Kashif Haque’s Answers

Kashif Haque

Irvine Class Action Attorney.

Contributor Level 7
  1. Does employers have to work with peoples schedules due to childcare or school schedule?

    Answered 9 months ago.

    1. Golnar Sargeant
    2. Sagar P. Parikh
    3. Christopher Daniel Leroi
    4. Kashif Haque
    4 lawyer answers

    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...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 9 months ago.

    1. Neil Pedersen
    2. Kashif Haque
    3. Pamela Octavia Pitt
    4. Thomas A. Ricotta
    4 lawyer answers

    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.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered 9 months ago.

    1. Neil Pedersen
    2. Patrick John Phillips
    3. Kashif Haque
    4. Kristine S Karila
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

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

    Answered over 3 years ago.

    1. Kashif Haque
    2. Hong Shen
    2 lawyer answers

    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...

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

    Answered 9 months ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Kashif Haque
    3 lawyer answers

    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).

    2 lawyers agreed with this answer

  6. How Many Rest Breaks Per Day Am I Entitled To?

    Answered 9 months ago.

    1. Nathan Kased
    2. Patrick John Phillips
    3. Daniel Michael Holzman
    4. Neil Pedersen
    5. Kashif Haque
    5 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered over 3 years ago.

    1. William Ira Corman
    2. Kashif Haque
    2 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered about 4 years ago.

    1. Kashif Haque
    2. Peter William Taylor
    2 lawyer answers

    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: http://www.irs.gov/businesses/small/article/0,,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...

    1 person marked this answer as helpful

  9. Do I need a Lawyer?

    Answered over 3 years ago.

    1. Kevin Michael Schwin
    2. Kashif Haque
    2 lawyer answers

    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:...

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