Giving employees a tip is a well-accepted and legal practice in the business environment. Both the federal and the California laws have long recognized that the tips and gratuities left by satisfied customers after a service should sorely be in favor of the employee. Even though this law is well established, some employees in the hospitality industry and other business sectors still fall victim to the tip and gratuity theft. Below are some important tipping standards and laws governing gratuities in the state of California. Read on to get started.

Gratuities and Tips 

Wages and gratuities are two different set of rewards for the employees. Tips are not legally considered as a part of the wages and are not included in the regular rate of pay when calculating the employee’s unpaid overtime.

Under the federal & California-law, employers cannot take part or all of the tip given to the employee. Unlike other states, the California law doesn’t also allow the business owner to take tip-credits from the employee even if the tips exceeds the minimum wages to be paid.

Tip Pooling

This is a term used to describe the practice where employees collect their tips before they are re-distributed among the workers. Tip pooling, is, however, limited to employees regarded to be in a chain of service. The latter include services offered by bartenders, and hosts. Employees serving as cooks, cashiers or dishwashers are not part of the chain-of-service, hence tip pooling doesn’t apply. Tip pooling also follows a fair system where each employee is paid out in a reasonable proportion depending on the number of services offered. In a classical restaurant setting, the DLSE agency has formulated a fair distribution plan that sees waiters take 80%, buses-15%, and bartenders the remaining 5%. The question of whether this kind of distribution is fair or not depends majorly on the business set up and its level of performance.

When to Call it a Tip

When the tipping is voluntary and a satisfied customer pays directly in cash, then that is obvious. The employer, may however, choose to impose a mandatory-service-charge and the tip is not guaranteed. If the payments plus the tip is made with credit card; the rules might slightly change.

Mandatory Service Charges

For the case of large tables, catered events and private parties, the restaurant may impose a mandatory-service-charge on the bills. Under the California and federal law, payments made on such occasion is not considered a tip and the employer has the right to keep all the “service charge”. Most employers out of good will decide to pay some amount to the employees as a tip. Doing so, however, incur the employer some tax burdens and administrative cost.

Under California law, when the tip is paid with credit-card; the tip should be paid in full to the employee, regardless of the processing fee.

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California is a state with many laws that are in favor of the rights of employees. The Federal government has a few laws that are helpful in terms of getting a paycheck in a timely manner, but generally, each individual state is responsible for ensuring that employees are paid in a timely manner. California is generally very employee oriented.

General Employee Rights

Many states have similar laws regarding the timely payment of employees, and California is no different. Aside from Alabama and South Carolina, all states require that payments to employees are made on either a weekly, biweekly, or monthly schedule. Most states also require that employers openly provide notice of their payday scheduling to employees. Different industries are often subject to different requirements; in Hawaii, for example, employees in the private sector must be paid once a month, while those in the public-sector must be paid on a semimonthly basis.

Defining A Pay Period

In California law, a pay period is defined as an amount of time that has been predetermined by you and your employer that counts towards a given paycheck. The important part here is that a pay period is predetermined and cannot be changed at the whim of your employer.

Frequency

In California, an employee must be paid at least two times per month. Administrative, executive, and professional employees can be paid once a month, but payment must be rendered by the 26th day of the month that they are working, including days off that they may have. Employers must always make sure that their employees are informed of the pay schedule in California, and are not allowed to operate outside of this schedule.

Resolving A Late Paycheck Problem

If you feel that your employer hasn’t been paying you in a timely fashion, there are steps you can take to resolve the issue. This process will not give you instant money; if you are short on cash it is important that you try to seek immediate restitution directly through your employer. If you have the time and resources to take a legal course of action, though, here are the steps that you’ll need to go through to resolve the problem:

1. Get in touch with your employer. It is possible that your delayed paycheck was simply an oversight. While this doesn’t necessarily make things right, it does make the problem easier to rectify.
2. File a claim with the labor agency in California.
3. File a lawsuit in small claims court.
4. Consider hiring an attorney who specializes in labor to assist you.
   

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If your employer has broken any federal law or state law in California, then you are eligible to file a wage claim against him or her. In California, generally wage claims are filed in case the employer fails to provide the minimum wage or fails to provide overtime or meal expenses. If you want to file a wage claim against your employer, then you need to fill out several forms. First, you will have to fill Form 1 and then submit it to the DLSE office. In this form, you will be asked about your current employer, your work hours and the reason behind filing the claim. Depending on the reason, you may have to file several other forms like:

i) In case you are filing a claim due to unreasonable work schedule, then you need to fill form No 55.

ii) If your employer has failed to pay you commission, then you need to fill Form 155.

