Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
Under California law, you are entitled to be reimbursed by your employer for the purchase of the tools for performing your work with two significant caveats: You are not entitled to be reimbursed for using “hand tools” such as a screw driver and hammer. The reason for this exception is probably the fact that these Read More …
Generally, an employer does not have an obligation to pay for the time you commute to and from work, whether you walk, drive or take public transportation. However, the employer has to pay for the time you commute after your work shift started and during your work time, such as commuting between work sites or Read More …
Many employers make the mistake of not paying out their employees commissions in a timely manner, which may lead to significant liability for relatively small infractions. The key law that governs payment of wages and commissions in California is Labor Code §204. Generally, employees (with few exceptions) must be paid twice a month or more Read More …
The California Supreme Court has recently clarified in its Mendoza v. Nordstrom, Inc., ruling the law regarding employees’ rights and employers’ obligation to provide a day of rest to an employee after six days of work. Here are the noteworthy points: A day of rest is guaranteed for each workweek. However, periods of more than six Read More …
If you are about to file a wrongful termination case against your employer, based on discrimination or retaliation or both, you should make sure you include any claim for unpaid wages or overtime, and any other claims for technical labor code violations, if possible. These may include such violation as failure to provide meal breaks Read More …
In June 2016, California legislature introduced and passed the law for phasing in statewide minimum wage increases that will ultimately reach $15 / hour by 2022 for larger employers and by 2023 for smaller employers. For employers with more than 25 employees, the hourly minimum wage will increase according to the following schedule: to $10.50 Read More …
The 9th Circuit has filed an opinion today holding that service advisors of automobile dealerships are not exempt from overtime pay. (Navarro v Encino Motorcars, LLC.) In that case the dispute focused around the existing FLSA exemption from overtime that applies to “any salesman, partsman or mechanic” … “primarily engaged in selling or servicing automobiles”. Read More …
In a recent California case Rhea v General Atomic, the court approved an employer’s practice of requiring exempt employees to use their vacation or other personal leave hours to cover for partial day absences. In that decision, the court first acknowledged the two well established rules: (1) an employer may not deduct pay from salary Read More …
Here is a simple way to calculate unpaid overtime due to you, if you were not paid overtime because you were incorrectly classified as exempt employee or for some other reasons: Suppose your annual wages are set at $40,000/year. You regularly work for more than 8 hour per day. On some days you work 10 Read More …
