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Do You Have the 3 California Overtime Pay Secrets to Getting All of Your Expenses Reimbursed?

By: Tymon Hytem Have you ever spent money for work and thought it was coming back to you on your next paycheck, but it didn’t? That has happened to many employees. Find out what your labor attorney already knows! If you can spare 60 seconds, here are 3 ways to put a stop to this and always get your expenses reimbursed.
Step 1: Keep Good Records as advised by your labor attorney
Records and receipts are critical to proving up your expenses whether they are reimbursed immediately or have to be compelled through a lawsuit.
Step 2: Review Your Employee Handbook
Check out your handbook and see if it addresses reimbursements. If it does write a letter for reimbursement in accordance with the handbook and submit it with your receipts, of course retaining copies.
Step 3: Additional Correspondence.
With the help of a California Labor Attorney, send a demand for your expenses and have him cite the California Labor Law. Sue them if necessary if they will not pay or start a class action case if there are enough employees not being paid back their expenses.
As per California Overtime Laws, in 2005, a California Court of Appeal stated that employers are allowed to increase their employees pay in place of providing travel reimbursements as long as there is a mutual agreement between the employer and employee. However, many employees still argue that they should receive overtime pay or reimbursement for travel.
Additional Notes: With this overtime law, there are a few new responsibilities required of employers. Employers will be required to provide their employees with an itemized statement in writing that explains the calculation of the mileage reimbursement or overtime pay. Under California Labor Law Overtime, employers will also be required to include the starting and ending of the time period for which the mileage reimbursement check was delivered. They will also be required to list the rate of reimbursement used, as well as the amount of miles being reimbursed.
A recent case in which a California employer was taken to court over reimbursing employees for business expenses involved a marketing company which employed outside sales representatives to sell its products. The sales representatives were required to drive the personal automobiles to perform their tasks and were paid a higher base salary (overtime pay) and commission rates to compensate for auto expenses. As a result, a group of outside sales representatives sued the company, charging that Labor Code Section 2802 (this requires employers to identify employees for all required expenditures incurred in performing a task) gave the company a right to reimburse them for actual auto expenses or at a per-mile rate, and increased salaries or commissions (overtime pay) were not a lawful alternative.
A California Court of Appeal took the employer’s side finding that overtime law in California doesn’t preclude an employer from paying commission or an increased salary (overtime pay) in lieu of reimbursement for actual auto expenses or even a reasonable mileage rate (as long as the increased compensation is sufficient to cover the employee’s costs. The California Supreme court stepped in to review the decision, in accordance with California Overtime regulations. The court still has to look at whether an employer complies with its duty under the Labor Code section 2802 to identify its employees for expenses they may incur in the discharge of the duties by paying the employees more wages or commissions, as opposed to reimbursing them for the actual expenses under California Overtime.
If you are a California employee and believe you are owed Overtime or your employer has violated your rights, take action now and talk to an Experienced California Labor Attorney.
By: Lars Sheckton

Article Source: http://www.lifeweightloss.com

Lars Sheckton is a freelance journalist who frequently contributes and comments on California Labor Law issues and how to find a good Labor Attorney . Get the only information about California Labor Laws that you will ever need in a Free Ebook .

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