Kimberly Ann Maynard Carasso's Answers

Is my employer breaking any kind of labor laws?

Rest periods Under California law, based upon the number of hours you are working, you should receive a 10-minute paid rest period for every four hours worked or major fraction thereof. Insofar as is practicable, the rest period should be in the middle of the work period (i.e. two hours after you arrive, two hours before you leave for the day). If your employer fails to provide an employee a rest period, the employer shall pay the employee one hour of pay at your regular rate of pay for...

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Privacy rights

Question: How do you have occupancy of a business without a lease? If you do not have a lease, what legal right do you have to occupy the space? Given the situation as you have described it, I am a bit puzzled. Is is a situation where you had a lease with a former landlord? If so, then the new landlord likely steps into the shoes of the old landlord and the terms of your lease should help guild you. What does your old lease say about notice? Is the need for an electrician due to an...

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As a part time employee, I work Full time.Am i entitled to paid time off and sick leave?

In California, an employer is not required to provide employees with paid time off, sick leave or even vacation (although most do). As prior counsel have noted, additional information will need to be gathered to determine whether your employer must comply with either state or federal leave laws. In short, if you believe that there may be a case, please make an appointment with an experienced labor and employment attorney in your jurisdiction for a confidential and no cost initial...

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Im 30 weeks pregnant and was told my my doctor that i cant work any longer, the note is valid through my 36th week until i go on

In order to answer your question, a lot more informaiton is needed and really this is not a subject that should be decided on an AVVO board. For example, important questions include: How long have you worked for the company? How many employees does the company have? How many hours have you worked for the company in the past 12 months? Have you taken any other leave? If you believe that there may be a case, please make an appointment with an experienced labor and employment attorney...

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I have a question regarding labor law Let say that I work on Sunday and Saturday I find out that a friend is coming in to town

If I understand you correctly, you want to know whether a manager may reject your request to switch a shift with less than 48 hours notice. If that is your question, and based solely upon the facts you presented (don't know if there is more to the story than what's here), there is no legal reason why your manager cannot require more than 48 hours notice to change shifts.

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What can I do to collect past due wages that are owed to me

There are a number of missing facts that are necessary before a proper answer can be given to your question. How long ago did you work for the trucking company? Were you an employee or were you an independent contractor? Did you have a contract with the company or were you an at-will employee? Were you terminated or did you quit?

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Remove my daughter from the mobile home registration

My advice would be that you re-post this in the trusts and estates or probate boards. I think that those attorneys will be able to answer this question for you.

Medical Malpractice Deposition: Can the defense pulls out the Motion Summon of Judgement due to plaintiff did following:

Your question is quite confusing and it is unclear in what context any of this is happening. I strongly suggest you retain counsel to handle this matter. Medical negligence cases are complex and require expert witness testimony. You should retain counsel with familiarity handling medical negligence claims immediately. Best of luck!

What action can employers take against employees for info found on facebook?

I agree with my colleague. An employer could also potentially terminate an at-will employee for such conduct. Employees need to be mindful that information posted on the internet, including Facebook, is available to virtually anyone. Therefore, if you do not want your employer (or a potential employer) to know something about you (i.e., you are playing hooky, photographs of you doing keg stands in college, etc.), then do not post it on Facebook. Although an emerging area of law, there is no...

Supervisior telling u need to look for another job, and that your like a bird in a nest u need to learn to fly are get crused.

There is no statute requiring civility in employment. A hostile work environment is one in which discriminatory harassment persists on the basis of race, color, gender, national origin, disability, or age. If your supervisor is picking on you because she does not like you/feels you are not emotionally "tough enough" for the job, then you do not have a case. If, however, the harassment is on the basis of race, gender, national origin, disability, or age, you feel that you have no choice but to...