California labor code section 2802 states that the employer should cover all the expenses which an employee incurs due to business purpose. Thus, if an employee buys any type of tools, supplies or equipment that are needed to complete their task, then the employer will have to reimburse the expenses incurred by the employee.

Labor Code Section 2802 states that:
The employer will have to reimburse any expenses or losses which an employee has to incur while going about his official duties or on the orders of his or her employer. Even if the duties were not lawful the employer is entitled to reimburse the amount in case the employee was unaware that the instructions were unlawful.
Any awards issued by the court of the Division of Labor Standards Enforcement for reimbursement of the expenses under this section shall include the interest just like the judgments of civil actions. The interest shall be levied from the time when the employee had to bear the expenses or loss.

The term ‘necessary expenditures or losses’ also include the fees which the employee has to pay to the attorney to enforce the rights which this section grants them.
Mileage is often ignored and in case the employer asks you to make use of your personal vehicle for the company, then you should be reimbursed for those miles. Presently the IRS suggests that around 55 cents should be levied for every mile. You should bear this in mind and in case the employer is unwilling to reimburse the whole amount, then you can seek assistance from an employment attorney or a tax professional who will guide you during tax time.

You should know your rights in case an employer tries to tell you that this is a part of your job and there will be no reimbursement, or in case the employer makes you believe that this is expected of you since you have got a promotion or are now at a particular designation.
Your employer may tell you that the distance is not too much and so you should not create an issue, but remember that even these small distances traveled everyday are sure to increase your mileage considerably every month.
The expenses of uniform too are not calculated correctly. The company needs to give you any particular items which they need. In case these items include the below mentioned characteristics then the employer will have to reimburse the amount you have spent:

If the employer makes it mandatory for you to purchase the item from them directly.
In case they specify a particular brand or include the logo of the company on the uniform.
In case the item is specially designed for your profession, for instance, a bullet proof jacket.

Labor Laws are not quite simple and in case you have any queries about the employment then you should get in touch with United Employees Law Group, who will be able to assist you in knowing your rights and will also evaluate the situation without levying any charges.

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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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California labor code section 2802 requires that all employment related expenses be covered by the employer. This means that any tools, equipment, supplies and uniforms that the employee purchases which are necessary in order complete their work must be paid for by the employer.
Labor Code Section 2802:

a) An employer shall indemnify his or her employee for all
necessary expenditures or losses incurred by the employee in direct
consequence of the discharge of his or her duties, or of his or her
obedience to the directions of the employer, even though unlawful,
unless the employee, at the time of obeying the directions, believed
them to be unlawful.
(b) All awards made by a court or by the Division of Labor
Standards Enforcement for reimbursement of necessary expenditures
under this section shall carry interest at the same rate as judgments
in civil actions. Interest shall accrue from the date on which the
employee incurred the necessary expenditure or loss.
(c) For purposes of this section, the term “necessary expenditures
or losses” shall include all reasonable costs, including, but not
limited to, attorney’s fees incurred by the employee enforcing the
rights granted by this section.

The most commonly overlooked expense is mileage. If your employer requires you to use your own vehicle for company uses they should be reimbursing you for those miles. Currently, the IRS recommends a rate of .55 cents per mile. Keep in mind this is a guideline and if your employer is not reimbursing the entire .55 cents per mile you may be able to collect the difference with the help of an employment attorney or with the help of a tax professional during tax time.

Be wary of an employer that tells you it is part of your job, and your regular pay covers the expenses, or if an employer makes you feel like it is expected now that you are a manager or any other job title. You may be told it’s not very far so you should just be a team player. However, 5 miles every single day to go to the bank or to another company location can add up quickly.

Another reimbursable expense that is often done incorrectly is for uniforms. The company should provide to you any special items that they require. If these items have any of the following characteristics it’s likely that you should be reimbursed if you have paid out of your own pocket:

• If you are required to buy the item directly from your employer.
• If the item must be a specific brand name or have a company logo on it.
• If the item is a specialized garment designed specifically for your industry, ie. bullet proof vest

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact UELG today. We can help you understand your rights, and in many cases will review your situation without charge.

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Travel time and mileage reimbursement can get a little tricky and is a common area that is improperly compensated to employees. The Department of Labor has issued several memorandums on these topics to help guide employers to pay this correctly, but it seem to be a constant source of confusion. Here are a few basic guidelines for travel time pay:

• Ordinary travel between home and work is not compensable time, even if the work location changes periodically within the same commuting area.
• If an employee is traveling to a different city (outside normal commute) and back again in one day, you must compensate the employee for all travel time during that day.
• If an employee arrives at any work location, and then travels to another site as part of their work duties, the travel must be counted as work time.
• Travel that keeps an employee away from home overnight is treated differently. The employer must normally only pay for travel time which occurs during normal work hours      (even if on a weekend).
• Keep in mind that the above rule for overnight travel only applies if the employee travels as a passenger.  If the employee drives himself, or any coworkers, consult your legal counsel on whether the trip is compensable.

