There are several things you should know about reporting time pay in California. The law in California has different sections which are aimed at protecting the right of employees. There are different sections where the law protects you as an employee from different forms of exploitation.

Things you need to know about Reporting time pay in California

1. What is reporting time pay?

Some employees will call workers but the work can end up being assigned less than the normal work day work, in such a case, the employee will be paid for reporting to work. The law requires the employer to pay the worker for the time he worked and the rest of the hours will be paid under reporting wage rate. For example, if an employee will report to work and work for an hour instead of four hours, the employer will pay him on regular rates for the one hour worked and pay him based on reporting wage for the next three hours. If an employee reports to work and does not work at all, then the employer is obliged to pay for two hours based on waiting time.

2. Time paid as reporting time pay does not trigger overtime pay.

If an employer will be paid waiting time and the amount exceeds the normal pay rate, then the employer does not have to count the excess overtime. The law prohibits the act to avoid expatiation on employees.

3. Reporting time pay and meetings.

If the employer reports to work and he works for half the time he was supposed to work, then the employer can pay for the only time worked. There is debate on the amount the employee can be paid if he is called for a meeting during his work day and he was not on duty. But in normal cases the employee is paid two hours of normal work day as reporting time.

4. Exceptions to the reporting time requirements.

There are circumstances where employers are not entitled to reporting time payment. They include the following incidences:

When operation cannot begin due to threats to employer’s property, when civil authorities recommend for the work not to start

When public utilities fail to supply power or other amenities required for the running of the operations.

When acts of God such as earthquake cause an interruption which is beyond employers control.

5. What if the employee voluntarily leaves early?

If an employee leaves work early due to personal or other needs, the employer is not entitled to pay for the reporting wage.

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At Will Employment
Basically this means that the employee and the employer both have the right to terminate the employment relationship at any time, without giving notice or warning. Neither party needs to give a reason, and if they do give a reason it doesn’t have to be a good reason, it can be as ridiculous as they want. Which brings me to ….
Wrongful Termination
There are really only 2 ways in which an at will employment situation can have a wrongful termination. The reason for the termination must be based on either discrimination or retaliation. This is often confusing because if we look up the definition of discrimination in Webster’s dictionary we would find:
b : the process by which two stimuli differing in some aspect are responded to differently
However, under California labor laws Discrimination is not as broad. Instead it is narrowed to only include situations pertaining to:
• Ethnicity or national origin
• Age – over 40
• Gender – equal pay act
• Sexual orientation or gender identity
• Religion – religious garb
• Disability – medical issue
If a termination cannot be proven to be linked to one of these categories, then the only other way to have a wrongful termination is to have been subjected to retaliation.
Retaliation
Again Webster’s definition of retaliation is more broad than what California labor law will recognize. The dictionary describes retaliation as:
“to return like for like; especially : to get revenge”
And California labor law narrows that to pertain to whistle blowing, meaning that retaliation can usually only occur if the employee has blown the whistle or reported the company for breaking some kind of law, code, regulation or industry standard. A simple disagreement or reporting your manager for being unfair or unprofessional unfortunately will not qualify as retaliation or whistle blowing, even if that manager acts out in revenge.
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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Ever think, “It’s just a drop in the bucket?” You may be surprised just how fast all of those little drops ad up, and your paycheck could be a lot fatter than you think.

I know keeping stock of thousands of labor codes is not high on your list of priorities, but you may want to be aware of this one as it’s a simple mistake made every day that will cost you money.  The recently added labor law SB435 redefines and clarifies what breaks are and how they are to be conducted and PAID! Did you even know you were entitled to paid breaks?

15 minutes may seem like no big deal, but if you’re not getting those breaks they could add up to a lot of overtime, not to mention violations for rest periods. If you work in an office this is no big deal, but if you are working in the sweltering heat, freezing cold or exhausting manual labor, those fifteen minutes can go a long way to preserving your health and sanity.

What does SB 435 mean for me?
ALL workers are entitled to at least one 15 minute paid rest period for every four hours worked; new guidelines add the following:

#1 your break is to be a paid rest time.

#2 this is to be a complete rest period with no required duties performed.

#3 your break cannot be combined with your lunch period and is to be given as close to the middle of the shift as is feasible.

