Car Haulers

Car Haulers! You know, the guys who drive those trucks which hold cars on them, as they’re being transported to either a new or used-car lot!

Suppose that was your job! Suppose, when you got to work, you were scheduled to leave the lot, cars already loaded up, and be at some 10,000 used-car lot that afternoon, 350 miles away, say from San Jose to Los Angeles, California, maybe on Ventura Blvd.

Your manifest says it’s only 340 miles, and should only take about five and a half hours. But that doesn’t include any traffic congestion, downed motorcycles, broken-down semis, police activity, weather, or any other inconvenience that might slow down the trip.

So supposed you’re to be paid for 5.5 hours and that’s it. Do you think that’s fair? No? Actually, neither does the law in California.

Even worse, what about pre-safety checks? Or stopping to ensure everything is still tied down tight?

Or highway patrol stops? Or construction! Or stopping for the bullet train to fly by!

What about dead-heading – You dropped your load, turned around, and headed back home, with no load and no pay. Doesn’t that make your being underpaid for working more than the scheduled hours make it all the worse?

In California, you may even be entitled to an hour’s pay if you don’t get a half-hour meal break after 5 hours’ work, and another hour’s pay if you don’t get a 10 minute rest break for each 4 hours you work.

Are you being denied all of your pay? Know someone – a friend, maybe or a relative – who is being shorted this way?

Have them give me – tomthelawyer – a call at 818-547-5200 or 626-75-0205. Or email me at While you’re at it, take a look at our website,, showing all the class actions we’ve filed on behalf of truckers, bus drivers, van drivers, cab drivers, messengers, servers, accountants, pharmacists and a host of other professions.

Keep on truckin’ – and get paid all you’re due, while you’re doin’ it.

Parking Lot Attendants

Do you think there’s anyone who’s ever driven a car who hasn’t used a parking lot?

Think about it. Most of the time, not all of the time, but most of the time, parking lots are taken care of and watched over by parking lot attendants.

What about this? Have you ever seen a parking lot with a sign that said, “Back in 30 minutes. On a break?” Or driven up to a parking lot with no attendant which was closed for a break? Of course not. Such attendants often have to work through their breaks. They often don’t get such time off.

We currently have a case filed on behalf of parking lot attendants, and are hopeful we can get them paid for the meal and rest breaks they’re being denied. In California, when employees are denied a legal meal break or rest break, they’re entitled to one hour’s pay for each meal or rest break per day they miss. For a 5 day a week job, if they miss a meal and rest break every day, that could be one year’s pay!

What if they don’t get those breaks? What can they do? They can go to the Labor Board. But the Labor Board is awfully busy. Maybe they could call my office. Or the office of any other attorney who represents employees.

In most cases, Parking Lot Attendants who work in California are entitled to a 30 minute meal break – uninterrupted by parkers or leavers – after every 5 hours of work. So if they work over 10 hours a day, they are entitled to 2 such breaks. If they miss one of them? They’re entitled to one hour’s pay each day that happens as well.

Parking lot attendants can do a lot for us. They might even park our cars. Or help us find a place. Or help us get in (or out of) a space. They give us receipts if we need that for tax purposes. They’re patient. When was the last time you ever had a parking lot attendant yell at you? Maybe never.

Keep on parking! And thank your Parking Lot Attendant! And not just on Thanksgiving.

Sales Employees

Suppose you’re selling luxury or less than luxury goods. You know, Coach, Disney, Oochi, Gucci, or something else, Sears, for example.

You might be expecting a pretty good income, depending on your sales each payday, based on your promised commission.

But happens if that commission you’re expecting suddenly disappears? Like last year’s favorite clutch?

If you’re a commissioned salesperson in California, you’re entitled to know what commission you’re going to get for selling your employer’s fine goods. That’s easy if you always get a 50% commission (wouldn’t that be great!???).

But what if you don’t know? What if your employer changes the commission rate every day. It would be pretty easy to let you know that morning, right? But suppose your employer decides, for whatever reason, maybe even on a whim, to change how much you’d make by the hour, and not tell you until the end of the day. Or not tell you at all.

