California Employment Law
California Employment Law Questions Answered by Legal Experts
This is my forth season with Sugar Bowl. When I started we received a low hourly wage and a small commission. Last season 2011/2012 they did not pay any hourly wage and gave us a larger commission. They said it had to do with a legal term "per piece" like we are building an item.
Sugar Bowl was sued two seasons ago for not paying instructors during a mandatory line up (morning meeting)
I am sure I am the oldest person working at Sugar Bowl as a therapist however, I am not sure how to prove it.
It can be a lot of time between appointments or it can be 5 minutes.
Yes, we are free to do what we would like between appointments.
They say they give us a two hour window however it is usually 30 minutes. Most client do not want to wait 2 hours.
Okay, thanks. On-call waiting time must be paid to employees, depending upon whether an employee is free to engage in personal activities. The factors that the U.S. Department of Labor considers are:
The point here is that if you really can't go anywhere, because if you leave, you will lose the opportunity for the next appointment, then you are not really free to engage in personal activities and you are entitled to compensation, based upon your average hourly rate during the workweek. This means, for example, that if you were available 8 hours per day and 5 days per week, and you earned $500 commissions during that work week, then the employer would have to pay you $12.50 (500 divided by 40) for every hour that you're just sitting around waiting for the next job.
You can file a wage claim with the Division of Labor Standards Enforcement (DLSE). If the investigator decides you have a viable claim, then you will probably get your money, and the employer will have to change its compensation methods dramatically. And, if you are retaliated against for making the claim, then you would have a big lawsuit, because Cal. Labor Code 1102.5 treats you as a "whistleblower" once you file a complaint, even if the DLSE decides that the claim is invalid.
Hope this helps.
So, if I understand correctly. I should complain to the DFEH for harassment and file a claim with the Department of Labor regarding the commission only on-call service. I recently requested this information from payroll and I have been notified that I given my resignation but I did not and they sent me my last paycheck. Where do I go from here.
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