Turley Law's online newsletter for July 2017
Watching Your Wages So You Can Watch the Road
AUGUST 2017 Local 619.407.9902 Toll Free 888.855.8658
The Proof Is in the Paystub How to Catch Wage Violations
You might be surprised to learn the lengths employers go in order to avoid paying workers what they are owed. Things that seem like small infractions, maybe even accidental ones, are usually purposeful. And believe me, everything adds up. You can bet the companies that you think are cutting small corners are probably stealing a lot more of your wages than you probably realize. Some examples of how warehouse workers are cheated out of wages We represent a lot of warehouse workers. Let me paint a little picture that might be familiar to a lot of people. You arrive at work, where your employer has you go through security, change into your work clothes, walk across a warehouse the size of four Costco stores, and then clock in. After your shift, you clock out and repeat the same process in reverse. If you’ve been in this situation, I want you think about all the time you’ve spent at work without being paid. Even if it’s 20 minutes a day, that adds up to over 5,000 minutes per year — 5,000 minutes you should be paid for. The California Labor Code makes it explicitly clear that you should be paid for any time spent “under control of the employer.” Anything less than that is wage theft, plain and simple. Here is another way we see warehouse workers cheated out of wages. The company gives you a 10-minute rest break. But under California law, you are entitled to a “net” 10 minutes of rest time. If part of your 10-minute rest break is having to walk to the bathroom or to a “suitable resting facility” — then you haven’t received a legally compliant rest break. Under California law, you are entitled to be paid an hour’s pay for every noncompliant rest break. This can add up really fast. When this hour’s pay isn’t included on your paycheck stub, then you also have a paycheck stub violation. How to uncover wage theft for drivers, warehouse workers and all other workers When it comes to uncovering wage theft, I always say there are three ways I can tell when an employer is up to something fishy. The first is through conversation. When I talk to workers for 10 minutes or so, I can usually get a pretty good picture of how the
company is stealing their wages. The second is through examining time records/clock records. That is, records the company has of you clocking in to begin your shift, clocking out and back in for meal breaks, and clocking out to end your shift. The third, and sometimes the best evidence of all, is through taking a look at paystubs. Paystubs, or wage statements, can prove invaluable when it comes to demonstrating that an employer is siphoning wages out of your wallet. With paystub violations, there are two major categories: omission of required information and data manipulation. Certain details must be present on every paystub. Hourly rate, or piece rate for employees paid by production, must be disclosed. The same goes for time worked. If your employer isn’t willing to reveal this on your paystub, odds are they are hiding something. Data manipulation is another common tactic. If you are looking at your paycheck and it seems a little light, and it seems that you should have earned more money this pay period, then your employer is probably engaged in time shaving. They “shave” 10 minutes here, 20 minutes there. You would be amazed at how often this happens. There is intense pressure on supervisors to lower labor costs. Time shaving is how they pull this off. Only this is your time, and it is taking money off you and your family’s table. It is wage theft, no two ways about it. The best way to combat paystub violations is to monitor your time independently. Unfortunately, most people don’t start keeping track of their own time until they sense something is up. Your paystubs, though, can build a paper trail that’s hard for an employer to refute. If you are the victim of paystub manipulation, you may be entitled to wage statement penalties up to $4,000. Like I said earlier, it all adds up. Your employer certainly doesn’t take kindly to you cutting corners at work, and you should hold them to the same standard. Any money they withhold from your check is money taken out of your pocket. It hurts you, it hurts your family, and you don’t have to stand for it. - Bill Turley
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Hang on to Your Seat
Vitim River Bridge Location: Siberia
Siberia is about as remote as places come, which means they don’t have a lot of money to devote to luxuries like guardrails and pavement. The Vitim River Bridge, which is made up of rotting wooden planks, is only six feet wide. If that wasn’t challenging enough, the bridge is covered with ice for most of the year. It might not be a long stretch of danger, but every inch has drivers white-knuckling it. Commonwealth Avenue Location: Philippines A modern 18-lane highway might seem an odd choice for this list, until you consider the insane traffic and aggressive drivers who traverse it every day. Located in Quezon City, the road is packed with cars, trucks, motorbikes, and even pedestrians. Drainage is poor, so flooding is common, and no one on this road has any concept of the “right of way.” It may not have the striking topography of some of the world’s other gnarliest roadways, but make no mistake, it’s just as dangerous.
