Answers Posted By Matthew Kaufman

Answer to I am forced to work past my quitting time no overtime paid

There are a lot of issues in a donning and doffing case such as whether the pre and post shit activities are part of "principal" activities at work. Since you are in a food packing operation, there are probably regulations requiring you to perform the pre and post work, so it would be compensable.

Also, whether you are in a union may be a big issue.

Matt Kaufman
Harris & Kaufman
(818)990-1999

posted Jul 10, 2010 12:56 PM [EST]

Answer to Will I be paid my back end residual commission?

I address a lot of these issues on my website, but i is oriented toward California employees.

http://www.harriskaufman.com/californiacommissionswages.htm

Good luck, Matt Kaufman

posted Jul 10, 2010 12:51 PM [EST]

Answer to In Ca is it legal for an employer to secretly record employees conversations?

While I agree with George Allen, I want to add that employees should be careful with where they can "reasonably" expect privacy. Employer have strong arguments that there is no expectation of privacy on their computers and workspaces because these are owned by the employers and they have a right to monitor the work. The courts are still hashing it out. Recently, the US Supreme Court strongly implied that employees of a police department had no privacy rights in department supplied pagers. So when it comes to email and internet use, employees should watch it. On the other hand, recording conversations in the bathroom and break areas are likely illegal for employers. Good luck, Matt Kaufman

posted Jul 10, 2010 12:48 PM [EST]

Answer to last paycheck-education reimbursement

employer can't do that

Your employer is in the wrong. They have to pay all moneys owed to you within seventy-two hours of you resigning, including vacation pay. Your employer can't offset moneys you them in their last paycheck either. California has even pubished a case on it called Barnhill v. Robert Sanders. The fact that you owe money money to the employer just does not entitle it to offset or withhold moneys from your last paycheck.

You can apply to the labor commissioner and receive a penalty of 30 days wages for the late payment. The fact that the employer can't find the papers you supposedly signed that creates the repayment obligation strongly supports the penalty aspect of the case. Good Luck!
Matt Kaufman, Harris & Kaufman, 818-990-1999


posted Feb 5, 2005 3:35 PM [EST]

Answer to Wrongful Termination - No Explanation

Commission on termination

Regarding the commissions, your boyfriend is entitled to some or all of the commission depending on how much work he did on the commissionable sales. This may also depend on the terms of the commission agreement. My website explains a lot about commissions at http://www.harriskaufman.com/californiacommissionswages.htm. />Matthew A. Kaufman
Harris & Kaufman
15260 Ventura Blvd., Suite 2250
Sherman Oaks, CA 91403
(818)990-1999 tel.
(818)990-1966 fax
www.harriskaufman.com

posted Jan 13, 2005 5:33 PM [EST]