General Interest Atty. Conrado "Joe" Sayas
Q.Looking at my time cards, I noticed I usually worked more than eight hours, sometimes 25 minutes, or up to 45 minutes more than my normal shift. My boss rounds this down to eight hours. Am I entitled to be paid for the extra minutes even if it does not reach one hour?
A. Yes. You are entitled to wages not only at your regular rate but at the overtime rate of one-and-a-half times your regular rate, for any hour or fraction of an hour in excess of eight hours per day.
ONE of the most important aspects of a wage claim is how employees can prove that their employer owes them additional compensation for hours worked. If an employee is claiming unpaid overtime or that he or she never takes a meal break but works during lunch, it is useful for the employee to have kept accurate time records during the work period.
Although the law does not require employers to use time clocks, the law does require employers to keep accurate records. These records should be in ink or other indelible form that show when non-exempt employees begin and end each work period. The records must show the actual hours worked by the employee. Work schedules posted in advance cannot be used to compute the employee’s work hours.
Q: I work for a company for more than 3 years. When we are sick, we can take the day off but we are not paid. I have friends in other companies who take a sick leave for as long as two weeks and they get paid. Shouldn’t all employees in California be paid for sick leave?
A: The Labor Code does not require employers to offer paid or unpaid sick leave to employees. However, the Labor Code regulates sick leave if an employer does offer sick leave benefits to employees.
WE have had several discussions about insurance companies improperly canceling policies and leaving policyholders without insurance coverage when it’s most needed. Policyholders end up with a pile of expensive bills to pay. The worst of these cancellations affect health insurance policyholders whose policies are cancelled while they are in the middle of expensive treatments for serious or life-threatening illnesses.
The insurance company’s practice of canceling policies after a claim is made is called "rescission." Rescission happens when insurance companies engage in "post claims underwriting." They do this when a (very expensive) claim is made on the policy. The policyholder’s insurance application on file with the company is reviewed. Or in the case of health insurance, the patient’s medical history is reviewed. If the insurer finds undisclosed or incorrect information, it cancels the policy.
Q : I work as a nurse in a hospital. I work 4 days a week. Twice a week I work 12 hours per shift and the rest of the days I work 8 hours per shift for a total of 40 hours per week. When I work an 8-hour shift, I am paid $30 per hour. When I work the 12-hour shift, I am paid $26 per hour for the fi rst 8 hours and $39 per hour (or time and a half) for the next 4 hours. I have computed my earnings during the 12-hour shift and it looks like I am still being paid an average of $30 per hour for all the 12 hours I work and my overtime hours do not really matter. This is true not only for me but for all the other nurses I work with. I was told that this is company policy and that it is perfectly legal because we are still being paid overtime at the premium rate. This does not seem fair. Is this really legal?
A stranger who expects to receive lots of money from an insurance company when Grandpa dies early will obviously not think about safeguarding Grandpa’s life.
Seniors and their families are informed of an insurance scheme that may victimize seniors and expose them to financial risks and potential legal liabilities. This scheme has become commonly known as "Stranger Originated Life Insurance" (STOLI) or "Speculator Initiated Life Insurance" (SPINLIFE).
Q: I AM a computer technician and I work for a company that services the computers of other offices. I usually travel to various locations to do computer repairs and maintenance. I also install and update software and create and maintain computer networks. I usually work at least 10-hour days, six days a week. I receive $3,000 a month and my manager tells me I am exempt from overtime laws. Is this true?
A: No, it is not. Based on your actual job duties, you are not exempt from overtime laws and should, therefore, be paid overtime if you work in excess of 8 hours per day or in excess of 40 hours per week.
SENIORS and retirees are often the victims of fraud and illegal schemes, particularly those schemes that play on their sympathies or emotional vulnerabilities or take advantage of their failing physical and mental health. Such scams include:
Financial Advisors and Investment Scams
There are investment seminars that offer "free lunches" and "guarantee" large rates of return in short periods of time. This column has in fact previously discussed this particular scam in detail. Seniors (or any investor for that matter) should investigate the company offering the investment product before investing. Resources are available for protecting oneself against such scams. One may call or visit the website of the California Department of Corporations to educate oneself about this matter.
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