Because you were not employed by the employer for at least one year, you did not qualify for protected (can't be fired because of it) leave under...

Can I collect late wage penalties?

The key facts will need to be analyzed to determine if you were working as an independent contractor or employee pursuant to the law. If you were...

When working in California as a non-exempt employee do you get over time on both hours worked over 8hrs and over 40hrs per week?

Nonexempt employees are to be paid overtime for hours worked over 8 in a workday or over 40 in a workweek (don't count meal period. You will need...

Employees want to trade their scheduled days but will end up working 6 days 1st wk and 4 days the 2nd week, must i pay overtm?

When any nonexempt employee works over 8 hours in a workday or over 40 in a workweek (don't count meal period), you must pay them overtime. "Can...

Currently on short term disability, HR is stating I must return to my position or face losing my position, is this possible?

Since you have exhausted your FMLA protected leave, the employer must still make a "reasonable "effort to "reasonably accommodate" your...

What do I do if my employer doesn't give me a lunch break ?

If you are a nonexempt employee, your employer must provide you with the "opportunity" to take at least one duty free unpaid meal period of 30...

Can I be asked not to speak to anyone from a previous employer indefinitely?

An employer is required to provide the employee's final paycheck at the time of termination. If not, and they "willfully" withheld it, you can get...

Can we terminate for performance/attendance while employee out on STD? (CA)

Consult with an employment law attorney to make sure you handle things properly so that you don't get sued for disability discrimination, etc. ...

What is the process in filing a sexual harassment complaint?

Sexual harassment in the workplace is unlawful if it is either "severe or pervasive" as the law requires for a lawsuit. Hopefully, hour daughter...

Can an exempt employee in CA be required to work unlimited hours and days simply because they are exempt?

If you are truly exempt, then your employer is not violating the law. To be exempt, you must earn at least double minimum wage AND your duties...