In California, at least, it doesn’t get to do that. You’ve got a right to know how much you’ll make on each commissioned sale before you start selling. And, you’re entitled to see how much you earned on each sale as part of your paycheck. So if you have commissions that change during the week, or even the day, and you can’t figure out if you were paid correctly, your employer may owe you money.

So if you work in California, you may be able to collect unpaid wages, depending on your job and your employer, up to six months, or one year, or three years, or four years, depending on the facts of your case.

Right now, we have a case going on behalf of commissioned sales people who worked for Sears in California since August, 2015. Are you thinking, “But Sears filed for bankruptcy!!??” Yes, it did. And yes, we are still going after those wages we think are due from Sears. We’ll see.

Remember – Whether you’re selling Burberry or Blueberries, Kate Spade or Michael Kors, Barbie Kenmore, or Ken Craftsman, if you’re on commission, in California, your employer has to make sure it pays you the commission it promised. And that’s true whether your first name is Michael, Chanel, Christian, Hermes, Marc, Kate, Ken or Barbie, or some other great-selling name.

Managers & Administrators

Did you get a promotion recently? To assistant manager, or even manager, perhaps? Or Supervisor, or Chief or Superintendent or Administrator?

At the same time, was your pay changed from hourly to salary? So now, instead of making, for example, let’s say $20/hour (maybe more, maybe less, for you, of course), you’re making $40,000 a year. In fact, if you worked 50 weeks in a year (let’s say you got two weeks off for vacation), working 8 hours a day, 5 days a week, that would be 40 hours a week, times 50 weeks would be 2,000 hours. And 2,000 hours’ work at $20 per hour would be $40,000. So it would seem to be the same, right?

But what about overtime? Oftentimes, most of the time, people who are paid a salary aren’t paid any overtime. So if you get to work at 7:00 a.m., get a coffee, and then start working, even though you’re not set to begin until 8:00 a.m. – because there’s so much work to do, and your boss just keeps piling it on, if you’re salaried, you most likely won’t get paid for that.

Of course the same is true if you’re salaried and you have to work through lunch, after work, or at home, that is, you’ll probably still only get paid that salary. Do you get calls or texts on days off? Emails? Or on vacation? Do you get paid for that? If you’re on a salary, I’m betting you aren’t.

Maybe being paid a salary is the legally correct way for an employer to pay you. Most employers try to do the right thing and obey all laws regarding their employees, I’d like to think. But a lot of them, either negligently or intentionally, don’t pay their employees all the money they rightfully earn.

In California, if someone is called a boss or administrator and not paid overtime – when in fact, because of the work they do, they should get overtime, maybe even doubletime – that’s illegal.

Are you an Administrator? Manager? Chief? Supervisor? Some other title like that? Track your hours worked each day. Keep that record of all the hours you work – at home, not at work – week in, week out, month in, month out, you get the picture. Similarly, keep a record of all the expenses you incur. You never know when you might want to consider whether you’ve been treated fairly in your paycheck each week or in regard to expenses like phone bills or gas or uniforms.

Contact my office if you’re wondering about your own situation. I’d be glad to hear from you. You can call 626-795-0205, 818-547-5200 or email me at If you haven’t taken a look at it already, you might also want to see cases we’ve already filed, to see if anything there might apply to you, on another website,

Thanks for reading. Keep on managing well! Do a good job! Be a great boss!

Truck Drivers

Whether you’re driving any type of truck, a van, a car or a bus! Do you have to get there early to get ready, and not get paid for it?

Do you have to empty out your truck? Safety-check your bus? Wait in line to get fuel? Go over your schedule for deliveries for the day? Or load your van – all BEFORE your day officially starts – in other words, BEFORE you get paid?

How is that fair? How does an employer get away with saying, “We’ll pay you once you start driving, but before that, when you do all that work for us, you don’t get paid?”

It’s not fair. In many, if not most cases, it’s illegal – and you should get paid for that time.

EVEN WORSE! Do you have to drive straight through your day, without being able to stop at a bathroom? Doing what you have to do to keep going? Maybe that should change as well.

Want to find out more? Call us at 626-795-0205 or 818-547-5200 or email us at Feel free to see all our cases, both past and present at

Thanks for reading this. We hope that we can help.