My employer distrbuted my tips without my knowledge or consent to the cooks who are paid salary. Is this legal? What can I do?

Participants in a tip pool at a restaurant must be in the chain of service. Cooks are not in the chain of service and should not be receiving a...

First time employer-- Am I doing it right? Also, how much does it cost to provide employees with health benefits?

California law requires a written commission agreement with employees who make sales. Cutting off the earning of commissions at the time of...

Can a volunteer firefighter be terminated or pointed from work due to call offs for doing the volunteering in California?

California Labor Code section 230.3 prohibits an employer from discharging or discriminating against an employee for taking time off to perform...

After a letter to begin a grievance for wrongful termination has been sent what happens if employer does not respond?

It is not clear if you are a union employee. Most grievance policies in collective bargaining agreements progress to the final step of...

Do wait time penalties apply to unpaid meal period violations?

The full thirty days assuming you can prove the meal period violations.

Can my employer make me pay for his lawsuit?

An employee can only be liable to an employer for damages if they are guilty of a culpable degree of negligence (Labor Code section 2865). It is...

I got paid 28 per hour and did not get time n half for overtime as i was exempt they said.27.63$ or less is non exempt

You do not describe your job duties but with the exception of the computer professional exemption you must be paid a fixed monthly salary of at...

Legally bind to have employees sign a non-competition contract?

The only permissible restriction would be to bar the solicitation of current employees. The other non-compete restrictions you propose are not...

A probationay employee with 2 months remaining of a 9 month probation needs surgery. Can the employee be terminated for leaving

Assuming that there are five or more employees the employer is required to accommodate an employee with a disability unless it is an undue...

What is the EDD appeal process? Can I sue EDD in case EDD doesn't follow law?

If you lose at the EDD appeal board level the next step is to file a petition for a writ of mandate in the Superior Court. You would be asking the...

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