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San Diego Employment Law Blog

Have you had issues with unpaid commission or slow sale days?

For those with the right people skills, commission-based sales work can be quite profitable. Many employers who pay via commission also offer bonuses for high sales or selling add-ons or special packages. If you excel at selling, a commission system can end up being a great source of income. It means that the harder you work, the more you could potentially get paid for your efforts.

Unfortunately, the potential for great income is offset by the potential for unethical behavior by your employer. Your boss could try to claim sales you made or even deny you commission on completed sales by not including them in your check. If your employer has failed to pay you either commission for sales or bonuses based on your employment contract, you need to take action as soon as possible to protect your rights as a worker.

Do you regularly drive for work without proper reimbursement?

Does your job require that you regularly drive, yet your employer neither reimburses you for your gas not provides you with a company vehicle? Does your employer refuse to pay you for your time when you are driving, even though it's part of your work? If you're paying out of pocket for gas, the vehicle and insurance, and driving somewhere as required by your employer, your employer may be taking advantage of you.

It's likely that your employer is violating your rights and employment laws by doing so. Under federal law, excepting the commute from home to work and back again, travel you engage in as required by your employer should be considered paid, working time. Driving for work gets considered work, and your employer should pay you the same wage for time spent driving that they pay for when you're at a desk or work station.

4 critical things to know about meal breaks and your rights

You just started a new job, and you're already noticing a trend that worries you: Your new boss doesn't always give you a lunch break.

You do get one on a lot of days, but you often feel rushed, as if he or she is trying to push you to eat in 10 minutes and get back on the job. Your boss doesn't threaten anyone directly, but he or she makes snide comments about only hiring people who are dedicated to the company -- with the implication being that those who don't eat quickly may lose their jobs.

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.

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