My employees all start at 8am-4:30pm yesterday one of them had a personal issues to take care of she clocked out at 10am and clocked back in at 11am after doing so she said she is going to be taking her first break for the day. Do I have to allow ...
I agree with Mr. Nguyen. Most likely, the first hour would be considered its own "shift," and since the shift was less than 2 hours, it would not create a rest break entitlement. The remaining "shift" of 5.5 hours would entitle the employee to a single paid rest break. The employee would not have a right to take this break at the beginning of their shift, and so it would typically be appropriate to deny this request.See question
I had Oral Surgery for an extraction on a Monday. My Dr. note stated my MAY return to work that Wednesday but I came in on Tuesday (the date I was scheduled) but I was told that I have to leave. I do not get paid for those hours. Can they do this?
Your employer can send you home if you do not have a doctor's note clearing you for work. Even if you did have a doctor's note clearing you for work, your employer can send you home if they assess that you are unable to safely and effectively perform your job. If you are an hourly employee, you are not entitled to be paid for hours you didn't work.
So, it would not seem that your employer acted improperly based on the facts you have described.See question
One of my employees has been showing up late, or not at all. When asked, she said she is not feeling well. She has used up all her paid sick days, and is taking unpaid sick days off with virtually no notice, hurting my business. Assuming she ca...
I strongly urge you to retain a local attorney for advice on matters like this in the future. It's a business expense that you can write off and will likely save you thousands in avoided legal disputes.
Regarding your question, no law protects an employee who calls in sick for an ordinary cold, flu or other minor illness. Employment is "at will" absent an agreement to the contrary, so an employee in this circumstance can be terminated without notice or warning.
However, if you have 5 or more employees and the employee in question is calling in sick due to a disability (a medical condition which "impairs a major life function"), CA's Fair Employment & Housing Act imposes a duty to reasonably accommodate the employee. This means allowing the employee to miss work to the extent that such absences do not impose an undue hardship on your business.
Undue hardship is judged on a case by case basis, but the question boils down to whether you are suffering "significant difficulty or expense." Under FEHA, you need to engage in a good faith interactive process with the employee to determine how you might be able to accommodate their medical condition before letting them go.
If you have 50 or more employees, the employee in question might also be protected by the Family Medical Leave Act.
It helps to document all absences, warnings, and how this employee missing work is impacting your business.
Good luck to you.See question
What are the legal definitions of [employment] and the verb phrase [to be employed] in California? Thanks
The law does not regulate or define employment status. What matters under the law is whether you are engaging in work, and whether you are being properly paid for the work you perform. How you define your employment status is up to you and your employer.See question
Is it legal to deny employment unless a specific political view is held? Is it legal to deny employment based on candidate's past activities in a specific demographic?
Labor Code 1101 prohibits employers from "controlling or directing, or tending to control or direct the
political activities or affiliations of employees." Similarly, Labor Code 1102 prohibits employers from coercing employees "to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity."
At least one court in CA has held that an exception to these statutes applies when the employee’s political activities are patently in conflict with the employer’s interests. Perhaps more problematically, though, the statutes refer to "employees," not "applicants," and so I think at least arguably they do not apply to people in your circumstance at all.
Screening applicants based on experience with specific demographics potentially raises an issue of disparate impact discrimination. You should definitely discuss these claims in more detail with a local attorney. Good luck.See question
Ive worked at a restaurant for a week and witnessed a couple employees acting inappropriately, right next to me, without a care? This has happened on a daily basis. Basically the guy comes up behind the girl and puts his hands on her hips from the...
Putting hands on someone's hips and standing close to them is not what most people would consider to be "sexual behavior." However, it is without a doubt inappropriate conduct for the workplace.
You may wish to inform your supervisor what these employees are doing. Your supervisor likely will not approve of it and will direct the employees to stop. Good luck to you.See question
I posted a question on avvo and received multiple responses to my inquiry. All answers stated the same course of action I should take against my former employer (an attorney) for my claim of unpaid wages. I even spoke to some of the attorneys wh...
At the present you would not be required to disclose this information to your employer. However, if you file a lawsuit you could be compelled to disclose this information through the discovery process. The reason is because, unlikely private conversations with a lawyer that you retain, posts here are not protected by the attorney client privilege. Posts here are public for anyone to read. Be mindful of this as you move forward and consider retaining a local attorney. Information provided on this Q & A forum is no substitute for that.See question
I worked graveyard shift for 6 years which led to medical issues; I got a doctor's letter and requested a shift change. The HR Mgr at my employer asked if I'd like to move to another dept there; I said I'd rather have an equivalent position on a d...
It's almost never worth hiring a lawyer to do a UI appeal. You could wind up finding a job in a couple weeks, which would mean that only a few hundred dollars is at stake on your appeal. Attorney fees would vastly exceed that, which is why lawyers rarely get involved with EDD hearings.
While there is certainly nothing wrong with appealing on these facts, you face a steep uphill battle because you quit your job. Having quit, you need to prove that your employer was purposefully delaying your accommodation and that your work conditions in the mean time were so unbearable that you had no reasonable alternative but to leave the job before the accommodation process could be completed.
Good luck.See question
I work for a large solar company. I am being asked to work 7 days a week. I am an outside sales consultant. Are they allowed to require I work everyday of the week?
In addition to what the other lawyers have already said, if you are made to work 7 consecutive days within a single work week (the default work week is Sunday through Saturday), then you would be entitled to overtime for all hours worked on the 7th day.See question
Called in before shift. called twice and left message. both times no one answered. Because of my illness i couldn't physically keep calling. I assumed they got message because they never called that day. Went in the next day and was sent home righ...
If you were calling in sick because of a cold or flu, you would have no protection under the law. However, if you were calling in sick because of a disability of which your employer was aware, your employer would have a duty to "reasonably accommodate" your illness. In that case, they would likely be forbidden from terminating you for not speaking to someone unless you have done this and been warned about it numerous times before.See question