Archived
Do I need to inform my employer of missing hours of vacation on final paycheck or is it an automatic waiting time penalty claim?
James's answer
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Answered on September 30, 2016
As my colleague said, LC section 203 requires a willful failure to pay before waiting time penalties can be assessed. Also, as a practical matter,...
Archived
After providing the 60 day eviction notice does the sub tenant still have to pay rent?
James's answer
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Answered on September 30, 2016
Well, the fact that he's your ex complicates things, but a 60 day notice is not a notice of eviction. It is a notice that, in 60 days, the tenancy...
Archived
Is my employer allowed to not pay me for ringing up my customers?
James's answer
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Answered on September 30, 2016
In a word, no. If you are performing work, and your employer has constructive knowledge that you are performing work, you are supposed to be paid...
Archived
Employed by Apple One (as temp) for a credit union for 1+ year. My contract ends today. When should I expect my final paycheck?
James's answer
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Answered on September 30, 2016
If you were fired, you are supposed to get your last paycheck today. If you quit, your employer has until Monday to deliver your last paycheck.
Archived
Can I sue my employer for a compliance breach?
James's answer
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Answered on September 30, 2016
You can sue anyone for anything, but absent a true showing of damages, your nominal damages are $1,000 under the CMIA. And even that is not a...
Archived
When am I entitled to an unpaid 30 min meal break? To a work break? To OT pay for work over 8 hours/day?
James's answer
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Answered on September 29, 2016
Well, it depends if you are in a union or not. If you are, then all of your questions will be answered by the collective bargaining agreement. If...
Archived
What are labor laws concerning changes in pay? What are me rights?
James's answer
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Answered on September 29, 2016
So long as the decrease in pay is prospective, and doesn't drop you below minimum wage ($10 per hour), it is legal. However, if you are paid by...
Archived
Is it legal for my employer to make it mandatory to do social postings on my personal cell phone?
James's answer
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Answered on September 29, 2016
Can it be required? Probably. But your employer is required by Labor Code section 2802 to reimburse you for all business expenses. So, since you...
Archived
Can we file a class action suite? Do we have a case
James's answer
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Answered on September 29, 2016
It doesn't sound like you are looking to file a class action, and the causes of action for defamation and loss of income (the result of the breach...
Archived
Is this case suitable for a class action, or should I go to small claims court?
James's answer
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Answered on September 29, 2016
As my colleague said, you may have something here. After all, what you are describing is a failure on an institutional level (no info shared...