February 19th, 2007 
James PetersMy employer pays me at one rate of pay for my regular work, but then pays me minimum wage for travel and attending seminars after-hours. How is my overtime supposed to be calculated?
A: Calculating overtime for an hourly employee who is paid at two separate hourly rates is a fairly complicated analysis and does not come up very often, but hopefully the explanation… Continue reading
Posted in Wages : Overtime 
Tags: California Employment Law, Commissions, Minimum Wage, Q&A, Wages : Overtime, Wages and Hours 
13 Comments » January 25th, 2007 James PetersI quit my last job because my boss would not stop asking me out on dates. Now I am having a really tough time finding a new position. Every time I go through an interview they seem to love me, but then it falls through once they start checking my references. I think my former boss is bad-mouthing me when these employers call, even though… Continue reading
January 16th, 2007 James PetersI took a one-month FMLA medical leave for surgery, but my employer laid me off two weeks into the leave. I have always heard that an employer cannot terminate an employee who is on a medical leave. Is this true?
A: It is a common misconception among employees that employers cannot terminate them if they are on a medical leave. While in practice most… Continue reading
January 15th, 2007 James PetersI moved to California from Wisconsin six months ago to take a job with a company here. I quit a good job back home, my wife sacrificed a job she loved, and our kids had to leave all of their friends behind, and we moved our family to California. I was stunned last week when I was suddenly laid off by my new company… Continue reading
Posted in Discrimination, Fraud, Q&A, Wrongful Termination Tags: California Employment Law, Discrimination, Fraud, Q&A, Wrongful Termination 5 Comments » January 14th, 2007 James PetersOne of my co-workers has asked me to testify for in her discrimination case against our employer. I want to help, but I am afraid that my employer will retaliate against me if I help her.
A: Both state and federal discrimination laws prohibit retaliation by employers against employees for participating in an investigation or prosecution of an employment discrimination or harassment… Continue reading
January 12th, 2007 James PetersThere are rumors circulating at work that our boss is spying on employees with video surveillance. Is that legal?
A: The answer to your question is: it depends. Whether or not video surveillance at work is illegal depends largely upon the facts in a given situation. The main question is whether or not you have a “reasonable expectation of privacy”… Continue reading
January 7th, 2007 James PetersI work from a home office in California, but my employer is based in Illinois. I have many business expenses I pay out of my own pocket but my employer refuses to reimburse me for them. Is this legal in California?
A: In California, Labor Code § 2802 requires all employers to reimburse employees for any business expenses they incur… Continue reading
Posted in Q&A, Wages : Expenses Tags: California Employment Law, Expense Reimbursement, Q&A, Wages and Hours No Comments » January 5th, 2007 James PetersMy boss is a real jerk. She harasses me for no good reason, calls me names and belittles me in front of other employees. Today I finally told her not to treat me like that anymore, because it interferes with my work and it is unprofessional. She fired me on the spot for complaining. Please tell me this is not legal in California!… Continue reading
January 4th, 2007 James PetersI have worked for a company over 20 years and now I am retiring. I never took a vacation the last ten years I worked there. Each year I lost all of the vacation time I did not use. My son told me that is illegal in California. Is that true?
–Need a Vacation (CA)
A: Your son is correct. In California, so-called Continue reading
Posted in Q&A, Wages : Other Tags: California Employment Law, Q&A, Vacation Pay, Wages and Hours 24 Comments »
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