Answers Posted By Harvey Berger

Answer to Relocated to California, need to return home. Help with verbiage of proration.

Any ambiguity will be interpreted against the company. The only reasonable interpretation is that the relocation allowance is divided by 24, so after 18 months you would owe 1/4. California (arguably) requires peroration in any event.

The gross up versus net is too complicated for a reply on my phone!

Harvey Berger
Berger, Williams & Reynolds
San Diego, CA 92101
berger@bwrllp.com

posted Sep 2, 2019 1:19 PM [EST]

Answer to My boss signed me up for a seminar but doesn't think he should pay my salary or food while away.

You have a difficult choice. The law in California clearly requires you to be paid for the time you are in the seminar given the facts you have stated and be reimbursed for all reasonable expenses (Labor Code 2802) and this right is not waivable (Labor Code 2804.)

But it sounds like your boss thinks he is doing you favors, so may not react well to a complaint or if you refuse to go. Of course, retaliation would be illegal, but that won't help if you are unemployed and waiting for a trail.

You have three years from the date the expense was incurred or the wages not paid to bring a claim, so you may want to very carefully document all your conversations and detail the time you are at the seminar, and costs incurred, and bring the claim after you have found a new job.

Harvey Berger
Pope, Berger , Williams & Reynolds, LLP
619-234-1222

posted Jul 21, 2017 10:38 PM [EST]

Answer to I have a confusing question. I work for a company that has 1 parent but 2 subsideries. An employee works FT for 1 company and we want him to work 10 hours for the next company from home. Would this mean overtime or not because it is 2 companies? Should he

Very, very dangerous. Depends on a number of factors. It is obvious you need to speak to an employment attorney, because first, this could easily result in significant overtime liability, so you have to be absolutely clean, and second, you can't just make people contractors to avoid such liabilities.

Glad to discuss

Harvey Berger
Pope, Berger, Williams & Reynolds
619.234.1222
berger@popeberger.com

posted Mar 9, 2017 9:34 PM [EST]

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

Yes...you are owed overtime over 8 hours per day or 40 hours per week. Damages also include interest, various penalties and the employer will have to pay your attorney fees.
Harvey Berger
Pope, Berger, Williams & Reynolds
619.234.1222

posted Jun 13, 2015 12:28 AM [EST]

Answer to Non Compete in California

Non-compete

If you live near San Diego you may wish to speak to me.
The non-compete may or may not be valid, but the real problem you face is that if the former employer sues you, they can also sue your new employer. That generally is not viewed favorably by your new boss!

Obviously, if you want to avoid legal issues, the easy answer is to simply not solicit customers for six months.

Harvey Berger
Pope Berger & Williams
619-234-1222

posted Mar 23, 2003 3:08 PM [EST]

Answer to Agreement after-the-fact?

Relocation Agreement

I believe you would have a valid claim for recovery. I would assume when you offered to pay for the relocation, that you mentioned "an agreement" would have to be signed - even if no specific terms were discussed about repayment, the agreement is not unreasonable, and in fact is fairly standard.

If you have questions, and are near San Diego, please call me at your convenience.

Harvey Berger
Pope Berger & Williams, LLP
(619) 595-1365

posted Mar 18, 2003 2:52 PM [EST]

Answer to Salary vs. Hourly

Hourly wage

The Labor Code requires an employer to list the hours worked and the hourly wage. LC 226. Penalties include a minimum penalty of $50 for the first violation, and $100 for each pay period thereafter. Of course, you are also entitled to overtime. If the company does this to everyone, we would be interested in knowing how many employees are involved, as a possible class action.

Harvey Berger
Pope Berger & Williams
619-234-1222

posted Jan 31, 2003 9:54 PM [EST]

Answer to Former employer will not pay - judgement awarded

Collection

Any good collections attorney should be willing to take the case, because there are statutory attorneys fees on top of the amount collected.

The owners of the company may be personally liable for your damages, but you can only go back three years.

Harvey Berger
Pope, Berger & Williams

posted Jan 12, 2003 01:05 AM [EST]

Answer to Fighting a non-compete in CA

Where are you?

Non-competes are disfavored in California, and California law applies, if the non-compete is being enforced in California, even if the contract was formed in Texas.

If you are in San Diego, please feel free to call us.

Harvey Berger
Pope, Berger & Williams LLP
619-595-1366

posted Jan 8, 2003 9:01 PM [EST]

Answer to Wrongful Termination Discrimination & Retaliation

Where are you?

If you live in or near San Diego, I would be pleased to discuss your case with you.

Harvey Berger
Pope & Berger
619-595-1366

posted Dec 21, 2002 7:11 PM [EST]