Filling these forms can be quite tricky. If you make any mistakes, then your claim may get rejected. Hence, it is advisable to ask a lawyer to review your forms. United Employees Law Group can help you out in this regard.

Documents required: Along with the form, DLSE may also ask you to submit some documents like:

1. Time records: They may ask you to submit some proof showing the number of hours and days you have worked over there. In case your office maintains a journal, then you can submit a copy of it as proof.

2. Payslips: You may also have to submit payslips to show how much wage you were getting paid. For cases related to unpaid wages, they are very important.

3. Bounced check: In case checks from your employer have bounced, then you need to submit a copy of those checks.

4. Notice of Employment: You may also have to submit the notice of employment, where your name, wage rate and address are mentioned.

The DLSE will also ask your employer to send all these documents. Hence, even if you have lost them, you don’t have to worry.

Time Limit: In case of most violations like failure to pay minimum wage or overtime, you have to file the claim within 3 years of the date of violation. However, it is advisable to file the claim as soon as possible. This way, it will be easier for you to get hold of all the latest documents.

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Most common concerns of Unemployment

Question: How does an employee qualify for unemployment insurance?

Answer: The main criteria is you have to be unemployed. You are not allowed to claim unemployment insurance for the same period of time you are working. This is illegal and can land you in a lot of trouble.

Additionally, you have to have been laid off or fired (not for willful misconduct). If you simply quit, in most instances you will not qualify for unemployment insurance. You should understand that even if you do initially qualify for unemployment benefits, your employer is able to appeal such ruling and that ruling could be reversed. Some employers do this for good reason and others because they are vindictive.

Question: Can I file my claim online or do I need to go to the unemployment office of EDD?

Answer: Conveniently, you may now file for your unemployment benefits online. No more embarrassing visits to the unemployment office.

Question: Can I be disqualified for unemployment benefits if my employer fires me for being late to work or failing to meet my performance goals?

Answer: To be disqualified for benefits your conduct must rise to the level of willful misconduct as interpreted by EDD or ultimately a judge. One example of this might be carrying a weapon to work; another might be driving a company vehicle while intoxicated.

It is not uncommon for an employer to attempt to challenge unemployment benefits if an employee has another labor case pending against the employer. The reason for this is that they will have a chance to question and gather evidence at this hearing that may enable them to have an advantage in the other labor matter. For this reason, it is wise to have a California labor lawyer represent you in the unemployment hearing if you have another labor case pending against the employer in order to keep the questioning on point with the unemployment issues only.

If you have questions related to unemployment insurance and cannot resolve them through communications with the EDD, it is important that you speak to a California labor lawyer.

This is especially necessary if you believe that you have other labor claims aside from unemployment insurance, as a California labor law attorney can advise you how to protect your interests prior to the hearing with EDD.

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Currently California’s minimum wage is $9.00 per hour. Recently though, California Assembly has approved a proposal for a new bill to raise the minimum wage up to $10 over the next 2 years. While some Assembly members were against this proposal, it was pointed out that the minimum wage has not been raised in over 5 years and that California’s minimum wage is still one of the highest in the country.

Interestingly enough, the city of San Jose has passed a measure to increase minimum wage from $8.00 an hour to $10.00 an hour. This change was effective March 11, 2013. Previous to San Jose, San Francisco was the only city in California that had a higher minimum wage than the rest of the state. San Francisco’s minimum wage is currently $10.55.

San Jose is the third largest city in the state of California, and the largest city in northern California, with a population nearing 1 million. It is home to Silicon Valley, one of the largest economic contributors to the state. The 58 % of the voting residents voted to have the minimum wage increased. This bill was motivated and supported by students at San Jose State University. The students worked closely with local nonprofits and the city leaders to bring this measure to fruition.

It’s important to remember that just because minimum wage has increased, not everyone will receive an increase in pay. But if you are considered a salary employee or an exempt employee you must be making at least 2 times the minimum wage, based on a 40 hour work week. This means that if you work in the city of San Jose you should be making at least $41,600 a year and if you work in the city of San Francisco you should be making at least $43,888.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a San Francisco labor law attorney who can help you understand your rights and in many cases will review your situation without charge.

