Archived
My girlfriend is undocumented and shes working as a caregiver and shes working under the table.is it possible to sue her agency?
John's answer
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Answered on June 19, 2017
Yes, her employer is violating numerous laws by paying her under the table. I also assume that she is working hours for which she does not get...
Archived
Can this be an unpaid internship?
John's answer
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Answered on September 07, 2016
From the information you provided, your hunch is correct. This is not a legal unpaid internship as a number of the DOL factors appear to be unmet....
Archived
Can you record a conversation of a co-worker who is badmouthing the entire company and in a top level position?
John's answer
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Answered on September 07, 2016
Yes, it is illegal. Penal Code section 632 prevents the recording of a private conversation unless both parties consent.
Do you get a 15 minute break if you only work 5 hours?
John's answer
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Answered on August 24, 2016
No. But you are entitled to a 10 minute break. So long as you work more than 3.5 hours in a day, you are entitled to a 10 minute paid rest break.
Archived
I work as a foreman for an irrigation crew, am I supposed to get overtime even though the workers dont?
John's answer
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Answered on August 03, 2016
It will depend on your job duties, but my guess is you and your crew are entitled to overtime -- if you work more than 10 hours per day. I am...
Archived
At will employment question
John's answer
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Answered on August 02, 2016
Good catch. There is no real reason for a probationary period given the at-will nature of your employment. However, read your offer letter...
Archived
Can an employer manually change clock in/clock out to decrease hours worked?
John's answer
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Answered on August 02, 2016
This is wage theft and it is illegal. Get an attorney and/or go to your nearest Labor Commissioner office for help.
Archived
CA Paid Sick Leave - What is the minimum Carryover?
John's answer
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Answered on June 29, 2016
California has an accrual cap that allows an employer to cap the amount of paid sick leave (PSL) at 48 hours. Thus, an employer cannot restrict...
Archived
Have an employee under temp disability (close to two years) wants to come back to work. Terminate her employment without issues?
John's answer
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Answered on June 20, 2016
If you terminate her, you run the risk she will bring a discrimination claim against you. However, with the upcoming hearing in the WC case, you...
Archived
How do I get paid from my employer for hours when I am commission based?
John's answer
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Answered on June 12, 2016
It depends. If you think your employer will actually pay you if you present the issues, then, by all means, talk to your employer first. If you...
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