California Employment Legal Questions

I will leave to others the answer to your question. In my view the better question is why you would choose to make an issue of this matter. Your husband is an at will employee. If his employer stops wanting him, he can be lawfully terminated at a moment's notice for no reason whatsoever. Why would you run the risk of causing his employee to wish he was gone? Do you have no sense of what it is to win a battle and lose the war?... Read More

If your employer is a private entity, there is no law that says they need to pay holiday pay.  Each company can set their policy about this. The question is more whether you are properly an exempt employee.   Check your employment handbook whether it applies to all employees.... Read More

Hello Mr. Lee, I hope your issues have resolved.  If your break issues are continuing, you may be able to file an action, either with the Labor Commissioner or with the Superior Court.  Let us know if you need further assistance.  Arlo Uriarte, Attorney, Liberation Law Group, PC 415.695.1000 arlo@liberationlawgroup.com... Read More

You can file a workers comp claim against your employer and get benefits under the employers insurance plan. Also you can File a police report against the person that assaulted you so that he is prosecuted for the crime he committed. Normally a judge in the criminal case will force the defendant to pay you restitution in the form of medical bills etc. etc. You could always sue the perpetrator, but he probably doesn't have any assets for you to go after. Additionally, you can file a claim with the California victims compensation fund and they may be able to also help pay your medical bills.... Read More

The mandate is completely legal.  Your GF has the option of getting the vaccine or being subject to regular tests.  This is a public safety issue.  The vaccine has been approved by the FDA.  The vaccine is safe.  If she does not want the vaccine, she can be tested or find another job.  Very simple. ... Read More

Yes, you most likely have a claim against the restaurant for negligent hiring retention and supervision. The employer will be vicariously liable for your damages caused by the employees assault if that assault occurred during the course and scope of his employment. You should discuss the details of your injury with counsel for possible contingency fee representation.... Read More

Based on the information you provided, the statute of limitations may have expired on any claims you have. If you were to pursue this, you can sue them in the US (California) and the courts will sort out of that is the proper venue.  However, you need to speak with an attorney and get advice on whether you have a viable claim.   Good luck!... Read More

You quit your job and thus no longer have rights as it relates to any stress the job may have caused you.  There is notihng left for you to do.  You cannot file a worker's comp claim as you're no longer employed there.  Not sure how you plan to return to work for a job you quit over a year ago. Good luck.  ... Read More

You are definitely on the right track here. Being an independent business (either as a sole proprietor or partnership, or as a corporation or limited liability company) is an important factor in determining whether your business is really an independent contractor. If you choose to be an independent contractor, you can control the factors that would be used to determine whether you are an independent contractor. 1. Make your business "official" -- get a business license from your locality (city or county). Yes, it's a hassle, but it helps show that you are an independent business. This is true whether your business is a sole proprietorship, partnership, corporation, or LLC. Talk to your accountant and bookkeeper, as well as an attorney (if necessary), to see what would work best for you.  2. Have bank accounts in the name of the business, separate from your personal accounts, and make sure that proper bookkeeping is done for the business. Treat your business as a separate entity. If you withdraw cash from a business account for your personal needs, make sure that you treat that properly -- either as income, or perhaps as repayment of a loan you made to the business.  3. Have written contracts with your customers or clients.  Written contracts are good to show that your business is an independent business. You can write in the "ABC" test requirements into the contract, and that will go a long way to showing that you are a business. The contract can state that: A.  your business is responsible for getting the work done, and has the general right to determine how it is done; B. the work that your business will do is sufficiently different from the work of your client; and C. that your business customarily does this kind of work for other clients as well as this particular client.    ... Read More

You need to be very careful when cutting salaries.  If you have someone making less than $49,920 annually (if you have 25 employees or less) or $54,080 annually (if you are at 26+ employees) you have violated the law and yes, they can go to the labor board.  This often happens when a full time manager, let's say making $80K per year, is cut to part-time, now working 20 hours a week and down to $40K, they no longer qualify as salary exempt.... Read More

It really depends on whether you are exempt or non-exempt.  If you are non-exempt and are paid hourly, California law requires employers to give employees rest breaks and meal periods.  A 10-minute rest break is required for every four hours worked, or major fraction thereof.  A meal period is required for every 6 hours worked - this is a 30-minute uninterrupted break.  Your employer should be documenting your meal periods.  There could be some major liability here if your employer is not complying with California law.  Good luck. ... Read More