The interesting part of travel time laws is that it does not specifically define the difference between a “long commute” and “travel” so this is often where the confusion begins. But this is why it’s important to consult an experienced California labor law attorney.
Travel time and mileage reimbursement seem to go hand in hand. If a company vehicle and gas card is provided to you, then mileage reimbursement would not apply. But if you drive your own vehicle and pay for your gas while traveling for the company, then you should be reimbursed for your mileage. The IRS recommends a rate of .55 per mile; this is what they will allow you to claim on your taxes. It’s important to note that this rate is not required by law. Companies may fluctuate in rate but they must be able to show how they arrived at the rate they are paying for mileage.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a San Francisco labor law attorney who can help you understand your rights and UELG will never charge anything unless we win your case.

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Below are some of the instances where employers are faulted for not paying their employees for travel time:

• Assignment to make deposits at the bank as you leave work to go home.
• Collecting the mail on your way to your work place
• Demanding that an employee’s unpaid lunch time be used driving from place to place at work
• Demanding the presence of employees at the office before formal resumption at off-site locations and considering only time spent off site for their pay
• Having an employee pick up another to bring to work location.

While these points above are often noticed, the following also happen and are just as wrong:
In the case where employees have to drive around and work off site, sales representatives may have their locations varied from day to day. For good service rendering, it is necessary that these employees map out a good plan for the day prior to setting out. At certain times, they might need to access the company from home to find out about relevant details and also submit daily reports. In this case, the right thing is to have the pay start running as soon as the employee starts planning his day and end after his final reports have been sent in.

There are complexities with Labor law.  If you need help with some questions about your employment, a Fresno labor law attorney will be of help. In this case, the attorney should be able to understand what you want and are entitled to.
United Employees Law Group is here to assist you and we never charge a fee until we win your case.
For any question regarding this article or our blog post, you can call: Toll Free: 1-888-455-7434

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It’s that time of year again, yes the holidays too, but with the end of the year comes TAX TIME! If you own a business or work as an independent contractor you are probably well versed with your deductions and either can’t wait to add them up are dreading the big bill to Uncle Sam. On the other hand most employees just file what the w-2 says on April 15^th and wait for their tax return, BUT are there deductions you can take too. What about your boss are they using you as a deduction where they shouldn’t?

Time to double check your paystub, there are only a few LEGAL deductions an employer can make from your paycheck and it pays to pay attention.

Of course it is the HR department’s job, along with payroll to make sure your check is calculated correctly, but this is easier said than done and you may be surprised at the number of mistakes that go un-checked, mistakes that may be costing you big. The company has the right and in fact, is required by law to make some deductions from your check, such as income tax and social security contributions, but are you sure you know everything coming out of your check each pay day?

Is your company overstepping and deducting additional items from your check? This is essentially stealing; if your company is trying to deduct their cost of doing business from your paycheck you need proper representation as soon as possible. It is best to have a professional help you address this rather than going to the company yourself. The team at UELG can verify if in fact the deductions were made in error and help you collect in a manner that will help ensure you get everything you are owed.

Here are a few of the deduction you may not realize you should NOT be paying for:

These are the most common issues we see with deductions.

-Employer deduction for tips. Your tips are yours, they are gratuity left for you for a job presumably well done and CANNOT be re-appropriated by your boss. You cannot have tips deducted from you minimum wage either.

-Should your employer need or want photographs for interviews or employment , they must pay for them.

-Employees who are required to be insured or bonded must be covered under the employer and/or the policy paid by the employer.

– Uniforms must be purchased or reimbursed by the employer, other that your footwear almost all other REQUIRED apparel is the responsibility of the company to pay for.

-Business expenses are just that, you cannot be required to pay out of your pocket any expense that is a necessity to operate the business in question. This includes entertaining clients, travel expenses and meals anytime you are required to work off-site, phone bills for work use, etc. Your company writes off business expenses even if you are a sales person, if you are an employee and not a contractor, you are not responsible for business costs, that includes the cost of GETTING business.

-All drug or health checks required by the employer or by law for employment are the sole responsibility of the company.

Seen any of these on your check stub? CALL US NOW, we can help you separate the legal from the cheating and help you get what you are entitled to.

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Get reimbursement from your employer for using your cell phone for work.

Have you ever been asked by your boss to use your cell phone for official business calls? At Schwan’s home delivery there was no reimbursement for using personal mobile phone for business calls. This irked a service manager named Colin Cochran who filed a suit against his bosses at Schwan’s when they did not agree to reimburse the money he had spent making business calls from his personal cell phone. Soon other service managers too ventured out and jointly they had filed a Class Action lawsuit. The case (Case No. B247160) was heard at the Court of Appeals in California. The court then gave the verdict that if an employee or team member makes use of his/her personal phone for business calls, it is mandatory for the employer to reimburse the proportionate amount of their cell phone bill.

