Category Archives: Overtime Laws

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

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 →

Are Bus/Truck Drivers Entitled to Overtime?

As a Bus/Truck Driver, Am I Entitled to Overtime Under California Law?

bus driver overtime laws

image source: streetsblog.org

If you’re a bus driver or truck driver in Northern California, you deserve to be paid fairly for your work. But does the law entitle you to receive overtime for working certain jobs? This is a trickier question than you might realize. Knowing your rights is essential, since you can’t necessarily count on your employer or on an outside regulatory agency to ensure fair play. Continue reading →

Difference between Overtime and Double Overtime in California

Maybe you’re a California government employee who’s on the verge of foreclosure, and you and your spouse are desperately crunching your budget numbers to see whether you’re “missing” any income. Or maybe you’re an abused or harassed employee, and you have the strong intuition that your employer has been violating California’s work and hour laws – perhaps in a major way. Continue reading →

What to do If Overtime Isn’t Paid by Employer

What can I do if my employer doesn’t pay me my overtime wages?

You can either file a wage claim eve with the Division of Labor Standards Enforcement (the Labor Commissioner’s Office), or you can file a lawsuit in court against your employer in to recover the lost wages. Additionally, if you no longer work for this employer, you can make a claim for the waiting time penalty pursuant to Labor Code Section 203.

Learn more about overtime and employment law here on our website. If this issue is relevant for you, give us a call today at 415-287-6200 or fill out our online contact form.