California recently made a significant change with its labor laws, specifically about piece-rate compensation. If you are an employer that pays your employees by a piece-rate system, then you should know about this recent change. Otherwise, you could be unknowingly underpaying your employees, which can easily lead to an expensive lawsuit for you.

On the other hand, if you are an employee, then knowing about this recent change entitles you to proper compensation set by California’s labor code.

What Is It?

In some industries, it’s common for employers to pay their employees by “piece-rate” system. If an employee is on a piece-rate system, he/she gets paid for every completed task or per the number of produced units.

Common Examples:

* Carpenters that are paid by the yard
* Technicians that are compensated based on the number of units installed
* Nurses that are paid based on the number of procedures done
* Factory workers that are paid on the basis of the number of widgets he/she can produce

When practiced correctly, the piece-rate system encourages increased productivity, which is good for the employer. Employees also get the benefit of having the opportunity to earn more compared to a fixed hourly rate system.

The New Piece-Rate Compensation

California’s new piece-rate compensation is also known as the AB 1513. It went to effect last January 1, 2016. Under this recent change, California piece-rate employees must be compensated for non-productive time on top of what they are getting from the piece-rate compensation.

The additional compensation is determined by dividing the worker’s total compensation for the workweek by the number of hours worked during the same workweek. Calculations can easily get confusing, and that’s why it’s best that you consult with a professional to avoid costly problems.

Are There Any Exceptions?

Some employees may be exempt from this new change. One good example is when the employee is being paid on a commission basis. Before a compensation can be considered as a “commission basis,” the pay must be on a percentage basis in relation to the sale price.

While the employers have control on the design of the piece-rate compensation, it is not possible for the employer to opt-out from paying compensation for non-productive time. The compensation for non-productive time is based on the average hourly rate. Also, piece-rate employees must be paid for overtime. The technical details of the new change can easily get confusing, and it’s best that you consult with the appropriate professional as soon as possible.

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The Four Most Common Mistakes Made By Employers According to the California Labor Laws

The California Labor Laws are constantly changing. It is common for employers in California to acknowledge myths as fact when it comes to their employees and the compensation.

Although most of the violations are found in small to medium sized companies who do not have a large human resources department or labor law attorneys, larger companies are just as guilty when it comes to some of the same violations. There has been an increasing number of California class action lawsuits that have been filed over the last 10 years, causing California to be where the most class action cases with a variety of protection available to any California employee.

There are four most common violations that employers make:

1.      Employers sometimes misclassify their employees as overtime exempt. This simply means that they pay their employee a regular salary and then have the employee work more than 8 hours a day or 40 hours a week without overtime pay. When it comes to this scenario, sometimes an employer will not give an employee an uninterrupted 30 minute lunch break. These are both examples that are considered a violation of the California Labor Laws and give the employee the option to file a wage claim.

2.      Another common violation is when an employer has their employees pay for all or just some of their expenses that are related to their work. It is very common for employees to use their own vehicle to run work errands. The truth is, that unless work related expenses are stated as part of employee compensation in a work contract, they must be paid back for what they spend. Another form of these violations is when an employer asks an employee to use their own home phone or cell phone to make phone calls outside of work hours; any charges that have been incurred should be paid back.

3.      An employer has a “Comp Time” policy. Comp time is when an employer has its employees stay late or come in early and not have to pay overtime. Instead, they allow the employee to leave early or come in late on another day.

4.       Another common issue is forfeiting vacation time. When an employee is terminated from their job, they must be paid for any vacation time that was earned, as well as their final wages. It is considered illegal under the California Labor Laws to have a “use it or lose it” policy.  The employer is allowed to pay for any unused vacation time, because vacation time cannot be taken away or expire once earned in California.

Our attorneys have prosecuted over 1500 class action proceedings as well as over 700 individual proceedings that are related to California employment.

If you believe that you have experienced any of the violations that are listed above, do not hesitate to speak to United Employees Law Group, as soon as possible.

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Years go by, but some things never seem to change. No matter how many new laws are put in place to protect people, there are still those willing to act with bigotry and malice toward their fellow man.  There were several new and updated labor regulations passed last year and yet many employers continue to violate these laws and mistreat employees on a regular basis.

Are you wondering if you are being discriminated against? Have you been treated unfairly, but aren’t sure if you have an actual discrimination case? United Employees Law Group has been helping employees prove and win cases of discrimination long enough to know the ins and outs, but more importantly we know that most people willing to break the law don’t just break one. We will go through your case with a fine tooth comb and determine ALL areas of violation being perpetrated by your employer.  It doesn’t need to be just your current job either.  In California you have up to 4 years to file a case against your employer for labor code violations, which means everything from discrimination to overtime violations or unpaid final wages.

