Archived
*Updated: Can I file a California wage penalty claim against my former employer after signing a release agreement?
Jason's answer
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Answered on March 14, 2016
Labor Code 203 provides that the daily wage rate continues for each day that an employer willfully fails to pay wages due to an employee, up to 30...
Archived
Employment law in US District court/Can I ask the court 4injunction 2 explore administrative remedies & under what law basis
Jason's answer
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Answered on March 14, 2016
This question is not understandable. However it is clear this is an employee employment law issue. The good news is that most employment lawyers...
Archived
Since they are no longer "contractors", what is my husband's recourse as far as unpaid overtime?
Jason's answer
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Answered on March 14, 2016
Employers and employees do not get to choose whether employees are labeled as 1099 independent contractors or W2 employees. Classification...
If I get a Right to Sue letter from DFEH but not EEOC, can I file a lawsuit based on ADA and age discrimination?
Jason's answer
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Answered on March 13, 2016
I agree with Ms. Karila and Mr. Rothman. A right to sue letter from the DFEH covers both age and disability discrimination cases under FEHA, which...
Archived
How can I get my money? Or who can I contact? I've been told to call the labor department.
Jason's answer
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Answered on March 13, 2016
In California, whether or not a worker is an employee or independent contractor will be determined by several factors, the most important one being...
How long is an employer allowed to correct a payroll error and what can I do without jeopardizing my job?
Jason's answer
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Answered on March 13, 2016
This question needs further facts to properly understand what is going here. In general at-will employees, employees who do not have a contract...
Archived
What are the terms of a settlement at a Labor Commissioner's initial conference for unpaid wages?
Jason's answer
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Answered on March 13, 2016
I agree with Mr. Kirschbaum. Because there are other similarly situated employees, this may be a case better handled by an experienced employment...
Archived
How long do the appearances before the CA Labor Commissioner take?
Jason's answer
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Answered on March 13, 2016
An employee shouldn't expect the initial conference, where settlement discussions usually happen, or the DLSE hearing, where the matter is...
Archived
When will I find out what classification my employer was trying to use during the claim process with DLSE?
Jason's answer
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Answered on March 13, 2016
An employee would definitely find out what an employer's defense or claims are at the hearing if the employer refuses to settle. But usually there...
As compared to the court system, is the Labor Commissioner biased toward the employer or employee when it comes to I.T. workers?
Jason's answer
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Answered on March 13, 2016
The more important point is that I believe employees generally have a better outcome if they are represented by an experienced employment lawyer,...