NYKEYA Kilby worked eight months as a customer service representative for CVS Pharmacy, Inc. (CVS). During the interview and training process, CVS told Kilby it expected her to stand while she did her duties. Kilby’s duties included operating a cash register, organizing and stocking shelves, cleaning the register, vacuuming, and gathering shopping baskets. CVS did…

Q: TWO weeks ago I was fired from work. My employer told me my last paycheck will be mailed to me by next payday. I have not received it yet. When I called the company to ask where my check is, I was told it was on the way. I waited again but still no…

Supreme Court upholds pay for employees’ work despite lack of records IN some industries, employees perform work-related activities  before they clock in. Some do it after they clock out. These are called preliminary and postliminary work. It is important to know because time spent for these activities, although not recorded, should be paid to employees.  However,…

MELISSA Fong and other hair stylists worked for Regis Corporation, which operates several hair salons all over California. During their employment, the stylists were paid on a “commission” or piece-rate basis for performing hair styling services. According to the employer’s policy, stylists were paid 50% of the sales price of each styling service performed on…

(Part 2) S. YUSUF is an Indonesian native who was brought to work as a housekeeper for Tija and Tija’s wife, Choi, in the United States. The Tijas promised to pay Yusuf $500 per month, plus expenses and meals. Yusuf gave her passport to the Tijas, who did not return her passport but kept it…

Q. MY employer brought me to America to work as live-in nanny for their youngest child. I would be paid $1,000 per month with weekends off.  When we arrived in Los Angeles, my employer took my passport. At their home, I work 7 days a week, 14 to 16 hours per day. I take care…

(Nurse fired for reporting safety issues awarded $1 million verdict) Q: I WORK in a company where a supervisor bullies employees into working long hours without extra pay, threatening to fire them if they refuse. I complained about this to HR. Last week, one manager told me in secret that there will be lay-offs in the…

ZELMA Brawner worked for Bank of America (BOA) for about 28 years, occupying the positions of “Dedicated Service Director” later renamed “Treasury Services Consultant,” and “Treasury Services Senior Advisor” for the last 13 years of her tenure.  Brawner claimed that throughout her work as a “director,” “consultant” and “advisor,” her employer classified her and about…

MICHAEL Landri worked as a bartender for the Marriott Del Mar Hotel in San Diego. In December 2009, the hotel held its annual holiday party for its employees. Marriott managers provided each party attendee with two alcoholic drink tickets. Landri did not work but he attended the party later that night. Before coming to the…

THE use of unreasonable or excessive force by police are in the news now more than ever.  Many thought after the Rodney King incident, this issue will never arise again. But several recent police encounters have become high profile because of the tragic endings to civilians – some became permanently injured, others lost their lives….

LYFT, the “ride-sharing business” and Uber competitor, has settled a class action lawsuit by its drivers for over $12 million. Lyft drivers had accused the company of misclassifying its drivers as independent contractors (ICs), when they should have been classified as employees. It is important for workers to be correctly classified as employees and not…

A SEPARATION package or a severance agreement is a contract between an employer and an employee who is about to leave the employer’s employment.  In a typical severance agreement, the employer agrees to give the employee additional compensation (the severance pay) in exchange for the outgoing employee’s agreement not to sue the employer for any…

Q: I AM a live-in employee at a residential care facility. I work six days a week and have one day off. I sleep in a room inside the facility together with another employee. I don’t eat breakfast but eat my lunch and dinner in the facility’s kitchen. I am paid a flat rate of…

Q. WHAT is the new minimum wage? A. Effective January 1, 2016, the minimum wage in California will be $10.00 per hour. Most employees in California are entitled to be paid at least the minimum wage. This new rate also affects overtime pay. Employees who are paid minimum wage and work overtime must be paid…

THE year 2015 has been an interesting time for employment law, with the legislature and the courts defining additional protections to employees. The following are some of the new laws that may interest our readers: Employers Must Now Provide Paid Sick Leave to Employees On or after July 1, 2015, most employees working in California…

