Q: I HAVE just entered the work force and I work in the service industry on 12-hour shifts. My supervisor says I am entitled to one 30-minute lunch break and two rest breaks of 10 minutes each. A co-worker said it should actually be two lunch breaks and three rest breaks because we work 12…

Q: I worked in a company for over 10 years. A new supervisor and I do not get along. Last week, the company let me go without any explanation. I don’t have any disciplinary record. Can the company just fire me without a good reason? A: Yes, an employer may fire an employee without a…

Q: I WAS severely injured in a recent car accident while returning to work on an errand. I had to undergo multiple surgeries. I missed several weeks of work and will need more time off for treatments. I am afraid to tell my employer about my need for more time off because I might be…

ABOUT two months before the start of the 2019 World Cup in France where it was scheduled to defend its title as World Cup Champions, the US Women Soccer Team sued its employer, the United States Soccer Federation, Inc.  (“Federation”), for equal pay. Back in 2019, this column wrote about how and why the lawsuit…

IN 2010, Facebook instituted an update to its site called “Open Graph,” which introduced Facebook users to a “Like” button that they could click to show to their networks their interests and activities anywhere in the internet. When users updated to Open Graph, this allowed Facebook to gather data about their online activities, including what sites…

DENISE Bertone worked as a coroner investigator for the Los Angeles County Department of Medical Examiner-Coroner (DMEC). For most of her 25-year tenure, she was the expert pediatric coroner investigator for most child deaths. In 2013, a disabled child was found nearly drowned in a washing machine and was comatose.  The child was taken to…

Q: I recently resigned from work because I was tired of being shorted on overtime pay, not being given breaks half the time, being made to work before and after my shift with no pay, and not being reimbursed for using my personal vehicle and cellphone for work. Unfortunately, before being hired, we had to…

Q: COVID continues to be problem for many and is hitting close to home with these new variants that are highly contagious (I know relatives and friends who are getting very sick!). I work for a company that gives 40 hours (5 days) of paid sick leave. If I ever need to take leave due…

WE previously wrote in this column about the case against Riot Games, Inc., a multi-billion dollar video game developer, with headquarters in Los Angeles, operating in 24 offices around the world and employing about 2,500 workers, 80% of them male. The facts of the case are as follows: Riot Games’ employees, Jessica Negron, Gina Cruz…

Sevag Chalian worked as a pharmacist for CVS Pharmacy Inc. Chalian and other pharmacists are required by CVS to complete “mandatory training modules.” The employees were instructed to complete their training modules at home and CVS provided them remote access. The California Board of Pharmacy did not require these training for licensing purposes. Only CVS…

Minimum Wage Increases Effective Jan. 1, 2022, the California state minimum wage will increase to $15 per hour for employers with 26 or more employees. For employers with 25 or fewer employees, the minimum wage will increase to $14 per hour. Some local cities and counties may have higher minimum wage requirements. For exempt employees,…

Q: I will be working on Christmas and New Year days. Am I entitled to holiday pay? A: Hours worked on holidays are treated like hours worked on any other day of the week. The law does not require payment of overtime or other special premiums for work during holidays, unless such work goes beyond…

PAMELA Ruben-Knudsen and Marnine Casillas were employed as Client Service Managers by Arthur J. Gallagher and Co., a brokerage firm. Client service managers are salaried and considered exempt from overtime. However, their primary task is to coordinate between producers, clients and insurers to process insurance applications and renewals. Pamela and Marnine do not manage or…

IN 2016, Robert Fernandez, then 70 years old and disabled due to diabetes, was hired by Puente Hills Chrysler Dodge Jeep Ram. Even though he had trouble walking and standing for long periods, his employer accommodated his disability. He excelled at his job and was a top producing assistant sales manager. In August 2018, the…

Teresa Brooke was hired by Aurora Santa Rosa Hospital as its Chief Nursing Officer in May 2016. The hospital provides in-patient care, partial hospitalization, and outpatient mental health care for patients ranging from teenagers to adults. Teresa has 30 years of experience in the field of nursing and hospital management. During her short tenure as…

