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Steven Gregory Pearl

Steven Pearl’s Answers

28 total

  • I am a hairstylist, my salon gives too many discounts

    Hello, I am a Hairstylist in California, I work for a salon that is always offering discounts to everyone that walks in the door, these discounts are effecting my paycheck. My question is, does the employer have to legally take the hit of our salo...

    Steven’s Answer

    Generally speaking, employers must pay their employees at least minimum wage. There are very limited exceptions, but this is the general rule. Minimum wage in California is $8.00 per hour. If you are not earning at least $8.00 per hour, you should speak with an attorney who represents employees in wage and hour matters. The California Employment Lawyers Association (CELA) maintains a database of such lawyers on its web site, www.cela.org. You can go to the web site and search for an attorney in your area. You also can call your local bar association for a referral.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • My work is not following my dr. orders for my medical condition needs, is this legal?

    i have a degenarative condition of my spine and im only 35 . i was also diagnosed with fibromyalgia recently after a year of disabling symtpoms that has caused me to be on restricted duty at work and missing many work days here and there. My work ...

    Steven’s Answer

    You should speak with an attorney who represents employees in disability discrimination cases. The California Employment Lawyers Association (CELA) maintains a database of such lawyers on its web site, www.cela.org. You can go to the web site and search for an attorney in your area. You also can call your local bar association for a referral.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Should I call/write DLSE again or wait and be patient and quiet?

    I've been working with the DLSE for about a year now involving an overtime claim/exemption issue and (more importantly) a retaliation claim. There had been some conversations with my agent but he did tell me it could take a long time for him to re...

    Steven’s Answer

    It never hurts to sty in touch on an important issue like this, but you should understand the DLSE staffers frequently have large caseloads and insufficient resources to handle their work. I would recommend checking in from time to time, just to stay in touch.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • What kind of employee am I?

    I worked as a 1099 employee for 3 companies in 2007 and 2008. I was called back to one of those companies in 2009 but I didn't work anywhere else that year. He never paid me for the work so how should I go about collecting? If I take him to smal...

    Steven’s Answer

    Under California law, the question of whether one is an independent contractor or employee depends on the particular facts of each case. Generally speaking, the most important factor is whether the putative employer has the right to exercise control over the manner and means by which the contractor/employee performs his or her job. There are other factors as well, such as whether the parties believed they were creating an employment relationship, but the primary factor is this right to control. An employer who fails to pay wages may be held responsible for the unpaid wages, liquidated damages, interest, penalties, attorney fees and costs. The Labor Commissioner will award some of these items, but you would have to go to Court to seek others.

    I cannot address your tax concerns. You should speak with a qualified tax professional on that issue.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Meal Breaks & Rest Breaks?

    I currently work at a restaurant that is not paying me overtime nor are they giving me work-free meal breaks. I work approximately 12 or so hours, and I did some research online. I found out that there is a penalty that my employer has to pay? I b...

    Steven’s Answer

    That's a very good question. An employer who fails to provide an employee with one or more of the required half-hour, uninterrupted meal periods must pay that employee one additional hour of compensation at the employee's regular rate of pay. If you work 12 hours a day, you should get two uninterrupted meal periods of 30 minutes each. If you miss one, you get one extra hour of pay. If you miss two, you still get only one extra hour of pay for that day.

    The rule is the same for rest periods. In a 12 hour day, you should receive three rest periods of a net ten minutes each. If you miss one or more, you should receive an extra hour of pay.

    There is a dispute about what an employer must pay when it does not provide meal or rest periods. Attorneys who represent employees, as I do, will tell you that they should receive one hour of pay for the missed meal period(s) and one hour of pay for the missed rest period(s). Attorneys who represent employers wil tell you that it's one hour max per day, even if the employee misses both meal and rest periods. The California Supreme Court has not yet resolved this question, but I think it is pretty clear that it will be resolved in favor of employees.

    If you wish to speak with an attorney about your situation, you can contact our office. The California Employment Lawyers Association (CELA) maintains a database of such lawyers on its web site, www.cela.org. You can go to the web site and search for an attorney in your area. You also can call your local bar association for a referral.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Do I need an attorney who specialized CSEA / Labor Union / State Employees? Why is it so difficult to find an attorney?

    I was new-ish state employee still on probation and trying to keep a decent job with the State (CA) that was 35 miles away from my home that I could not leave. After about 5 months of this - I couldn't take anymore, and my back which I have issues...

    Steven’s Answer

    You should speak with an attorney who has experience with these issues. The California Employment Lawyers Association (CELA) maintains a database of such lawyers on its web site, www.cela.org. You can go to the web site and search for an attorney in your area. You also can call your local bar association for a referral.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Is it required to pay employess min 2 hours for a company meeting is only one hour?

    We are small company with under 15 employees and hold monthly meetings that run from 1 hour-2 hrs. Do we need to compensate for 2 hrs regardless if it was only 1 hour meeting?

    Steven’s Answer

    It depends on what industry your company is in. California wage and hour law has many layers. Primary are the Labor Code, and the regulations - or "Wage Orders" - enacted by the Industrial Welfare Commission (IWC). If you check the IWC's web site, you will see that it has 17 "Wage Orders" for different industries and occupations.

    That being said, most of the Wage Orders provide: "Each workday an employee is required to report for work and does report, but is not put to work or is furnished less than half said employee’s usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work, but in no event for less than two (2) hours nor more than four (4) hours, at the employee’s regular rate of pay, which shall not be less than the minimum wage."

    So if your employees typically work more than four hours per day, and you call them in for a one hour meeting, you have to pay them for half of their usual shifts, but in no event less than two or more than four hours.

    I would recommend that you speak with an attorney who helps employers comply with the wage and hour laws. You can call your local bar association for a referral.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Was I wrongfully fired?

    I was recently fired from my job as a truck driver. I was rushed to an emergency room and diagnosed as diabetic while doing a delivery assignment. I was required to stayed in the hospital for three days while my co-driver continued to deliver the...

    Steven’s Answer

    I would recommend that you speak with an attorney who represents employees in retaliation cases. The California Employment Lawyers Association (www.cela.org) maintains a database of such lawyers. You can go to the web site and search for an attorney in your area. You also can call your local bar association for a referral.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Possible violation of policy - under investigation - couldn't attend meetings because of disability - fired!

    While on suspension and under investigation for violating company policy, a disk in my back ruptured. I went on disability at that time, and was no longer able to make meetings to discuss the possible policy violation. A few weeks later I was te...

    Steven’s Answer

    I would recommend that you to speak with an attorney who represents employees in disability discrimination cases. The California Employment Lawyers Association (www.cela.org) maintains a database of such lawyers. You can go to the web site and search for an attorney in your area. You also can call your local bar association for a referral.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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  • Employment Retaliation settlement

    what are the items would you consider when trying to put a figure on settlment. I have a retaliation lawsuit against a major company. Thanks

    Steven’s Answer

    There are too many factors to list here, including the nature of your work, your work and salary history, the nature and severity of the retaliation, the damages suffered, the time off work, if any, etc. The only way to evaluate your situation would be for you to speak with an attorney who represents employees in retaliation cases. The California Employment Lawyers Association (www.cela.org) maintains a database of such lawyers. You can go to the web site and search for an attorney in your area. You also can call your local bar association for a referral.

    Disclaimer: This answer does not constitute legal advice and cannot be relied on, as each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

    See question