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My kid is sick and they want a doctor's note. The child's mother said she took her, but even so, I don't feel they should be asking for that. My direct boss seems to have e it out for me, claiming HR is requesting. He keeps saying emergencies have...
Employers who offer sick or vacation time in California, must follow state labor laws. The laws spell out when and why you can use any sick time you have, but don't regulate when or if you need to bring in a doctor's note. Rules will vary by employers, so you need to know your company policies about bringing in a doctor's note when you are out sick.
Aside from general sick days, requests for leaves of absence rank among the most frequently encountered challenges faced by the HR administrator. The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) - applicable to employers with 50 or more employees - contain overlapping and sometimes conflicting employee rights and employer obligations regarding California family leave.
The FMLA and CFRA both require covered employers to provide time off for personal illness, to attend to the illness of a family member and in connection with the birth or adoption of a child. Though this sounds simple, FMLA leave act and CFRA issues are among the most litigated of all employment law cases and can result in large liabilities. Federal and California family and medical leave laws provide eligible employees with the equivalent of up to 12 weeks per year for:
Bonding with a newborn, adopted child, or child placed for foster care
Caring for a family member with a serious health condition
The employee's own serious health condition
A qualifying exigency relating to a close family member's military service (FMLA only).
Nevertheless, it does not sound as if these Acts would be applicable from the facts as you described them.
My dad is 91 and I will be made the trustee soon. Myself and my two children are the only beneficiaries.
Typically, if you want to shield your estate from the costs of a nursing home, you must form and fund an irrevocable trust with your property. This involves naming someone else to act as trustee, and you can’t get change your mind and take your property back after you move it into the trust’s ownership. Your ownership of your property is severed so a nursing home can’t expect you to use these assets to pay for your care -- they’re not yours any longer. Moving your property into such a trust allows you to qualify for Medicaid. When you make the transfer of property, you effectively deplete your estate of disposable assets. However, this doesn’t have to leave you bereft -- the trust can provide you with income produced from the assets it holds. Seek out an Estate attorney--don't try this yourself.See question
My family believes that my sister (POA on my mother's trust) is using undue influence to control my mother's changes to her trust. My mother completed her latest trust just a month ago, now it has been changed again. These changes are completely ...
As long as your Mother is alive, you have a couple of choices that require proof in order to move forward: Bring an action for undue influence in Civil Court or seek a Conservatorship over your Mother.See question
Trust is in the name of the husband and property purchased prior to marriage.
The classification of property owned by a married couple can be important for determining taxes after death and dividing assets as part of divorce. In community property states, joint ownership is presumed on most property acquired during the marriage. This treatment covers revocable trusts created by the parties while married, as well as assets transferred into the trust during the marriage.
Therefore, if a spouse dies or a couple gets divorced, property owned during the marriage must be distributed. In nine states, ownership is determined according to community property laws, which requires an initial classification as either community or separate. Community property includes property acquired during the marriage, regardless of who owns title, but does not usually include specific gifts or inheritance. Both spouses have a one-half interest in their community property. All property that was acquired before the marriage or after a couple separates is known as the separate property of one spouse, who holds a 100 percent ownership interest in that property. Therefore, the above variables would require examination by an attorney to determine the actual status of the property despite trust being in husband's name alone, unless as you state, ALL property was acquired prior to marriage with NO contributions toward the assets by wife during the marriage.See question
Is this settled yet? I'm being paid $36,000 salary & treated like an hourly person. Login - out. Being docked 15/30 minutes etc . . Want to know if my salary should go to $47,476 OR be paid hourly? Thank you
Further information: On June 30th, the Wage and Hour Division of the Department of Labor used its rule making authority to propose changes to existing overtime regulations that President Obama announced would make “up to five million more people eligible for overtime.” The proposed rule would amend the existing regulations governing the white-collar exemptions under the Fair Labor Standards Act (FLSA) and raise the required salary threshold for exemption from overtime from $23,660 per year ($455 per week) to $50,440 per year ($970 per week) by next year. Going forward, the proposed rule would also tie the minimum salary threshold to the 40th percentile of earnings for full-time salaried workers, as reported by the Bureau of Labor Standards (BLS).
Accordingly, if the proposed rule is finalized, the minimum salary threshold for exempt workers would be
adjusted upward annually based on the BLS data. This is the first time the minimum salary threshold has
been tied to an adjustable measure.
This is only a proposal, which is subject to review and comment from the general public. Until the rule
is finalized, the law remains unchanged and the previous salary thresholds remain in effect. That said, it is
expected that the final rule will be very close to this proposal and prudent employers may want to take
this fact into account when evaluating annual increases and future strategies for employee compensation.
This relates to CA labor code 2870 which allows CA employees to own their intellectual property if it is developed on their own time, with no employee resources and not related to employer work or derivations of employer work. I have unlimited...
Typically. LC 2870 means that anything you invent using company time, equipment or resources belongs to the company. Anything you invent using trade secrets, or even as a result of something you learned during working hours also belongs to the company.
You may be eligible to have a side project or second job that generates income as long as it doesn't use company time, resources, equipment or anything you learned while working at the company.
We are a small business. I have two exempt full time salaried employees at 35 hours per week. To bring someone else on at an hourly wage, and remaining part time, do they need be be scheduled less than 35 hours to be considered non exempt? And as...
Part-time status is determined solely by the employer. Generally, most employers consider employees who work more than 32 hours per week to be full time employees. However, some employers consider all employees who work less than 40 hours a week to be part time.
California law does NOT require the payment of Holiday Pay or Vacation Pay. However, if your employer does offer either they must comply with various state laws.
Hours worked on holidays, Saturdays, and Sundays are treated like hours worked on any other day of the week. In California, there is no law that requires an employer pay an employee a special premium for work performed on a holiday, Saturday, or Sunday. California employers are merely required to pay the overtime premium required for work performed in excess of eight hours in a day or 40 hours in a week.
There is no California law that mandates a California employer to offer their employees either paid or unpaid vacation time. However, if an employer does have an established vacation policy, or provides an employee offer letter, or agreement, providing for a paid vacation, then California law does dictate how that employee may take or use the vacation time. California law treats earned vacation time as wages, and as such provides that vacation time is earned, or vests, as labor is performed. For example, if an employee is entitled to two weeks of vacation (10 work days) per year, after six months of work the employee will have earned five vacation days which cannot be forfeited, even upon termination of employment. Pursuant to California Labor Code Section 227.3, all earned and unused vacation must be paid to the employee on the employee's final day. Although earned vacation time cannot be forfeited, an employer can place a reasonable cap on the amount of vacation benefits that may accrue. See link below for additional help.
I am in the process of becoming the trustee for my dad's estate. He's 91. I have copies of the trust(s) but don't see a specific list of assets. His attorney may have that but if there are assets that need to be moved into the trust, what is the t...
Simply have the attorney, or after you become trustee you simply move assets (fund trust) into the trust instrument BEFORE your Father's passing. Make sure you also secure a "pour-over" will in addition to trust.See question
supervisor doesn't know how to treat employees
Generally, a hostile work environment constitutes unwelcome harassment (conduct) that is based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating or abusive (hostile). Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals in violation of these laws--both Federal under Title VII and CA under FEHA.See question
My mom and I are co-trustees of the family trust. Mom has dementia. She is still high functioning, although somewhat erratic in memory and cognitive skills. While being evaluated in order to move into a senior housing facility, her doctor noted th...
Typically, the trust will contain a provision whereby the trustee will no longer serve if he/she is "unable to do so." If you don't understand the trust, have it reviewed by a lawyer to ensure its proper implementation.See question