Q: I have been working as a caregiver for a healthcare agency in Los Angeles. My boss talked to me about signing an independent contractor agreement which will make me a 1099 worker. I was told that being on 1099 allows me to take home all my pay with no withholdings. I have been a…

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 WAS badly injured in a recent car accident. 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 boss that I need more time off because I might be fired. What should I do? A: You need…

Q: I WORK in healthcare where there is a strict policy of no unapproved overtime, and no going on breaks unless we have a reliever. We are forced to skip our breaks if there is no reliever (which happens a lot because we are often understaffed). As for overtime, we don’t even ask for approval…

California Supreme Court issues new ruling FOR two years, Jessica Ferra worked as a bartender for Loews Hollywood Hotel, LLC. Loews paid Ferra hourly wages as well as quarterly nondiscretionary incentive payments, which refer to payments for an employee’s work that are owed to employees based on a prior agreement or promise and dependent on…

Q: I work for a mid-size company in Los Angeles. Because of the COVID pandemic, I, together with half of our work force, worked from home for over a year. Now, we are returning to the worksite. However, management has told us that there will be a “reorganization” and some employees will not be asked…

Q: Four 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…

Q: MY job title is “manager.” I work at least 10 hours per day, 6 to 7 days per week. While I supervise a few employees, I mostly do the same tasks they do. I cannot hire or fire anyone. My employer insists that since I am salaried and paid double the hourly minimum wage,…

Q: MY work requires personal interaction with several people on a daily basis. We are getting back to the worksite after working from home for over a year. My employer sent a company-wide memo saying that employees must be vaccinated to return to work. I am not sure I want to get the vaccine. Can…

Q: My spouse and I are expecting a baby and we are trying to figure out how much family leave we are entitled to so we can each spend quality time with our new baby. My spouse works at a small office and I work at a medium sized company in Los Angeles. What are…

Q: I WORK as a “team member” in the service industry in Los Angeles. Before we clock-in for our shift, we are required to attend a “huddle,” or a meeting where we discuss events during prior shifts, our assignments, etc. These “huddles” last 15 to 20 minutes every day. Should we be paid for these…

Q: I WORK as a nurse at a facility that has a strict policy of no unapproved overtime. We don’t often ask for approval since we risk being written up for “too much overtime.” We just clock out and go back to work to finish our charts. Do we have remedies? A: Yes. You should…

Q: I worked in a company for over 5 years. A client accused me of making a mistake in a big order. This was not true. But the new manager, who did not like me and wanted to bring in his best friend to do my job, used the client’s complaint as a reason to…

Q: I worked in healthcare in Los Angeles. Several months ago, I was pregnant. My doctor ordered me to take leave from work because my pregnancy was high-risk. My employer granted me leave. However, two weeks into my leave, I miscarried, and due to complications, I had to have surgery. My doctor advised me to…

Q: I WAS diagnosed with a spine compression fracture and severe depression. I want to request leave but want to keep my privacy at work. Do I need to tell my employer about my medical or psychological condition? A: No. The employee is not required to disclose the nature of the employee’s medical condition or…

EVA Sharp worked as a cashier for Safeway, a large American grocery chain with headquarters in California. She initially filed a class action case on behalf of cashiers and other employees, alleging that Safeway failed to provide employees with suitable seating while performing their work tasks. Sharp also filed the lawsuit on behalf of the…

“It is the employer who directs the manner in which the employee is to present himself or herself for work – whether at the worksite or by phone. Either way, reporting time must be paid.” Michael Raziano worked in California as a truck driver for Albertsons, the second largest grocery chain in North America. He,…

AS the COVID-19 pandemic continues, government agencies have issued guidance on how to reduce transmission of the illness. On March 4, 2021, California’s Department of Fair Employment and Housing (DFEH) updated its guidelines regarding frequently asked questions (FAQs) on keeping workplaces safe while continuing to uphold civil and employment rights. Below are examples of FAQs…

Last year, private employers with 500 or more employees were required to provide California employees with paid sick time for COVID-19-related absences. That law, AB 1867, aimed to close the gaps left open by the Families First Coronavirus Response Act (“FFCRA”) by expanding coverage to healthcare providers or emergency responders and food sector workers. AB…

IT has been over year since California declared a state of emergency due to the COVID-19 pandemic. Since then, many employees have stopped coming to their workplaces and have worked from home instead. However, those who were considered “frontline” workers do not have the option of working at home. Considered “essential” to the functioning of…

IN 2001, Sara Alfaro became a firefighter with the San Diego Fire-Rescue Department (SDFD). Throughout her employment, she consistently performed with a rating of “above standard” or better. She has worked at several of the busiest fire stations, where she was the only woman out of a group of 5-10 firefighters during her shift. In…

“Each meal period must be “not less than 30 minutes,” and no employee shall work “more than five hours per day” or “more than 10 hours per day” without being provided with a meal period.” When time is scarce, those minutes count KENNEDY Donohue worked as a nurse recruiter at the San Diego offices of…

Jennifer Christian worked at Umpqua Bank as a Universal Associate. In late 2013, a male customer asked her to open a checking account. While this initial interaction was unremarkable, the customer soon began visiting the bank to drop off “small notes” for her, stating that Ms. Christian was “the most beautiful girl he’[d] seen” and…

Did Amazon pocket its drivers’ tips? IN 2015, Amazon launched Amazon Flex, where persons can sign up as drivers to deliver products to Amazon customers. Amazon promoted that drivers could earn up to $18-$25 per hour, and could “make more” by making deliveries that are eligible for tips. Amazon promised both customers and tip-eligible drivers…

Q: I got a judgment for back wages from the California Labor Commissioner. But my employer filed bankruptcy and closed the business. I heard that the owners will put up another business somewhere else. Is there anything I can do to collect my back wages? A: The question above is not an uncommon one that…

Yunghui Chen worked as internal auditor for Western Digital Corporation, one of the world’s largest hard disk manufacturers in the world, based in San Jose, California. It employs over 5,000 people in the United States, with revenues in the billions of dollars per year. Ms. Chen started as a Senior Internal Auditor in 2005 and…

Q: During the Stay-at-Home order in California, my employer has sent me home on a “work furlough” without pay because I am not an essential worker. It has been more than a month and I still have not been asked to go back to work. Is a work furlough a termination? What are my rights?…

Francoise Brougher was employed as Chief Operating Officer of Pinterest, Inc., a multi-billion dollar image sharing service. Prior to working at Pinterest, Ms. Brougher worked for Google and Square. During her two-year tenure, she helped guide Pinterest into becoming a publicly traded company, grew its customer base and accelerated its growth. However, Ms. Brougher realized…

Time to bond with a new child or care for family Q: My spouse and I are expecting a baby in a couple of months and we are trying to figure out how much family leave we are entitled to so we can each spend quality time with our newborn. My spouse works at a…

LUCAS Mejia was a stocker for Walgreens, a nationwide pharmacy retail store chain. He and many other employees worked as hourly non-exempt employees in a Walgreens distribution center in California. Mejia filed a class action lawsuit against his employer on behalf of himself and his coworkers, claiming that Walgreens violated several California laws by failing…