Thank you for your question.  It's advisable to speak with independent counsel before answering any questions that could result in liability.  I don't know all of the facts of your matter, but you could have signed a confidentiality agreement or other agreements.  Additionally, be advised that, the company's attorney is not your attorney.  They represent the interests of the company and don't necessarily act in your best interests.  If you think that you may have some individual liability or are concerned about it, I'd advise you to (at a minimum) have a consult with a labor law attorney or retain counsel before you are interviewed.   Stay safe and healthy.  We appreciate you.... Read More

If you do not think your company will pay, then you should enforce your agreement.  If it's in writing it should be easy to prove.  If not, then you might want to gather witnesses or other employees who can help you prove the promise to pay the bonus.  You can use their reply about seeing payment in 10 to 14 days as proof too.... Read More

Past employers have a conditional privilege to make certain statements about an employee to a prospective employer.  However, employers must also protect employees' privacy rights, particularly in connection with medical information, and there are protections for WC history.  You may find this article useful.... Read More

It sounds like you've answered your own question.  If your employer has already refused to reimburse another employee for stolen tools, get insurance to cover yourself.  If you are required to supply your own tools and you also supply a locked tool cabinet, the employer would not be liable for loss due to theft unless it was reasonably foreseeable to the employer that the theft would occur.  Given that theft has already happened once, it may be foreseeable that it would happen again, but this would depend on many circumstances.... Read More

Let's start with some basics - You as the client have the absolute right to terminate the lawyer's services at any time.  (Fracasse v. Brent (1972) 6 Cal.3d 784, 790.)  When a client discharges a lawyer, the lawyer is entitled to be paid for the services provided as set by the fee agreement. An attorney, however, does not have an absolute right to withdraw from representing a client for any reason or whenever he or she feels like it.  The way an attorney withdraws, and under what circumstances, can affect whether the attorney can enforce a lien against the client's case.  For example, an attorney may not withdraw until the attorney has taken "reasonable steps to avoid reasonably foreseeable prejudice to the rights of the client, such as giving the client sufficient notice to permit the client to retain other counsel.  (Rules of Professional Conduct, Rule 1.16(d).)  If I understand your question correctly, your attorney quit in the midst of your deposition, which could be highly improper if the deposition is continuing immediately. Under certain circumstances, attorneys must withdraw from representing a client, such as when a client asks the attorney to violate the law or rules of professional conduct, or where the attorney has a mental, physical, or emotional condition that makes it unreasonably difficult to continue the representation.  Attorneys must seek a court order allowing their withdrawal. In other cases, an attorney may permissively withdraw.  The most common scenario is a personality clash with the client.  This is good cause for withdrawal, but it is not necessarily a justifiable excuse that would allow an attorney to enforce a lien.  (Estate of Falco (1987) 188 Cal.App.3d 1004, 1014).  And, again, the attorney must get court approval. The circumstances leading to your attorney's withdrawal are not fully described, but what is described seems suspect.  Request your complete client file, both hard copies and electronic documents.  You are entitled to everything at no cost to you, even if the attorney says you owe him or her money.  And, then seek in-person advice right away.  If your deposition is set to continue, ask the other attorney(s) involved to "stipulate to a continuance of the deposition," and put the agreement to postpone your deposition on the record with the court reporter in the room.... Read More

There are two sets of law that apply to this situation - federal and California.  The Affordable Care Act ("ObamaCare") amended federal wage and hour laws to require employers to provide reasonable, unpaid lactation breaks for new mothers for up to 1 year after the birth of the child. Employers with fewer than 50 employees are not required to accommodate if doing so would impose an "undue hardship" on the employer, meaning it would be difficult or costly given the employer's size, facilities, and other available resources. California law is much broader in terms of rights.  In 2002, the Legislature made it mandatory that all employers regardless of size accommodate mothers with unpaid breaks to express milk and other provisions. (See, Cal. Labor Code 1030, 1031.)  An employer is not required to provide the breaks if it would "seriously disrupt" the employer's business, but this is a more difficult standard to meet than "undue hardship" under federal law.  (Labor Code 1032.) Labor Code 1033 provides for civil penalties of $100 per violation. California law does not impose time limitations, as does federal law. These statutes collectively provide rules stating which employers are covered (all employers), expressing milk v. breastfeeding at work (latter is not covered unless the employer has child care facilities at work), location (must provide private location, not toilet stall), the "serious disruption" exception, and civil penalties for violations.  You can read more here from Nolo.com. It sounds to me like your employer is treading on thin ice already, and it would be illegal for your employer to deny you the right to express breast milk after the 1 year period, as that time limitation only applies under federal law, not California law.    ... Read More