Archived
Can my employer write me up due to not performing up to their expectations, even though I was never given a list of duties?
James's answer
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Answered on January 06, 2020
Unless you can show that the write-up is for something other than what you were written up for, yes it's legal. An employer can fire you for any...
Do I have any legal rights when my boss terminates me, but post dates my final check 6 days from the day he fired me?
James's answer
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Answered on January 06, 2020
You do. California law requires you to be paid your final paycheck (including the 2 hours he made you wait, btw), within 24 hours of termination....
Archived
Is my CA employer required to give me a lunch break before my 7th hour of work?
James's answer
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Answered on January 06, 2020
By law, you are to be provided one meal period for every five hours of work. That meal period has to be completed BEFORE your sixth hour of work....
Archived
Can I make a claim on unpaid overtime after being fired?
James's answer
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Answered on January 06, 2020
It depends on your classification. If you were classified as hourly, and not paid for all of your hours worked, then you absolutely can sue for...
Will disturbing the peace misdemeanor prevent me from getting a bartending job at a hotel?
James's answer
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Answered on January 06, 2020
My colleagues' responses here are excellent, but let me add one more point - under the FCRA, and ICRAA, employers and consumer reporting agencies...
Can an employer in California require 7 days (24 hrs) of being on call for company?
James's answer
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Answered on January 03, 2020
Depending on how much you are limited in what you do during your on-call time, that time may be considered compensable under California law. Since...
Can my can my employer work me 10 days in a row and not pay me any overtime?
James's answer
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Answered on January 03, 2020
I'm sorry to say that this is lawful. Unfortunately, the California Supreme Court interpreted Labor Code sections 551 and 552 as allowing employers...
Archived
Regarding the AB-5 in CA, can an employer change all employees to be "independent contractors" suddenly with a pay cut?
James's answer
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Answered on January 03, 2020
This is not an AB 5 issue, because if it was, your employer would be doing the exact opposite. The whole point of AB 5 is to make it HARDER to...
Archived
Can an employer refuse to pay you?
James's answer
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Answered on January 03, 2020
Nope. Your pay is your pay. It can't be used for any other purpose by your employer other than paying you.
In California can my employer change my pay scale from salary to commission even if I don't do any sales work?
James's answer
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Answered on January 02, 2020
Generally, yes. So long as your husband has been provided with a written commission plan, he can be transferred from salary to commissions. I'm not...