January 18th, 2007 
James Peters This is the first in a series of posts dealing specifically with the issue of commissioned salespeople and unpaid overtime. This is an area most employees, many employers, and even a large percentage of California attorneys do not understand correctly.
Top salespeople often make a very comfortable living and never even think about whether they are legally entitled to overtime pay.
Usually only salespeople who are wrongfully terminated or seek legal… Continue reading
January 17th, 2007 James Peters Employers and employees are often confused about how many hours an employee must work before overtime must be paid. California law is more complicated than most states on this point, but it is also much more generous to employees than most.
Employers must pay all non-exempt employees overtime at the rate of time-and-one-half for all hours worked:
1) Over 40 in one week,
2) Over 8 in one day, and… Continue reading
Posted in Wages : Overtime 
Tags: California Employment Law, Wages : Overtime, Wages and Hours 
2 Comments » January 17th, 2007 James Peters Employers, either through ignorance or intentionally, often make big mistakes in calculating overtime rates of pay for their employees and these often turn into big claims by the employees for unpaid wages later on.
To calculate an employee’s “overtime rate” of pay, you first have to calculate their “regular rate” of pay, which is the number multiplied by 1.5 to get an “overtime rate”… Continue reading
Posted in Wages : Overtime Tags: Bonuses, California Employment Law, Commissions, Wages : Overtime, Wages and Hours No Comments » January 16th, 2007 James Peters I took a one-month FMLA medical leave for surgery, but my employer laid me off two weeks into the leave. I have always heard that an employer cannot terminate an employee who is on a medical leave. Is this true?
A: It is a common misconception among employees that employers cannot terminate them if they are on a medical leave. While in practice most… Continue reading
January 15th, 2007 James Peters I moved to California from Wisconsin six months ago to take a job with a company here. I quit a good job back home, my wife sacrificed a job she loved, and our kids had to leave all of their friends behind, and we moved our family to California. I was stunned last week when I was suddenly laid off by my new company… Continue reading
Posted in Discrimination, Fraud, Q&A, Wrongful Termination Tags: California Employment Law, Discrimination, Fraud, Q&A, Wrongful Termination 2 Comments »
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