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In Employment Law
Sometimes workers are paid on a “daily rate” or a “day rate” – meaning the worker is paid a fixed amount of money to perform his/her job duties each day, regardless of how long the work actually takes to complete. While this may seem harmless, it is very risky for employers to pay their employees this way because they may not be paying overtime or minimum wage correctly.
Let’s simplify the difference between a domestic worker and a personal attendant.
Here are a few things to look at to see if a salaried employee may be entitled to damages for being misclassified.
Employers generally cannot retroactively change your entitlement to commissions for work that was already performed by you or for commissions that were already earned by you. In such instances, you should be paid all commissions already owed to you, and any retaliation by your employer against you for demanding that you be paid past-due amounts may constitute illegal retaliation under California law.