Erica Lynn Rosasco's Answers (106)

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Am part time am working more than 40 hours a week am I suppose to get paid overtime for all the hours I work over the 40 hours.

Erica's answer | Answered on September 24, 2015

In California, you are entitled to overtime pay after 8 hours of work no matter how you are classified. If you are not being paid overtime, you...

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Company withholding 1099 contractor check

Erica's answer | Answered on September 24, 2015

You should seek an immediate consultation with an experienced employment attorney. Chances are you were not properly classified as an independent...

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It's. Been 4 months.can i sue?

Erica's answer | Answered on September 23, 2015

You will need to consult with an attorney to determine if your case is actionable. You have a limited time to file a compliant.

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Can an employer deny restroom breaks during 5 hour shift?

Erica's answer | Answered on September 23, 2015

The short answer is yes. From your description there are probably other wage and hour violations going on and I recommend you consult with an...

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My employer doesn't always have my pay check ready on time/day.

Erica's answer | Answered on September 22, 2015

Your best remedy may be to file a compliant with the labor commissioner. If your employer retaliates for your compliant, you may have a legal case...

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How many hours does an employer have to pay for an employee reporting to work? 2 hours or half of their shift?

Erica's answer | Answered on September 22, 2015

I agree with Mr. Kirschbaum. Take a look at the wage order that applies to you to determine the minimum reporting time pay.

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Employer is allowing bullying after whistle blowing. Now employer has turned on me. It is retaliation for my speaking up.

Erica's answer | Answered on September 22, 2015

You cannot be retaliated against for complaining about your wages, hours or working conditions. You should seek legal help to determine if you...

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Am I violating the Non-solicitation agreement with a former employer?

Erica's answer | Answered on September 22, 2015

You should seek legal counsel to determine if the non compete agreement is enforceable in your case, and, if so, what you can and cannot do. Each...

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Is this considered unfair treatment in the workplace?

Erica's answer | Answered on September 22, 2015

This is probably best dealt with by a complaint to the labor commissioner. Complaints are easy to file and can be done online.

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What legal options do I have?

Erica's answer | Answered on September 22, 2015

You should seek immediate legal advice from a lawyer experienced in Employment Law. Your employer cannot retaliate against you for exercising your...

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