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Attorney2020
Attorney2020, Lawyer.
Category: California Employment Law
Satisfied Customers: 2578
Experience:  I have significant experience in employment law.
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I have a few questions, actually. A little background - I work

Customer Question

I have a few questions, actually. A little background - I work in Modesto, Ca installing garage doors. We are paid piece rate.
1- We currently get paid 15 cents a minute for our travel time, driving a company vehicle, which works out to $9/hr. Clearly wrong, correct?
2- I believe there was a new law recently enacted pertaining to piece rate employees, something about getting paid for our breaks or similar. One of the office guys informed the business owner of this change ( I know this because his son also works as an installer and informed me ) and the business owner decided to NOT follow the new law, even though it would only result in a pay increase for us of around $1.50/day. Also wrong, correct?
3- as mentioned in #1, we are paid travel time, but only one way to the farthest job of the day. We typically have 2 doors/day. So to explain, if we go to City A for a job, and it is 20 minutes away from the shop, followed by City B for a job, and it is 50 minutes away from our shop, we get paid travel time of only 50 minutes, even though our total travel time for the day is 100 minutes. We as a group have agreed to this.But is it legal to only pay for half our travel time?
4- as an installer, we don't get to make our schedules. A scheduler does this for us, making phone calls and arranging arrival times, etc. But we occasionally have warranty calls for doors with issues, and these me pay zero if it was a door that I installed, or $5 if someone else installed it. And on some days we have nothing but warranty calls. I had one like this today, and worked 6 hours, and will get paid ~$18 travel time (2 hours to Morgan Hill) a warranty call of mine which paid $0, and a warranty call for a guy that quit that paid $5, for a grand total of $23 for 6 hours work, less than $4/hr. Is this another violation of the minimum wage law, since I don't decide what I'm doing for the day?
5- When we are busy, we are sometimes overbooked to the point that we work 10-12 hours. They keep track of our hours accurately. But at the end of the week, if we worked 50 hours, and our earnings are $1000, they say that we made $20/hr, and therefore the OT pay should be an additional $10/hr. This might sound right, but IF we are being shorted on our travel time (in 2 different ways), and the odd days where we do nothing but warranties and make next to nothing that still counts as earnings and hours, it seems like we are being paid unfairly.
Submitted: 9 months ago.
Category: California Employment Law
Customer: replied 9 months ago.
$50 is reasonable but I don't see where to make that change
Expert:  Attorney2020 replied 9 months ago.
1- Yes, minimum wage is $1- per hour.2- Correct, piece rate employees must be compensated separately for rest and meal breaks. 3-No, you must get paid minimum wage for each hour worked.4- Yes. You must get paid minimum wage for each hour worked.5- You are being paid unfairly and the company is certainly subject to wage and hour lawsuits. Contact the California Employees Lawyers Association for representation where a lawyer would represent you for no upfront costs. I hope that helped. Please sk any follow-up questions. Please rate my answer so that i may be credited for my time. I thank you in advance for your cooperation.
Expert:  Attorney2020 replied 9 months ago.
Here is a link to the website for the California Employees Lawyers Association: https://www.cela.org/?page=4 I hope that helped. Please sk any follow-up questions. Please rate my answer so that i may be credited for my time. I thank you in advance for your cooperation.
Expert:  Attorney2020 replied 9 months ago.
Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation.
Expert:  Attorney2020 replied 8 months ago.
I hope that helped. Please ask any follow-up questions. Please rate my answer so that i may be credited for my time. I thank you in advance for your cooperation.

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