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Neil Pedersen

Neil Pedersen’s Answers

12,068 total


  • Do I get paid during my split shift

    I currently coach bootcamps at a gym from 5:15 AM-8:15 AM and I get paid $20 an hour. I currently make $60 per shift. The classes are from 5:30-6:00, 6:15-6:45, 7:00-7:30, 7:45-8:15. The gym is going to change this schedule by eliminating the 7:00...

    Neil’s Answer

    A split shift premium is only available to minimum wage earners. You will not qualify for a split shift premium.

    Good luck to you.

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  • In California, can an employee be excused by a Doctor to only work 8 hours per day and No overtime?

    An employee was recently hired and was explained scheduling and hours worked -usually 10 up to 14 hour shifts at times. Employee agrees to the schedule. Starts work and a few days after comes in with a Doctors note stating " employee has been unde...

    Neil’s Answer

    Yes an employee may seek an accommodation limiting the number of hour worked in a day. No, neither the employee nor the doctor can be compelled to tell you why.

    The California Fair Employment and Housing Act and the federal Americans with Disabilities Act protect employees who have a disability. The employee must inform the employer of any restrictions on their ability to perform the essential functions of the job. This is often done with a doctor's note. The note can only inform the employer that there are restrictions, what those restrictions are, and any accommodations that could be provided that would allow the employee to continue to perform the essential functions of their job. It would be unlawful for the employer to try to probe to get more information. You are not entitled to know about the underlying condition - the diagnosis, prognosis and symptoms being experienced.

    The note you received is not unusual. I have seen several very similar doctor's notes limiting the employee's work day to no overtime. Also, in this day and age, an electronically signed doctor's note is not unusual. If you have a sincere distrust in the note, ask the employee to have the doctor send it directly to you by email or fax. However be careful. If you say anything to the employee that suggests you think they are lying about their condition and it turns out to be they are not, your comments could well be evidence in a later disability discrimination claim.

    When you get such a note, your legal duty is to engage in a timely good faith interactive process with the employee to determine if the employer can reasonably accommodate the restrictions. If the employer can reasonably accommodate the restriction, it must do so. You do not have to accommodate the restriction if doing so would constitute an undue hardship. However be careful. Undue hardship is not mere hardship or mere inconvenience. It is not even spending more money.

    You would be prudent to seek out the advice of an experienced employment law attorney to assist you with this process. I mistake can cost you tens if not hundreds of thousands of dollars in attorney fees, costs, damages and lost productivity.

    Good luck to you.

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  • Am I still entitled to waiting penalties if my employer sent me my final paycheck 9 days late?

    On July 4th, I submitted a written letter of resignation to my manager, & assistant manager. It clearly stated that my last day with the company would be the 18th of July, (2 weeks notice). I ended up having to call in sick my last 2 days of work,...

    Neil’s Answer

    Waiting time penalties are only awarded where there is a willful failure to timely provide the pay check. Mistakes will generally not be considered willful. Some of the delay will likely not be considered willful. However you might have a claim for some waiting time penalties associated with the delay caused before the mistake about mailing to the wrong address.

    Good luck to you.

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  • Is the LiveScan results limited in the information it reports depending on the job/industry type?

    I work for a bank and have over the past several years. I have been wanting to seek other banking (FDIC insured) opportunities, but have been held back mentally because of 2 former DUI convictions I just didn't want to relive in a job interview. T...

    Neil’s Answer

    California Labor Code section 432.7 provides in relevant part that: "No employer…shall ask an applicant for employment to disclose…information concerning an arrest or detention that did not result in conviction…nor shall any employer seek from any source whatsoever, or utilize, as a factor in determining any condition of employment including hiring, promotion, termination…any record of arrest or detention that did not result in conviction, or any record regarding a referral to, and participation in, any pretrial or post-trial diversion program…”

    It would be a violation of this law for an interviewer to ask you to re-live those dismissed convictions or to use them against you in the hiring process.

    Good luck to you.

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  • Can an employer speak Hebrew to a group of people if the entire office doesn't understand?

    My employer after many requests to stop keeps talking to a group of people in the office in their language, Hebrew. It is a very uncomfortable practice done on a day to day basis for employees that do not speak the language. The owner and other...

    Neil’s Answer

    Sure. The principals of your employer can speak in any language they wish to speak in when speaking to one another.

    Good luck to you.

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  • I am working in california. My current wages is not upto the current minimum wages mentioned in FLCdatacenter

    I am working in california. My I-797A was filed on october 2015 and my minimum wage was fixed as per that 2015 market level. And my Visa is now valid upto March 2018. 1. As per the latest FLC datacenter report release in July 2016, the minimum ...

    Neil’s Answer

    This is an immigration question. I have changed the category. Good luck to you.

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  • Do I have legal standing to obtain information from a temp agency?

    I was employed by PrideStaff employment agency in April of 2016. I was sent by the agency on one interview. Immediately following that interview, PrideStaff deleted my employment profile and would no longer have any dealings with me. I discovered ...

    Neil’s Answer

    Absent filing a lawsuit which would give you far greater rights of discovery from this former employer, your only right is to request a copy of your employee files under Labor Code sections 1198.5, 432 and 226(b). Take a look at this webpage for a more thorough explanation of your rights under these code sections: http://www.dir.ca.gov/dlse/FAQ_RightToInspectPersonnelFiles.htm.

    Good luck to you.

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  • I posted my question before, but do not have enough information. Can I sue my Ex-boyfriend for intentionally causing my pain?

    I and my ex-boyfriend met in campus, since last year August, he left campus, he promised after he find job we can meet and let his parents accept us. until the end of April ,2016 he still cheated me let me wait him find job . due in 8 month, he ch...

    Neil’s Answer

    You have posted this same question three times in the employment and labor practice area.

    Good luck to you

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  • Fighting to get my 30-Day Sub Permit back after a bogus firing.

    I have been a substitute in Burbank Unified for 14 years and Glendale for four years, working up to 40 hours a week. I took an assignment when I underestimated the impact of my jet lag, started feeling ill and fell asleep at work. That said, there...

    Neil’s Answer

    You need a consultation with an attorney who has specialized knowledge of public education employment law. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

    Good luck to you.

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