Q. I USUALLY clock into work 30 minutes early or clock out 30 minutes late because we are required to do preliminary or clean up before and after our normal shift. My boss rounds off our hours to 8 hours. Am I entitled to be paid for the extra minutes I worked? A. Yes, you…
Q: I WAS diagnosed with a medical condition which requires me to miss some days of work. I had told my boss about my condition and I submit a doctor’s note every time I am absent. Recently, my boss told me that I was in violation of the company’s attendance policy, which may cause me…
ON November 22, 2009 at about 5am, Michael and Shannon Asam were travelling with their young children, Brennan (14 yrs old), Blaine (11) and Kylie (9) on their way to Oregon to visit relatives for Thanksgiving. Michael Asam was driving a GMC Yukon pulling a utility trailer containing motorcycles and gasoline. Michael Asam reportedly hit…
SHARON Warehime worked as a claims adjuster for Farmers Insurance for four years. In June 2006, at the age of 61, she was terminated after coming back from a medical leave of absence due to work-related stress. She sued Farmers for discrimination and retaliation. A Fresno jury awarded her $749,000 in damages. When Ms. Warehime…
Q: AS an onsite security guard, I am required to stay on the premises for 24 hours. My on-duty hours are from 6am to 6pm. I am off-duty and considered on “on-call” from 6pm until 6am the following day. I am given a sleeping area. I cannot leave the premises without permission. I am paid…
Q: I WORK as an assistant manager for a retail store. I am a salaried employee and exempt from overtime. Upper management requires me to multi-task and do the work of hourly employees such as stocking the shelves, data entry, and customer service – tasks which take up a lot of my time and force…
MORE employment laws were recently passed by California’s lawmakers. These include: New minimum wage laws to take effect in 2014 The new law raises the $8 an hour minimum wage to $9 an hour, effective July 1, 2014, and from $9 an hour to $10 an hour, effective Jan. 1, 2016. California’s minimum wage has…
THE struggle to help immigrant workers enforce their basic labor rights recently gained a major boost in California with the passage of new employment laws. Two laws are intended to help workers assert their rights by prohibiting retaliation, including threats of deportation. Another law makes it a crime for employers or their attorneys to use…
ON Sept. 26, 2013, Gov. Jerry Brown signed into law a bill that entitles personal attendants, which include caregivers and nannies working in private households, to overtime pay if they work more than 9 hours in a day. Personal attendants were previously exempt from overtime law. The Industrial Welfare Commission’s Wage Order 15 currently defines…
(Employer’s Verbal Disclosure of Employee’s Medical Condition May Be Illegal) MELISSA Ignat worked for Yum! Brands, the corporate parent of several fast-food franchises, such as Taco Bell, Pizza Hut, and KFC. Yum employed Melissa between 2005 and 2008 in the Yum Real Estate Title Department, in Irvine. Melissa suffered from bipolar disorder, for which she…
Q: I WORKED in a company for more than 10 years. A new supervisor was recently transferred to my department. This person and I do not get along. Last week, our human resources director informed me that the company was letting me go and gave me my last paycheck. I don’t have any disciplinary record…
OSFEL Andrade, an immigrant from Mexico, worked in the shipping department of Terra Universal, a laboratory equipment manufacturer in Fullerton, California when immigration agents conducted a worksite raid on June 29, 2010. During the raid, ICE agents arrested 43 workers and placed them in deportation proceedings. Andrade was not arrested that day, but instead of…
Q: I WORK at a service-oriented business here in California as an hourly employee. We are required to wear a uniform. We can only get the uniform from our employer and the employer deducts from our pay the cost of these uniforms. Is this deduction legal? How do I know that the deductions from my…
Finding other sources of payment for the seriously injured LINDA and David Kubert were riding on their motorcycle when eighteen-year-old Kyle Best, who was driving and texting, crossed the center-line of the road, and collided with them. The Kuberts each lost a leg as a result of the accident. They sued Best. They also sued…
DISCRIMINATION based on disability, race, sex, or other protected characteristics are prohibited by law. The law prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their protected characteristics. The law also prohibits retaliating against employees who report about discrimination. Retaliation is illegal and may subject the…
