Legal Question in Employment Law in California

per delivery versus hourly wage and overtime

I get paid 1.85 per floral arrangement that I deliver. When I was hired I was told I would get minimum wage or per delivery, which ever was higher. Sometimes I work 9 1/2 hours and only do 30 deliveries, I get paid for the 30 deliveries and that's it. Is this leagl? What about my 2, 10 minute breaks, how are they compensated for? Isn't my boss basically just begging me to speed and break traffic laws? I do not understand how paying per delivery is legal. I use a company van and he pays for all the gas, but I have to use my valuable delivery time to get it! I think I'm being ripped off. Please help me. If you anything I can give him a copy of or if I can/need to report him to someone, please let me know as well. Thank you!


Asked on 8/01/01, 10:32 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: per delivery versus hourly wage and overtime

Under no circumstances should you be receiving less than minimum wage. The easiest thing for you to do is to stop by the nearest Labor Commissioner office and pick up a copy of a wage order that applies to you and give your employer a copy of it. California law requires that all employers post such orders for employees to see so that they know their rights. Make sure you keep a record of all hours you work and, if necessary, file a claim for unpaid wages with the Labor Commissioner.

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Answered on 8/02/01, 12:08 pm


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