Author Archives: vegalawyer

On June 26, 2020, a Northern District Judge found that Hearst (dba San Francisco Chronicle) misclassified an employee as an independent contractor. (Martel v. Hearst Communications, Inc., 468 F. Supp. 3d 1212 – Dist. Court, ND California 2020).  The plaintiff was paid per delivery not by hour and the Court found him to be a Piece-rate employee.

Furthermore, on June 27, 2020, a class action was filed in California seeking to get class-wide relief.  (Sanchez et al v. Hearst Communications, Inc. 4:20-cv-05147 (ND California 2020))

California courts are currently reviewing and ruling on whether independent contractor agreements are valid under the labor code.  It is important to have legal counsel when reviewing agreement in order to protect your rights.

What are Piece-rate employees?

Simply put you are paid by task/job.  A mechanic paid $10 per muffler job or oil change.  A personal trainer paid per session.  A hair dresser paid per haircut.

As a piece-rate employee you are entitled to paid rest and recovery period.

California Code, Labor Code – LAB § 226.2

** Employees shall be compensated for rest and recovery periods and other nonproductive time separate from any piece-rate compensation.

** The itemized statement required by subdivision (a) of Section 226

** Employees shall be compensated for other nonproductive time at an hourly rate that is no less than the applicable minimum wage.

** The amount of other nonproductive time may be determined either through actual records or the employer’s reasonable estimates, whether for a group of employees or for a particular employee, of other nonproductive time worked during the pay period

San Francisco Employment and Personal Injury Lawyer

As an experienced lawyer specializing in personal injury and employment law serving across the Bay Area, Daniel Vega knows what to do to help you get the compensation you deserve. For professional help, call 415-287-6200 or use our online contact form.

Copy of the Martel Order;

https://www.courthousenews.com/wp-content/uploads/2020/06/MartelHearst-SJorder.pdf

What work expenses should I be reimbursed for?

Working from home? What expenses should I get reimbursed for?

Top Ten List of what you should be Reimbursed for:

  1. Cell Phone (Use your phone a lot?)
  2. Mileage (Gas expenses)
  3. Uniforms
  4. Tolls
  5. Parking
  6. Gas
  7. Home Wifi (how much do you work from home)
  8. Printing Supplies
  9. Meals for Clients
  10. Materials purchased for worK
Remember, depending on your work there can be additional expenses you should be reimbursed for.

The law states;

Labor Code 2802.  

(a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.

(b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss.

(c) For purposes of this section, the term “necessary expenditures or losses” shall include all reasonable costs, including, but not limited to, attorney’s fees incurred by the employee enforcing the rights granted by this section.

(d) In addition to recovery of penalties under this section in a court action or proceedings pursuant to Section 98, the commissioner may issue a citation against an employer or other person acting on behalf of the employer who violates reimbursement obligations for an amount determined to be due to an employee under this section. The procedures for issuing, contesting, and enforcing judgments for citations or civil penalties issued by the commissioner shall be the same as those set forth in Section 1197.1. Amounts recovered pursuant to this section shall be paid to the affected employee

San Francisco Employment and Personal Injury Lawyer

As an experienced lawyer specializing in personal injury and employment law serving across the Bay Area, Daniel Vega knows what to do to help you get the compensation you deserve. For professional help, call 415-287-6200 or use our online contact form.

Qué hacer después de un accidente de Motocicleta

Accidente de Moto

Qué hacer después de un accidente de motocicleta

Sabemos que es difícil pensar con claridad o saber a quién recurrir después de un accidente de motocicleta. Sigue nuestra guía a continuación:

Póngase en contacto con la policía de inmediato

El primer paso, si puede, es llamar a la policía. La ley de California requiere que se detenga, llame a la policía y haga que la policía complete un informe policial.

Llamar por ayuda

Si el accidente resultó en una lesión, esté seguro y llame a una ambulancia. Un operador del 911 enviará una ambulancia y un equipo de policía a la escena.

Intercambiar información

Debe intercambiar su nombre, dirección e información de seguro con el otro conductor involucrado en el accidente. Solicite ver la licencia de conducir, el registro y la tarjeta de seguro. Copie toda la información y guárdela en un lugar seguro. Cuando llegue la policía, copie el nombre, el número de placa y el recinto del oficial para que su abogado pueda obtener una copia del informe policial.

No hacer declaraciones

Protéjase, deje que su abogado maneje el caso. Intercambie información con el otro controlador, pero no haga declaraciones, participe en argumentos ni diga nada que pueda ser usado en su contra en el futuro.

Testigos

Intente obtener el nombre, la dirección y el número de teléfono de cualquier testigo del accidente.

Tratamiento médico

Obtenga tratamiento médico inmediato en un hospital de emergencia o clínica médica. Asegúrese de informarle al médico sobre cualquier queja y lesión que tenga como resultado del accidente. Recuerde que algunas lesiones internas pueden no aparecer de inmediato.

Notificar a su seguro

Siempre que tenga un accidente que implique una lesión o daño a la propiedad, notifique a su compañía de seguros. Si no notifica a su compañía de seguros INMEDIATAMENTE después del accidente, tienen derecho a negarse a cubrir el reclamo.