Below are some of the common complaints and issues we see that can be addressed through the law:

•             Hateful or hurtful speech, jokes repeatedly made at ones expense based on a difference.

•             Obvious preferential treatment for an individual or group excluding others.

•             A supervisor who fails to or refuses to address the problems posed by an employee.

•             Shifting or changing company policy to suddenly affect only a specific group of employees.

•             Problems between employees that are personal in nature and go unresolved.

If any of this sounds familiar then you may have a good case for a discrimination claim.  Whether you still work there or were wrongfully terminated, you need the right attorney to help you navigate these rough waters. Call now before any more time slips away.  You have a limited time to file, and the sooner you do the more you are likely to be able to collect.

Your call is completely free and confidential, don’t wait!

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Despite a wave of class action lawsuits, California employers continue to find ways to deny their workers overtime pay. Under California law, all employees are entitled to overtime pay unless they are considered “exempt.” Exempt employees are typically professionals, administrators, or executives whose jobs require, among other things, a high degree of independent judgment. They must earn at least two times the minimum wage (approximately $37,400 per year) and more than fifty percent of their work must consist of non-exempt duties such as clerical duties, customer service, or working along specialized technical lines. A common strategy for employers is to misclassify employees as managers or assistant managers in order to avoid paying overtime; however, it is the employee’s activity and not their job title that determines whether overtime is due. Unlike federal law that focuses on the “primary duty” an employee is expected to perform, California law is based on what work the employee “engages in” or actually performs. For example, if a “manager” in an automobile company spends more than half of his time working on the line – the same activities performed by non-exempt employees – that manager may be entitled to overtime pay for all time in excess of 8 hours per day or 40 hours per week.

Many times, an effective way to combat such tactics by employers is for an employee to file a class action lawsuit. If one individual files a lawsuit and prevails, the amount the employer pays will likely not be enough to change the employer’s wrongful practices. Most employers conduct a cost-benefit analysis. Typically, it is cheaper for them to account for paying one or two employees in a lawsuit than paying all employees overtime pay. On the other hand, if one worker brings a lawsuit on behalf of all similarly situated workers, the amount potentially owed by the employer will be significantly more substantial and thus give them an incentive to comply with the law. Furthermore, an employee who takes the initiative to file a class action will typically be awarded more money than those workers who sat idly by and did nothing. Many class actions for overtime pay are successful because employers do not keep a record of exempt employees’ hours or the activities they engage in on a daily basis. Even better, in California, a single class representative may initiate a California class action lawsuit.

In addition to “misclassification,” some employers will pay overtime but not at the required one and a half times the employee’s regular rate of pay. Other typical class action lawsuits include claims for missed meal breaks and rest breaks, failure to pay for business miles or travel time to/from different business locations, paying bonuses but not paying overtime, making employees pay for their uniforms, paying employees with a check that requires a fee to cash, and not paying for mandatory company meetings.

If you believe you are owed overtime or other pay, you could be awarded damages in a class action lawsuit. Contact United Employees Law Group to learn about your rights and receive a complete evaluation of your situation.

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There is no argument over the fact that the State of California is one of the best for employees because of the implementation of California Law regarding overtime. The state of California has always kept the protection of its citizens and their professional lives as a top most priority. Employees working on minimum wage who are living hand to mouth can’t put their jobs on the line, and this very fact is taken advantage of by the over demanding employers who force them to work overtime without expecting any sort of compensation for it.

This is where the Law steps in. It takes the FLSA (Fair Labor Standards Act) legislation and modifies it a bit to add more protection for the workers who are often left at the mercy of such harsh employers.
According to the legislation, any number of hours worked over 8 hours a day or 40 hours a week is generally considered overtime for a non-exempt employee. The California Labor Law regarding overtime explicitly states that an employee has to be paid at a rate of one and a half times the employees determined pay rate while if he has to work anything above 12 hours a day, he is to be paid at a rate of twice as much as his ordinary pay rate for all of the additional working hours.

However, hardly would anyone be able to find any sphere of life where dishonest practices are completely non-existent. And the California Labor Law would not be an exception in that regard. There are two major ways in which the law is abused which are mentioned below:
Considering the employee falls under the category of an exempt to rob them of their right and expect them to work overtime without any sort of compensation. This is termed as misclassification.

