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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32721
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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as we discussed before. My sons wages were cut (from 14.50

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as we discussed before. My sons wages were cut (from 14.50 to 10.00 an hour)31%. If he quites his job can he collect unemployment? He pays 24.00 in gas aday to do pick up and drop off of the clinically retarded adults that he is in charge and is not reimbursed for any auto expenses. after expenses he"s only making around 4.00 to 5.00 an hour, not even minimum wage. is this legal? and he is not paid a meal and rest period because his employer says she doesn't have to because on an exemption in the law for people working with disabled individuals. If he doesn't get his breaks doesn't she have to pay him for them?
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Tina replied 3 years ago.
Hello and welcome,

Yes, a 31% reduction in pay is normally enough to qualify for unemployment benefits if your son rejects the employer's offer.

Under CA law, the employer must typically reimburse the employee for expenses incurred for the benefit of the employer.

Employees are required to have at least a 30 minute lunch if they work more than 5 hours normally and if the employee is exempt for any reason, they must be paid for the break time, yes.

File a complaint with the state labor board with regard to the expense reimbursement and break time issues. The agency has the authority to investigate and collect amounts owed to your son on his behalf.

Here is a link to their website:

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm


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Customer: replied 3 years ago.
I don't see my reply questions are you getting them or working on them. It doesn't tell me that the expert is working on my question.
Expert:  Tina replied 3 years ago.
I am sorry if you are experiencing technical difficulties. I did post your answer some time ago above.

Here it is again and please let me know if you need clarification or experience further difficulties. Thank you.


Hello and welcome,

Yes, a 31% reduction in pay is normally enough to qualify for unemployment benefits if your son rejects the employer's offer.

Under CA law, the employer must typically reimburse the employee for expenses incurred for the benefit of the employer.

Employees are required to have at least a 30 minute lunch if they work more than 5 hours normally and if the employee is exempt for any reason, they must be paid for the break time, yes.

File a complaint with the state labor board with regard to the expense reimbursement and break time issues. The agency has the authority to investigate and collect amounts owed to your son on his behalf.

Here is a link to their website:

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm


I hope you found my answer helpful; please click on the GREEN ACCEPT button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous. Thank you.

Customer: replied 3 years ago.

The reply to the question was: If my son has already worked one week is that considered accepting the wage, (he is trying to gather proof that his employer cut his wage) because she filled out no paperwork for this wage cut. and is he entitled to full unemployment if he quits. what is the law or code he can use with unemployment.

 

Also is there a law or code that say's she has to reimbuse him for his expenses, incurred for the employer?

Expert:  Tina replied 3 years ago.
Here is a summary of the law on eligibility for benefits due to a decrease in wages. There is nothing that says the employee may receive benefits if they already accepted the decrease, but since it is a significant hardship on your son, he would likely receive benefits:

If an employer substantially lowers an employee’s rate of pay, that employee will normally have good cause to quit and collect benefits so long as she tried to convince her employer not to reduce her wage. A “substantial reduction” in pay is normally a reduction of 20% or more, which means an employee who sees her wage go from $12 an hour to $9 an hour or sees her salary go from $1500 a month to $1200 a month will have good cause to quit. It is difficult to show good cause with a smaller reduction in pay, for example if an employer lowers a wage from $10 an hour to $9.50 an hour, but it is possible if there are other major changes, such as an employer taking away health care benefits.

An employee normally cannot show good cause if she wants to quit because her employer reduces her hours. If, for example, an employer tells an employee she will drop from 40 hours a week to 25 hours a week, she cannot just quit if she hopes to get unemployment. Even though less hours would cause a reduction in total weekly pay, the “rate of pay” (for example $12 an hour) did not change. The EDD prefers that the employee use the extra 15 free hours a week to try and find a second job or a new full-time job rather than just quit and be left with no work.

 

here is a link to the EDD site with regard to quitting due to a reduction in wages:

 

http://www.las-elc.org/factsheets/ui-quit.html

Here is a summary of the law with regard to auto reimbursements:

http://kindsvater.com/employ/mileage.html


All the best to you.


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Tina, Attorney
Satisfied Customers: 32721
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Didn"t answer if there is a law or code that say's she has to reimbuse him for his expenses, incurred for the employer?

Expert:  Tina replied 3 years ago.
The mileage reimbursement link I provided above answers that since your question related to auto expenses.

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