No pague honorarios por adelantado cuando trabaje con las oficinas legales de Daniel Vega

Cuando trabaje con Daniel Vega, no pagará honorarios por adelantado y recibirá una consulta gratuita. Nos aseguraremos de que reciba un trato justo y reciba una compensación justa después de un accidente automovilístico.

Póngase en contacto con las Oficinas Legales de Daniel Vega hoy al (415) 287-6200.

Sirviendo a todo el Área de la Bahía de San Francisco, incluyendo Oakland, San José y las ciudades cercanas del Área de la Bahía.

“No-rehire” or agreeing to “Not Apply” for future positions legal?

Does your settlement agreement include a none apply or rehire clause? Here’s an example that is common;

“REEMPLOYMENT. Employee represents and agrees that her employment with Employer terminated and will not be re-employed by Employer and that Employee will not apply for or otherwise seek employment with Employer at any time.”

Recently Assembly Bill 749 passed in California. This bill now prohibits employers from including “no-rehire” clauses in settlement agreements. This frequently a contentious issue for plaintiffs wanting to apply for future positions, job vacancies and promotions.  Furthermore, employers in exchange for a settlement frequently request plaintiffs who are still employed to resign if they are still employed and not to seek future employment.   This tactic and/or leverage has been commonplace tool of the defense bar.

There is an exception if the employer made a good faith determination of sexual harassment or assault by the employee entering into the agreement. We will keep tabs on how this bill is implemented in the future!

San Francisco Employment and Personal Injury Lawyer

As an experienced lawyer specializing in personal injury and employment law serving across the Bay Area, Daniel Vega knows what to do to help you get the compensation you deserve. For professional help, call 415-287-6200 or use our online contact form.

What to Do After a Bicycle Accident

bay-area-accident-lawyer

What to Do After a Bicycle Accident

San Francisco Injury Lawyer Discusses What to Do After a Bike Accident

Being careful and observing all safety measures that have been put in place by the state is paramount when riding a bicycle. However, no matter how safety conscious you are, sometimes the odds can be against you. Knowing what to do immediately after a bicycle accident can make a difference in saving the lives of those who may be severely injured, as well as help with protecting your rights and getting just compensation for your injuries. In this article, our San Francisco bicycle accident lawyer gives tips on what to do after a bicycle accident. Continue reading →

Wet Road Driving Tips

Wet Road Driving Tips from a Bay Area Accident Attorney

driving in the rain in San Francisco

6 Tips for Avoiding Car Accidents

Regardless of how clean your driving history is, you can never rule out the possibility of getting into some sort of accident in the future. The roads are getting more congested each day and driver carelessness is at an all-time high. The weather is also a leading factor in car collisions because it can put even the safest driver at risk. Here are a few tips from a San Francisco auto accident lawyer. Continue reading →

A Simple Guide to Exempt vs Non-Exempt Employees

Employment Status Advice from a Bay Area Lawyer

san francisco employment lawyer on employee status clarification

Every business owner or manager wants what is the best for the company with their primary objective being maximized profits. One of the most valuable assets for a successful business are hard working employees that are competent, time oriented, practice high levels of due diligence, and highly reliable. Such employees will ensure that there is minimal waste and that the production rate is high and efficient. Continue reading →

What Are The Most Important Bike Laws In California?

San Francisco Bicycle Accident Attorney Discusses Top California Bike Laws

bike lane in san francisco

Under most California bicycle laws, cyclists are usually treated the same way as vehicle operators. The California Vehicle Code contains state laws that specify how and where bikes should operate. This means that as a cyclist, you are required to obey stop signs, lane discipline, traffic laws, as well as DUI laws. In addition, you must ensure that your bicycle is in good condition, and have knowledge of California bicycle laws. That being said, what are the most important bike laws in California? Our San Francisco accident attorney discusses the rules that you need to know. Continue reading →

How The California Fair Pay Act Works

Clarification From a San Francisco Employment Lawyer

bay area attorney

Employers in California are now under one of the strictest and most aggressive, equal pay laws in America. Under the new Fair Pay Act, employees will be restricted from paying their employees of the opposite sex lower pay rates for substantially similar work. Initially, the law was limited. It restricted employees from paying their employees of the opposite sex within the same establishment. The employer’s burden of defense has also been increased. They must be able to prove that the pay differential is due to a reasonable application, such as a merit system, seniority system, or a factor such as education level, and a system that measures earnings by quality or quantity of production. This new law expands the exposure of the employees through the following ways. Continue reading →

How Can Motorcycle Accident Attorneys Help Your Case?

Reasons to Hire a San Francisco Accident Attorney

Bay Area Auto and Motorcycle Accident Attorney

In some ways, motorcycle accidents are very similar to car accidents, but in other ways, they are completely different. If you or a family member was injured in a motorcycle accident or are encountering problems with your insurance company, then you should seek the help of a motorcycle accident lawyer. Read on to learn more about what a motorcycle accident lawyer can do for you. Continue reading →