Off the clock
According to the California labor law regarding overtime, every single employee is accustomed to be paid additionally for all of the extra hours regardless of if it’s before clocking in or after it. To give you a better idea, it is indispensable to mention here that in jobs where the employees are supposed to change uniforms during off the clock hours, they are to be paid an additional amount even for the time which is spent in changing the uniform. Another perfect example can be that of an assistant manager. If such an individual is spending most of his time in accomplishing the office tasks which are identical to the tasks of an hourly employee and is working overtime as well, he is accustomed to be paid an additional amount for the overtime.

Think about it with a clear mind, you may as well be a victim of such law abuse. If you have been forced into the category of an exempt employee or are not being paid accordingly for the extra hours that you are ordered to put in, it is time for you to engage a San Diego Labor Law attorney and stand up for your right.

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Under the California labor law what determines whether a worker is an independent contractor or an employee depends on several different things, all of which must be well thought-out, but none of which is a sole determinant.

Among many factors are these three important considerations:

• Does the employer have direct control or the power to control the manner and means used by the worker to carry out his/ her work?
• Does the employer supply the worker with the tools and place to implement the work?
• Does the worker have a set schedule or is he/ she at liberty to establish his own schedule?

Generally, California labor law dictates that the more control an employer has over a worker’s day-to-day responsibilities, the more likely the worker is an employee. The less control an employer has over a worker’s day-to-day responsibilities, the more likely the worker is an independent contractor.

What is the impact of a misclassification of workers?

Whether the misclassification of workers by employers is deliberate or not deliberate, the consequence to the employer is the same. California labor law imposes costly penalties on employers who have improperly classified an employee as an independent contractor. Depending on the circumstances, an employer may also be liable for other damages under applicable laws, such as a judgment for wages owed, payroll taxes or medical expenses for a worker who has been injured on the job. California labor laws as well as federal labor laws are strict when it comes to allowing for independent contractor status.

Misclassification of independent contractors prevents workers from enjoying the benefits and protections afforded employees under many of today’s California labor laws, including minimum wage and overtime, meal and rest periods, workers’ compensation, unemployment and disability insurance benefits and anti-discrimination laws. Talk to a California-labor-laws-attorneys.com Lawyer when you are ready we will work for free until we win.

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California labor laws will penalize employers if they do not follow the laws requiring that all non-exempt or hourly employees are to be given breaks and that penalties will apply if this is not done correctly.

California labor law mandates 30 minute meal breaks be given to hourly employees if they work six hours or more. To be more specific, the meal break must occur within the first 5 hours. Also, if the shift lasts longer than 10 hours the employee is entitled to a second 30 minute meal break. These meal breaks must be offered and should not be interrupted.

Labor Code section 512:

An employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than 30 minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. An employer may not employ an employee for a work period of more than 10 hours per day without providing the employee with a second meal period of not less than 30 minutes, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and the employee only if the first meal period was not waived.

10 minute rest breaks are required to be given for every 4 hour period an hourly employee works unless the entire hours worked are less than 3.5 hours. These rest periods are paid, so time should not be missing from your pay for taking these breaks.

IWC Order 12-2001, Section 12 (A)

12.(A) Every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period. The authorized rest period time shall be based on the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours or major fraction thereof. However, a rest period need not be authorized for employees whose total daily work time is less than three and one-half (31/2) hours. Authorized rest period time shall be counted as hours worked for which there shall be no deduction from wages.

Penalties for not receiving these breaks are usually awarded at an extra hour of pay for every day that there is an issue with any of the breaks.

IWC Order 12-2001, Section 12 (B)

B) If an employer fails to provide an employee a rest period in accordance with the applicable provisions of this Order, the employer shall pay the employee one (1) hour of pay at the employee’s regular rate of compensation for each work day that the rest period is not provided.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a California labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

If you have any questions about this article or our blog, feel free to call us at:
San Diego – (619) 342-1242 or (619) 272-2193

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• Social Security Tax Exemption

The HIRE Act exempts employers from paying the 6.2% social security tax for new employees hired after February 3, 2010 and before January 1, 2011. However, the new employee must have been previously unemployed or worked less than 40 hours per week for at least 60 days and does not replace another employee. The bill encourages businesses to hire early in the year because savings accrue as payroll is processed. The tax relief applies to all employers, including non-profit organizations and universities, and there is no cap as to the total amount of tax relief that can be claimed by an employer.

