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2 Answers | Asked in Employment Law for California on
Q: ls it legal for employer to make employee take 30im break after working 4hrs

my son works at dominos and they want him to work 4hrs take 30 min lunch clock back in for 15 min the clock out for the day

James L. Arrasmith
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answered on Jul 2, 2024

In California, employers are required to provide a 30-minute meal break for employees who work more than 5 hours in a day. If the total work period is 5 hours or less, the meal break can be waived by mutual consent of both the employer and the employee. Since your son is working only 4 hours, he... View More

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2 Answers | Asked in International Law, Employment Law and Internet Law for California on
Q: possible scam,remote jobs,international,online transactions

So sorry for being so rude , I’m actually Chinese and live in china now. I have taken a remote job on this app called Upwor*Talent since June. I work for a company as their translator.

Oddly, they chose to work via telegram , but not on Upwor*Talent, where I was recruited.I was told that... View More

James L. Arrasmith
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answered on Jul 1, 2024

I'm sorry to hear about the situation you're in. Based on the details you've provided, this has several hallmarks of a common online job scam. Here are some key points and advice:

1. Red flags of a potential scam:

- Moving communication off the original platform...
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1 Answer | Asked in Arbitration / Mediation Law and Employment Law for North Carolina on
Q: Is there a way to get out of signing a mandatory arbitration agreement that the company I work for is giving employees

They won't fire employees for not signing but if we don't sign they will still give us a non-signature agreement. Most employees do not agree with these forms we are being forced to sign because too much bad happens in this company.

Tim Akpinar
Tim Akpinar
answered on Jul 1, 2024

A North Carolina attorney could advise best, but your question remains open for a week. Until you are able to speak with an experienced employment attorney, such agreements are often "take it or leave it." It could depend on the industry, but in the maritime industry and a few other... View More

1 Answer | Asked in Employment Law, Public Benefits and Business Law for California on
Q: I have a question about about an EDD claim back in 2020. I am self employed and may have incorrectly filed the claim.

Back in 2020. I filed an unemployed claim but wasn't sure I was eligible since I was self employed and have my own S-Corp. I filled out the forms retroactively. I inadvertently told EDD that no income was received by me for those 2 retroactive months. After I hit submit, I realized that I was... View More

James L. Arrasmith
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answered on Jul 1, 2024

This is a complex situation that involves unemployment insurance claims, self-employment, and potential errors in reporting. Here's a breakdown of the key points and some general advice:

1. Potential incorrect filing: You filed an unemployment claim in 2020 as a self-employed...
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1 Answer | Asked in Employment Law and Workers' Compensation for California on
Q: Can an employer be liable if an employee has a stroke at work

Employee was assigned additional physical duties that were outside of her assigned tasks.

James L. Arrasmith
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answered on Jun 30, 2024

To address this question, let's consider a few key points:

1. Employer liability: An employer can potentially be liable if an employee suffers a stroke at work, but it depends on the specific circumstances.

2. Workers' compensation: In California, most work-related...
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1 Answer | Asked in Employment Law, Business Law, Internet Law and Small Claims for Washington on
Q: Need to talk with a lawyer about a lawsuit because my online earnings have been depleted when promised they would not.

My job is rating products for a commission and I have earned so much that I have gone up three levels and I need to finish a small set of rating products to receive all my earnings, but the system has welfare tasks that put your earnings

into a negative amount equal to what you have... View More

James L. Arrasmith
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answered on Jun 29, 2024

I can offer some general information that may be helpful:

1. Documentation: It's positive that you have chat transcripts from customer service and the CEO stating that a welfare task would not occur before you finish your remaining tasks. This documentation could potentially be...
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1 Answer | Asked in Employment Law for California on
Q: Salaried employee - Can my company pay me less than my agreed upon salary for the calendar year?

I am reaching out because I am unsure if what my company is doing is legal or not.

James L. Arrasmith
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answered on Jun 29, 2024

I can provide some general information about salary payments for employees in California:

1. Agreed-upon salary: Generally, an employer cannot unilaterally reduce a salaried employee's pay below the amount agreed upon in an employment contract or offer letter without the...
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1 Answer | Asked in Employment Law for California on
Q: is it mandatory that someone take a 30 min break if they are working from 4pm to 845pm

my son works at dominos pizza and they are trying to make him work from 4pm to 8pm take a 30 min break then work until 845 then clock out for the day is that legal?

James L. Arrasmith
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answered on Jun 29, 2024

To answer this question accurately, we need to consider California's labor laws regarding meal breaks. Here's a breakdown of the situation:

1. Shift length: Your son's shift is from 4:00 PM to 8:45 PM, which is 4 hours and 45 minutes long.

2. California meal break...
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1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Libel & Slander for Texas on
Q: A year ago, I discovered my boss was spreading lies to fire/bully me out of my job.

My boss tried to fire me by spreading false rumors that I was threatening and bullying coworkers. She falsely claimed in a group chat with other managers that I was a gangster and mentally unstable. The store HR representative accused me of being a warlock/witch who casts spells. After discovering... View More

John Michael Frick
John Michael Frick
answered on Jun 28, 2024

Employment discrimination requires proof that your employer took adverse employment action against you based upon an unlawful reason such as your race, color, nationality, ethnicity, sex, age, disability, religion, or pregnancy. Your employer can lawfully take adverse employment against you based... View More

1 Answer | Asked in Cannabis & Marijuana Law, Employment Discrimination and Employment Law for California on
Q: AB 2188 says employers can no longer test employees for non psychoactive chemicals found in marijuana.

