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Kashif Haque

Kashif Haque’s Answers

9 total

  • Do CA waiting time penalties apply when there is a 1 year employment contract but 10 days notice was given before breach?

    Contract: one page and does not specify payment dates, contract allows for termination only for cause, 1 year employment, and has salary info. Very short contract and not prepared by an attorney. D There are no damages from the breach, and paym...

    Kashif’s Answer

    Your final pay is due within 72 hours from when you quit. Sounds like you have accrued 13 days of penalties as a result of the violation. You have two options: You can file a complaint with the California Division of Labor Standards Enforcement (DLSE) or you can file a lawsuit against your employer. If you win, you'll be entitled to waiting time penalties for 13 days.

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  • Is there a certain number of hours my employer is required to pay me if I work a partial shift and then get fired

    I was fired due to a verbal altercation with another employee that happened a week prior to being fired. The supervisor allowed me to work for an hour and then stated hr was doing an investigation and I would be notified if and when I would be abl...

    Kashif’s Answer

    Sounds like you were terminated after being at work for only 1 hour that day. If that is true, it sounds like you should be paid for half your scheduled shift that day. The general rule is that if an employee works more than half his or her shift before the termination, then the employee must be paid for the hours actually worked. If the employee works less than half of the shift, then the employee should be paid half the scheduled day’s pay (minimum of 2 hours; maximum of 4 hours).

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  • How Many Rest Breaks Per Day Am I Entitled To?

    I work a 8 hour shift everyday. I know that the CA law is a 10 minute rest break must be provided by the employer every 4 hours. So does this mean that I should be getting 1 or 2 rest breaks every day? Thank you

    Kashif’s Answer

    One 10-minute rest period must be provided for every 4 hours of work "or major fraction thereof." An employee is not entitled to a rest period for shifts of 3 ½ hours or less. Employees are entitled to 1 rest period for shifts from 3½ to 6 hours, 2 rest periods for shifts of more than 6 hours and up to 10 hours, 3 rest periods for shifts of more than 10 hours up to 14 hours.

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  • Employer is asking me to provide a release of medical records for medical leave under ADA that seems extremely broad in scope.

    I had to go on medical leave due to depression and PTSD related to military service. My employer stated that I was not eligible for the Family and Medical Leave Act due to I had not completed 12 months of employment. But they stated that ...

    Kashif’s Answer

    Disability-related inquiries are permitted if they are "job related" and "consistent with business necessity." Disability discrimination laws are protective of employee medical privacy rights. The employer's inquiry can only seek information sufficient to evaluate whether the employee has:

    1. A qualifying disability under the ADA; and
    2. Whether the employee can perform the essential functions of the job or needs accommodations.

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  • Does employers have to work with peoples schedules due to childcare or school schedule?

    I'm a general merchandise manager. My company transferred me further from home, but still within jurisdiction just shy off a few miles. In order to make it to work on time, I drive my kids to my parents house at 11pm in canyon country from Sylmar...

    Kashif’s Answer

    An employer with more than 24 employees must allow an adult employee who has custody of a child in grade school (grades 1-12) or a child attending a licensed child day care facility to take off up to 40 hours a year but not more than eight hours in one month to participate in activities of the school or licensed child day care facility of his or her children.

    An employer must allow the parent or guardian of a child who has been suspended from school to take time off if he/she needs to appear at the school in connection with that suspension.

    The employee must use his or her existing vacation, personal leave, or compensatory time off to participate in their children’s school or licensed child day care facility’s activities.

    Please refer to California Labor Code section 230.8.

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  • Do I need a Lawyer?

    My ex-employer, is stating that I didnt show up for work for two days and violated HIPPA while working for them, which are both completely untrue. They are stating these things to keep me from recieving unemployment benifits. What do I do if they ...