Note: if your shift is less than 3 hours you are not entitled to the paid break time.  In addition, as you ARE being paid, your boss has the right to control your activities. This means they are within their rights to dictate where you must take your breaks, and as such can also determine whether or not you can smoke since many facilities are now smoke free.

If you are not getting your proper break periods and your health or paycheck are being violated, there is help.

Trust United Employees Law Group to help you understand your rights.  We help employees recover the money they are owed every day. CALL NOW for your completely free and confidential consultation.

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According to California Labor Law, if an employer sends its hourly, nonexempt employee home before the end of a shift, that employee may be entitled to additional compensation, known as “reporting time pay.”

Section 5 of the California Industrial Welfare Commission IWC wage order provides that when an employee reports to work but is not allowed to work, or completes less than half of a shift (half shift is calculated at four hours) before being released for the day, then the employer must pay that worker for at least one-half of that day’s pay.

Section 5(B) of the wage order provides that if the employer calls the employee back to work that day and only allows the employee to work less than two hours, then the employer must pay its employees an additional two hours of pay.

There are a number of exceptions as follows:

1. Company operations don’t start or cease due to threats to employees or property
2. There is a failure of public services (electricity, water, etc.)
3. Natural disaster, etc. “not within the employer’s control.”

An employee will not qualify for additional compensation under this rule if he or she is not able or capable to work, or if the employee came to work late or was fired or sent home as a disciplinary action.

Reporting time pay for hours in excess of the actual hours worked may not be counted as hours worked for purposes of determining overtime compensation.

These rules do not apply to workers who are exempt and paid a salary because a salaried employee receives his or her full salary regardless of hours worked.

If you have experienced being released from work early and therefore you have not been paid a minimum of four hours, you may demand your unpaid minimum hours (“reporting time pay”).

If you have any questions it is advisable that you contact a California employment attorney to review your situation.

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You may think you are familiar with overtime pay, but did you know you may actually be owed overtime based on any commission or bonuses you make? Most employees are well versed on base pay, time and half and double time; this math is pretty straight forward. Not so if you are receiving commission or bonus pay on a regular basis. Provided you do not fall under the Salesperson Exemptions for overtime, such money should be included in the calculation of your overtime rate. For this reason, commission and piece-rate employees are a little more complicated.

There are two basic ways this can be calculated, based on the situation.

Number One: Your commissions or piece-rate will be considered your “regular” rate, the overtime rate is then one and a half times the money earned for any time over eight hours and two times that after twelve hours in a 24 hour period.  If you are paid $15 for each piece you sell (or build), and you make two per hour, your base rate would be $30 per hour.

With this rate your overtime for hours 8-12 would be $45 (30 x 1.5) and hours 12+ would be $60 an hour ($30 x 2). If you have been paid overtime on just your minimum wage pay it is easy to see how you could be owed a significant sum of money.

Here is a second method that may be applicable to your situation:

Number Two: First add up your total earnings for the week, including commission or regular bonuses, now divide that over all your hours worked, inclusive of the overtime hours. This is your BASE rate.

$15 (hourly) x 50 (hours worked) + $250 (commission) = $1000 (total earnings)

Then the $1000 is divided by the hours worked:

$1000 (total weekly earnings) ÷ 50 (hours worked) = $20 (The rounded base rate)

So overtime for the first four hours would be $30 ($20 x 1.5), and every hour after twelve, $40 ($20 x 2). That’s a difference of $7.50 per hour if your overtime was calculated on just your base rate.

With penalties and interest I’m sure you can see how this would add up pretty quickly.

Time is MONEY.  Make sure you aren’t giving it away. If you are entitled to overtime and you have variable income like this, you should get a second opinion and make sure you are being paid properly.  In some cases such as smaller companies it may be an actual mistake, but not knowing is not an excuse for not paying. Give us a call today or fill out the form here and we will be happy to look at your situation. If you are owed money from your employer you need the right representation to collect.

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Once you are on the job and under the control of your employer, your workday starts and at days end when you leave, your workday stops. Does your workday actually start and stop when you clock in or out? Not necessarily.
This is a story that shows there is more to this issue than one might think.

