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If I cash my final paycheck while I am actively disputing the amount I am owed do I forfeit my rights to my actual amount due?
James's answer
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Answered on December 14, 2015
Generally speaking, cashing the check should not effect your case in the slightest. That is the amount they concede they owe you. Per Cal. Labor...
Archived
Can an employer go back and forward from salary to hourly? What can I Do?
James's answer
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Answered on December 14, 2015
First, I would guess that if we were to look at your job duties, you would not qualify as an exempt or salaried employee. But even if you were, the...
I work from 11-9:30 pm (10.5 hrs) 5 days a week. My employer gives me $10 an hour. Should I be paid OT? How should I tell her?
James's answer
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Answered on December 11, 2015
Yes. At $10 per hour, you are almost certainly eligible for overtime. In California, overtime is defined as working in excess of 8 hours in a day,...
Archived
Should the rate of pay for the paid leave be calculated on the hourly rate only or an average of the hourly rate plus commission
James's answer
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Answered on December 11, 2015
This is kind of a fascinating question, legally speaking. Labor Code §245.5 states that sick leave is to be provided, at a rate which the employee...
Archived
What recourse do I have with an employer who misclassified me as 1099 instead of a full time employee?
James's answer
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Answered on December 11, 2015
Misclassification as an independent contractor is not an uncommon type of suit in the wage & hour field. In fact, Uber and Lyft are both being sued...
Archived
How can we deal with this problem?
James's answer
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Answered on December 11, 2015
Your question was somewhat unclear, but if I understand you correctly, you've worked for Subway for two months, and have only received two...
Archived
Can companies send financial promotional to a minor? What can I do to stop them and protect his information ?
James's answer
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Answered on December 10, 2015
That's an interesting question. Generally speaking, contracts signed by minors are voidable, so offering money to a minor (who may be able to get...
Archived
Just need to know if I can leave this lawyer and find another one ASAP that's going to give me answers and will update me.
James's answer
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Answered on December 10, 2015
This is a common issue between lawyers and clients. Lawyers, especially on the Plaintiff's side, will have a large number of cases in varying...
Archived
If he can prove that other employees who were not terminated despite having the exact roll-away incident he had...can he sue?
James's answer
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Answered on December 09, 2015
Generally speaking, no. California does not have a cause of action for wrongful termination. There might be an issue of age discrimination, but...
Archived
Can I sue for false advertisement?
James's answer
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Answered on December 09, 2015
California has two statutes that would apply here: the Consumer Legal Remedies Act, Civil Code sections 1750, et seq., and the False Advertising...