Posts Tagged ‘unpaid overtime’
Employees with Legitimate Claims for Overtime Should Not Crumble Under Employer Threats
California has fee-shifting provision in place for claimants seeking unpaid minimum wages and unpaid overtime pay, by which the prevailing employee is entitled to attorney’s fees. Many employer defendants have sought to scare away a former employee plaintiff by “reminding” them that if the employee loses, the employer will go after them for their fees…
Read MoreIs Your Boss Paying You Correctly Under a Piece Rate Wage Plan?
Piece-rate employees must be paid separately for work that does not fall within the scope of the work that is the subject of the piece rate. So, if you’re a brake mechanic and are paid by the brake job (or other repair), but also clean the shop, make appointments, open/close the shop or any other duties…
Read MoreIs Tip Pooling or Tip Sharing Legal?
Tip pools and tip sharing are significant topics for employees in both the food service and hospitality industry. The Second Circuit’s Court of Appeals will soon clarify the the prohibition against participation by an employer’s “agents” in tip pools and sharing arrangements. The court’s certification order arose out of two class actions against Starbucks involving their “baristas.” In Barenboim v. Starbucks Corp.,…
Read MoreKeeping Track of the Hours You Work Just Got Easier
If you are an “App User,” the U.S. Department of labor launched its first smartphone application – the DOL-Timesheet that may be useful to you in tracking your hours worked. This timesheet application, which is available in English and Spanish versions, provides a record keeping system that enables you to keep track of your work hours and…
Read MoreNew Second Appellate Decision re: Commissioned Sales
A recent California Appellate decision expanded the definition of “commissions” and found that no overtime was owed to a car salesperson, despite the long hours she worked. In Areso v. CarMax, Inc., the Court held that CarMax’s commission plan qualified as “commission wages” under Labor Code section 204.1, for purposes of the exemption, because it pays a…
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