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I quit my job in early May, however, I'm still getting paid through direct deposit. What should I do? Can I keep the money?
Craig's answer
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Answered on June 07, 2013
No, you can't keep money that's not yours. If you didn't work for it, and you didn't earn it, it's not yours and it must be returned.
If you try...
My job wants to change me from W2 employee to 1099 independent contractor so they don't pay CA payroll tax. What are my rights?
Craig's answer
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Answered on June 07, 2013
I can't tell you what to do; that's a personal decision, not a legal one. What I can tell you are the general principles of law that govern your...
Archived
I was overpaid 23 hrs by my co. by mistake. Do I have to pay this money back?
Craig's answer
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Answered on June 06, 2013
Yes, of course you must pay them back. It was an oversight. It's not your money, and you owe it back to them.
They cannot, however, take it out...
How do you subpoena the EDD for records of a past employee
Craig's answer
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Answered on June 06, 2013
Not only can't you get them, as Mr. Kirschbaum has pointed out, but even if you could, you couldn't use them anywhere. Statements made to the EDD...
Archived
I was assaulted sexually & verbally by a superior @work! When the issue was brought befor admin & made public, retaliation began
Craig's answer
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Answered on June 05, 2013
It is illegal to sexual harass anyone in the workplace. It is also illegal to retaliate against someone who reasonably complains about sexual...
Archived
Can my employer change how she pays me from a weekly paycheck to 1099?
Craig's answer
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Answered on June 05, 2013
First of all, whether you are paid weekly is irrelevant to whether you are a 1099 contractor or a W2 employee. 1099 contractors can be paid weekly,...
Archived
Can my manager fire me if I don't agree to have my days off changed?
Craig's answer
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Answered on June 05, 2013
I agree with both of my colleagues who responded before me. I write only to let you know that familial responsibilities like yours are not...
Archived
We have a small caregiving referral agency providing caregivers to take care of elderly people in their homes.
Craig's answer
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Answered on June 04, 2013
California assumes that the people working for you are W2 employees, not independent contractors. The burden is on you to demonstrate...
Archived
Can I take legal action or what can I do?
Craig's answer
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Answered on June 03, 2013
It's impossible to answer your question without looking at the contract itself.
The odds are good, however, that it includes an "at-will" clause...
Archived
This is a California labor law question. Can a salaried plus commissions person be required to work 60 hours a week?
Craig's answer
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Answered on June 01, 2013
This is a complicated issue, based in part on your pay structure.
All employees, both exempt and non-exempt, must earn at least the minimum wage...
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