Author: timothymccandless

June’s series will go deeper on wage law topics that workers with existing claims — or employers facing audits — need to understand. What’s Coming in June June will cover: how to handle a DLSE hearing when the employer shows up with an attorney, the class action vs. individual PAGA decision, calculating damages in misclassification…

Today is the last day of May. If you’ve been following this series and believe you’ve experienced wage theft, here is your action plan. Five Steps to Start Today 1. Pull all pay stubs you have for the past three years. 2. Reconstruct your hours as best you can — using phone records, emails, or…

This month’s series covered California wage law comprehensively — from basic overtime calculations to advanced topics like piece rate pay, PAGA notices, and gig economy classification. Series Summary We covered: overtime calculation (daily and weekly), meal and rest period premiums, final paycheck rules, expense reimbursement, misclassification under AB 5, the DLSE filing process, PAGA notices,…

California’s ongoing legal battles over gig worker classification have produced a complex, evolving landscape. Proposition 22 created a separate framework for app-based workers — but that framework still includes minimum earnings guarantees and expense protections. What Prop 22 Provides Under Proposition 22, app-based workers (rideshare and delivery) are entitled to: a minimum earnings guarantee of…

Some employers have a documented history of wage violations. Researching that history before filing your claim gives you information that strengthens your case and helps you calibrate your settlement expectations. Where to Look The DLSE maintains public records of wage claim adjudications. Court records (PACER for federal cases, case.net for California cases) reveal prior wage…

Most DLSE wage claims settle at or before the settlement conference. Understanding what makes a good settlement — and what to watch out for — helps workers maximize their recovery. Elements of a Good Settlement A fair settlement covers: the full amount of underpaid wages (or a reasonable compromise if there is genuine dispute), meal…

California’s agricultural workers have fought for — and won — specific legal protections that don’t exist in other industries. Understanding these protections is essential for farmworkers who have experienced wage violations. Key Protections Agricultural workers in California are covered by: minimum wage law, overtime (though with different thresholds than non-agricultural workers), meal and rest period…

Construction workers in California have additional wage protections beyond those available to other industries. Prevailing wage requirements on public works projects, craft-specific wage rates, and specific apprenticeship rules all affect what construction workers are owed. Prevailing Wage Basics California’s prevailing wage law (Labor Code § 1720 et seq.) requires that workers on public works projects…

Many wage theft cases involve incomplete or missing time records — either because the employer never kept them, destroyed them, or the worker kept their own but the employer disputes them. California law helps workers in exactly this situation. The Burden-Shifting Rule The California Supreme Court’s decision in Donohue v. AMN Services established that when…

California’s minimum wage is among the highest in the country — but the floor is also more complex than most workers realize. Local minimum wages, industry-specific rates, and the interaction with piece rate pay create opportunities for underpayment that employers sometimes exploit. The Current Landscape California’s statewide minimum wage is $16/hour as of January 2024.…