Does it feel wrong? Well it is! Paying your employees off the books or off the clock is illegal under California Overtime Law. If you can spare 3 minutes of your time, you can learn how to combat these off the clock schemes and potentially collect thousands of dollars from your current or former employers.
There are many small and large businesses that are resorting to paying their employees off the clock. These employers will hire workers specifically to work off the clock or off the books to save money. In their minds, hiring employees off the clock requires less paperwork and less out-of-pocket for overtime. They simply want their employees to get the job done so they can meet demands of business. Some employees who desperately seek employment will do anything simply to earn a paycheck, even if it requires working extra hours without receiving overtime pay. According to the California Overtime Law, this practice is illegal.
A noted California Overtime Law Attorney comments, We are not only seeing small companies adopting this illegal practice but even some of Americas largest companies are just as guilty.
Insider Tip #1 If you are being paid off the clock KEEP YOUR OWN RECORDS along with dates, times and witnesses, invoices, and emails showing when you are working.
Illegal Practices under the California Overtime Law
The state of California's overtime law consists of several rules and precedents that manage the compensation of employees. The California overtime law requires companies to abide by the laws that protect workers. The following practices are illegal under the California Labor Law Overtime:
Refusing overtime pay to employees by eliminating breaks such as lunch
Refusing to compensate for overtime pay for commuting from business-to-business or from business to worksite and back
Refusing to pay for overtime for training and meetings
Forcing workers to work on the weekends without recording overtime hours
If employees are being forced to work under these illegal conditions, they should seek legal help immediately. Off the clock work is not only unlawful, but is unfair competition, the Attorney adds.
Insider Tip #2 Employers seek to have workers work less than full time on the clock and the remaining hours off the clock in order to call them part time workers and avoid paying benefits. This is illegal and if this is happening to you, you should seek the advice of an attorney immediately.
Determining Employees over Independent Contractors
The California overtime law includes any person who provides hourly service in any business for an employer in return for wages. Wages include piece work as well as commission. Those who are self-employed or independent contractors arent labeled employees under the California overtime law. So, employers are not required by law to pay their independent contractors overtime pay.
However, employers who classify their independent contractors as employees are required to pay their workers for overtime pay. According to the California labor law, its the responsibility of the employer to determine whether or not a person is classified as an employee or an independent contractor.
Insider Tip #3 If you are called an independent contractor, but your boss sets your schedule, or you use his tools, or he supervises and controls what you do, you are likely an employee. To be certain, contact a California Overtime Pay Attorney.
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