The court referred to Section 2802 of the California Labor Code and based its verdict on it. The summary of the decision is:
The employer has to cover the expenses and/ or losses which an employee has to bear while going about his official duties or while following the orders of his bosses.

Interest may be levied if there is a delay in the reimbursement if it has been awarded by the Division of Labor Standards Enforcement or the court itself. The interest shall be calculated from the date when the employee had to bear the expenses or the losses.
Henceforth the term ‘necessary expenditures or losses’ shall refer to all the reasonable expenses, including the attorney’s fees which the employee had to pay in order to enforce his or her right to this section.

The case will then be redirected to the district court for class-action certification under which the entire class of 1500 members will get the chance to jointly sue Schwan’s Home Service.

If you are working a situation where you have been designated as an independent contractor when you should not be, this often leads to being denied reimbursement for qualifying expenses. We have tried many cases for exactly this reason. Not only could you stand to collect the expenses, but if you were misclassified you could be owed back overtime, wages, interest and penalties. There is a strict 4 year statute of limitations on employment cases like this so DO NOT WAIT, you could be owed a lot of money and UELG helps employees collect. CALL TODAY

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Unique Differences in California Labor Laws explained by California Labor Law Attorneys.

If you are a California worker, you will be glad to know that you have some very special and unique rights that are under the California Labor Law. The Seyfarth Shaw law firm recently released a brand new edition of the Cal-Pecularities. This is simply a publication that explains how California employment laws are very different from the other employment laws in various states.  This book has over 200 pages that cover a variety of issues from rare cases of excessive cell use to wage and hour disputes to HIV/drug testing.
The book in its entirety can be viewed at www.seyfarth.com
Seyfarth Shaw law firm has pointed out that the California employment law tends to be more expansive , in many instances, than the federal law. Some examples are but not limited to the following:

• California Far Employment and Housing Act or FEHA:  FEHA prohibits employers from retaliating or committing discriminatory acts against an employee that files any type of discrimination complaint.
• Hour and Wage Laws : California has very straight forward laws when it comes to the misclassification of any employee, rest and meal times, bonus pay, reimbursement for travel, and “ off the clock” pay.
• Employee Privacy Rights: California privacy rights apply to not only private employers but government employers as well. This can include a number of things such as , emails, voicemails, background checks, and video surveillance.
• California Family Rights Act: When it comes to family leave, California has a liberal policy. If you are a pregnant woman, the Family Medical Leave Act states that you can have 12 weeks of leave from your employment, but California law states you can have up to 4 months.

The uniqueness of California Labor Laws most likely began when the Private Attorney General Act of 2004 for was passed. This law gives citizens the right to pursue civil penalties on behalf of the State of California Labor and Workforce Development Agency, just as long as there is a formal notice and all the waiting procedures are followed. Basically, this means that an employee that has had their rights violates are allows to act as an attorney general. Any penalties that are recovered , will be split between any parties involved with the Labor and Workforce Development Agency ( LWDA). The LWDA will receive 75% of what is recovered while the employee receive 25%. This law tends to give an employee a large amount of power to sue employers who do not follow the California labor codes.

If you have questions about your employment rights, be sure to contact a California labor law attorney.

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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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In California the labor law requires that employers cover the cost of doing business and that they cannot pass those costs off to their employees. However there are some instances when employees need certain tools, materials, uniform items or to use their own transportation. This is when the employer should be paying back the employee for the cost of making these purchases or using their own vehicle and gas for company use.

One of the most common mistakes employers make is asking their employees to run errands without compensating them for either the time or mileage. Say for instance you are working for a retail chain store of any kind and your inventory has just run out on certain items; you are now required to call other local stores to see if any of them have any inventory to spare. Now you must hop in your own car and drive to pick up the needed inventory.

1. Did you make sure you were still on the clock and paid for time while you did this?
2. Did you report your mileage to your manager after returning?

Both your time and your miles need to be paid to you. Currently the IRS has set a guideline of .55 cents a mile. Your employer’s pay rate should be at or close to this rate, and your drive time should be paid at your regular rate of pay.

Another common problem is uniforms. If your employer requires that you purchase anything directly through your employer there is likely a flag on the play. Having a dress code is not the same as requiring you to purchase specific brand names or buy an item with the company logo on it. Consulting a labor law attorney regarding this issue is always a good idea.

Lastly, tools and supplies are something that may or may not be reimbursable. For instance, mechanics often supply their own tools. However, the specialized equipment in the shop should be provided by the company. Also items like gloves and safety goggles are likely reimbursable expenses.

Most of these reimbursable expenses can be deducted from your taxes at the end of the year but only if your employer did not reimburse you for them. No double dipping.

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.

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