Archived
How many hours does my employer have to pay me for a business trip that took me 46 hours to drive in my personal vehicle?
James's answer
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Answered on September 02, 2016
Travel time unfortunately isn't defined by statute or by a regulation, but there's a general rule of thumb found in the California Department of...
Archived
What happens if you dismiss a Superior Court Case and re-file in Small Claims?
James's answer
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Answered on September 01, 2016
If you dismiss without prejudice, the only red flag I can think of off-hand is the statute of limitations. The statute will run from the date of...
Archived
Am I required to disclose info. about a previous arrest (misdemeanor disturbing the peace) in 2007 to a prospective employer?
James's answer
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Answered on September 01, 2016
If you completed all probation, etc., in 2011, and the misdemeanor was dismissed, it shouldn't appear on your background check. If it does, contact...
Archived
Does my boyfriend have a case if he is a commercial driver that delivers sod but his employer pays him as if he is a farm worker
James's answer
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Answered on September 01, 2016
Your boyfriend may have a case. The IWC states that the working conditions of truck drivers (including truck drivers of agricultural products) are...
Archived
Can a apartment managers refuse to help tenants based on them not speaking english
James's answer
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Answered on August 30, 2016
Wow. . .that sounds like a pretty clear violation of the U.S. Fair Housing Act and the California Fair Housing and Employment Act (especially the...
Archived
Is it legal for an employer to require an hourly employee to work 4 hrs per day, 7 days a week without overtime pay (28hrs/wk)?
James's answer
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Answered on August 29, 2016
Per the wage order, you are supposed to be paid overtime on your seventh consecutive day of work in a workweek. IWC Wage Order 2001, Section...
Archived
Can my employer deduct credit card fees and outside contractor fees from my paycheck?
James's answer
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Answered on August 29, 2016
What your employer is doing may be legal, but its dancing on a fine line. Labor code section 212 states that your employer cannot deduct money from...
Archived
Can my employer fire me for posting a picture of another employees face showing their name and calling them an idiot?
James's answer
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Answered on August 29, 2016
Probably, though your employer may decide not to. As an at-will employee, your employer can fire you for any reason whatsoever, so long as it isn't...
Archived
How do you calculate a salaried employee's theoretical hourly rate when there was severance written into the contract?
James's answer
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Answered on August 29, 2016
Since severance pay is not required by law, the amount paid by the employer is really based on the contract itself. Does it require payment...
Archived
How is the federal minimum salary requirement for exempt status determined?
James's answer
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Answered on August 29, 2016
Generally speaking, the U.S. Department of Labor determines what amount of salary is necessary for an exemption under federal law. For state law,...