    Kashif’s Answer

    Unemployment Insurance Code Section 1142 provides:

    If any employer or any employee, officer, or agent of the employer, in submitting facts concerning the termination of a claimant's employment willfully makes a false statement or representation or willfully fails to report a material fact concerning such termination, the EDD shall assess a penalty against the employer in an amount not less than 2 nor more than 10 times the weekly benefit amount of such claimant.

    [Full text available at:].

    You will need to prove several elements to proceed for disqualification/penalties under this section and it is certainly adiseable that you retain the services of an attorny to help you navigate through this.

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  • Does CA state define part-time as a specific number of hours, or is part-time the employers to define?

    A company has hourly employees designated as full- or part-time. The company is cutting back to 4 days at 8 hours per day for all employees. Full-time employees keep their benefits, but part-time employees working the same 32 hours per week do ...

    Kashif’s Answer

    Most states define part-time employees as those who work less than 35 hours per week, compared to full-time employees who typically work for 40 hours or more. In California, the Department of Labor Relations states that a full time employee is someone who works 40 hours per week or more. Many companies offer their own definitions of full time and part time, and it can be confusing to know for sure whether you are legally eligible for full time benefits or not. This means that while many companies offer full time employment at 36 hours per week, they are not legally required to do so.

    The term "benefits" is a broad one. It covers anything an employee receives other than cash wages. Some benefits (i.e., family and medical leave) are required under federal or state law. These benefits generally do not cost an employer anything, except in terms of the employee's away from work. If you are an employee covered by a law that requires certain job benefits, such as leave time for certain purposes, your employer must allow you to take advantage of those benefits at no penalty to you.

    Employers are not required to provide their employees with medical, disability, dental, or life insurance, but once such benefits are offered, the law requires that the employer adhere to federal and California laws prohibiting discrimination in employment. As with other areas of employment such as hiring, promotion, and termination, distinctions in health benefits coverage cannot be made on the basis of an employee or dependent's gender, race, age, national origin, religion, or disability. As examples, an employer providing employees with health insurance may not, among other things:

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  • Is it possible to obtain bank records with copies of paid checks to me from my Ex-employer's bank accounts?

    I'm being sued by an ex-employer with claims I stole from the company. I need to obtain copies of the paid check the company issued to me with the CEO's signature. I filed a general denial after I was served. With the bank records, I will be able ...

    Kashif’s Answer

    • Selected as best answer

    Being that you hae served and have filed a general denial, appears that you are in the midst of litigation. That being the case, you are now able propound discovery to the other side. Specifically, you should propound a Request for Production of Documents and with specificty, request the check you mention. You will have to wait 30 days (plus time for service, 5 days if mailed) to receive the other side's responses. Alternatively, you may issue a subpoena to the employer's bank seeking the check in question. Depending on your bank's business practices, they may or may not keep images of checks you cash/deposit. You should speak with a representative from your bank to verify.

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  • Can my employer keep delaying my paycheck? It has been 2 months and is withholding it until he wants to give it to me.

    I work as an independent contractor for and advertisement company. They told me i dont need to sign any contracts, and now they have delayed my paycheck for more than a month. I ask for it and they keep delaying on and on. i have payments to make ...

    Kashif’s Answer

    The first question to answer is whether your are properly classified as an independent contractor. The IRS offers a good web-page as a reference:,,id=99921,00.html

    Most independent contractors are misclassified and should actually be employees. You keep referring to your "paycheck" which leads me to believe you think of yourself as an employee. Chances are then, you probably are one. You should contact an attorney to determine if you are properly classified.

    If you are an employee, California Labor Code section 207 states that Wages earned between the 1st and 15th days, inclusive, of any calendar month must be paid no later than the 26th day of the month during which the labor was performed, and wages earned between the 16th and last day of the month must be paid by the 10th day of the following month. Other payroll periods such as weekly, biweekly (every two weeks) or semimonthly (twice per month) when the earning period is something other than between the 1st and 15th, and 16th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned. Labor Code Section 204.

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