Answers Posted By Karl Gerber

Answer to I am an employee of a nanny agency. They are responsible for paying me to be their nanny. Should I still get over time pay for anything over 40 hours even if it's with multiple families? The nanny agency schedules me and pays me but only pays overtime if

It is one employer. They owe you overtime based upon how many hours you work. However, there is a special Labor Code for nannies which is California Labor Code Section 1454. Overtime begins at 9 hours a day and 45 hours a week.

posted Jun 12, 2015 5:16 PM [EST]

Answer to Can a employer deduct from your hourly wage every time you are late for work?

I would have to see the contract to give you a full answer. However, contracts conditioning past wages on events that happen after the hourly wage is earned do not seem proper. The second however here is that if you are warned your wage is going to go down and then it does while working in the future that is not illegal if you are not working on a prevailing wage job, or otherwise have a contract to work for a certain wage. If your wage goes down for earlier parts of the pay period that you already worked that is improper. Employers who recruit employees from other jobs and then play these games with them as soon as they are hired are also likely to face liability if there was an intention to do this all along.

Split shifts raise many questions. You should contact a wage and hour lawyer who thoroughly understands split shifts. They are highly technical issues.

posted Jun 28, 2013 9:34 PM [EST]

Answer to Is this legal termination?

You should consult privately with somebody on this issue. Your health is a private matter, and the answer is going to be legal advice so it is best if it is not posted.

posted Mar 11, 2010 10:05 PM [EST]

Answer to How can you protect yourself from being falsely accused of breach of confidentiality

What form of discrimination are you experiencing? Discrimination may be actionable if it is based upon age, sex, race, disability, pregnancy, etc.

Retaliation is actionable if it is based upon asserting protected rights by statute. The California courts have seriously tightened what retaliation is. Being assigned to another office or desk is not. I had a case where the judge said requiring a cashier to sweep the parking lot and clean the bathrooms when janitors usually did that job was not retaliation. A serious detriment in job status, or pay is probably required to be retaliation if the retaliation is based upon something protected by statute.

General workplace hostility and mean behavior may be worker's compensation under certain circumstances.

The issues you raise should be dealt with via a private conversation with an attorney due to the attorney client privilege.

posted Feb 13, 2010 6:12 PM [EST]

Answer to Can I sign a severance agreement after expressing a desire to renegotiate the terms?

It sounds like the contract expired. If the employer still wants to offer you severance maybe they will if they fear a lawsuit. Is there something about the termination that was illegal?

Does the severance waive anything you don't want waived?

This is not a simple yes or no question about an expired severance. It is important that you do the right thing here based upon what legal rights you may have.

With a lawyer they may re-visit the expired severance if that is still what you want to do, and then the lawyer can see if the contract is right and whether you have other rights.

posted Jan 18, 2010 10:38 PM [EST]

Answer to I am constantly witnessing discrimination from my boss, is there anything I can do as a witness?

Don't secretly save phone numbers. Secretly recording information that comes into your employer's possession is grounds for a lawsuit. I especialy do not like you recording private information sent (I am not even sure to you).

Keeping notes to build a case against your employer in case something happens down the line that you do not like is sort of like extortion. Not a good idea.

Don't be an aider or abetor in this practice though. What your boss is doing is wrong. You can confront your boss in writing, but be prepared for the consequences. You could also constructively help your boss "research" issues relating to equal opportunity employment so he becomes aware what he is doing is wrong and you know it is wrong.

posted Nov 1, 2009 10:20 PM [EST]

Answer to Harrassed by a co-worker, what can I do?

Your question is very fact specific. There are legal options you have, but there are also practical issues being that you still work there. You need to discuss this in private with an attorney.

If you are ready to take legal action, remain employed, or sever your employmemt feel free to contact me. I get involved in cases when employees make the decision to take legal action.

There are other lawyers who might be willing to listen and offer advice for a price which is also an option.

Karl Gerber 877-525-0700

posted Oct 16, 2009 11:03 PM [EST]

Answer to Can a boss pay employees cash for per deim?

There are numerous Labor Code violations from what you report. Any employee who is fired for complaining about the conditions you outline could sue for wrongful termination.

Is this the same company where the boss has a prostitute come in a few days a week? How many people work at this place and what kind of a business is it?

posted Sep 3, 2009 10:48 PM [EST]

Answer to Boss has prostitute on payroll. How does that work? Or does it?

You should seek private legal advice on this. I am not sure what your position at the company is, and whether you could be liable for a fraudulent business expense. Obviously fraudulent tax write-offs are illegal.

posted Sep 3, 2009 10:45 PM [EST]

Answer to Can I negotiate a severance package if I am being forced to report to a manager who made slanderous statements about me during my leave of absence?

Here are some general comments about severance I would like the public to know because there are major mis-conceptions.

I can say this, in California there is no legal right to severance unless you have a contract stating so.

It is my experience that it is fairly difficult to negotiate severance if the employer does not offer it first. Only if there is a great potential case are employers likely to couch a settlement as severance, or engage in an active severance negotiation. If there is a great case you may do better by suing so negotiating severance may be a poor decision for the employee. Until the court system is utilized almost all employers do not consider the employee or their lawyer to be serious about taking legal action.

In today's marketplace with lots of layoffs, I am not sure the corporate mood is to respond to requests for severance, or to negotiate what has been offered.

posted Aug 5, 2009 9:47 PM [EST]