My employer has stated that they will still test for non psychoactive chemicals found in marijuana through a urinalysis if they decide there is just cause. EX: “Employee has red eyes” or “There was an accident in the work place.” I can’t find any literature in the bill that states these... View More

James L. Arrasmith
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answered on Jun 27, 2024

To answer this question accurately, we need to examine AB 2188 and its implications for workplace drug testing in California. Here's an analysis of the situation:

1. AB 2188 Overview:

AB 2188, which went into effect on January 1, 2024, amends the California Fair Employment and...
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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Forms to respond to a Trustee's First and Final Application to approve Chapter 7 compensation to Trustee's Counsel.

My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how you might proceed:

1. Forms to respond:

There isn't a specific standardized form for...
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1 Answer | Asked in Bankruptcy and Employment Law for California on
Q: Forms to respond to a Trustee's First and Final Application to approve Chapter 7 compensation to Trustee's Counsel.

My employer owes me over $300,000 for back wages. I won this lawsuit with the Labor Department in California. My employer filed for Chapter 7 and the Trustee didn't take into consideration all the assets my employer has and settled for $140,000 of which he will be collecting over $48,000 for... View More

James L. Arrasmith
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answered on Jun 27, 2024

I understand you're in a difficult situation regarding your employer's Chapter 7 bankruptcy and the Trustee's handling of your wage claim. Here's some guidance on how to respond:

1. Forms to use:

The primary form you'll likely need is:

- Form B210A:...
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1 Answer | Asked in Employment Law and Health Care Law for California on
Q: I can't work in my current job because I have an acoustic neuroma (benign brain tumor)

My tumor causes dizziness and vertigo and I work in a noisy and bright senior activity center which triggers my illness. I want to file for unemployment based on my medical condition. I can meanwhile look for a job in my profession as customer service on a remote status which will not make be work... View More

James L. Arrasmith
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answered on Jun 27, 2024

To address your question about filing for unemployment benefits in California due to your medical condition, here's a concise overview:

1. Medical condition as a reason for unemployment:

In California, you may be eligible for unemployment benefits if you had to leave your job...
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1 Answer | Asked in Employment Law for California on
Q: Are there legal ramifications for a salaried worker to stop working after the employer is late paying them?
James L. Arrasmith
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answered on Jun 27, 2024

To properly address this question, we need to consider a few key points:

1. California labor laws

2. The specific employment agreement

3. The timing and extent of late payment

Under California law, employers are generally required to pay salaried employees their full...
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1 Answer | Asked in Bankruptcy and Employment Law for Hawaii on
Q: I worked for hawaiian Springs. They owe me several paychecks. If they filed for bankruptcy am i able to get money?
James L. Arrasmith
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answered on Jun 26, 2024

To answer this question, let's break down the key points and provide some general information about employee rights in bankruptcy cases:

1. Unpaid wages: You mention that Hawaiian Springs owes you several paychecks.

2. Bankruptcy filing: The company has filed for bankruptcy....
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1 Answer | Asked in Employment Law and Civil Rights for Georgia on
Q: What to do if I was fired and it was put on my background as a misdemeanor for other jobs for which I was not charged?

It was put on my background check in order for me to obtain other jobs as a misdemeanor in which I was not charged, I was just giving a warning. Neither is it in the sheriff office system. The job that fired me put it in the system as a misdemeanor, I was not charged with anything nor went to jail... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation sounds concerning and potentially unfair. Based on the information provided, here are some steps you may want to consider:

1. Review your background check:

Obtain a copy of your background check to confirm what exactly is being reported.

2. Gather...
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1 Answer | Asked in Employment Law for California on
Q: I got paid for my lunches for 2 out of the 4 years I worked there and the last 2 I worked my 8 hrs straight from 8-4

They just stopped and I never noticed it I was so busy. Do they owe me 2 hrs per day I'm in California

James L. Arrasmith
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answered on Jun 25, 2024

Based on the information provided, there are a few important points to consider regarding your situation in California:

1. Meal breaks: In California, employers are generally required to provide a 30-minute unpaid meal break for employees who work more than 5 hours in a day. If an employee...
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1 Answer | Asked in Civil Litigation, Contracts, Employment Discrimination and Employment Law for California on
Q: My question pertains to employment law and hiring discrimination.

If a person is entitled to a copy of their credit report after being denied credit based on one or more derogatory marks enumerated within, and similarly, if a person is entitled to a copy of their ChexSystems Disclosure Report if they are denied the opening of a checking account for having a... View More

James L. Arrasmith
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answered on Jun 25, 2024

Your question raises several interesting points about employment law, hiring practices, and potential discrimination. Let's break this down step-by-step:

1. Credit Reports and ChexSystems Disclosures:

You're correct that consumers are entitled to free copies of their...
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1 Answer | Asked in Employment Discrimination and Employment Law for California on
Q: My boss is trying to retaliate against me when I provided law saying he has to pay me within 72 hours of quitting.

Changing details because I did not know it was public no need to answer

James L. Arrasmith
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answered on Jun 25, 2024

Under California law, your employer must pay you all wages due within 72 hours if you quit without providing at least 72 hours' notice. If you gave at least 72 hours' notice, you should receive your final paycheck immediately upon quitting. This is mandated by the California Labor Code... View More

1 Answer | Asked in Employment Law and Gov & Administrative Law for Georgia on
Q: Can you explain the difference between substantiated, unsubstantiated, and inconclusive?

These terms would be based on investigation dispositions.

Tim Akpinar
Tim Akpinar
answered on Jun 24, 2024

A Georgia employment attorney could advise best, but your question remains open for two weeks. In general, substantiated means supported by facts (evidence in a proceeding). Unsubstantiated means "not supported by facts. Inconclusive means you can't draw any meaningful conclusion from the... View More

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