I got lay-off and still haven’t gotten my final check after a month. Should I ask for the late penalty myself or get an lawyer?

Calif. law requires the employer to pay the final paycheck to the employee upon termination by the employer. Your final check including any...

Unless you have a written contract stating that the employer agrees to hire you for a set period of time, you are an at-will employee and can quit...

What is considered employment?

Yes. Employment does not have to be for a set time period or permanent. If you control the work of the worker who is working for pay, that is...

Can i sue my previous employer for the supervisor doing harrassment and bullying and lying

Harassment in the workplace is only unlawful IF it is based on the employee's race, gender, religion, pregnancy, disability, serious medical...

When should I file a complaint with the labor commissioner?

Call an employment law attorney. Many of us offer a free phone consultation and take unpaid wage cases, etc. at no cost to the employee. ...

Yes, if you did not earn at least double minimum wage AND your duties do not fit into one of the 4 exemptions: professional, executive,...

Do I have a case if I was employed and was in the hospital for a month and when I came back I was laid off the 2nd day

It is unlawful to terminate an employee's employment BECAUSE of a serious medical condition or related leave. The fact that they are offering...

If an employee quit on Sunday at 1:03pm, Monday was Labor Day and everyone was off, does it count in the 72 hours?

If the employee quit with no notice, the employer has 72 hours to provide the final paycheck. The 72 hours begins when notice is given, not when...

Can my employer change my exempt status to non-exempt?

If you were truly nonexempt (paid less than double minimum wage AND your duties don't fit into one of the 4 exemptions: executive, professional,...

Can an independent contractor ask for overtime wages and breaks/meal wages?

If the worker was misclassified as an independent contractor, but was actually an employee pursuant to the law, a lawsuit could get costly for you...