Archived
Is it a California Law the you must pay your employees a min of 2 hours for a shift if they were scheduled for less?
Arkady's answer
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Answered on October 05, 2013
Like Mr. Kirchbaum suggestions, under "reporting time regulations" you must pay for half the time that the employee was scheduled to work, if he is...
Archived
Can/may an unrepresented IW [Injured Worker in CA] correspond directly with the carrier's [defense] attorney?
Arkady's answer
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Answered on October 01, 2013
Yes, you absolutely can communicate with anyone on the opposing side of your case, including the opposing attorney and the claim representative for...
Archived
I was removed from a project after FMLA leave. i have full clearance. do i have a discrimination or retaliation case?
Arkady's answer
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Answered on October 01, 2013
It sounds like you may have a potential FMLA violation claim but more facts are needed to determine this, including # of employees at the company...
Archived
After the conference, my ex-employer wants to settle for more than owed me including all penalties regarding my overtime claim.
Arkady's answer
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Answered on September 29, 2013
The main reason they are probably doing this is because they want the matter to be closed and to put an end to the case and any associated nuisance...
Archived
I wnt out on FMLW 6/18/13 my wife had cancer, she passed on 8/5/13, i went on med disability, my emp was notifid and fired me
Arkady's answer
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Answered on September 26, 2013
It sounds like you might have a legitimate claim for FMLA retaliation and wrongful termination, but more facts are necessary to determine this. You...
Archived
I am on a Leave of Absence which runs concurrent with our FMLA. I broke my foot and the company says that I cannot go on contd
Arkady's answer
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Answered on September 21, 2013
The employer is most likely incorrect. Besides FMLA/LOA, you might be also entitled to additional leave as a reasonable accommodation to your...
Archived
Is an hourly employee entitled to overtime pay for working more than 8 hrs/day or more than 40hrs/week?
Arkady's answer
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Answered on September 20, 2013
Yes. Even if an employee works just one day a week, any work in excess of 8 hours a day should be compensated at overtime rates.
Thanks,...
Archived
I was fired while on disability, is this legal? Can I file for a lawsuit due to wrongful termination?
Arkady's answer
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Answered on September 20, 2013
Hello.
A few critical facts are missing from your recount of events:
Are you on medical leave now? If so, did you have a specific,...
Can I sue for wrongful termination, even if I am going threw the union grievance process?
Arkady's answer
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Answered on September 19, 2013
Hello.
It sounds like there is significant evidence of disability discrimination and retaliation for exercising your disability rights under...
Archived
Is it legal for my former manager to tell her employees that they are not allowed to give me a good reference?
Arkady's answer
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Answered on August 31, 2013
As other attorneys pointed out, there is nothing illegal about refusing to provide positive references. The reason many employers are willing to...