Archived
Will the new overtime law for salaried employees that takes effect in December apply to me if I own 1.5% of the company?
Michael's answer
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Answered on September 13, 2016
Your small ownership interest in the company does not make you an exempt employee. To be properly classified as exempt, you must meet the executive...
Archived
Can my employer require me to work 10-12 a day with a two additional days a month?
Michael's answer
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Answered on September 13, 2016
Your employer is perfectly entitled to change employee work weeks to Sunday through Thursday or Tuesday through Saturday. Your employer may also...
Archived
Is it legal for a California company to tell one employee that they can’t do the same thing they allow all other employees to do
Michael's answer
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Answered on September 10, 2016
Your post presents a couple of issues. An employer can treat employees differently unless it is due to their protected status (age, sex, sexual...
Archived
Can my employer withhold commissions because my customer paid invoices over 90 days old?
Michael's answer
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Answered on September 10, 2016
In general, commissions are like wages, and once earned, cannot be forfeited. However, the operative word here is "earned." Many commission...
Archived
What is the law concerning mandatory overtime and when does time and a half and double-time pay come into play?
Michael's answer
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Answered on September 10, 2016
If you work more than eight hours in a single day you should be paid overtime (one and a half times your normal hourly rate). Hours worked in...
Archived
If employed at a gym as an "independent contractor," what is the limit on the amount/type of work that can be required?
Michael's answer
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Answered on September 09, 2016
You are most likely miss classified as an independent contractor and I are in fact an employee of the gym. That would entitle you to at least...
Archived
As a 1099 employee, do I have the right to documents that I sign for my employer?
Michael's answer
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Answered on September 09, 2016
I agree with Mr. Pederson. The IRS is not going to help you in this situation. You need to talk to an employment attorney to discuss your...
Archived
What is CA labor law regarding employees scheduled hours?
Michael's answer
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Answered on September 09, 2016
Generally speaking, an employer can set and change your work schedule as they see fit. There are two significant exceptions. The first is if you...
Archived
An employee resigned then said he was terminated then emailed he resigned.
Did he resign or was he terminated?
Michael's answer
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Answered on September 09, 2016
He quit. That was confirmed by the company in writing, and the employee then subsequently also confirmed that he quit in writing.
Since this...
Archived
Must a non-exempt employee take a meal break (30 minutes unpaid provided) if desire to work 8 hours and go home?
Michael's answer
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Answered on September 09, 2016
The legislature in its wisdom has decided that people like you shouldn't have the option of agreeing to work straight through the day on an eight...