commission to hourly
I am a tow truck driver in CA. My employer has decided to change numerous policies without notice:
1 - we work for commission when we are on call (weekends & night hours), he is changing us to hourly. This would seem good - except that he is only going to pay us for the actual time worked, yet we might be on call for 48 hours.
2 - starting to drug test office employees, they have never been tested in the past.
3 - when I started he was paying for our insurance, now he says business is slow and I have to pay for it via a paycheck deduction (COBRA was never offered).
For #2 and #3, I would guess he can do this, but can he do this with no notice? For #1, if he wants to move us to hourly - does he have to pay us for every hour we are on call and can he do this with no notice?
Thank you!
Answers (1)
you should contact your local office of the california department of labor standards enforcement (dlse)(in your case probable in san jose), listed in the "california" pages of your phone book, and find out from them the rules regarding on-call employees. you also can go on their website, www.dir.ca.gov/dlse, to look up the rules, but they are not clear-cut. until you start to work under this regime and find out how you are to be on-call and how you are paid, it may be hard to tell whether the law is being violated. you also should consider paying an attorney with experience in employment law and especially wages and hours matters, a small amount to get some solid advice. you can find one in your area at www.celaweb.org.
good luck
janet m. koehn
ventura ca
posted by Janet M. Koehn | May 21, 2004 6:43 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers