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James Clifford Anderson

James Anderson’s Answers

43 total


  • Employer has not provided me access to view my personnel file and it has been more than 39 days ?

    James’s Answer

    You can make a demand for the $750 to the employer. If they refuse to pay it, you can file a claim directly with the Labor Commissioner for the $750. You may have other claims available to you so I would recommend contacting an employment law attorney to review your case in full.

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  • May an Employer pay out paid sick leave to an Employee at the end of a year?

    James’s Answer

    At the end of the year, an employer could pay employees for unused sick leave, but they don't have to. It should be stated in the company's policy.

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  • Does employer have to furnish copies (not the original sent by the due date) of a w2 for prior years if an x employee requests?

    James’s Answer

    When it comes to payroll records, under Labor Code section 226(b), the employer is legally obligated to send them to him, or his representative, or to make them available for him to copy. Per Labor Code section 226(c), you have 21 calendar days from the date of request to get him his payroll records or it is a $750 penalty (LC 226(f)).

    He has a right to receive any document he signed under Labor Code 432.

    Regarding his personnel file, you must send him copies or allow him to copy the records pursuant to Labor Code 1198.5(a). You have 30 calendar days (LC 1198.5(b)(1)) from the date the request is received to do that or it is an additional $750 penalty per LC 1198.5(k).

    W2's will fall under a document he signed and his personnel record, and therefore I would recommend sending it to the employee within 30 calendar days of receiving the request.

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  • Does the employer need to pay sick days for a part time employee in California?

    James’s Answer

    More facts would need to be known for a more accurate answer, but the maximum caps will depend on whether your employer is subject to Los Angeles' own sick leave ordinance, and whether the employer's policy is one that accrues per hour or all upfront.

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  • What are my options with regards to previous employer relatiation

    James’s Answer

    Signing the release will not preclude you from potentially bringing a claim based on slander or tortious interference. I would suggest contacting an attorney to further discuss the details.

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  • Can I get paid back for employer not paying me the wage that it suppose to be if mechanic provides own tools?

    James’s Answer

    It is more likely that your employer would need to reimburse you for the cost of your tools, rather than the difference between the wage it paid you and twice the minimum wage. I would suggest contacting an employment law attorney to further analyze your circumstances.

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  • Is a employee entitled to 3 days of sick day law when they are already getting paid vacation and paid holidays?

    James’s Answer

    It appears as though you work in San Francisco? If so, San Francisco has its own local sick leave law that differs from the state sick leave law in a number of ways. I would suggest contacting an employment law attorney who is familiar with the San Francisco sick leave ordinance.

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  • Is it legal for my employer to blow me off regarding insurance?

    James’s Answer

    Only if the employer has at least 50 full-time or full-time equivalent employees (over a certain period of time) are they required to provide health insurance under the Affordable Care Act. Otherwise, the employer is not required by law to offer health insurance.

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  • I work at as a server at restaurant and my manager and assistant manager gets tips. Is this legal?

    James’s Answer

    Labor Code section 351 will be of help to you. It states in relevant part that no employer or agent shall collect, take, or receive any gratuity or a part thereof that is paid, given to, or left for an employee by a patron. Every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for.
    The question is whether it can be argued successfully, under your circumstances, that the tips were left for the five categories of employees as you specified, or was it left for the sole lead server. Many establishments "pool" tips and then split them accordingly. There may also be San Francisco specific ordinances that are controlling, which I am unaware of.

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  • If I'm a "lead", not a "manager", does OSHA consider me an employer or an employee?

    James’s Answer

    An employee need not have an official title as "manager" to perform the OSHA training. Assuming you have knowledge regarding forklift operations, you are qualified to perform the training.

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