Boucher Law

Employment Discrimination, Harassment, Retaliation — Unpaid Wages and Overtime — Defamation — Contract Litigation

Employment Law  You cannot be denied employment, housing, leaves of absence, or wages because you identify as LGBT, appear as a certain gender, are male or female, are aged over 40, or have a disability or medical condition. (Click title for details.)

Wages and Overtime  You must be paid all wages due to you — including overtime — at the time they were earned. If your employer claims you're "exempt," California law may prove otherwise.

Defamation  If someone injures you by accident or on purpose, you may be entitled to compensation under the law.

Contract Litigation  If someone backs out of an agreement or promise they made with you, you may be able to enforce it as a contract in court.

In all these cases, the law protects you, but can be an impenetrable barrier. You need an experienced attorney on your side to help you make the right decisions and to fight for you.

Wage and Hour, Overtime, and Wages at Termination

How do I know I'm being paid properly? California law allows employers to pay you hourly, by "salary," or by "piece rate," so long as all other wage-and-hour laws are followed. Laws which limit how your employer pays you include: minimum wage laws, overtime laws, laws governing "exempt" employees, and laws governing "independent contractors."

When am I entitled to Overtime? In California, employees are entitled to be paid time and one half or their hourly rate — even if they are paid by salary — when they work over 8 hours per day or 40 hours per week. Employees are entitled to double time when they work over 12 hours per day and on the seventh consecutive day of work.

How do I know I'm not "exempt" from California's overtime requirements? Generally, exceptions exist for managerial, administrative, and "professional" employees. Your job title may match one of these categories, but you may still be entitled to overtime. Its important for a lawyer to evaluate your job duties to determine if you are due overtime.

How do I know that I am really an "independent contractor"? Contractors are characterized by complete independence in the performance of their job duties. If you are managed by another person, that person may be your supervisor and you may be an employee entitled to overtime and the benefits of employments. Again, it is important for an attorney to evaluate your job duties to determine your status.

Can my employer deduct amounts from my wages? Generally speaking, your employer may not deduct any amount from your wages (with exceptions) even if you agreed to it up front. You are entitled to control your money without employer interference even if you owe money to your employer. If your employer is deducting anything, a lawyer should review your pay stubs and employment records to determine if the deductions are legal.

Am I entitled to recover for time driving to the job? If you are required to go to the shop before starting your first job, are required to take employer-provided transportation, or travel between jobs, you are probably "on the clock" for that travel time. A lawyer should evaluate your day-to-day schedule to determine if you are getting all the pay you deserve.

What is the minimum wage in California and how do I know I'm getting it? In California, the minimum wage is currently $8/hour. On January 1, 2016, the minimum wage will increase to $10/hour. Various communities have higher minimum wages (e.g., San Francisco's minimum wage is $10.74/hour as of January 1, 2014). It can be difficult to determine if you are getting at least minimum wage if you are being paid a "salary" or "piece rate." It is important to have an attorney calculate your hourly rate to determine if you are getting at least the minimum wage.

What if I'm terminated or quit? At the time you leave your employment, you employer is obligated to pay you all money you are owed. If your employer does not pay you, it is obligated to pay you a fine for each day that passes.

What about vacation days? In California, vacation days are a benefit accrued. Thus, on termination, your employer must pay you for them.

What about commissions? Yes. You are entitled to be paid all commissions that you have earned at the time of your termination. (See the DLSE's opinion on this issue.) It is important to have an attorney to evaluate the facts to determine if can recover unpaid commissions.

What are the first steps? The first thing to do is to speak with an attorney as soon as possible; the statute of limitations on unpaid wages is three years. You can only go back that far to recover unpaid wages and overtime. Your attorney will advise you about how to prove your case and how to recover your wages.

What can I do right now? Call me or fill out my client intake survey so that we can begin the conversation regarding your unpaid wages.

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