Posted by Joe Sayas | May 01, 2020 |
Q: Because of 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?
A...
Posted by Joe Sayas | Apr 24, 2020 |
Last week, CNN reported that ten nurses from Providence Saint John's Health Center in Santa Monica, California were placed on administrative leave for demanding N95 masks while treating Covid-19 patients. The nurses were suspended with pay for refusing to enter Covid-19 patient rooms without N95 ...
Posted by Joe Sayas | Apr 17, 2020 |
As of this writing, the new coronavirus (COVID-19) has infected over two million people globally, and more than 145,000 have died. The outbreak has understandably created worldwide anxiety since the first cases were reported in Wuhan, China in late 2019. But aside from the panic created, the pand...
Posted by Joe Sayas | Apr 10, 2020 |
Instacart is one of the largest grocery delivery services in the United States. Instacart allows its customers to shop their local grocery using a mobile app or the website. The virtual shopping cart is filled out by an Instacart worker, called a “personal shopper” who goes out to buy the groceri...
Posted by Joe Sayas | Apr 03, 2020 |
These are challenging times for California small businesses. Restaurants, retail stores, and other services sustained (and continue to sustain) coronavirus-related losses. Their damages resulted from severe business interruption, event cancellation, loss of supply chains, and loss of customers am...
Posted by Joe Sayas | Mar 27, 2020 |
Q: I read about severe cases of COVID-19 infections requiring several weeks of recovery. Can the employer fire me while being on leave due to this illness? Do I have remedies?
A: The California Family Rights Act (CFRA) protects employees' rights to take a leave of absence due to th...
Posted by Joe Sayas | Mar 20, 2020 |
Q: I work for a company that provides 40 hours of paid sick leave. This is about 5 days of work. If I ever need to take leave due to COVID-19, 5 days may not be enough. What are my options?
A: As of this writing, the recorded cases of COVID-19 is approaching 11,000 in the United ...
Posted by Joe Sayas | Mar 19, 2020 |
Over a decade ago, four truck drivers sued Wal-Mart claiming Wal-Mart violated California's meal and rest break laws. As part of their job, truckers would travel a wide range of routes, to different locations, hauling different freight.
Wal-Mart paid truckers through an “activity-based...
Posted by Joe Sayas | Mar 12, 2020 |
Q: I am a working parent with a school-age child, who has been sent home due to fears of infection from the coronavirus. My work entails interacting with people throughout the day. I want to take precautions, practice social distancing, and self-quarantine if necessary. However, I am worr...
Posted by Joe Sayas | Mar 05, 2020 |
Amanda Frlekin and others worked for Apple Inc. as retail store employees in its retail stores in California. Apple requires them to undergo exit searches pursuant to its “Employee Package and Bag Searches” policy, which imposes mandatory searches of employees' bags, packages, purses, backpacks, ...
Posted by Joe Sayas | Feb 28, 2020 |
Ca
(And Which of Them Should Pay Back Wages?)
Elvia Jimenez worked as a direct employee for Ameritemps, a temporary employee staffing service. Ameritemps placed Jimenez with U.S. Continental Marketing, Inc. (USCM), a manufacturing company that makes shoe care products...
Posted by Joe Sayas | Feb 25, 2020 |
Jeremiah Matthews worked as a cook and a maintenance supervisor for Happy Valley Conference Center. Happy Valley is an affiliate of the Community of Christ Church and hosts seminars, retreats, and camps for church members in their property.
Mathews was supervised by the executive director, Melin...
Posted by Joe Sayas | Feb 13, 2020 |
On January 29, 2020, the FBI conducted a raid of the Kingdom of Jesus Christ, the Name Above Every Name church in Van Nuys, California. During the raid, the federal authorities arrested three top administrators for the church. The FBI alleged that the church was engaging in immigration fraud and ...
Posted by Joe Sayas | Feb 06, 2020 |
Virginia Hoover worked as a radiology technologist for a Dignity Health hospital for 24 years. In December 2012, her arm was injured while she was preparing for a CT scan. The injury resulted in medical restrictions, including the prohibition of lifting more than 15 pounds. She also had to go on ...
Posted by Joe Sayas | Feb 03, 2020 |
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 disclos...
Posted by Joe Sayas | Jan 23, 2020 |
What is the new minimum wage?
Effective January 1, 2020, the minimum wage in California will be $12.00 per hour for employers with 25 employees or less. For employers with 26 employees or more, the minimum wage is now $13.00 per hour. Most employees in California are entitled to be paid a...
Posted by Joe Sayas | Jan 16, 2020 |
The California Family Rights Act (CFRA) entitles employees who work in businesses of 50 or more employees, 12 weeks of leave from work. This benefit is provided when they have to care for their seriously ill child, parent or spouse, for birth of and bonding with a newborn, or for the adoption or ...
Posted by Joe Sayas | Jan 09, 2020 |
Q: I was diagnosed with early stage cancer a few weeks ago. I can still do my job but I will need about 5 hours off from work every week for 3 months for medical treatments. I asked my manager for intermittent leave. When he refused, I emailed him information from the Labor Commissioner's ...
Posted by Joe Sayas | Jan 03, 2020 |
Q: I am a part-time hourly employee working in retail. I work between 20 to 30 hours a week. I recently got sick and had to be out for three days. I was told that I was not entitled to paid sick leave because I was a part-time employee. Is this right?
A: N...
Posted by Joe Sayas | Dec 12, 2019 |
Eden Smiles worked for Walgreens, the pharmacy giant, as a cashier. She filed a class action case on behalf of current and former non-exempt, hourly-paid cashiers, photo specialists, beauty advisors, and other employees assigned cash register duties who worked for Walgreens. Smiles also filed the...
Posted by Joe Sayas | Dec 05, 2019 |
Aurora Isabel is a Filipina who worked for the Pasadena Water and Power. Isabel complained that her manager discriminated against her for her accent. She was demoted to a field position and was told to stop complaining or she would be demoted again. Her manager told her that she had to learn to s...
Posted by Joe Sayas | Nov 27, 2019 |
Q: I am thinking of filing an overtime claim against my employer because I and my coworkers are doing a lot of off-the-clock work. However, I am concerned about losing my job and not being able to work in this company any more. Should I still file a claim? What should I do?
A: You ...
Posted by Joe Sayas | Nov 21, 2019 |
Q: I work for a 100-employee company in Los Angeles. I recently returned to work after maternity leave. Since I decided to breastfeed my newborn, I needed to periodically pump breast milk at work. When I asked my supervisor if there is a room in the building where I could do this, I was to...
Posted by Joe Sayas | Nov 14, 2019 |
Q: My new supervisor recently told me that I need to wear my hair in a “more conventional” way because it is distracting other people. My hairstyle is appropriate to my ethnicity and is part of my cultural identity. More importantly, my hair does not interfere with my work. When I said so...
Posted by Joe Sayas | Oct 31, 2019 |
Q: After I came back from a two-month medical leave, my employer told me that my position was eliminated. However, I heard from a former coworker that the employer hired a person to replace me. Was I wrongfully fired? Can I still file a claim, considering that the firing occurred 11 months...