If there’s anybody who knows how to handle treacherous roads, it’s the skilled truckers who haul up to 80,000 pounds at high speeds. American drivers enjoy an extensive and modern infrastructure; however, those who deliver goods in less developed nations don’t always have it so easy. The world is full of roads that make even the most experienced drivers tremble, and here are a few of the scariest. North Yungas Road Location: Bolivia The North Yungas Road, which links the Bolivian capital of La Paz with Coroico, has gained an infamous nickname: the Death Road. It may be only 40 miles long, but those 40 miles are among the scariest you’ll ever encounter. The road is carved into steep cliffs overlooking a vast canyon. Turns are razor sharp, and protection for those that go over the edge can best be described as nonexistent. The Death Road gives new meaning to the phrase “buckle up.”
California Truck and Delivery DriverWage Theft call here 619-407-9902 The easiest way to refer other people to us!
We realize that some folks may be a tad squeamish about referring others to a lawyer. We make it easy for you. Just call us and we can send a free copy of our California Truck and Delivery Driver Wage Theft book to you or to whomever you think might benefit from reading the book. Call 619-407-9902 or email Lisa at lromero@turleylawfirm.com . Thanks for thinking of us. - Bill Turley
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Turley and Mara Law firm getting together for a lunch after a big win in court.
Hanging out in a mainland Mexico fishing village.
3-time Olympic gold-medalist and 3-time Collegiate National Champion, the winningest volleyball player ever, Karch Kiraly
Kai gets her “arm” autograph from Karch while Wai looks on
Summertime Frozen Yogurt Pie Mayumi Turley’s Recipe of the Month : Looking for a summer dessert you don’t have to feel guilty about indulging in? Try this easy, low-fat frozen treat!
testimonials I worked with Turley after someone at my company filed a lawsuit against our employer. I am glad that person chose the Turley Law Firm. They do an excellent job of answering all of your questions and easing your doubts. If I ever needed their services again I would hire them without thinking twice. Alex G. “This is a great book full of info for us California drivers. I just wish I had this book 28 years ago when I started driving.” James O. “Very insightful and detailed on topics I never knew about that are vital for truck drivers such as myself. Great read!” Danny
Ingredients
1 premade graham cracker pie crust
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1 (8-ounce) container Cool Whip
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1 cup frozen or fresh mixed berries (strawberries, blueberries, and blackberries)
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3 (6-ounce) containers regular yogurt (berry flavors work best)
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Instructions
1. Combine Cool Whip, mixed berries, and yogurt in a bowl. Mix with a spatula until well-blended. 2. Pour yogurt mixture into pie crust. 3. Cover pie with foil or plastic lid. 4. Store in freezer for at least 3 hours, or until frozen through. 5. Serve frozen or slightly thawed.
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HELPING CALIFORNIA TRUCKERS GET THEIR HARD-EARNED WAGES BACK Watching Your Wages so You Can Watch the Road Local 619.407.9902 or Toll Free 888.855.8658 www.TurleyLawFirm.com facebook.com/theturleylawfirm
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inside The Proof Is in the Paystub PAGE 1 White-Knuckle Roadways PAGE 2 Get a FREE Copy of Our Book PAGE 2
August Testimonials PAGE 3 Summertime Frozen Yogurt Pie PAGE 3 Pet Photo Contest PAGE 4
Pet Photo Contest
OUR PET PHOTO CONTEST CONTINUES Please send us your cool/cute/bizarre pet photos. We have lots of great prizes still to give out! Please email your pet photos to ebarrena@turleylawfirm.com or text them to (858) 281-8008.
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THE TURLEY & MARA LAW FIRM NEWSLETTER
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