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San Diego Employment Law Blog

Overtime: You are entitled to overtime in most cases

You knew you were staying late for work a lot, but when you got your paycheck, it didn't reflect much of a difference from your usual payment. You thought that maybe the overtime would be on the next paycheck and that you were confused on the dates. Instead, your next paycheck came with no difference.

You highly suspect that your employer is not allowing you to stay clocked in the extra hours, even though he's the one who has asked you to stay late to finish work. Fortunately for you, this is not legal, and it's your right to pursue compensation for the time you spent at work.

Is your employer failing to pay you mandated overtime wages?

For many employees in California, overtime work, especially if it is regular, can be a major source of income. One hour of overtime each week day at time and a half pay is almost the same as working a full extra shift. The more overtime you routinely work, the more lucrative your employment can become. Unless you are a salaried or exempt worker, federal law requires that your employer pays you at least time and half for any time over 40 hours you work in a single work week. Many employers, or in some cases managers for companies, will intentionally try to avoid this obligation.

Many companies incentivize managers or owner-operators to keep staffing costs and hourly wages as low as possible. Big companies create plans for staffing, often providing monthly, weekly, daily and hourly breakdowns of the amount of staff hours that get scheduled. Typically, these plans use the previous year's sales during the same period to create an estimate. Manufacturing facilities also want to keep staffing costs low to ensure that they are maximizing the potential profit margin for the products, parts or components they make and sell. All of this pressure can result in a violation of workers' rights.

Clark Law Group Investigates Local Ship Yards for Labor Violations

Clark Law Group is currently investigating the employment practices of San Diego employers who provide corrosion prevention and maintenance in the ship repair industry. If you or someone you know has been subject to unlawful or unfair employment practices in this industry and wishes to discuss this investigation, please contact our office at (619) 239-1321.

Get paid for your off the clock work

Imagine walking into work and our boss immediately asks you to start a project before you even punch the clock. Will you be paid for the work? What about all the time you have spent there after-hours, working off the clock to finish a project? Are you entitled to back pay for the work?

According to the Fair Labor Standards Act (FLSA), unless you are an exempt employee, your employer should pay you for all work you perform. Furthermore, if you work more than 40 hours per week, you are also entitled to overtime pay. If your employer has asked you to work off the clock and refused to pay you for all of your work, you may be able to take legal action. An attorney in the San Diego area that has experience with employment law can advise you on the necessary procedures. Read further for more information about federal laws and off the clock work.

On-call rest periods violate California employment law

When employees who have been abused or mistreated by their employers file a lawsuit, they do more than create an opportunity for themselves to recover financial losses. Lawsuits that deal with critical areas of employment law, such as paid and unpaid break times and employee accountability during unpaid rest periods, can set precedents that helps others.

When judges must carefully consider the legal argument for or against a particular employment practice, their final decision can have a powerful impact on the rights of other workers in the future.

Have you worked for Vivint on a piece-rate compensation basis?

Some companies come up with creative ways to avoid paying their employees. In the case of Vivint, Inc., there has been a practice of deliberately avoiding paying minimum wage to their employees. Other companies in the state of California may also take steps to avoid paying their workers a fair wage. Piece-rate payment is when an employer pays its workers based on the number of units they create, sell or install.

This means there must be a company standard for the amount paid for completing a task or making a component or product. Overtime payment rates may also apply in these employment scenarios. If you believe your employer is not adhering to the law, you may need the help of an experienced employment law attorney.

Are you misclassified in your tech industry job?

It comes as no surprise to anyone that businesses are almost always looking for ways to save money. However, often the pursuit of meeting a bottom line comes at the expense of treating employees fairly and ethically. Over the last decade or so, the mass proliferation of tech companies and the expansion of reliable internet connections around the globe has had a major impact. It has given rise to more and more companies classifying large numbers of their workers as independent contractors rather than employees.

Working as an independent contractor has advantages and disadvantages, but it is usually used to alleviate an employer of some of its tax burden and responsibility to provide benefits for an employee.

Class action lawsuit filed against Sun Vista beans for misleading and deceptive advertising

A class action lawsuit has been filed in California federal court against Arizona Canning Company LLC, the manufacturer of Sun Vista canned beans, for misrepresenting the amount of product actually in their cans. The plaintiffs in the lawsuit claim they were "misled by the portrayal of a bowl full of beans on the label and the size of the can, which they believed would be filled with beans."

In addition to that claim, both plaintiffs claim that the information listed on the outside of the can is misleading and deceives consumers about the amount of beans in the can. The plaintiffs state that they would not have bought Sun Vista beans if the picture and label on the outside of the can had been accurate and they knew they would be getting fewer beans than depicted.

Know your workplace rights, because your employer may not

As an employee, you generally assume that your employer knows more about labor law than you do. They hire people all the time, right? Unfortunately, that doesn't mean they're experts or that they're going to look out for you, so knowing your workplace rights is important. Employers may not always realize that they are breaking important laws put in place to protect employees. Or, they may be deliberately ignoring your rights and hoping to get away with it for as long as they can. Either way, employees are the ones who will suffer.

Here are some of the ways employers may violate your workplace rights:

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