If you have any questions about this article or our blog, feel free to call us at:
San Francisco – (415) 200-0012 or 1-888-455-7434

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Employment issues have increased drastically across numerous global companies in California. These issues are not only unlawful but at the same time they affect the company as well as the employee who spends his/her days of hard work for the company. To help you know more about such issues related to the workforce of California here are the top 4 employment issues which are becoming major concerns for global companies.
1. Use of Social Media at Workplace
The world of digitization has undoubtedly enhanced our way of living, however there are some restrictions associated with it. Now, it is often seen that employees are linked with social media with the help of their personal devices like mobile phones and this somehow blurs the line between personal activity and professional work. This is the reason why NLRB of California has created policies where any employee who uses social media platforms for personal activity can stand liable for the company.
2. Implementing Federal Health Care Law
ACA or Affordable Health Care Act which was delayed till 2015 which is mandate for employer has been officially finalized by the policymakers of California. This act says that employers need to send an official notice regarding Health Insurance Marketplace options to the employees. And if the employer does not adhere by this responsibility then he/she stands to be liable for the employee.
3. Fighting Against False Claim Acts
In the past years there has been a steady increase in false lawsuits, which are illegal under the FCA (False Claim Act). Most of the time, these type of cases lead to large settlements where the accused has to pay a hefty compensation to both the innocent victim and the government too, more or less for wasting everyone’s time. Hence, this shows that it is important for any employee to first understand the legal polices and law of their state and make their move in accordance to that. Consulting a knowledgeable and reputable attorney should be your first stop.
4. Protection from Bullying At Workplace
Bullying is not at all a new thing on the list. Over 25 states in US, including California have urged it to be one of the major employment issues at every sector. This is the reason why almost 16 bills are presently active around 11 states of US to gain complete protection from bullying at the workplace. Just when you though high school was over!?

If you are facing any of these issues at work United Employees Law Group is here for you.

Contact our team today for more information.

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California labor code section 2802 states that the employer should cover all the expenses which an employee incurs due to business purpose. Thus, if an employee buys any type of tools, supplies or equipment that are needed to complete their task, then the employer will have to reimburse the expenses incurred by the employee.

Labor Code Section 2802 states that:
The employer will have to reimburse any expenses or losses which an employee has to incur while going about his official duties or on the orders of his or her employer. Even if the duties were not lawful the employer is entitled to reimburse the amount in case the employee was unaware that the instructions were unlawful.
Any awards issued by the court of the Division of Labor Standards Enforcement for reimbursement of the expenses under this section shall include the interest just like the judgments of civil actions. The interest shall be levied from the time when the employee had to bear the expenses or loss.

The term ‘necessary expenditures or losses’ also include the fees which the employee has to pay to the attorney to enforce the rights which this section grants them.
Mileage is often ignored and in case the employer asks you to make use of your personal vehicle for the company, then you should be reimbursed for those miles. Presently the IRS suggests that around 55 cents should be levied for every mile. You should bear this in mind and in case the employer is unwilling to reimburse the whole amount, then you can seek assistance from an employment attorney or a tax professional who will guide you during tax time.

You should know your rights in case an employer tries to tell you that this is a part of your job and there will be no reimbursement, or in case the employer makes you believe that this is expected of you since you have got a promotion or are now at a particular designation.
Your employer may tell you that the distance is not too much and so you should not create an issue, but remember that even these small distances traveled everyday are sure to increase your mileage considerably every month.
The expenses of uniform too are not calculated correctly. The company needs to give you any particular items which they need. In case these items include the below mentioned characteristics then the employer will have to reimburse the amount you have spent:

If the employer makes it mandatory for you to purchase the item from them directly.
In case they specify a particular brand or include the logo of the company on the uniform.
In case the item is specially designed for your profession, for instance, a bullet proof jacket.

Labor Laws are not quite simple and in case you have any queries about the employment then you should get in touch with United Employees Law Group, who will be able to assist you in knowing your rights and will also evaluate the situation without levying any charges.

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Before you open the floodgates into your own life you need to know,

HOW MUCH IT’S WORTH!

