Alden Jay Knisbacher's Answers

CA state labor laws for automotive technicians

California labor law makes it illegal to deduct "cost of business" expenses from employee wages, especially if that fact is not disclosed to the employees (although it may be illegal even if disclosure is made.) The affected employees may have a valid claim to the wages that were deducted -- for four years from the date of filing in court.

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Can a former employer share my medical records with subordinates

The questions that have been asked are relevant. Assuming you have not shared this information, the Confidentiality in Medical Informations Act, the CA constitution re: privacy; as well as regulations implementing the Americans With Disabilities Act, and CA law re discriminating against individuals with disabilities make sharing this information illegal. You should consult with an atty immediately regarding the time limits for filing suit, if that is what you wish to do.

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What agencies and courts help protected class employees not based on typical discrimination but instead due to action?

Depending on the claim, there may be no pre-filing requirements. For example, you do not file with an agency to claim wrongful termination based on filing a workers comp claim - you just file the lawsuit. Whistleblowing is more complicated -- it depends on the facts that you are alleging.

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Do I need an Entertainment Lawyer or an Employment/Labor Lawyer? Or both?

It is extremely difficult to establish a wrongful termination claim if you quit. If you were forced to work overtime, even if you are salaried, you may have a good claim for overtime pay. Also, if you were not given breaks, you would have a claim for unpaid breaks. I don't know how their tipping policy worked, but you might also have a claim in that area, depending on how their policies were set up.

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Whats the next step here? Laywer? Already filed a claim with Dept of Labor

You may or may not get full backpay at the Labor Commissioner -- but before you get a hearing, they will set the matter for a settlement conference, where a hearing officer who will not be the person deciding the case, will try to get your son and the company to agree to a settlement -- at much less than what he is owed. If he was denied breaks, he is owed an extra hour of comepensation for each break he missed. He is owed interest on each pay period that he was not properly paid. He was mis-...

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CA state employment labor law, how many brakes are employees entitled to during work shift

You are also entitled to a half hour lunch -- away from the employer's premises, and not having to answer their cell phone or do any other type of work for them.

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Is it still considered sexual herrassment if you were sleeping with your boss but was fired when you stopped

Yes it is sexual harassment, known as "quid pro quo" meaning you can only keep your job if you continue to provide sexual favors. You have a year to file a claim with the Department of Fair Employment and Housing, and, then, one year after to file a lawsuit. (A two year statute of limitations also applies.) The nature of employment is that you do the work, and the company pays you for it. Neither the company nor your boss can demand anything else from you. www.knisbacherlaw.com

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My employer was not required to prove exemption and DSLE closed a case. A lawyer told me this is illegal, is that correct?

You should be able to pursue the claim with an attorney -- as opposed to the Labor Commissioner, if the claim has merit. View the link below for lawyers in your area.

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After 8 years and no warning i was let go so the owner could give my job to his brother-in-law who started working the next day

Sounds like you might have a valid claim. The order of proof in these cases is as follows: You have to show you are a member of a "protected class." --e.g., Over 40, female, have a disability, a minority, or have engaged in protected activity, like taking medical leave, or requesting proper pay; you also have to show that you have been performing the job adequately, and that you were replaced; the company then has to assert a good business reason for replacing you. If you can gather enough...

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Public works job at U.C.S.F San Fransisco (non union shop) Are we entilted to pervailing wages?

See this link regarding violations in San Francisco of prevailing wage laws: http://www.sfbuildingtradescouncil.org/content/view/44/109/ And see this link to file a complaint with the San Francisco Office of Labor Standards Enforcement: http://www.sfgov.org/site/olse_index.asp Pls. rec me if you like the answer. www.knisbacherlaw.com www.caworklaw.blogspot.com

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