• Tax Credit

For each qualifying new employee, the employer may claim an income tax credit. The amount is either $1,000 for each employee hired after February 3, 2010 and retained for at least a year, or 6.2% of wages paid to the qualifying employee over the period of a year, whichever is less. Unemployed workers should be aware that employers may ask them to sign an affidavit indicating they have not been employed or employed for no more than 40 hours per week during the 60 day period prior to beginning their new employment. This is a requirement under the new legislation.
Thankfully, in IR-2010-33, the IRS announces it is in the process of developing a standard form that can by used by all employers to obtain the required statement.
According to IRS Commissioner Doug Shulman, these tax incentives will “offer a much- needed boost to employers willing to expand their payrolls, and businesses and non-profits should keep these benefits in mind as they plan for the year ahead.” The tax benefits primarily benefit those employers who are filling new jobs, but the benefits are also available to employers who are filling existing positions where the former employee left voluntarily or for cause.

President Obama asserted that this new bill will “promote a strong, dynamic private sector” that will drive job creation. He stated that “…our economy is now growing again and we may soon be adding jobs instead of losing them. The jobs bill I’m signing today is intended to help accelerate this process.” He further indicated that although the bill was necessary, it is only one in a series of bills designed to encourage job growth.

While Democrats champion the HIRE Act, the bill is not without criticism. Many Republicans believe the bill will have little impact on unemployment. As reported by CBS News, there are estimates of roughly $250,000 new jobs by the end of the year, but “the Associated Press notes that this is a relatively insignificant figure in light of the fact that 8.4 million jobs have been lost in the recession.”

While the ultimate effect of the bill remains to be seen, unemployed California workers should take solace in the fact that strides are being made toward new job creation. If you are an unemployed worker and have questions about your unemployment status or concerns regarding inquiries made by potential employers, do not hesitate to contact an experienced California labor law attorney.

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Got Employer Issues? We have Answers!

Every so often, you hear about an ill-fated employee who got sacked because he could not show up for work as he was recovering from a work injury. This is not fair, it’s illegal in fact and instead of sitting and sulking at home, this is the time to find a lawyer. California employment law issue can now be resolved much faster thanks to the increased number of law services which take care of such cases.

Employees are often unaware of their rights and overlook little things that in reality are against employment law. So when people get wrongly terminated or have a harassment issue they hesitate to take the matter to the authorities. What is the reason behind this hesitation? Mainly people who have these issues don’t know where the right place is to look for help. For this purpose United Employees Law Group strives to provide valuable resources both in person and online.

Our lawyers are easily accessible through an email or a phone call. They get a general view of your case, do their research and then get back to you with answers quickly. When you are dealing with discrimination or illegal termination the last thing you need is to sit around for months waiting to get help. We strive to get you answers as quickly as possible. No one wants to have employer problems, but most of us will face them at some point in our lives. Many of these unscrupulous and illegal actions go unpunished simply because employees fear that fighting them won’t be worth it. This is what we are trying to fix.

California employment law issues can be solved. With the proper knowledge of the law we can not only help you understand your rights but help you determine what rights have been violated, often the case spans more areas than you even realize.

Call Today and speak with the team at UELG 

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Welcome to the 21st century. You have so many rights at work you can’t even keep track of them. No longer can an employer get away with paying terrible wages and abusing workers; or can they?

The laws may be in place to protect employees, but someone still has to speak up and bring light to the situation. Everyday unfair or unwitting employers violate the rights of their workers by breaking different laws, whether wage and overtime violations or discrimination and so on.

Nothing will get better unless you report it, and thanks to the new laws passed last year you are even further protected. Anti retaliation laws have been beefed up so that any employee who reports wrong-doing, even suspected, is guarded from adverse action.

What do anti retaliation laws do for me?

The thoughtfully constructed labor codes that govern the workplace specifically provide protection for an employee who files a complaint about violations they experience or witness. This means if you file a complaint with your boss, HR or even the labor board or an attorney, it is illegal for your employer or coworkers to mistreat you in any manner.

If you have filed a claim and subsequently been fired, demoted, denied hours or better shifts, or otherwise suffered adverse effects, those responsible are breaking the law.

YOU MUST SPEAK UP! If you are the victim of retaliation or fear you will be if you make your rightful claim of labor law violations, you need to call right away. United Employees Law Group is here to help.  We have helped employees collect damages after retaliations as well as assisting in resolving the matter of monies owed before such retaliation can take place.

Have the right team on your side. Call today for a completely free review of your case

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