Find Out How To Put Your Boss In The Penalty Box For Violating California Overtime Laws

By: Jim Corkern
Feeling used and abused from working long extended hours for no additional pay? Gone are the days when an employer was able to get away with not paying their non-exempt employees overtime pay. California employees no longer have to settle for not receiving appropriate overtime pay from their employers. Employees are taking action against their employers who violate the California overtime law by refusing to pay overtime. Employers who violate the California Overtime Law by neglecting to pay overtime will be charged a penalty of $50 for each unpaid worker and for each pay period the worker was paid incorrectly. However, in 2004, Governor Arnold Schwarzenegger tried passing laws to make it more difficult for employees to file suit against their employers over overtime pay.
However, employees currently have the right to sue their employees who refuse to pay overtime In 2004, an International Coffee & Tea Company was fined for unpaid overtime pay. In 2005, this company was fined up to $350,000, under the California\'s overtime law. According to former employees of this retailer, they were forced to work overtime off the books and were refused appropriate overtime pay. This is how The Labor Code Private Attorneys General Act of 2004, better known as the \'Sue Your Boss\' law, was established.
Employees Sue for Unpaid Overtime
A former manager of this coffee & tea retailer claimed that their company policy required its employees to clock out of work after completing 8 hours then continue their tasks until finished. The store manager was fired and acted as a de-facto prosecutor by taking the retailer to court on behalf of other store managers and supervisors who did not receive overtime pay since 2003.
An experienced California class action overtime attorney, Walter Haines comments, "I have filed many class action cases against large companies who have failed to pay their employees the overtime wages, penalties, and interest they are due." There are currently two exceptions to the California Labor Law Overtime. For example, if workers are under a collective bargaining agreement that provides some overtime and it is specified that the worker will receive 30% above the state minimum wage.
Attorney Walter Haines adds, "The California labor code is clear that certain penalties apply and are due and owing of employers who fail to pay their employees the overtime wages they are due." The second exception is when employers implement an alternative workweek schedule and the schedule receives approval of 2/3 of their workforce. This allows employees to actually work 4x4s or four day shifts of up to 10 hours per day without receiving overtime, just as long as they don\'t exceed 40 hours within a week.



Article Source:http://www.articleboy.com


Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such as || Overtime and California Labor Law||

3 Amazing but Little Known Facts About The Proof Needed To Show That You Worked Overtime Under California Overtime Law

By: Jim Corkern
Although there is no specific law solely to impose a retention requirement for records on employees, California Overtime Law is designed to combat discrimination and covers various labor practices.
California Labor Law Overtime declares that there is a natural disparity between what employees think they should be paid and what organizations spend in compensation. As the difference becomes too great and another opportunity occurs, it can result in a turnover under California Labor Law Overtime. Overtime pay is the extra cash compensation for the hours non-exempt (eligible) employees work in excess of 40 hours in a work week or 8 hours in a day—according to California Overtime regulations.
Although employers may pay eligible employees by another method than hourly (piecework or annual salary), employers must still calculate overtime pay based on hours eligible employees work each work week under overtime law. Overtime pay is due on regularly-scheduled paydays for which employees earned it. Under California Overtime Law wage regulations, records must be maintained for overtime hours and overtime pay.
California Overtime Laws
Overtime Law regulations don’t require employers to pay overtime to employees for standby duty (carrying a wireless telephone or company pager), unless the employer imposes additional restraints such that the employees can’t effectively use standby time for independent pursuits. California Overtime Law requires that time records be maintained for employees subject to overtime. California Labor Law Overtime covering paying overtime by an employer is one and ½ times regular rate after an 8 hour day or 40 hour week.
A California Overtime Law Attorney states “In the event an employee works overtime, but the employee or the employer have kept no records of such overtime the court tends to rely on the testimony of the plaintiff and other witnesses to determine if overtime is worked, and if so, how much.”
Overtime Law requires employers to pay overtime if they call the employees to work from standby duty; moreover, if the employees eventually work over 40 hours in the same work week as a result. This normally requires employers to pay overtime if they make training mandatory during or even outside of regular work hours—if the hours worked, including training, exceed 40 hours in the work week. Whatever the case maybe for the overtime, record retention is a must under California Labor Law Overtime. The Attorney adds, “Just because an employee does not have a hard record of overtime worked does not mean a valid claim cannot be made for such overtime. The burden of record keeping lies with the employer and not the employer under California labor law.”
Here are the 3 Amazing Facts About Keeping Records About Your Overtime Pay:
1. In the absence of time cards, or computer log in, information or time sheets, the courts will rely on your testimony.
2. If your testimony can be corroborated by witnesses this will strengthen your case.
3. If you can support your testimony with ie. Emails to your supervisor or others with a date and time stamp, voice mails telling you to work overtime that you saved, or work orders that have the date and time stamp, this will also help you to show the overtime hours you worked.



Article Source:http://www.articleboy.com


Kathleen Armitage is a freelance journalist who frequently contributes and comments on California labor issues. Learn more by visiting web sites such as || Overtime and California Labor Law||

Connecticut Auto Bill Of Sale Laws

By: David F.
An auto bill of sale is made for the purpose of privately selling your vehicle. An auto bill of sale is your legal receipt to prove you paid for the vehicle.

A bill of sale should include the vehicle information such as the make, model, year, VIN (vehicle identification number), and the odometer reading at the time of the sale. You also will need to include the buyer and seller information on your auto bill of sale form; this will include info such as the name and address, and the signature\'s of both buyer and seller. The last thing Connecticut requires to be on your auto bill of sale form is the selling price and the date the vehicle was sold.

You can obtain a bill of sale (H-31 form) from your local DMV (Department of Motor Vehicles) for a \"print fee\", my DMV in Florida has charged me over ten dollars for one of these \"print fees\". When the bill of sale is completed, the purchaser must present the completed form to the Motor Vehicle Department with other forms required for proper registration. The best thing to do is go online and download an auto bill of sale kit that includes instructions and all the forms you need for the same price.

At any time you can obtain a copy of the original Bill of Sale once it’s filed by filing a Copy Records Request (Form J-23), which you can request to be mailed to you. Connecticut courts charge a twenty-dollar fee for a Copy Records Request, and usually takes about four to six weeks to receive a copy of the Bill of Sale that you specifically requested.

A Bill of Sale is not simply limited to an automobile; you can use a Bill of Sale to sell a boat, vessel, motorcycle, a motor vehicle, or other motorized vehicle.

Article Source:http://www.articleboy.com


This article was brought to you by Legal Forms Bank .Biz where you can download all the forms you need to file your Auto Bill of Sale. We also provide a Colorado auto bill of sale kit and SC auto bill of sale kit.