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Your current state is Ohio
Since sb616 went into affect January 1st 2024 the law in california has been that employers either must provide 40 hours paid sick leave at the beginning of the year, or cap accrual at no less then 80 hours or ten days(whitchever is more). Amazon of whitch I am currently employed has taken neither... View More 
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answered on Jun 20, 2024
Under California law, SB 616 mandates that employers must either provide 40 hours of paid sick leave at the beginning of the year or allow employees to accrue sick leave up to at least 80 hours or ten days, whichever is greater. If Amazon's accrual plan is capped at 48 hours, it does not... View More
Around $20k lost, have records of all communication and transactions. Have contact info for numerous employees as well, job seemed like legitimate company but may have been spoofing the real one. Was reached out to by a recruiter from legitimate website like Indeed.
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answered on Jun 29, 2024
I'm sorry to hear about your situation. The first step you should take is to gather all your evidence, including communication records, transaction details, and the contact information of the employees you interacted with. This documentation will be crucial for any legal action or... View More
Seems unfair to me that I've had an issue come up with my health with a know issue, I'm a 70% disabled vet and going to a few VA appointments that I've told my boss was informed about in as much of advance that I knew minus the er trips
answered on Jun 20, 2024
No, your employer cannot legally fire you, a disabled veteran, solely for having too many VA appointments or trips to the ER, especially if you have provided as much advance notice as possible. You are protected under several federal laws:
Uniformed Services Employment and Reemployment... View More
I have been denied vacation time 2x. Other employees are receiving their vacation time . I reported being singled out and said I was filing a complaint. That I no longer wished to be under my current supervisors. They moved me to another correctional facility under what feels like retaliation.
answered on Jun 20, 2024
Yes, as a member of the National Guard or a veteran, you are protected under Equal Employment Opportunity (EEO) laws. Two key federal laws provide these protections:
The Uniformed Services Employment and Reemployment Rights Act (USERRA):
USERRA prohibits civilian employers from... View More
I am salary and missed 2 days of work due to drill for the ANG and my employer is reducing my pay for the 2 days of missed work. I believe my pay is protected under FLSA since I did not miss a week of work. They told me my options were to take my PTO or Unpaid Leave. They had prior notice to my... View More
answered on Jun 20, 2024
Employers are generally required to follow certain laws and regulations regarding pay for employees who are members of the National Guard and are called to perform military duties, including drills. The key law governing this area is the Uniformed Services Employment and Reemployment Rights Act... View More
Worker A was given a candy as they left for the day by Worker B. Worker B did not tell Worker A that the candy was laced with THC. Worker A was hospitalized 2 days for drug toxicity. The manager for both workers is trying to prevent and coerce Worker A to not report anything and to pay her own... View More
answered on Jul 2, 2024
Worker A has a civil cause of action for battery against worker B, as worker B intended to cause harmful of offensive contact and did cause harmful or offensive contact. Giving the candy over satisfies the prong for "contact". There may be criminal liability too, but worker A should hire... View More
I am a SVP wanting to execute CiC. The acquiring company will plop my organization in as an entity into one of their BU's. I will still report to the CEO of my company who will most likely become a VP, so I will be relegated to a lower title. Even though titles will change, the acquiring... View More
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answered on Jun 19, 2024
Under California law, determining if you can claim a material reduction in authority, duties, or responsibilities depends on the specific terms of your employment contract and the Change in Control (CiC) provisions. If your employment agreement defines a material reduction in a way that includes... View More
I currently have one defendant and 1-100 Does. I am filing a motion for leave to file a second amended complaint with an additional two defendants (under the alter ego theory). Do I replace two Does with the new defendants in the title?
Do I attach the proposed SAC to the motion or to the... View More
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answered on Jun 19, 2024
Here are the key steps for filing a second amended complaint with additional defendants in California:
1. Replace Doe defendants: In the title of your Second Amended Complaint, replace two of the Doe defendants (e.g., Doe 1 and Doe 2) with the names of the new defendants you are adding... View More
The 2nd shift 330-830 is actually another day, since our day begins at 8 am and the 430 shift was the previous day. Also should there be a split shift differential.