How much scrutiny you are under can be greatly affected by what type of case your employment attorney chooses to employ to help you collect. Simply put, a case based on collecting money for emotional trauma will open a large can of worms as you try to prove that injury. Obviously an emotional case is going to get personal and it won’t just be about the time in which you claim the trauma occurred, but as far back as the court deems relevant.  In other words, if you claim all of your current depression and need for therapy or medication is a direct result of abuse you suffered on the job for the past year, they will go into your history to attempt to prove that you had these underlying issues previous to the alleged abuse at work. They will try to prove you had your own issues and that you are trying to make them pay for something they have nothing to do with. This type of case can hinge almost completely on this type of evidence and not on actual data from the job, for this reason they are much more invasive and harder to win.

The best way to avoid this is clear; build a winning case around cold hard FACTS.

At United Employees Law Group we have perfected our all angles approach so that we can gather all the necessary information to build a case which will result in the maximum reward. You may not even realize what type of case you really have, quite often our clients come to us with one complaint only to find they have an even stronger case in another area, i.e. you thought you had a wrongful termination complaint, but you stand to collect far more from the back overtime and penalties and because of computer records and security videos these are easily proven. Not to mention the fact that most cases well backed up with facts rarely even go to court we are able to settle many cases out of court and avoid the drawn out battle. This means you get to collect much faster.

We know how to build cases that win, if you are ready to stand up to an employer who owes you money CALL UELG NOW for a completely free and confidential case review.

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Travel time and mileage reimbursement can get a little tricky and is a common area that is improperly compensated to employees. The Department of Labor has issued several memorandums on these topics to help guide employers to pay this correctly, but it seem to be a constant source of confusion. Here are a few basic guidelines for travel time pay:

• Ordinary travel between home and work is not compensable time, even if the work location changes periodically within the same commuting area.
• If an employee is traveling to a different city (outside normal commute) and back again in one day, you must compensate the employee for all travel time during that day.
• If an employee arrives at any work location, and then travels to another site as part of their work duties, the travel must be counted as work time.
• Travel that keeps an employee away from home overnight is treated differently. The employer must normally only pay for travel time which occurs during normal work hours      (even if on a weekend).
• Keep in mind that the above rule for overnight travel only applies if the employee travels as a passenger.  If the employee drives himself, or any coworkers, consult your legal counsel on whether the trip is compensable.

The interesting part of travel time laws is that it does not specifically define the difference between a “long commute” and “travel” so this is often where the confusion begins. But this is why it’s important to consult an experienced California labor law attorney.
Travel time and mileage reimbursement seem to go hand in hand. If a company vehicle and gas card is provided to you, then mileage reimbursement would not apply. But if you drive your own vehicle and pay for your gas while traveling for the company, then you should be reimbursed for your mileage. The IRS recommends a rate of .55 per mile; this is what they will allow you to claim on your taxes. It’s important to note that this rate is not required by law. Companies may fluctuate in rate but they must be able to show how they arrived at the rate they are paying for mileage.

Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a San Francisco labor law attorney who can help you understand your rights and UELG will never charge anything unless we win your case.

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San Francisco Employment Class Action

A class action is a legal action brought to the court by a group of people in a similar class when they collectively sue another party or group. This is much like when a consumer group files legal suit against a company. This is known as a class action lawsuit. The California Legal Code permits the employees to file a class action suit against the employer company. California Law provides four different types of class action suits which can be filed by the employees.

Employee groups agree to file class action suits when the employer does not fulfil their basic requirements at the workplace which are mandatory in the California Labor Code. California law entitles the employees to proper meal and rest breaks, overtime wages,non-discriminatory working environment etc.under the labor rules. When the employer fails to do so, the employees can bring a class action suit collectively against him.

Many employers violate the labor laws of California and do not provide basic amenities to the employees like giving proper meal breaks. Many such matters when filed are settled out of court by the employers by paying compensation to the employees but there is not much change in their behaviour and they continue to breach the labor policies. The employer tries to pay less and get away with the case when an individual employee files the case. So it is always better to sue the employer in a class action lawsuit by a group of employees.

A class action suit is more effective because in it, more than one employee sue the employer for breach caused against all the employees who are working in the same place. When a class action suit is brought upon the company, it is much likely that the company will listen to the employees and comply with the laws. Moreover, the employees who have raised their voice and have filed the class action suit on behalf of the other employees are awarded additional compensation apart from their claims as an incentive. This is a reward given to these employees as they have put extra effort in bringing the plight of the employees in front of the court and filing the lawsuit against the company. This extra effort is rewarded so that other employees also can put up courage in the future against such discrimination and fight for their rights.

United Employees Law Group provides expert advice to the clients on how to effectively file their class action suit. Call today for your free consultation.

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