Is this non-competition clause in an equity appreciation rights agreement legal and enforceable in California?
Gary's answer
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Answered on October 13, 2014
You should be very careful and get detailed legal advice before you sign such an agreement. Generally, non-compete agreements are illegal in...
Archived
Am I entitled to assigned breaks under CA law?
Gary's answer
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Answered on October 12, 2014
As you work from home, it is unclear why you may not be taking rest breaks. You need 2 10 minute breaks for a 10 hour day. If you are not allowed...
Archived
Server's keeping 32- 40% (depeding on the staffing) of their tips in a tipping pool
Gary's answer
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Answered on October 12, 2014
Labor Code Section 351 provides that “every gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid,...
How are emails handled in relation to 1198.5?
Gary's answer
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Answered on October 10, 2014
You have a right to review your personnel file and obtain a copy of all documents in the file you signed. The emails you reference may or may not...
Archived
Does an employer owe premium pay for days worked before signing an on-duty meal break agreement?
Gary's answer
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Answered on October 09, 2014
Failure to provide meal breaks is actionable. You may have similar problems with rest breaks as well. Also, there may be a joint employer...
Archived
Resigned full time job due to contract job offer. Now new company is saying theydont have budge. Can you advice any legal steps?
Gary's answer
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Answered on October 09, 2014
Based on the information you have provided, you may have a claim for negligent misrepresentation and similar claims based on the offer (which I...
Archived
Employment Lawyer question
Gary's answer
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Answered on October 09, 2014
Your question is complicated and a thorough review of the facts is necessary before you can get the specific advice you need. You need to seek the...
I quit my job about a month ago at tgi fridays and wanted to know if they call mail it to me or give it to somebody that I know
Gary's answer
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Answered on October 07, 2014
I am not sure what you are asking. You may want to repost with a clearer question -- leave out all names. If you quit, your former employer...
Archived
Can California employers require new hires to sign an on-duty meal period agreement as a condition of employment?
Gary's answer
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Answered on October 07, 2014
On duty meal period agreements are supposed to be voluntary. If they are required for employment, then there is a good argument that they are not...
Archived
Is it fair / legal / ethical for the company I interviewed with called my current boss and told him I was planning on quitting?
Gary's answer
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Answered on October 07, 2014
A prospective employer may seek a reference from a current employer, though normally the prospective employer asks the interviewee first. However,...