Archived
Which test do use to evaluate whether a worker was an independent contractor in 2018 and 2019? New 2020 ABC test or old test?
James's answer
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Answered on January 20, 2020
It depends on several factors. First, the ABC test came into being in 2018 but was limited to the Wage Order only. It did not apply to unemployment...
Can I sue planet fitness for charging me after I canceled my membership?
James's answer
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Answered on January 17, 2020
Quite possibly, yes. Given the amounts in question, your options are either to file the case in small claims or contact a class action attorney who...
Archived
I proved to an investigating officer that my coworker altered an email to get me fired. What legal action options do I have??
James's answer
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Answered on January 17, 2020
That's a good question, and one that requires a direct attorney intervention. The person who altered the email is probably on the hook for a couple...
Archived
Can my trucking company refuse to disclose an algorithm that is part of my pay?
James's answer
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Answered on January 17, 2020
That's an interesting question. A number of trucking companies have been sued on the basis that they aren't paying the employees correctly,...
Archived
If I file an individual case, am I automatically opting out of the groups class action lawsuit ?
James's answer
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Answered on January 17, 2020
Nope. If you file your own case, and don't opt out, the defendant will move for your individual lawsuit to be dismissed on the grounds that you are...
Archived
Does the representative case pay all the lawyer costs in a class action lawsuit ?
James's answer
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Answered on January 17, 2020
It is exceptionally rare for a class representative to pay the costs of a suit. Typically, the attorney will cover the costs and then seen...
What can i do if i rent a room from someone and they sexually harass me?
James's answer
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Answered on January 16, 2020
Let me add one more thing - in addition to everything else, you are describing hostile livingplace sexual harassment, which is unlawful under the...
Archived
Can I file a lawsuit against my employer for labor claims while the state investigates the PAGA claim for civil penalties?
James's answer
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Answered on January 16, 2020
It depends on what your causes of action are. If you are asserting causes of action for civil penalties only, the LWDA is already bringing that...
Archived
When you get paid weekly on salary is it the responsibility of the employee to take taxes? Can they make you work 18 hour days?
James's answer
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Answered on January 16, 2020
To reiterate Mr. Pedersen's point, my first reaction in reading your post is: wait, why is a tow truck driver paid a salary? It sounds like you...
Archived
A Criminal backqround company made a costly mistake.
James's answer
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Answered on January 15, 2020
Yes, it's possible. The background check company has a duty to insure that its records are accurate. I am currently litigating a similar case where...