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Archive for November, 2009

Overtime

November 24th, 2009

Overtime is based on the regular rate of pay. Generally, the hour used to compute the regular rate of pay maybe not exceed the 8 hours per workday. 40 hours per workweek.

The following are examples of how to calculate the regular rate of pay:

  1. If you are paid on an hourly basis, that amount is the regular rate of pay.
  2. If you are paid a salary, the regular rate is determined as follows:
    1. Multiply the monthly remuneration by 12 (months) to get the annual salary.
    2. Divide the annual salary by 52 (weeks) to get the weekly salary.
    3. Divide the weekly salary by the number of legal maximum regular hours (40) to get the regular hourly rate.
  3. If you are paid by the piece or commission, either of the following methods may be used to determine the regular rate of pay for purposes of computing overtime:
    • The piece or commission rate is used as the regular rate and you are paid one and one-half this rate for production during the first four overtime hours in a workday, and double time for all hours worked beyond 12 in a workday; or
    • Divide your total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours. For each overtime hour worked you are entitled to an additional one-half the regular rate for hours requiring time and one-half, and to the full rate for hours requiring double time.

    A group rate for piece workers is an acceptable method for computing the regular rate of pay. In using this method, the total number of pieces produced by the group is divided by the number of people in the group, with each person being paid accordingly. The regular rate for each worker is determined by dividing the pay received by the number of hours worked. The regular rate cannot be less than the minimum wage.

  4. If you are paid two or more rates by the same employer during the workweek, the regular rate is the “weighted average” which is determined by dividing your total earnings for the workweek, including earnings during overtime hours, by the total hours worked during the workweek, including the overtime hours. For example, if you work 32 hours at $9.00 an hour and 10 hours during the same workweek at $7.00 an hour, your weighted average (and thus the regular rate for that workweek) is $8.52. This is calculated by adding your $358 straight time pay for the workweek ((32hours x $9.00/hour) + (10 hours x $7.00/hour) = $358) and dividing it by the 42 hours you worked.

Restaurant Sweeps

November 23rd, 2009

A sweep of the restaurant industry for labor violations recently yield over $800,000 in fines for various labor law violations. Most of the fines were for lack of worker’s compensation insurance but also included failure to pay minimum wage or overtime.

Unregistered Carwashes

November 22nd, 2009

California requires all carwash and polishing businesses to be registered with the State governmental agency. The purpose of this requirement is to protect employees of car washes from under the table cash payments, child labor laws, and a lack of worker’s compensation insurance.

Recently the California Labor Commission file an action in the San Diego Superior Court to shut down a San Diego carwash for failing to register with the Labor Commissioner’s Office.

Garment Industry Raid

November 21st, 2009

The Economic and Employment Coalition recently raided 21 garment industry businesses in Los Angeles county and cited 14 of them for several labor law violations including failures to pay the minimum wage and failure to to pay overtime. In total there was more than $183,600 in fines.

Hollywood settle labor dispute

November 20th, 2009

A law dispute between the union representing the Hollywood below the line workforce and the American Film Institute has been settled.

Last week, the president of the International Alliance of Theatrical Stage Employees (IATSE), issued a denunciation of AFI, accusing the nonprofit group’s management of using scare tactics to discourage concession workers at its Silver Theater and Cultural Center in Silver Spring, Maryland from joining the union, which represents 110,000 workers in the film and theater industry.

The dispute threatened to disrupt the AFI Fest in Los Angeles this week when the IATSE called for a boycott of all AFI events, but stopped short of calling for an actual work stoppage by the IATSE concession workers at the Grauman’s Chinese Theatre where AFI films are screened.

The fight ended on Wednesday when the union announced that it had negotiated an agreement with AFI to represent the Maryland theater workers. The agreement provided “significant wage, benefit and condition improvements,” according to a statement from the guild, which touted how the IATSE had “put pressure on the company by informing the public of the dispute.”

Welcome

November 20th, 2009

During tough economic times, employer will tend to try to cut corners and push their workers to work harder and longer hours without necessarily compensating their workers with the belief that they can get away with it because of the worker’s fear of unemployment.

If anything, in tough times, workers must unit to fight for everything that we are entitled to to survive.




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