Schwarzenegger “Terminates” Employee Rights (Part 1)-Why?
Published by James Peters November 3rd, 2007 in Policy : Legislation, Wages : OtherAs the end of the year approached, Governor Schwarzenegger vetoed several employee protections the California legislature passed in 2007. While he felt it was important to give full protections to military spouses whose husbands or wives were on leave, he deemed other employees to be less deserving of similar rights.
This is the first in a [...]
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Q&A: Overtime Calculation with Two Different Hourly Rates
Published by James Peters February 19th, 2007 in Wages : OvertimeQ: My employer pays me at one rate of pay for my regular work, but then pays me minimum wage for travel and attending seminars after-hours. How is my overtime supposed to be calculated?
–Bad at Math (CA)
A: Calculating overtime for an hourly employee who is paid at two separate hourly rates is [...]
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Commissioned Salespeople & Overtime, Part 4: Final Words
Published by James Peters January 21st, 2007 in Wages : OvertimeAlthough this series on commissioned salespeople and overtime might not be the most exciting employment law topic, for those with large unpaid claims, it probably is the most exciting. I leave this topic with the following points.
Minimum Wage Test
The final test that must be met before commissioned salespeople can be considered “exempt” from overtime [...]
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Commissioned Salespeople & Overtime, Part 3: Qualified Employer?
Published by James Peters January 21st, 2007 in Wages : OvertimeEven if you meet the criteria to be classified as “exempt” from overtime pay as a commissioned salesperson, the business your employer is engaged in can also automatically qualify you for overtime, regardless of how you are paid.
Commissioned salespeople can only be “exempt” if their employer is a “retail or service establishment”. Whether your [...]
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Commissioned Salespeople & Overtime, Part 2: Are You “Commissioned”?
Published by James Peters January 18th, 2007 in Wages : OvertimeIn order for an employee to qualify as “exempt” from overtime pay as a commissioned salesperson, the main test that must be met is the employee MUST make more than 50% of their wages in the form of “commissions”. This test is not as straightforward as it might sound at first.
What are “commissions”?
Many employees [...]
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Commissioned Salespeople & Overtime, Part 1: “How much?”
Published by James Peters January 18th, 2007 in Wages : OvertimeThis 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 [...]
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“Side Effects” of California’s Increased Minimum Wage
Published by James Peters January 11th, 2007 in Wages : OvertimeOn January 1, 2007, California increased its minimum wage from $6.75 to $7.50 per hour.
Putting aside the fact that an extra 75 cents for each hour worked really has no effect on people’s lives (just $1,560 per year before taxes), there are some “side effects” of this increase employees should be aware of.
Background
Under California law, [...]
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