Category Archives: Labor Laws, Employment Law

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.

“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.

A Simple Guide to Exempt vs Non-Exempt Employees

Employment Status Advice from a Bay Area Lawyer

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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 →

How The California Fair Pay Act Works

Clarification From a San Francisco Employment Lawyer

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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 →

What To Do If You Are Injured At Work

San Francisco Personal Injury Lawyer Discusses On-the-Job Accident Compensation

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If you are injured at work, you should inform your supervisor immediately, as it’s necessary for your compensation process to begin. You also want to ensure to keep copies of your medical forms. This is necessary for the compensation process to run smoothly. The copies can be used where evidence will be required. Continue reading →

Filing a Discrimination Complaint in California

San Francisco Employment Lawyer Discusses Discrimination Complaints

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Workplace discrimination can take many forms, including lack of promotion, unwarranted poor performance reviews and unfair hiring practices. Many Bay Area employees feel helpless in the face of workplace discrimination; fortunately, however, an experienced employment lawyer can assist you in filing your claim to receive compensation. Continue reading →

California Enacts the Nation’s Highest Statewide Minimum Wage Increase

San Francisco Among First California Cities to See Higher Minimum Wage

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On April 4, 2016, both California and New York enacted laws raising minimum wage to $15 per hour. New York’s law makes exceptions for different regions of the state, but California’s increase will apply to everyone (in time). There are several important aspects of the bill that may affect employment law in the coming years. Continue reading →

Workplace Safety Tips Every Employee Should Know

Personal Injury Lawyers Discuss Workplace Safety Tips for Avoiding Accidentsworkplace-injuries-Miami

Building contractors, factory workers, executives, architects and admins all need to protect themselves on the job. But what are the real and tangible risks associated with your job? What can you and your coworkers do to eliminate or at least substantially reduce risk of injury at the workplace? Continue reading →

Bay Area Lawyer Discusses Harassment, Bullying, and Title IX Protections

Title IX is an Important Resource for Students, Parents, and Harassment Lawyers

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Title IX is a federal law that affects all areas of education, including recruitment, admissions, and what happens in classrooms. Per this crucial law, students, teachers and others in the system are granted protections from sexual harassment or bullying due to sex or gender identity. If protections are not upheld it is crucial that an injury lawyer is consulted to ensure those involved have an understanding of the law, what it means, and how they can rectify the problem. Continue reading →