Douglas M Larsen’s Answers

Douglas M Larsen

Fresno Employment / Labor Attorney.

Contributor Level 11
  1. Company accepted service on my behalf; never told me. Co. settled case and now I am out there alone to defend sex harass case.

    Answered over 1 year ago.

    1. Michael Robert Kirschbaum
    2. Neil Pedersen
    3. Douglas M Larsen
    4. Jay Gehre Putnam
    4 lawyer answers

    Get an attorney. Challenge service since you never signed for it. You can also consider taking the position you were an employee and the company is required to indemnify you for defending the action. Of course, that raises many other issues as well.

    5 lawyers agreed with this answer

  2. Would my sealed juvenile record show up on a background check?

    Answered almost 2 years ago.

    1. Douglas M Larsen
    2. Christine C McCall
    2 lawyer answers

    I am an owner of a company that performs background checks. Unlike most of our competition, we go to the court to review records and files. Let me tell you -- it won't show up. Juve records are sealed and background checking companies can't get at them. I wouldn't disclose it. By the way, check the box on the form authorizing the background check. You can see what is reported. In addition, if the company finds something, it will contact you to determine whether or not it was you. You...

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  3. What if there is no voluntary written aggrement between employer and employee for deductions of minimum wage for a shared room

    Answered 10 months ago.

    1. Jonathan Aaron Weinman
    2. Douglas M Larsen
    3. Neil Pedersen
    3 lawyer answers

    Jonathan and Neil have it correct. The wage order says a deduction can't be made crediting lodging against minimum wages unless there is a written agreement in place. And the Labor Code prohibits deuctions without an employee's written authorization. You can get a lawyer to help you. Or you can go to the Labor Commissioner, who will bring the employer in and ask for an explanation. If the employer doesn't want to pay you correctly, the case will be set for a hearing (trial). If it's as...

    4 lawyers agreed with this answer

  4. My husband is Paid Only Flat Rate of $30. However his boss does not pay him for time he is at work not working on a vehicle.

    Answered over 1 year ago.

    1. Douglas M Larsen
    2. Michael Robert Kirschbaum
    3. Marilynn Mika Spencer
    4. Joseph Wayne Rose
    4 lawyer answers

    This question was answered very specifically in a case published last week by the California Court of Appeal -- Gonzalez v. Downtown LA Motors, LP. You can read about it in my blog at www.CaliforniaHR.blogspot.com. You will be able to seek relief by going to the Labor Commissioner.

    4 lawyers agreed with this answer

  5. Can my employer offer mileage to one employee but not another?

    Answered over 1 year ago.

    1. Douglas M Larsen
    2. Samuel Alan Wong
    3. Ryan Alexander
    4. David Andrew Mallen
    5. Jay Gehre Putnam
    5 lawyer answers

    It could be gender discrimination. A better claim would be to demand reimbursement for expenses incurred. You are entitled to reimbursement. If the employer does not reimburse you, go to the Labor Commissioner and ask for reimbursement. You could also file a lawsuit, but that's a lot of work for reimbursement. Try the Labor Commissioner. That should do the trick.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Can a 1099 contract employee sue for wrongful term?

    Answered over 1 year ago.

    1. Douglas M Larsen
    2. Michael Robert Kirschbaum
    3. Marilynn Mika Spencer
    3 lawyer answers

    The prior answer was right on with the issue of whether or not you were an independent contractor or an employee. Some other things you might consider. If you were an employee, the employer should have made payroll tax contributions on your behalf. You might also have been entitled to overtime, vacation benefits, and even retirement and health care benefits. This is something you might want to examine.

    3 lawyers agreed with this answer

  7. My boss wants me to wave my rights an sign a paper in oder to get my final check

    Answered over 1 year ago.

    1. Michael Robert Kirschbaum
    2. David Vincent Hiden
    3. Douglas M Larsen
    3 lawyer answers

    The other lawyers are correct. Don't sign the check. Of course, you won't get the check. Wait 30 days and then go to the Labor Commissioner and complain. You won't even need a lawyer to help you on this one. The Labor Commissioner will handle it for you. You see, an employer must pay an employee all wages due at the time of termination. If it does not, it owes the employees a penalty, calculated at the employee's daily wage, for up to 30 days. This would get you an extra 30-days pay....

    3 lawyers agreed with this answer

  8. Would it be monetarily to my advantage to go after ex-employer for under payment of wages if I was working under the table?

    Answered about 2 years ago.

    1. Douglas M Larsen
    1 lawyer answer

    You have a tough issue to confront. It is not illegal to work more hours than you have recorded at work. You can ask your employer for the additional funds. Or you can ask the Labor Commissioner for help in obtaining those funds. The difficulty arises with the "under the table" payment of wages. You and the company are required to pay payroll and income taxes based on the wages earned. You presumably file a tax return each year. The return has a provision indicating that the...

    3 lawyers agreed with this answer

  9. Can a freelance employee paid on a daily rate basis qualify for an Administrative Exemption under CA Law and the FLSA?

    Answered almost 3 years ago.

    1. Douglas M Larsen
    2. Marilynn Mika Spencer
    3. Susan Carol Keenberg
    3 lawyer answers

    An employee is exempt if (s)he passes the salary test and the duties test. Your question focuses on teh salary test. Salary means that you are paid a set amount each workweek regardless of the quality or quantity of work performed. I don't think you can pass the duties test because it appears your compensation depends on the amount of time you work, or in other words, the quantity of work performed. The good thing is that you are eligible for overtime.

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  10. Can my supervisor change my time card without my knowledge and a reason of why it is being changed?

    Answered almost 3 years ago.

    1. Douglas M Larsen
    2. Scott Richard Kaufman
    3. Christian K. Lassen II
    4. Jason Matthew Shinn
    4 lawyer answers

    The time card should accurately reflect the hours you worked. If the time card was modified and no longer accurately reflects the time you worked, you should notify the employer and ask for the additional pay for the work you performed. Making this complaint will do two things. First, it will hopefully give you a chance to get paid for hours worked. Second, it puts you in a good position vis-a-vis your employer. I would call you an "untouchable." This means that it will be difficult...

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