Do You Need a California Labor Attorney? Find Out Now
Written on July 31, 2010 by admin
Filed Under: Labor Law
Are you concerned that your employer isnât paying you properly? Do you think you might need to speak to a California labor attorney to discuss such issues as alternative work week overtime law, California wage deductions or California mileage expense reimbursement? Itâs important to know your rights and to know what some of the most common California employment violations are. If you find you have been a victim, itâs equally important to know what to do next, who to turn to, and how to resolve your problem quickly and efficiently.Alternative work week overtime law is a common area that employers have a hard time keeping up on. The basic definition of an âalternative workweek schedule” means âany regularly scheduled workweek requiring an employee to work more than eight hours in a 24-hour period.â Itâs important to note that alternative work week overtime law requires that two thirds of the employees affected by the alternative work week vote for the alternative schedule before it goes into affect. Equally important is the fact that even though the employees might be working 10 hour days without daily overtime they are still eligible for daily overtime if they surpass 12 hours in a day or 40 hours in a week. Lastly, alternative work week overtime law still requires a half hour meal break within every 5 hour period worked.California wage deductions are pretty cut and dry; with a few exceptions, an employer cannot deduct anything from the employeeâs paycheck without his or her consent. The most commonly authorized California wage deductions are for 401K plans, pensions or medical/dental insurance. However, ID badges, uniforms and physical exams do not fall under California wage deductions. If an employer requires the employee to have and or use any item to perform or keep their job, with few exceptions, the employer must provide, or in other words pay for these items, either at the time the cost is incurred or by form of reimbursement. At no time can the employer deduct these costs from the employeeâs paycheck. Another common misconception regarding California wage deductions is that an employer can deduct your pay for breakage, cash shortage, equipment loss or other simple acts of negligence. This is not in compliance with California wage deductionsâ guidelines and regulations.California mileage expense reimbursement is another common area of concern that many employees are having with their employers. California mileage expense reimbursement is directly related to the mileage driven during your work day and often excludes your commute to and from work. Interestingly enough, the IRS rate of reimbursement is 58.5 cents per mile, and is often used as a guide. However, if an employee seeks assistance from the California Labor Board the mileage rate will be determined by an administrative judge. This process may or may not be in the employeeâs favor. Fortunately, this decision can be appealed. But oftentimes employees will instead seek the help of a California labor attorney to help recover a California mileage expense reimbursement rate they feel is fair. Itâs important to note that California mileage expense reimbursement is not the only type of reimbursement an employee is eligible to receive. If you work at home you could be eligible for reimbursements for your internet access, office supplies or phone lines. If you are required to use a cell phone or purchase specific tools needed to perform your job duties, often times, these too can be considered a reimbursable expense. If you have been a victim of unlawful practices regarding alternative work week overtime law, California mileage expense reimbursement or California wage deductions you may want to contact a California labor attorney. The worst thing you can do is nothing; this will only encourage an unlawful employerâs bad behavior. You do have the option of trying to resolve these issues directly with your employer or with the California Labor Board. The problem with trying to solve these issues on your own, aside from being on your own to handle the matter, is that you run the risk of your employerâs reprisal. Keep in mind that with the California Labor Board as your avenue of recourse, once a decision has been made your options are limited. Additionally, the California Labor Board will generally only pursue the past three years related to your claim. A California labor attorney would attempt to pursue the past four years, thus increasing the amount of your potential claim. Contacting an experienced California labor attorney for a review of your potential claim is certainly prudent as you review all your options.
Lars Vheltzer is a freelance journalist who comments on employee issues that may require the legal services of a California labor attorney for employer violations of California wage deductions and alternative work week overtime law.
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