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Harvey Charles Berger

Harvey Berger’s Answers

3 total

  • How long do I have to file a lawsuit agents a former employer in CA for several things.

    I worked for them for three years and lived on their property. While there I was paid at least 10 less hours per week than what I actually worked. I contracted a sever disease while living and working on their property(possibly due to mold exposur...

    Harvey’s Answer

    The answer depends on which claims; wage claims can go back three or four years, depending if you file a claim with the Labor Commissioner or in court, but some of your damages in court may be limited for the 4th year. Personal injury claims (if they are not barred by workers comp) would be 2 years from the date of injury. Claims that theymade you violate the law could be covered under different deadlines (statutes of limitation) depending on how those are pled.

    Bottom line - you should seek the services of an attorney promptly; one that specializes in employment law and has some experience with personal injury claims would be best.

    Harvey Berger
    Pope, Berger & Williams, LLP

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  • Employers electronic record keeping requirement

    How long a public company should keep electronic records of employees assuming they are still in business? How about emails? Financial-wage related?

    Harvey’s Answer

    We are just going to post a blog on this issue. While the Labor Code and Industrial Wage Orders require an employer to keep wage records for 3 years, employees can sue for "restitution" under the Business and Professions Code for four (4) years - seeking recovery of minimum wage, overtime, etc., so employers should keep wage records (and documents related to wages) for four (4) years.
    An employee can file suit and has sixty (60) days to serve the lawsuit, so if you are real paranoid, you should keep the records for 4 years and 60 days.

    Harvey Berger
    Pope, Berger & Williams, LLP
    619-234-1222

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  • Can Employment agencies legally take money from your Earnings?

    Employment agencies usually charge a fee for finding a job for someone seeking employment, I grant that, but once a person is employed, Can the agency legally take $150.00 from your first paycheck? Besides paying the agency a fee of $20.00, we sti...

    Harvey’s Answer

    I agree with Alex Sliheet (for a change!) The employer cannot deduct any amounts from your paycheck without written authorization, and the employer cannot force you to pay business expenses out of your paycheck. But if this is a contract for services, and you are paying separately from your paycheck, that is, of course, legal.

    Harvey Berger
    Pope, Berger & Williams, LLP
    619-234-1222

    See question