Q: I WORKED at a company for more than 20 years. I was injured at work several months ago and I was forced to take a leave of absence so I can have surgery and recover. When my leave ended, I called my employer so I could return to work. My supervisor told me my…

Is employee’s travel an abuse of medical leave? Q: I HAD surgery and my employer approved the doctor-prescribed 6 weeks of medical leave. While on leave, I travelled to the Philippines to stay with family members who could assist me while I recovered. When I came back to the U.S. I received several messages from…

AFROUZ Nikmanesh worked as a pharmacist for Walmart for more than 10 years. During her time as a Walmart pharmacist, Dr. Nikmanesh reported several noncompliance issues to management. These  included Medicare patients being charged above reimbursement rates, Walmart failing to provide beneficiaries with  Medicare discounts, and failing to report the dispensing of opioids and other…

QUICHANG Zhu (72 years old) and her grandson, Jian Hao Kuang (6 years old), were using a crosswalk to cross a street in Sacramento, CA. The intersection has no traffic lights and the crosswalk was poorly marked. Because the intersection is near a school, the street is busy. As the grandmother and her grandson were…

Q: I HAVE a heart condition that has become worse recently. I need to see my doctor periodically or when I feel dizzy or short of breath. This means I need to request a half-day off every now and then to see my doctor. I am afraid to tell my boss because I may get…

Albert and Stephanie Garcia, a married couple, were hired in 2013 by Sierra Management to work as  on-site managers of an 81-unit apartment building in Canoga Park. The Garcias were paid  a monthly salary and were provided with a rent-free unit in the same apartment building. In March 2017, Albert Garcia was diagnosed with thyroid…

IN the wake of the #MeToo movement, there has been a lot of attention focused on non-disclosure agreements (NDAs), also known as confidentiality agreements (CAs). Sexual harassment victims who agreed to settle their cases are often asked to sign NDAs in exchange for payment. In work situations, a non-disclosure agreement is required by the employer to prohibit the…

AARON Kudatsky worked as an implementation consultant in California for Tyler Technologies, a company that sells business and public sector operations software being used in finance, payroll, billing, and others. Tyler’s implementation consultants assist its clients in customization and training in the use of Tyler’s products. The implementation consultants are classified as exempt and are…

BACK in 2020, Proposition 22 was voted into law. App-based companies like Uber, Lyft, and Doordash spent upwards of $200 million in funding to get Californians to vote on this measure. Prop 22 styled its existence as a workers’ rights issue and touted the purported “flexibility” of workers being able to set their own work…

William Maner worked for decades as a biomedical design engineer in the laboratory of employer, Dr. Robert Garfield.   Garfield’s laboratory initially operated in Texas.  Maner’s coworkers were Dr.  Yuan Dong, a male researcher, and Dr.  Leili Shi, a female researcher.   Maner learned shortly after joining the lab that Garfield and  Shi were engaged in a…

Lime runs electric scooters, electric bikes, normal pedal bikes, electric mopeds and car sharing systems in metropolitan areas to customers through its mobile app. Lime hires persons known as “Juicers” to locate, recharge, and redistribute Lime’s scooters after being rented. Several “Juicers,” among them Jon Osuna, Yassin Olabi, and others, sued Lime claiming that the…

CAN an employer fire someone simply for being gay or transgender? No, according to the U.S. Supreme Court in its landmark decision in Bostock v Clayton County. Title VII of the Civil Rights Act of 1964 prohibits discrimination in the workplace on the basis of race, color, religion, sex, or national origin. “An employer who…

I WORK for a company that shorts us on pay, nothing big, like 15 minutes of overtime two to three time per week and breaks that are not provided once or twice a week. Many of my coworkers experience the same thing but shrug it off saying the back wages are too small to sue…

Q: I work for a private company in California that is not in healthcare or education. My employer just sent a company-wide memo requiring that all employees must be vaccinated in order to be allowed into the workplace. I read that vaccination is only mandatory for healthcare and school workers. Because I don’t work in…

Q: I HEARD California is requiring workers to be vaccinated. My employer just sent a memo to everyone saying that employees must be vaccinated in order to be allowed into the worksite. Can my employer force me to get vaccinated? A: The general answer is “yes.” This is especially true and urgent for certain types…