EMPLOYEES may experience unfair practices at work such as the non-payment of overtime or missed breaks, wrongful termination, unlawful deductions, discrimination, or sexual harassment. How can employees protect themselves against an unfair or abusive employer? The following strategies are suggested: Gather the necessary documents that support your claim. These documents include all pay stubs, time…
Q. I AM thinking of filing a wage claim against my former employer for unpaid overtime hours and breaks I was not provided. Some of my fellow employees, who suffered as I did, wanted to file with me but they are afraid. They think if they complain, they’ll be fired. I understand their fears and…
Q: I WORK as a nurse in a hospital on a 12-hour shift, three days a week. Because of the realities of patient care, we often find ourselves working an extra 30 minutes to an hour per shift finishing up paperwork. We are not paid for the extra time. There are times when I am…
Pay stub case settles for $8.25 million We have previously written about the issue of confusing pay stubs and the employees’ remedies should they have trouble figuring out what they’re paid based on their pay stubs. How serious is the law regarding pay stubs? In the case of McKenzie v. FedEx, FedEx was sued for…
“ An employer shall not require the employee to sign a release of the employee’s right to any wages that are due and earned by the employee, unless those wages have been paid. Some employers hold their employee’s final paycheck “hostage” until the employee signs a release or some type of termination form. This conduct…
ALL workers are protected by California’s laws regulating wages and working conditions. The protection applies undocumented workers who are entitled to the following rights: – The prevailing minimum wage (currently $8.00 per hour) – Overtime pay for working more than 8 hours per day or 40 hours per week – Meal breaks and rest breaks…
KNOWING your rights upon the end of an employment relationship may help you weather the transition of being in between jobs. The following provides some helpful guidelines: First: Make sure that the employment relationship has ended and there is no misunderstanding about this. Employment can end by resignation or lay-offs. An employee can also be…
The story of a Saudi Princess and her 5 maids THE Los Angeles Times, NBC, CNN and other major news outlets report that on July 10, a woman identified as a Saudi princess, was arrested on suspicion of human trafficking and keeping slaves in her home in Orange County. Meshael Alayban, 42, reported to be one…
CALIFORNIA law has special wage requirements for labor performed on state public works by private or non-government workers. “Public works” to include any construction or repair work performed under contract and paid out of public funds. Public entities that award contracts to private contractors have specific responsibilities designed to help ensure that employees who work…
CALIFORNIA law prohibits discrimination based on disability or medical condition. An employer may not terminate or discriminate against an employee in compensation or other conditions of employment based on the employee’s disability or medical condition. Arkady Kivman worked at Aeros Aeronautical Systems Corp. as a production technician. In 2007, he was injured and had surgery….
(Unpaid internships may be illegal) ERIC Glatt and Alexander Footman worked as unpaid production interns on the film Black Swan. In September 2011, they sued their employer, Fox Searchlight, to recover wages. An internship may be an essential part of an established course of an accredited school or of an institution approved by a public…
Q: I WORK as a kitchen staff in one of the busiest restaurants in Los Angeles. I often work 10-to 14-hour days but I am not paid overtime. Also, even though my supervisor says we are entitled to a 30-minute lunch break and 10-minute rest breaks, there is no one to relieve me from my…
WHILE visiting someone else’s home or place of business, a person may become seriously injured. Such injuries may have arisen as a result of wet floors, uneven steps or floors, falling objects, defective elevators, defective roadways and sidewalks, poorly lit staircases, inadequate security, dog bites, and other dangerous conditions on the premises. Building and home…
Q: I WORK as an hourly employee for a private business. There are days when I work more than 8 hours per day. However, instead of paying me overtime, my employer gives me comp time for the hours I worked. What are my rights regarding this employment practice? A:California law allows non-exempt employees to receive,…
BEDFORD Care Group, Inc., a company that operates six assisted living facilities in Fresno County, was recently cited by the labor agency, for violating California’s employment laws including unpaid minimum wage, unpaid overtime, meal and rest break violations, and failure to issue itemized wage statements. The employer was ordered to back-pay eleven residential caregivers a…
