Law Office of Arthur R. Botham, Jr.

09/25/2019

“Walk-in, clock-in. Clock-out, walk-out.” That’s the simple rule to follow as an hourly employee. For many workers, it’s not so simple. Many workers have “side work” to finish: cleaning the store, re-stocking or waiting for final approval to leave. This practice is all too common in restaurants. Workers have to close registers and calculate sales each day, after they’ve clocked out for the night. Even more delays arise when the worker has to wait their turn to present closing reports to the manager before leaving. Even a few minutes’ delay each day can amount to significant lost wages, even at minimum wage. Enough to cover a cell phone bill, a week of groceries or retirement contribution. Best practice? Keep track and present your correct time on the same day payroll is submitted.

08/06/2019

Are you being sued for an accident? Has your insurance company refused to help you? A recent change in California law may help you. In the past, a driver (or other worker) who had an accident while he or she was working as an "independent contractor" might have no one to help defend them in case of an uninsured accident. However, recent California law makes it harder for corporations to shift responsibility to workers in California by labeling them as "independent contractors", even where there is a written agreement with the worker. The case is Dynamex Operations West, Inc. v. Sup.Ct (2018) 4 Cal.5th 903. Questions regarding independent contractor status? e-mail at [email protected].

07/03/2019

Are you a used car salesperson? A common way dealers short salespeople out of commissions is by inflating the cost of reconditioning cars far beyond the dealer’s actual cost. For example, a dealer takes a car as trade-in and values the trade-in at $5,000. The dealer sells the car for $10,000 and a salesperson would expect a commission on the difference of $5,000. 4% is common. However, the dealer deducts additional amounts for things like tires, detailing, carpets, and minor repairs. That’s where the dealer double-dips. The dealers routinely inflate their costs to reduce the commission to the salesperson. California Labor Code requires the employer provide a written sales commission to all salespeople. Got a question about commissions or wages? Feel free to drop me a line: [email protected]. Thanks!

06/06/2019

How long should you keep your paystubs? Why are they so important? My answer is at least 4 years. Remember, employers can require that you sign many different things such as policy memos, employee manuals and the like. Paystubs are the only document they provide to you. Paystubs are important for several reasons. Namely, your retirement may be calculated using the number of hours you work. If the paystub is wrong, the contribution to your retirement may be wrong as well. That may be fixable for 4 years.

05/31/2019

Are you a delivery driver? It doesn’t matter whether you deliver food or people; here’s the setup: you have an accident during a delivery, and you are at least a little at fault. Will your car insurance provide an attorney and pay for damage, or must you? The answer depends on your policy. Many insurance companies in California WILL NOT cover delivery drivers. Just because you have a valid insurance policy is no guarantee of coverage. So, what does this mean in our scenario? If you have an accident while working for someone else, you may have to involve them, whether you are at fault or not. Best bet, check with your insurer to be sure.

05/21/2019

The e-mail lockout: So many times people tell me that they first figured out they were fired when they could no longer log into their e-mail account at work. The problem arises later, when the worker realizes they can no longer access the many e-mails that help their case. Don't expect the employer to cooperate. Best advice? "BCC" yourself to your own, personal e-mail account on every e-mail you send out. This may be a prohibited practice with some employers, check your personnel manual if you are unsure. You were provided a copy of the personnel manual, weren't you?

01/06/2019

Three things to know about minimum wage in California for 2019: First: Did you know that effective January 1, 2019, minimum wage in California is $11.00 per hour for businesses with 1-25 employees, and $12.00 per hour for businesses with 26 or more employees. Here's a link to the Department of Industrial Relations: https://www.dir.ca.gov/dlse/faq_minimumwage.htm

Second: If you are a salaried employee, you must be paid a monthly average of at least twice minimum wage. If the employer is subject to the wage increase, the salaried employee's wage must also increase, or be paid overtime at the lawful rate.

Third, many hourly employees in California also earn commissions in addition to their regular hourly rate. This includes flag units as with mechanics, or piece-rate units as with cable installers, roofers, etc. If the employee's rate is based on a combination of minimum hourly wages and commissions or units (sometimes called points), the increase in the minimum wage rate may mean an increase in all wages. Keep your paystubs!

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Although there are some exceptions, almost all employees in California must be paid the minimum wage as required by state law. Effective January 1, 2017, the minimum wage for all industries will be increased yearly. From January 1, 2017, to January 1, 2022, the minimum wage will increase for employe...

02/23/2018

Do you use your cell phone for work? Does your employer require you to use a program on the phone, such as employee tracker? Do they call or text you? If so, they are responsible to reimburse you for a reasonable portion of your cell phone bill. It doesn't matter if you can't attribute a specific amount to use at work. You just have to show that you used the device for work to be entitled to reimbursement.

02/16/2018

Why were you fired? Ever wonder? There are two steps to take. First, apply for unemployment benefits. If your former employer gives a reason for termination you disagree with, you are entitled to have a hearing with the EDD. You’ll learn a lot. Second, ask to see a copy of your personnel file in writing. There are penalties if they refuse or ignore your request, and you can see what’s been written about you.

02/12/2018

“But I can’t afford a lawyer!” I hear this from time to time as a reason people never even try to find out what their rights are. If you don’t already know, many lawyers offer “contingency” arrangements: No recovery, no fee. In other words, your opponent pays for your lawyer, depending upon the facts of your case. Contact our office for more details.

01/28/2018

Do you earn tips at work? If so, there’s a few things to know. First, there have been a few changes to the laws affecting tip-earners. First, your employer may keep all of your tips earned each day and pay them to with your regular payroll; cash and credit card. Under California Labor Code Section 353, the employer must provide you with an accounting of what they received. Of course, your best practice is to keep track yourself and cross-check your notes against your employer’s.