California Employment Law

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My daughters employer, a Lice removal service, has given her…

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My daughters employer, a Lice...
My daughters employer, a Lice removal service, has given her 24 hours to sign a 'Employee Non-Disclosure and non Solicitation' agreement. Her continued employment depends on signing. The agreement states whether fired or quitting for FIVE years after termination
she cannot work for another lice removal company in any capacity. If terminated (or quit) within a year, the company requires repayment of 3000.00 for 'training' which is provided by another hourly employee. This company requires employees to 'make up' any
hours lost to sick time, child's conferences or illnesses. She has been required to work 10 hour shifts without even a break. On her on call days, she will have appointments hours apart, miles apart and is not paid mileage. when she is in the shop, the hours
between clients are not paid. She can be away for 11 hours and paid for 5 Is any of this legal?
Submitted: 3 years ago.Category: California Employment Law
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6/19/2015
California Employment Lawyer: Patrick, Esq., Lawyer replied 3 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,543
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
Assuming she is an employee (paid via W2) rather than an independent contractor) most of what you describe is not legal. For one, any agreement which operates to prohibit an employee from competing is going to be void and unenforceable pursuant to Business & Professions Code 16600. There are some very limited exceptions to this that do not apply.
Not only must mileage be reimbursed for driving between appointments, but the actual driving TIME must be compensated at the employee's regular hourly rate. Breaks must be provided every 4 hours and a lunch break if the employee works more than 5 hours.
Paying back money for training costs is usually legal. So is a requirement that an employee make up missed time.
However, given the numerous serious issues raised in your post, your daughter should immediately consult with a local employment attorney to determine her best course of action moving forward. See here to find someone in your area who can help: https://www.cela.org/?page=4
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
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