SARAH Wellens works as a sales representative for Daiichi Sankyo, a Japan-based  pharmaceutical company with about 3,000 employees in the United States. The company hired Ms. Wellens, an experienced sales rep, in September 2009.  Upon her hiring, she was assigned to a lower level position and lower compensation tier than similar male employees. Over time,…

Q: EVERY pay period, I receive a check from my employer for my wages. Recently, there is news at work that our company will be requiring employees to receive our wages through a payroll debit card. Is this a legal way to be paid our wages? A: Generally, employers are allowed to fulfill their wage…

THIS column has often stressed the general rule that most employees should be paid overtime rate if they work more than 8 hours per day or 40 hours per week.   However, there may be exceptions in the case of some who work in certain industries.  It is in this instance that the employers’ classification…

IN February 2011, Michael Rodman signed up on Safeway.com to buy his groceries online and have them delivered to his home for an additional delivery fee and fuel surcharge. After reading Safeway’s online FAQs and terms and conditions, Rodman believed that prices on items he selected online would be coming from a specific brick-and-mortar close…

RAYMOND Adame was a machine mechanic for Alcoa Fastening Systems and has worked there for more than 30 years. He was seriously injured at work and had to take a medical leave of absence for about 2.5 years. When he was cleared to go back to work, he had lifting restrictions due to the injury…

It is common for field workers like service technicians to drive company vehicles to the customer’s home or place of business to service or install a product. Generally, an employee’s commuting time between home and work is not considered hours worked. Travel time between an employee’s home and the changing worksites (where an employee may…

Q: I RECENTLY heard from a friend who sued her employer for unpaid wages. However, the court threw out her case and she had to go to “arbitration.” She said she lost because the arbitrator was biased and she could not appeal. My company is now asking me to sign an “arbitration agreement.” What should…

Q: I HAD to take a few weeks of medical leave from work because I had to undergo a heart procedure.  I gave my employer my doctors’ notes. When I was released to go back to work, my employer told me that my position was no longer available. Since I work for a fairly large…

Q: I WORK as an on-call employee for a healthcare facility. My employer often calls me to report for duty but when I arrive to work, my assignment is cancelled and I am sent home. This has happened several times and I was not paid for a single canceled work even though they scheduled it…

ON June 30, 2015, the California Governor signed into law designating October 25 every year from hereon as Larry Itliong Day. Who is Larry Itliong and why does he matter? NPR says, “Cesar Chavez inspired the world. Larry Itliong inspired Cesar Chavez.” Cesar Chavez, the labor rights activist to whom Cesar Chavez Day is dedicated,…

IT is illegal to harass a worker because of that person’s race or sex. Racial harassment may be verbal or physical conduct targeting the worker’s race, skin color, or national origin. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or offensive remarks about a person’s sex. Both types of harassment are illegal, particularly…

Q: I AM a single mom and I have worked for this company for several years. Recently, while talking with another newly hired male co-worker whose responsibilities are similar to mine, I discovered he was making as much as 50 cents more per hour than I am. I asked my branch manager why the difference…

Granting medical leave may not be enough LAURALYN Swanson is a highly accomplished elementary school teacher with over 30 years’ experience teaching kindergarten through sixth grade. She has a master’s degree in curriculum and instruction, and holds several teaching credentials and certifications. In August 2006, the Morongo Unified School District (School District) hired Swanson as…

Q: AS a mobile technician, I travel to patients to obtain laboratory specimens. I drive the company vehicle, which I garage at my home, to do my job. I cannot use the vehicle to run personal errands while working. I cannot even use it to drop off my child at school. My employer pays me…

Q: I TRAVEL several times a month as part of my job duties using my own car. I also make several business-related calls on my personal cell phone. My work duties sometimes require me to stay out of town overnight and I incur further expenses. My employer pays me a fixed amount of money, included…