Archived
What is the statue of limitations for filing for unpaid overtime and non payment for breaks after getting fired a year ago?
Craig's answer
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Answered on November 13, 2012
Ordinarily, the time limit (called a statute of limitations) on wages, such as overtime and break premiums, is 3 years. If you can prove that his...
Archived
Can you sign away your rights to take an employer to the Labor Board ?
Craig's answer
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Answered on November 13, 2012
I agree with Ms. Spencer. California views the proper payment of employees' wages as a fundamental public policy. By law, they cannot be waived....
Archived
Time cards
Craig's answer
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Answered on November 13, 2012
I agree with Mr. Kirschbaum's response. Employers are required by law to keep accurate time records, but they can do so however they want.
It is...
Archived
What are the labor laws for taking breaks if you work 4 or 5 hours? Also is it different for independent business owners?
Craig's answer
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Answered on November 13, 2012
Mr. Kirschbaum is absolutely correct. I write only to point out that it is not different for "independent business owners." The rule is the same...
Archived
What are the requirements for a valid covenant not to compete and discuss whether or not this particular covenant is enforceable
Craig's answer
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Answered on November 13, 2012
As a general rule, covenants not to compete are illegal in California. California rejects the so-called "rule of reasonableness" that other states...
Archived
CA Employer informs me "protected class" of POSITION ELIMINATION. Can I file case of Wrongful Termination ?
Craig's answer
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Answered on November 13, 2012
I agree with Mr. Pederson. Being in a protected class, without more, does not mean that your termination was illegal. In order for the termination...
Archived
Can an employer charge per-diem home health nurses a late fee for submitting paper work late?
Craig's answer
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Answered on November 13, 2012
Ms. Spencer has given you an excellent and thorough answer. I write only to point out that the facts as you describe them violate multiple...
Archived
Do I need an employment lawyer for wrongful termination?
Craig's answer
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Answered on November 13, 2012
Both my colleagues above have given you excellent answers. It would be a good idea to call either one of them to see if they can help you.
I...
I want to cash out my vacation pay but my employer says I have to prove hardship. Is it legal to look at my bills?
Craig's answer
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Answered on November 13, 2012
I agree with Ms. Spencer. Unfortunately, California law only provides that employees must be compensated for any vested vacation upon termination....
Archived
Non-compete clause in CA contract that has DE governing law
Craig's answer
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Answered on November 13, 2012
Unfortunately, the complete answer is even more complicated than discussed thus far. Noncompete agreements -- that is, agreements that state you...
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