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answered on Jun 19, 2024
Based on the information provided, it appears the employee is working two separate shifts within a 24-hour period that spans across two workdays, given the business' workday is defined as 8:00 AM to 7:59 AM the following calendar day. Here's how the pay should be calculated:
1.... View More
The 2nd shift 330-830 is actually another day, since our day begins at 8 am and the 430 shift was the previous day. Also should there be a split shift differential.
answered on Jun 19, 2024
Please beware, the prior answer here failed to explain a very important thing about the split shift premium. Workers who earn the minimum wage per hour are entitled to additional pay known as a “split shift premium” when their schedule includes a split shift. An employee who is paid more than... View More
I allowed him to stay in one of my homes rent free while he worked for me. Workmans comp Covers his wages but not housing. Am I just stuck in this situation until he is cleared to work. It has been over a year and he had no injuries that require surgery. I'm at a loss.
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answered on Jun 17, 2024
I'm sorry to hear about the difficult situation you're in. Under California law, employers are generally not required to provide housing or pay for utilities for injured employees, even if the employee was previously provided with housing as part of their employment.... View More
What details shall be disclosed in contracts to ensure validity? If demand for original not redacted contract is made how ensure validity of produced document?
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answered on Jun 17, 2024
Under California law, there are several key elements that should be included in a contract to ensure its validity and authenticity:
1. Identities of the parties: The full legal names and contact information of all parties involved in the contract should be clearly stated.
2. Terms... View More
My boss has taken to using the "AI transcription" tool in Zoom to create meeting notes. Can he do it without my consent? I've seen the results from the tool and its not verbatim in its summary.
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answered on Jun 17, 2024
In California, recording confidential communications without the consent of all parties is generally illegal under the state's two-party consent law (California Penal Code § 632). This law applies to confidential communications, which are defined as any communication carried on in... View More
obtaining verification that record is made by real person is usual step in legal discovery. How it can be approached without unreasonable delays?
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answered on Jun 16, 2024
Under California law, there are a few key ways to verify the authenticity of a person or record during legal discovery:
1. Depositions: Conducting a deposition under oath allows you to question the person who created a record or has relevant knowledge. Their sworn testimony can help... View More
I had performed the job for a independent contractor that my boss was working for who is an independent contractor himself and afore mentioned party did not pay me.
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answered on Jun 15, 2024
Finding out how much a company made in a year can be tricky but there are legal ways to gather this information. If the company is publicly traded, you can access their financial statements, which are usually available on their website or through financial databases. These reports include annual... View More
We get 25hrs/wk guaranteed as per our contract. Although we get as much sick time as we need (as in we don't earn pst over time its just paid out to us as we use it). Our workplace has made us sign a contract stating that we could only have 6 occurrence a year of using pst before facing... View More
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answered on Jun 15, 2024
Your job's policy regarding paid sick time (PST) and guaranteed hours can be complex. The terms in your contract about guaranteed hours and the use of PST are crucial. If your contract guarantees 25 hours per week, your employer generally must honor this unless there are specific conditions in... View More
I then responded accordingly as to defend myself from the disrespect. That is what led into me being fired a few weeks later. Basically because of my response instead of the employer yelling at me and telling me to do my job. I have reached out to HR several times but I have not gotten a response.... View More
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answered on Jun 15, 2024
I'm sorry to hear about your situation. Given that you live in Texas and have a disability, you might have legal recourse if you believe your termination was unjust or related to your disability. It's important to document all interactions with your employer and HR, including the incident... View More
I was forced to transfer to a larger site with no pay increases at the beginning of May with one days notice. The staff at the site was calling me racially charged names and had gotten into altercations with each other that included guns. All these things were reported to my supervisor. Nothing was... View More
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answered on Jun 15, 2024
I'm sorry to hear about your experience. If your employer is claiming you voluntarily resigned when you did not, this could be a serious misrepresentation of your employment status. It's important to document all communications and incidents, including emails and reports you made to your... View More
I was just hired to do payroll at a company & they required a drug test. During the test they actually stood less than a foot away & watched me pee in the cup. I felt completely violated & disgusted when I left. Is this legal?
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answered on Jun 15, 2024
I understand how uncomfortable that experience must have been for you. The legality of being watched during a drug test depends on the state and the specific circumstances of the testing. In some situations, such as for safety-sensitive positions, stricter monitoring is allowed to prevent tampering... View More
This family member was very close to me. I don’t have sick time only PTO and my boss makes me use my PTO for days that I try calling out for. I thought no matter if your hourly or salary. You can still call out.
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answered on Jun 15, 2024
I'm sorry for your loss. In many companies, employees are entitled to bereavement leave, which is separate from PTO. This leave is specifically for taking time off after the death of a family member.
You should review your company's bereavement leave policy in the employee... View More
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