the contract?
answered on Mar 8, 2024
The answer to your question depends on a great deal of fact and circumstances that are not available from your post. Most mediated settlements end up with a voluntary payment of the settlement amount, but some end up with issues regarding payment. Do not expect payment until the last day... View More
I recently went through mediation and part of the terms were that I had to resign. It’s getting close to the deadline of when they had to pay and I’m getting nervous because I haven’t received the check yet. I’m located in CA. Is it easy to collect payment if they breach the contract?
answered on Mar 8, 2024
If the other party breaches the mediation agreement by failing to make the payment as agreed upon, you have a few options to enforce the contract and collect the payment in California:
1. Send a demand letter: Write a formal letter stating that the other party has breached the agreement and... View More
If they don’t pay would it be easy to collect payment?
answered on Mar 8, 2024
If your employer fails to pay the settlement agreement as specified, under California law, you have legal recourse to enforce the agreement. The first step would be to notify your attorney about the non-payment. Your attorney can then take action by possibly filing a motion to enforce the... View More
I was terminated from my employment and signed a severance agreement with my employer. The amount listed in the contract was 3 months severance minus standard payroll deductions & withholdings. However, when I received the lump sum severance amount and reviewed deductions, I was taxed over 40%... View More
answered on Mar 7, 2024
In California, severance pay is often treated as supplemental income by the IRS and is subject to federal withholding rates. If your employer did not consider it as supplemental wages, it's important to understand how severance pay is taxed. Severance pay can be taxed at a higher rate... View More
answered on Mar 6, 2024
Under California law, public school administrators, like other employees, are subject to evaluation and accountability mechanisms. However, the absence of a performance review for an extended period does not automatically shield an administrator from being dismissed. Your employment stability... View More
Hello, last year around April I went to the doctor with joint pain I believed was a result of work. He ordered me physical therapy and some x rays but ultimately told me there was no was all my pain was caused by work and is likely fibromyalgia. Only months later around August when I decided on my... View More
answered on Mar 6, 2024
Under California law, the reporting timeline for a workers' compensation claim due to a cumulative injury, such as the one you've described, can be somewhat complex. Generally, the time limit for filing a workers' compensation claim is one year from the date the employee knew, or... View More
I work as a Security Officer and lately my supervisors had created a hostile work environment against me, one supervisor scream at me for my length of my hair, the other called me over the phone yelling that my shift started at 1 pm when I was just entering to the property and now I got suspended... View More
answered on Mar 4, 2024
Unfortunately the term "hostile work environment" does not have the legal meaning you think it does. A hostile work environment as most people would understand that phrase is not the same as the law sees a hostile work environment. To be an illegal condition in the workplace, you would... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.