Marilynn Mika Spencer’s Answers

Marilynn Mika Spencer

San Diego Employment / Labor Attorney.

Contributor Level 20
  1. Can i sue the employer at the same time for both independent contractor and employee?

    Answered almost 3 years ago.

    1. Marilynn Mika Spencer
    2. Frank Wei-Hong Chen
    3. Daniel Paul Stevens
    4. Steven Paul Cohn
    5. John Francis Mccarthy
    5 lawyer answers

    If the employer "completely controlled you," you may have been an employee and not an independent contractor. This is a fact-specific determination and much more information would be needed before being able to venture an opinion. If you were an employee and the employer refused to pay you, the employer will be subject to far more than just the unpaid wages. The employer may end up paying substantial penalties, interest, and your legal fees and costs. Please see my Avvo guide detailing...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Pay for driving time

    Answered almost 3 years ago.

    1. Marilynn Mika Spencer
    2. Frank Wei-Hong Chen
    3. Arnold Hernandez
    3 lawyer answers

    Your employee is correct. You must pay employees for travel time that occurs after the work day begins. For example, if the employees start the day at the office (to pick up supplies, the car, whatever) then travel to a job site, they must be paid at least the minimum wage for that travel. After finishing one job, if the maids travel to a any additional job sites, they must be paid for that travel time, too. Finally, you must also pay the employees for the time spent traveling back to the...

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  3. Should I get a Workers comp lawyer

    Answered 5 months ago.

    1. Brett A. Borah
    2. Arnold William Gross
    3. Marilynn Mika Spencer
    4. Timothy John Egan
    5. Thomas Stoddard Cook
    6. ···
    7 lawyer answers

    You can find a workers' compensation attorney on the California Applicant Attorneys Association (CAAA) web site: https://www.caaa.org. CAAA is the strongest California bar association for attorneys who represent injured workers. On the home page, click on the picture of the wheelchair above the words "Injured Workers." On the next page, click on the link to “Attorney Search” on the left side. Enter your city or any other information and click “Search.”

    9 lawyers agreed with this answer

  4. I was fired from work, but I don't think I was paid for my vacation.

    Answered about 2 years ago.

    1. Marilynn Mika Spencer
    2. Radhika Sood
    3. David Andrew Mallen
    4. Agavni Gina Hogtanian
    4 lawyer answers

    Regarding the unpaid vacation: California law requires employers to pay an employee's final wages at the time the employer ends the employment, or within 72 hours if the employee resigns without giving 72 hours notice. "Final wages" consist of regular pay, overtime pay, accrued and unused vacation pay, PTO, commissions that can be calculated, some bonuses and perhaps other components. It does not include unused sick leave. If the employer does not pay as required, there is a penalty...

    9 lawyers agreed with this answer

  5. Is it legal to rehire member family after laying-off an employee for the same postion?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. Patrick John Phillips
    3. Neville Francis Fernandes
    3 lawyer answers

    It is legal to give hiring and retention preference to family members, if that is what the employer chooses to do. The only employment decisions that are illegal are those that violate a statute or case law, and no statute or case law contains this prohibition. An employer's policies may prohibit giving employment preference to family members but except in unusual situations, employment policies do not have the force of law.

    9 lawyers agreed with this answer

  6. The EEOC closed my case without investigating.

    Answered over 2 years ago.

    1. Elizabeth Tandy Foster
    2. Deborah Barron
    3. Craig Trent Byrnes
    4. Marilynn Mika Spencer
    5. Christine C McCall
    5 lawyer answers

    This answer is primarily to explain the EEOC mediation process and correct any contrary information. The EEOC absolutely does offers mediation; it even promotes mediation. However, it only does this for some cases. And the EEOC will not mediate any other cases. Requesting mediation will not affect EEOC policy on this. The EEOC instituted Priority Case Handling Procedures (PCHP) by which cases are categorized as A , B or C cases. Cases designated with an A are the strongest. They are...

    9 lawyers agreed with this answer

  7. What reasons can be given to object to a witness in a employment matter before the hearing?

    Answered over 2 years ago.

    1. Christine C McCall
    2. Neil Pedersen
    3. Andrew Daniel Myers
    4. Marilynn Mika Spencer
    5. David Andrew Mallen
    5 lawyer answers

    I agree emphatically with the three previous answers your received. I write to add that we also have no idea what kind of employment matter you have or what forum you are in. Are you in state court? Federal court? Appellate court? An California Employment Development Department (EDD) / Unemployment Insurance Appeals Board hearing? A Division of Labor Standards Enforcement (Labor Commissioner) hearing? Workers' compensation? It all matters.

    9 lawyers agreed with this answer

  8. I'm the only black working where I do, so I asked the manager to hire another black person they said that im lucky to have my

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. Shawn Michael Haggerty
    3. Herbert J Tan
    3 lawyer answers

    I'm not sure what it is you are asking. To have a claim of discrimination based on race or any other protected category, you need to have suffered an adverse job action (have some damages) and that adverse action has to be in part or completely due to your race (or other protected category). Have you been treated in a racist manner? Has anyone made inappropriate remarks about race? Have you been denied any employment opportunity (training, promotion, raises) as compared to the other...

    9 lawyers agreed with this answer

  9. FIRM CLOSING AND GIVING YEAR END BONUS - HOW CAN I LOWER MY TAX BILL?

    Answered over 2 years ago.

    1. Marilynn Mika Spencer
    2. Samuel R Walker
    3. Steven J. Fromm
    3 lawyer answers

    I've shared your question with Avvo's tax law forum, where your question may be seen by more attorneys who practice in this area of the law. Becoming a business partner involves far more than an initial investment. There are likely on-going obligations, depending on how the partnership is structured. You also lose control of how the investment is handled. In this economy, investing in a small business can be extremely risky. Food service is particularly vulnerable to the economy. Look...

    9 lawyers agreed with this answer

  10. 28 hrs ago I resigned from my job of 12 years b/c I was certain I would be terminated & felt pushed Can I still sue?

    Answered almost 3 years ago.

    1. Marilynn Mika Spencer
    2. Brian Gail Kindsvater
    3. Michael Robert Kirschbaum
    4. Joshua Robert Dale
    5. Steven Paul Cohn
    5 lawyer answers

    I'm sorry this happened to you. Unfortunately,even if you had been fired instead of resigning, nothing you mentioned indicates the employer was breaking the law in its treatment of you. The harsh reality is employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information....

    9 lawyers agreed with this answer