| Subject | Date Asked |
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| Non-compete covenant | 6/28/2008 |
Q: I am a licensed chiropractor in the state of California, I have an employment contract that I ...
A: Farinaz: 1. Generally, non-compete agreements are highly disfavored, as you pointed out, and are ...
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| charges against commission | 6/27/2008 |
Q: I work for a retail establishment earning salary plus commission. When I make a mistake on an order ...
A: Hey, Denise. Generally, an employer is NOT allowed to charge against your commissions unless your ...
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| Concerning probation period | 6/24/2008 |
Q: Please help me with this. Can a company let an employee go during their probation period without ...
A: Dave. Generally, a company can let you go for any reason, arbitrary reason, or no reason at all, ...
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| FMLA taxes | 6/16/2008 |
Q: I have a civil suit against a former employer and they are willing to settle with me for my FMLA ...
A: Angelia. This is a very common trick. You should insist that they 1099 you as it doesn't make a ...
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| I want a raise | 6/10/2008 |
Q: I am aware that the answer to this question might be something straightforward like "get another ...
A: Henderson: In the absence of express agreement between you and your employer, your employer is not ...
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| suspended from work | 6/4/2008 |
Q: i was suspended for suspicios of dui. i have a contract and i have union the contract say that if i ...
A: Mr. Cruz. Thanks for your fax. I haven't had a chance to look at it yet. I also need to do some ...
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| UNPAID COMMISSIONS + CHANGE OF COMP SPLIT | 5/31/2008 |
Q: How should I handle this problem?? 1) Opened wholesale dept (3rd party loans) and found the manager ...
A: I see. Well, if they owe you commission, they are in violation of labor code. You should contact ...
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| lunch meeting | 5/29/2008 |
Q: My wife and I work in CA. Her employer makes her take 2 hour mandatory lunch meetings off the ...
A: Justin. Lunch breaks must be paid unless the employee is free to leave the work premises and go ...
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| suspended from work | 5/24/2008 |
Q: i was suspended for suspicios of dui. i have a contract and i have union the contract say that if i ...
A: What a coincidence. So do I! Since we are so close, I would like to get more information about this ...
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| Labor and Wages | 4/25/2008 |
Q: I recently quit a job and still have not received my final paycheck. It has been over a week past ...
A: Well, since I also practice in CA I am well aware that this is a violation of labor code. You are ...
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| Non-exempt to Exempt | 4/23/2008 |
Q: I am a supervisor being paid as non-exempt for the past year can a company change your salary status ...
A: Donna. Thanks for your question. Before I can answer it, I need to know what state you work in, and ...
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| Title VII and the EEOC | 4/22/2008 |
Q: What is Title VII and how is the EEOC involved with it?
A: Title VII is a federal statute that protects employees against certain unlawful conduct of employer. ...
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| tip pool and salaried managers question | 4/20/2008 |
Q: I am a restaurant manager in a high-volume restaurant working over 50 hours/week. I have been there ...
A: Terra. Good question. I believe that one of my articles describes the state of the law with regard ...
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| Paying an employee | 4/18/2008 |
Q: I just open a new small business in San Jose and am very concern about how the wage hours work. May ...
A: Chery. Thanks for your question and congratulations on opening the business in San Jose. First, ...
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| Termination while under doctor's care | 4/12/2008 |
Q: I was terminated because my doctor did not release me for work by the specified date of the ...
A: I see. But hey, I am pretty sure that like California, Georgia has laws prohibiting discrimination ...
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| Final Paycheck | 4/7/2008 |
Q: My daughter recently quit her job in Alabama, but her employer refuses to pay her for the last pay ...
A: Mike. I am sorry about your daughter's situation. I am a California attorney so I don't know much ...
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| Independent Contractor or Employee? | 4/6/2008 |
Q: If I hire an actor (16-years-old) for a 15-minute short film and ask him to work for two hours on ...
A: Hey, Daniel. It's very good that you are aware of the risk and the penalties associated with ...
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| Independent Contractor or Employee? | 4/6/2008 |
Q: If I hire an actor (16-years-old) for a 15-minute short film and ask him to work for two hours on ...
A: Yes, Daniel. It sounds like you are a competent person and you know that the distinction between ...
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| Favoritism | 4/1/2008 |
Q: When I was laid off recently, I signed an agreement not to sue the company for any reasons as part ...
A: Lou. You can always report your company on a any wrongful conduct. The problem is to whom? The ...
|
| lunch break | 3/31/2008 |
Q: I am an Employer. I own a restaurant. A former employee- a busboy- has filed a claim with the CA ...
A: Hey there. It helps to have such a policy in place, but again - the board will only look at the ...
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| lunch break | 3/29/2008 |
Q: I am an Employer. I own a restaurant. A former employee- a busboy- has filed a claim with the CA ...
A: Teri. Thanks for your question. Unfortunately, many employers don't know and don't realize that ...
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| tipping salaried employees | 3/29/2008 |
Q: As a server I am required to tip out a salaried manager(sommelier) who is paid a large salary to ...
A: Mindy. Sharing tips with managers is ILLEGAL in most states, although I am not sure about Michigan. ...
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| Loan officer commissions | 3/27/2008 |
Q: I have just resigned from the mortgage firm I was working for to switch to a different firm. I ...
A: The easiest thing to do is contacing your local Department of Industrial Relations and requesting an ...
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| Loan officer commissions | 3/25/2008 |
Q: I have just resigned from the mortgage firm I was working for to switch to a different firm. I ...
A: Eric. What State do you live / work in? Regardless, I am surprised they will do it because it's a ...
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| re: managers taking tip money | 3/25/2008 |
Q: I work in a "house pool" restaurant. My manager gets to take home a full cut of my tip money. To my ...
A: George. This sounds like a pretty awful conduct by your employer. I wonder - why don't you contact a ...
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| scheduling and overtime | 3/24/2008 |
Q: This past week one of my fellow employees walked off the job after being harassed by the manager; ...
A: Heather. Thanks for your question. Before I can answer it, I need to know a few things: What city ...
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| re: managers taking tip money | 3/21/2008 |
Q: I work in a "house pool" restaurant. My manager gets to take home a full cut of my tip money. To my ...
A: George. To the best of my knowledge, you are absolutely correct. This is called tips appropriation ...
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