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Recent Holiday Pay questions

Looking to clarify questions regarding unemployment

Looking to clarify questions regarding unemployment insurance claims in State of California:Earnings are considered to be the following:Work performedBack pay awardBonusesCommissionHolding feesHoliday payIdle time payIn-lieu-of-notice payJury duty payPaid sick leavePensionPiece work payResidual paySelf-employmentSeverance payStrike benefitsTemporary Total DisabilityTipsVacation payVocational Rehabilitation Maintenance AllowanceWitness feesWorkers' CompensationSituation: Just got unemployed but have investment activities.I trade stocks for 5 hours a week, investing $1k then gaining $2k of profit. Technically, my investment "buy-in" ($ invested, commission fees, capital gains tax, etc.) is my expenses and my profit are my earnings. However I wouldn't need to report since its not classified as a wage per the definition above since I'm not working for a company but rather using the online brokerage platform for my activities, correct?Taking the same idea but now with Airbnb.I Airbnb rent weekly an apartment that I have a yearly lease on, investing $1k per week then gaining $2k of profit. Technically, my investment "buy-in" ($ spent on week for maintenance, cleaning, lease payment, Airbnb fees, taxes, utilities, etc.) is my expenses and my profit are my earnings. However like the stocks in which I only am working 5 hours a week for Airbnb activites, I wouldn't need to report since its not classified as a wage per the definition above since I'm not working for a company but rather using the online platform service for my activities, correct?I have contacted the EDD and they provided that Airbnb is treated as employment. I don't see it as employment because unlike employment I am not being given a steady wage nor working for someone else. I see it as just the same as investing in stocks or gambling. Money spent and money gained yet you don't report that. With being employed you don't spend money to be employed therefore I understand that you need to report these earnings. But for Airbnb shouldn't it not be reported if it the same process of gaining income/earnings as the stock market or gambling which aren't required to be reported?

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Peal, my question is when an employee works over 40 hours

Hello Peal, my question is when an employee works over 40 hours during a week that has a holiday, would that employee be paid 8 regular hours for the holiday pay? Example: 40 Regular, 5 overtime, and 8 regular holiday payJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: GeorgiaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full timeJA: Anything else you want the lawyer to know before I connect you?Customer: Some employees took the holiday off and some worked the holiday and they both were paid 8 hours at regular pay.

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Patrick, Esq.

Doctoral Degree

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This is a California employment law question. I am a real

This is a California employment law question. I am a real estate agent who employs 2 employees to work with me selling homes. When an employee is off for up to 3 months due to medical leave and can't return unless she comes with full doctors release in hand, do I as the employer have to pay the 4 hours sick leave or the paid holiday pay she normally would recieve while working? She may be filing for state disability soon. So far, she has been off for the month of January.

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John

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Exempt employees and Holiday in California fun stuff right?

Hello,JA: Hi. What do you want help with?Customer: Exempt employees and Holiday in California fun stuff right?JA: Is the employment agreement "at will," union, full time or part time?Customer: Here is the scenario. An Exempt employee requested vacation time, during the vacation time, we had a observed holiday. The employee was allowed to take the vacation time and use accrued vacation, however, because the employee did not request the vacation time two weeks in advance, the Opes Manager refuses to pay her for the holiday and is requesting she use vacation to cover the holiday.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Anything else you want the lawyer to know before I connect you?Customer: Did you receive the scenario/situation I need guidance on?

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John

Attorney

Doctoral Degree

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My doctor placed me on disability after I had a non work

My doctor placed me on disability after I had a non work related accident. My medicAL release to return to work was dated Dec 31, 2017. Our office was closed on Jan 1st and Jan 2nd, 2017, so my first day back in the office was Jan 3rd. My employer denied my holiday pay, yet all other employees were paid for the holiday of Jan 2ndOur policy states the employee will not be paid if they had an unapproved absence in the days preceeding the holiday. The holiday will be paid if the time off preceeding the holiday was approved or taken as vacation. The policy states that the days preceeding aND immediately following a holiday must be worked unless time off was approved in advance.Is it legal for them to deny my holiday pay? I fall into a grey area. I've been here for 20 years and I also received a PIP 4 days after I returned to work.

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Patrick, Esq.

Doctoral Degree

19,468 satisfied customers
I believe this is an employment law question. I have been

Good morning. I believe this is an employment law question. I have been working with my employer since September of 2015. There has been a very high turnover rate and in the midst of this, I was promoted in April 2016. Since then, there has been more employee turnover and I've basically become responsible for running a program on my own. I have asked numerous times for a role agreement and have yet to receive one and our HR policy states that a role agreement is to be signed within the first 30 days of employment. I have also reached out to HR and they simply told me to ask my manager again. I have been overworked and underpaid and wanted to know how I should move forward.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: This is DC.JA: Is the employment agreement "at will," union, full time or part time?Customer: At willJA: Anything else you want the lawyer to know before I connect you?Customer: That is all I can think of for now. Thank you

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John

Attorney

Doctoral Degree

8,756 satisfied customers
I am an hourly-rate (non salary) full-time manager for

Hello. I am an hourly-rate (non salary) full-time manager for Abercrombie & Fitch in San Francisco, CA. I worked 7.85 hours on Thanksgiving (a paid holiday) then 12 hours on Black Friday (not a paid holiday). Employees often clock in before 6 am on Black Friday because it is considered the previous business day and they are paid the Thanksgiving holiday pay for their entire shift. My company clocked me out at 5:59:59 then clocked my back in at 6 am. When consulting them they stated it was because it was the "end of the business day" but they have never done that for any other shifts when I've worked before 6 am. They also did not clock out/in part time associates who clocked in before 6 am. I feel like they did not want to pay me for holiday overtime pay (past 8 hours). After looking into the timesheets and speaking with many upper-management they only changes the punches of managers who worked both Thanksgiving and clocked in before 6 am on Black Friday.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Is the employment agreement "at will," union, full time or part time?Customer: Full time at willJA: Anything else you want the lawyer to know before I connect you?Customer: No thank you.

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Patrick, Esq.

Doctoral Degree

19,468 satisfied customers
I'm on medical leave due to multiple surgery's and have been

I'm on medical leave due to multiple surgery's and have been given a return to work date of 11/23 by my doctor my company has responded by telling me to return to work 11/28. I'm assuming that that they don't want to pay me the two holidays pay I would be eligible for by working the day before the holiday is this legal? I have been out of work since 9/12.

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Patrick, Esq.

Doctoral Degree

19,468 satisfied customers
I have worked as a Family Nurse Practitioner for 23 years at

I have worked as a Family Nurse Practitioner for 23 years at a Community Health Center. I officially "retired" at age 66 and immediately starting working PT there, accruing ETO and partial Holiday Pay.I have a Masters degree but I am not Board Certified.Last Thursday he HR Director called me and informed me that unless I am Board Certified I could not work as it my services could not be billed. We are a Federal health care center. I was scheduled for the following day and was told I could work that or not, I chose not to and did receive pay for that day although I have notcashed the check or signed their paperwork.Here's my question:When was the Clinic advised of this regulationWhy wasn't I told in advance so I could start studying or plan my budget correctlyWhy has the other PT NP still working there despite not having finished his Masters and not being Board Certified?I have worked an average of 40-60 hours amount consistently since I retired from FT.We receive notices from Credentialing Dept when our licenses are getting within 3 months of expiring ( I recently did) and they notified meWe have had many personnel changes in the HR dept and a new Credentialling personI was the oldest employee there. Almost 68.No other reason was given .Does this sound right?

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Law Educator, Esq.

Attorney At Law

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