Legal Question in Employment Law in California
docking of pay
I have a couple of questions, I am a pool cleaner and am paid ''piece'' work (per pool). If a customer calls with a complant my boss docks my paycheck.ex.if i get a complant he will take away 2 full days ,that i have already done, worth of pay. Is it legal or is there something i can do about it. Also when we are paid he uses a formula to put it into an hourly wage. At first it was no problem until i realized by doing this i am not consided full time even thought i work around 50 hours per week. Also for this same reason It is impossible to be paid overtime even though i work 10-12 hours per day. He says this is all legal because I an paid ''piece'' work, is he right
3 Answers from Attorneys
Re: docking of pay
Your employer is not paying you currently under California law. You are entitled to an hourly wage and overtime for any work over 8 hours in a day or 40 per week. He may not pay you "piece" work per pool. Please feel free to call or email with any further questions.
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Re: docking of pay
It is legal to pay piece rate but if it is just a sneaky way to get around having to pay overtime, yet treats you as an hourly employee for other purposes, this employer may be being getting himself in trouble. Also, he should not be docking your pay for customer complaints. I suggest you go to the nearest California Labor Commissioner's office to file a complaint against the employer, or meet with an labor law attorney in your area first.
Re: docking of pay
No, No, and No. No, the employer cannot dock your pay. No, the employer can't hide behind piece rate to avoid paying overtime. And no, the employer can't convert a piece payment rate into an hourly wage to avoid giving you any full time benefits. As the other attorneys have said, you should see an attorney or contact the Department of Labor Standards Enforcement.
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