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Joseph Wayne Rose
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Joseph Rose’s Answers

258 total


  • Do I have a legit reason to sue?

    I was in McDonald's and was asked to go outside because I was puffing on an e-cigarette/vaporizer. They do not have a sign posted. The vaporizers do not cause second hand smoke, are odorless.can I sue?

    Joseph’s Answer

    No. .

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  • Do I need to file a complaint with the Dept. of ;Labor before I file a civil case?

    My former employer and I had a employment contract where he would pay me a lump sum if my employment was terminated early. It was. Before I file a civil case do need to file a complaint with the DOL?

    Joseph’s Answer

    You do not need to file any complaint with the Department of Labor before filing a lawsuit in this situation.

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  • I got in a car accident I'm uninsured but the driver that hit me has insurance do I get compensated for the damages?

    I was making a left turn at a stoplight there were two lanes to turn the other driver was in the far left lane and instead of making the turn she went straight and slammed into my left rear door. No report was made I was able to get her insurance ...

    Joseph’s Answer

    You can recover for your economic losses but not for "general damages," like pain and suffering, because of Proposition 213 passed in 1996. You should definitely get car insurance and purchase the uninsured motorist coverage with adequate policy limits to protect yourself.

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  • Are certain professions exempt from lunch breaks? Namely pinsetters mechanic?

    My boyfriend is a pinsetters mechanic who works eight hour shifts. He claims that he's not allowed to leave the workshop during work meaning he can't take lunch breaks and is instructed to smoke indoors which seems hazardous. He says his job is ex...

    Joseph’s Answer

    There is no lunch break exemption for pinsetter mechanics I am aware of. He should receive at least 30 minutes of unpaid meal break time during which he can leave the shop and the premises to get some food, or whatever he chooses to do, for each 8-hour workday. He is eligible for 1 hour of pay for each workday he was not allowed a lunch break.

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  • How long does a California school district have to pay my final wages?

    I am a classified employee, not contracted. I gave two weeks notice, and worked those two weeks.

    Joseph’s Answer

    California Labor Code section 201 does not apply to public school districts. Under the Fair Labor Standards Act (FLSA), the rule is wages must be paid "when due," which normally means at the next regularly scheduled pay day. Unless you are in a union (e.g. CSEA) that has negotiated a different agreement, you should be paid with the district's next regularly scheduled payday.

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  • Prevent Plaintiff from dismissing the case without prejudice before the demurrer hearing.

    My demurrer to a frivolous complaint has been submitted. More likely it will be sustained w/o leave to amend. But the hearing of the demurrer is still a month away. Is there anything I can do in the meantime to prevent the plaintiff from filing a ...

    Joseph’s Answer

    • Selected as best answer

    If the plaintiff dismisses the lawsuit without prejudice while your demurrer is pending and without your agreement for a waiver of costs, then this will probably be considered by the court to be a favorable termination on the merits for you. This means, you could probably successfully apply as the "prevailing party" for an award of costs against the plaintiff, which would be your filing fee(s), process service fee(s), and any motion costs or fees. So, we are talking about five or six hundred bucks.

    As a practical matter, the plaintiff should not need to dismiss and re-file because most judges liberally grant plaintiffs leave to amend their defective complaints. It is not until there have been two or three attempts to get it right that the court is likely to sustain a demurrer without leave to amend.

    I hope this answers your question.

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  • Federal minimum wage raise?

    For what I know the minimum wage raise will happen in July. So, if I currently get paid $9/hr. What will happen? Will I still get a raise or does that only affect the people that get minimum wage? I am wondering this because where I work they dont...

    Joseph’s Answer

    If you are already paid $9/hour then the law won't require your employer to pay you more.

    If you aren't being paid on time, talk to your employer and ask to have the problem fixed. If that doesn't work, contact the California Labor Commissioner or an employment lawyer for help.

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  • Is an employer required to pay you overtime if you make $57 hour.

    I work on contract through an agency for $57 hour for a company in San Francisco. Recently I worked overtime and my agency told me that they aren't required to pay me time an a half for over 40 hours because I'm considered to make a good wage. ...

    Joseph’s Answer

    If you are a computer professional and make $40.38 per hour or more then you are exempt from overtime.

    If you are not a computer professional and are paid an hourly wage rather than a fixed weekly or monthly salary then you do not meet the salary basis test and are entitled to overtime.

    If you are paid on a salary basis then whether you get overtime pay will depend on your job duties and level of responsibility.

    You should talk to a Northern California overtime employment attorney to find out for sure.

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  • Can I be fired just for being arrested?

    I worked at a local school for the district and I was arrested for DUI and the next day the news of my arrest was in the newspaper and I was fired that day. Is that legal? I always thought the law was innocent until proven guilty, but I haven't...

    Joseph’s Answer

    The employer can consider the underlying facts leading to your arrest pending trial to make an employment decision. See California Labor Code 432.7(a). If you have a property interest in your job as a tenured school district employee you are entitled to a due process hearing. Depending on your job, you may have additional appeal rights under the California Education Code, a labor contract, or the school districts' policies.

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  • How do I find an attorney experienced in American with disabilities Act?

    I was hurt work and could not recover. And was then laid off while on disability am I covered under Americans with Disabilities Act.

    Joseph’s Answer

    Use Avvo's find a lawyer feature to find an employment or workers compensation attorney for Escondido, California.

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