An employee arrives at work in the morning, has a quick meeting with her supervisor and then she starts up her computer. The employee then logs onto the computer by typing her user ID and password and hitting “Enter”. Once that process is complete, the employee logs into the system. She then opens any programs or applications she needs to perform her job. At the end of the day, the employee is required to follow the process in reverse, logging off and closing down her computer.
Until that employee is logged in and on line, she is not able to enter her start time. At the end of the day she is required to first sign out and then completes the log off procedure.
This system does not allow an employee to be paid for the time spent at work before she is able to log on by starting up her computer as well as being required to sign out and then closing down her computer. This time adds up to more than 25 minutes each day.

There are other examples of work time that must be compensated for under the law that could be overlooked, including changing into uniforms or work and safety clothing. Also included is the after hours preparation of paperwork and the scheduling of appointments for the next day.
Over the years the amount that is owed to an employee could and does add up into the tens of thousands of dollars, including penalties and interest.
An example of the penalties that may be relevant and that would add substantially to the amount owed by the employer is as follows:
1) Unpaid Overtime in Violation of California Labor Code Section 510 and Wage Orders No. 4-2001;
2) Unpaid Overtime (Fair Labor Standards Act);
3) Knowing and Intentional Failure to Comply with Itemized Employee Wage Statement Provisions (Labor Code § 226(a));
4) Failure to Pay Minimum Wage (Labor Code §§ 1182.12, 1197);
5) Failure to Pay Minimum Wage (Fair Labor Standards Act);
6) Violation of Labor Code § 2699; and
7) Unfair Competition in Violation of Business & Professions Code, § 17200, et. seq.

All of these claims are premised upon the employee’s right to be paid for the time spent at work.

California law defines the term “hours worked” as “the time during which an employee is subject to the control of an employer, and includes all the time the employee is suffered or permitted to work, whether or not required to do so.” That does not mean that the mere fact that an employer required an employee to do something renders the time spent doing the activity at issue qualifies as “hours worked”. For example, the California Supreme Court has acknowledged that an employee’s commute is not compensable simply because “the employees would not commute to work unless the employer required their presence at the work site.” The level of the employer’s control over its employees, rather than the mere fact that the employer requires the employees’ activity, is determinative.

Generally, if you believe you may be owed any back compensation you may make a claim going back up to four years.
It is not difficult to request a free preliminary opinion that helps you understand your rights and if you should consider filing a claim for any unpaid wages.

Being informed could be worth tens of thousands of dollars in your pocket.
Labor law is complex; if you have experienced any of these scenarios or have any questions regarding your employment it is recommended that you contact a San Diego labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

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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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The Warn Act was bolstered by a recent case in the Ninth District Collins v. Gee West Seattle.  In this case, the court addressed voluntary resigning of employees after such employees learn that operations of the employer are to cease and whether or not such resignation should be considered an “employment loss” under the Warn Act. The court decided in favor of the employees, thereby entitling them to 60 days of wages under the Warn Act. The court noted the employer only gave a few weeks notice under the faltering business provision of the Warn Act which typically allow 60 days notice to employees. Once the employer notified the employees that it was seeking a buyer for the business, many employees resigned and began seeking employment elsewhere. These same employees sued the employer for violations of the Warn Act arguing that they are entitled to wages under the Warn Act. The employer disputed the claim and took the position that since the employees quit, they are not entitled to monies under the Warn Act. Initially, a district court agreed with the employee, however the Ninth Circuit Court reversed this decision. The court opined that once the employer reasonably foresees a significant employment loss, this triggers protection of the Warn Act. In this instance, although the employer had such foresight, it failed to provide at least the 60 days required under the Act.  The fact, that the employees resigned, did not release the employer from its obligations under the Warn Act.

If you have been faced with layoff contact a California labor law attorney to examine your rights. You can reach us directly at: (619) 342-1242

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Wage Claims

Deductions from wages are prohibited by law unless the worker specifically authorizes it in writing in advance under the S13 Employment Rights Act 1996. This is so even if the money is owed to the employer by the worker.

It sometimes happens that a worker is dismissed but fails to return equipment or perhaps safety clothing which the employer has paid for or supplied. In this situation, the employer is still not entitled to deduct the value of the items from the final wages payment without written agreement from the employee.

In other words, the employer is not entitled to take the law into his own hands.

