What can i do my boss is refusing to allow me to take a sick day?: My boss keeps refusing to allow me to take a sick day i have 3 days a year and i haven't used them yet. I informed him that its to take care of my sick sister but he saying its not a valid reason the Same reason he gave me 3 years ago when my grandmother had a stroke and i was sitting in the ER. I can't stand this anymore i keep biting my tongue can anyone help
Tamim’s answer: I agree with the analysis provided by my colleagues. I would, however, suggest the following: While California Labor Code section 246 makes it incumbent upon your employer to provide you with paid sick leave, the statute you should reference, with an eye towards amicable resolution, is subdivision (c) of California Labor Code section 233. If that doesn’t resolve your issue, you should seek the counsel of an attorney.
What is the legality of having to take a lunch but not given opportunity to do so and not paid OT it when preforming other work?: My primary job is to offload propane rail cars. During the heart of our season I am usually alone. I’m still required to punch out for lunch but my job requires me to be in attendance as rail cars are offloaded. Also I drive commercial trucks from time to time and my employer switches my pay for that activity. During that time I do not receive overtime which, depending on the hours, ends up being less pay than if I was preforming my usual job for the same amount of hours. I am I being taken advantage of in either situation?
Tamim’s answer: Based on what you say, your employer is likely violating numerous labor laws. To keep it simple, I would suggest you seek the consultation of an employment attorney because you are likely owed unpaid wages. Many employment attorneys provide free telephonic and/or in person consultations for this type of work. Alternatively, you could always file a wage and hour claim with the Department of Labor (https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm). Good luck.
Can I fight for any compensation in my situation?:
I was an independent contractor at a product/furniture company and I was informed they would no longer need my services after coming back from a vacation. To pour salt on the wound my dad got a recent cancer diagnosis and my b-day is coming up. Fun times, eh?
My payment structure and work demand more closely resembled an employee with schedule requirements and base pay. There was no written contract so I don't think this goes in my favor.
There was a lot of work I did and orders placed while I was away for two weeks so I'm just curious if I'm entitled to any residual payment because they effectively informed me April 13th, halfway through the month.
Tamim’s answer: Whether you are an employee or an independent contractor comes down to the degree of control the company has over you. To make this determination requires a fact intensive analysis. As such, I suggest you consult with an employment attorney. Good luck and stay positive.