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...
Archived
Misclassifies contractor, what compensation can be claimed?
Michael's answer
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Answered on September 09, 2016
You really need to discuss your situation in detail with an employment attorney. Depending on your circumstances, you may or may not be entitled...
Archived
Can I still sue a company for wrongful termination even if I only worked there for 4 months?
Michael's answer
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Answered on September 09, 2016
Yes, you can sue even though you were only employed for four months. If you were not paid overtime or for missed lunch breaks, then you can...
Can my boss make me work 7 days straight?
Michael's answer
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Answered on September 05, 2016
If you are properly classified as exempt, then your employer can ask you to work as many days in a row and for as many hours as they see fit. The...
Archived
Does my boyfriend have a case if he is a commercial driver that delivers sod but his employer pays him as if he is a farm worker
Michael's answer
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Answered on September 05, 2016
Your boyfriend definitely should not be paid as an agricultural farm worker. Unfortunately, MPORA for payment of drivers is fairly common with in...
Archived
Am I entitled to compensation for working shifts less than 8 hours apart? And equaling 16 hours total.
Michael's answer
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Answered on August 30, 2016
You should have been paid overtime on the occasions in which you were forced to work more than 8 hours in a "day." Although your employer can...
Archived
HI, Thank you for offering this service. A long time employee gave his resignation then claimed he was terminated.
Michael's answer
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Answered on August 30, 2016
I would like to add one very important thing to my colleagues' advice. The employee did not hire an attorney to get unemployment insurance. You...
Archived
I would like to make sure my understanding of a Non-solicitation clause is correct. It seems very restrictive for my consulting.
Michael's answer
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Answered on August 30, 2016
You have gotten some good advice from my colleagues, but this is a complex area. Take a look at my guide entitled "Think you don't have a written...
Archived
In California, can you bring a claim for hostile work environment and harassment if you are not part of a protected class?
Michael's answer
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Answered on August 28, 2016
Your proper potential claim is more likely one for retaliation as a whistleblower. However, to have a retaliation claim, you must suffer an adverse...
Archived
How can a state court case removed to fed court be remanded to state court
Michael's answer
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Answered on August 28, 2016
The only way to ensure that your case is remanded if it was improperly removed is to file a motion to remand, complying with federal rules of civil...