The employer is of course entitled to recover money which is due to him, but it cannot be recovered by deductions from the worker’s wages without the worker’s agreement.

Under The Act “wages” simply means “any sums payable to the worker by his employer in connection with his employment”. This includes any fee, bonus, commission or holiday pay, whether payable under the worker’s contract or otherwise.
Despite the fact that an employer has no work available, he or she is still obligated to continue to pay employees who are willing to work.

Employees should also receive pay if they are sick or away on parental leave. This pay, though, may be less than normal depending on the contract. By law, most employees are entitled to the legal minimum statutory sick pay.

There are a number of circumstances where an employer can make deductions from an employee’s pay.

* Deductions for tax and national insurance are legal requirements.

* Furthermore, a clause in the employment contract can allow for deductions that cover union dues or

* payments to a pension scheme.

Other deductions will have to be agreed in writing before they are carried out. If an employer decides a deduction should be made, he or she must write to the employee giving details of the deduction. The deduction should be made within 12 months of the discovery of the shortage.

If a worker believes that their employer has made an unlawful deduction of wages, the first thing to do is to raise the issue with the employer. The worker should say when the deduction took place, and that there was no written agreement for the deduction to take place.

If the employer refuses to repay the money in question, then it may be possible to present a complaint to an Employment Tribunal.

There is a time limit for the case to be presented of 3 months from the date of the disputed wage payment. This limit can be extended if the tribunal considers that it was not practicable to present the claim within the 3 month period.

The tribunal can order the employer to repay money taken unlawfully from a worker. There is no cash limit on the amount that the tribunal can order to be repaid.
Many times we see the labors or employees being treated badly, harassed or mis conducted by the big companies or individuals. There is lot of instances when the employers exploit the employees by asking them to work overtime and then do not pay for that extra time or the labors of different races being treated differently in terms of pay or behavior. There are also cases when employees are being wrong fully terminated from their job without any reason. Further employees are harassed by the people who are in top positions.

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For generations now, the number of minors in the workforce has been on the decline, but in recent years the worsening economy has sent many kids back into jobs while in high school, as their parents had less expendable income to hand out or help pay for college.

So Just What are the Rules for Employing Minors?

California has one of the largest groups of working minors in the US, simply because of the film and television industries. But many kids also work in the food industry while in school, as well as other jobs. Because working with minors can carry stiff penalties, the laws should be well known.
While most of us would not consider a 17 year old too much of a child, they still qualify as a minor in the workforce. This can be easily overlooked and employers can make costly mistakes. If you have been a working minor it may be worth checking your records to see if you are owed penalties. California Labor Code considers any employee under 18 who does not yet have a high school diploma or equivalent as a minor. All such workers must have a worker’s permit, though workers under 18 years old who have already graduated or received a GED are exempt from permit requirements. Minors also carry strict hours worked restrictions. If, however, they are graduated from high school and no longer the educational statute of a minor, these will not apply.

Work Permit Required
The State of California attempts to protect minors by requiring a work permit which must be signed off on with approval confirming academic standings. Should an employer hire a minor, they are required to have all permits on hand and up to date for any labor or educational review. Any work permit in CA is required to be signed by the parent or legal guardian.  In addition, for minors under a specific age, a Coogan account is required to get the work permit issued. This is an earnings account that must hold a percentage of the minor’s earnings to protect them from being sent to work by parents who want the money.

Minor Wage Requirements
Any minor employed in California is protected by the same rights and wage laws. This includes minimum wage and overtime requirements.

Hours Allowed For Minors on the Job
When the school district where the minor resides is in session, minors 16 to 17 years old may work a maximum of four hours on any school day, or eight hours on a non-school day. The minor’s hours cannot exceed 48 hours in a week, regardless of whether or not they receive overtime pay.
Minors 14 to 15 years of age can work a maximum of three hours on a school day, or eight on a non school day, but with a maximum of 18 hours in a week.
There are, however, different guidelines for minors working in film and television where a full day is required. These rules are much more involved and usually require that the production provide an on-set teacher or tutor to make sure all necessary educational requirements are met.

United Employees Law Group specializes in wage and hour law, including mismanagement of minors in the workforce. If your son or daughter was employed while a minor or you believe you were not paid properly as a minor, we are waiting to review your case now. Call for your free consultation before time is up to file your claim.

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