Answers Posted By Branigan Robertson

Answer to My employer did not give us 60 day notice to lay off...over 3000 of us are being laid off...can I sue this employer?

Yes. There is relevant California law in the Labor Code § 1401. It states that "an employer may not order a mass layoff, relocation, or termination at a covered establishment unless, 60 days before the order takes effect, the employer gives written notice of the order to the following: (1) The employees of the covered establishment affected by the order. (2) The Employment Development Department, the local workforce investment board, and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs." If the employer fails to give such notice the employees can sue for backpay for a "maximum of 60 days" §1402(b). According to section 1404 "A person, including a...employee representative, seeking to establish liability against an employer may bring a civil action on behalf of the person, other persons similarly situated, or both, in any court of competent jurisdiction. The court may award reasonable attorney's fees as part of costs to any plaintiff who prevails in a civil action brought under this chapter."

posted Nov 7, 2015 10:14 PM [EST]

Answer to Can my small business owner make me sign a contract waiving my overtime all together? He is expecting me to work 10 hr shifts not payed time and a half for the extra 2 hrs worked of overtime. I live in california.

Not at all. Employers are prohibited from doing this. In certain situations the employer can implement a lawful alternative work schedule (think nurses who work long shifts) but these are rare. Marilynn answers your question squarely.

posted Nov 2, 2015 07:21 AM [EST]

Answer to A co-worker gave me a paper that was in the fax machine thar stated all pay aspects of my salary. She gave me the paper,but I do not know how many people saw it. also, on the same day I was cleaning up an area ( work in a dialysis clinic) and found anothe

The second half of your question seems to be cut off. If you could ask the second half again we could try to answer it. I agree with Marilynn regarding the first half.

posted Oct 17, 2015 6:06 PM [EST]