Month: January 2017

Legal

I Don’t Get Overtime, I am Commissioned/Salaried/Partime#34

Sanjay Sabarwal

imagesI hear this from people all the time, and it amazes me how often employers convince employees that because they get paid a certain way or have a titled, they are not entitled to overtime. Titles, and being paid the same on pay dates does not guarantee what is known as “Exempt Status.” The name itself suggests that employees must perform certain duties/tasks as well be paid double the current minimum wage (wage rates now differ in cities) to quality for that status. Just because there is a commission or one is paid $2000 a month every two weeks does not make an employee an exempt employee.

If you are unsure on what your status is, check your job description. Can you make management decisions such as hire, fire, demote and write-up employees? Do you have varying hours or is it a set schedule? While not one factor can determine your status, the easiest way to is know if you are being paid twice the minimum wage (called the “Salary Test”) to see if you pass the first prong of the exempt status.  If not, you may be entitled to overtime, depending on your duties and how many people you manage.

Brownness

TheSeeds4Life|Seeds of Inspiration, Happiness, Love, and Wisdom

Sanjay Sabarwal

Short daily motivational and inspirational messages, life quotes and sayings, lifestyle and self-improvement articles. Find the words of encouragement that you need for your personal growth.

Source: TheSeeds4Life|Seeds of Inspiration, Happiness, Love, and Wisdom

Food For Thought, Myself

Blabbering On Goals

Sanjay Sabarwal

76860c9f3dac9cd997e2d190be7f1bc7As I come close to revising a personal essay about Papa, it hit me that it is appropriate that I am beginning to approximate his waking time. I cannot help telling anyone that will listen how much I get done, and all that I wish to achieve this year. Yet a part of me cannot help feeling like a fraud and a blabbermouth. Doubt hangs heavy in the mornings when I struggle through my writing and review my goals. It feels as if I am kidding myself when day after day some goals remain not done or even forgotten. Yet I know there is more going on: Fear. Fear that I am a fraud, that I am boring others, that I am arrogant and egotistical for constantly sharing,  Fear that I am not good enough, and that I fill space by going on and one about what I wish to do.

But then slowly certain goals get done, great feedback from my Writers Groups, becoming athlete of the month at the gym, spending connected time with  my family, friends and being in service to others. All those things started with small steps, and false starts. They all began with me declaring and blabbering.  So I get to get out of my head and into action, knowing that I may not get to all or most of my goals, but I will still be further along than when I started.

Legal

Oh I Will Just Make Them Independent Contractors: Legal Reasons #33

Sanjay Sabarwal

2049877A recent client called and claimed that they would go the “Uber” route and classify all of their current employees as Independent Contractors as they no longer “wanted the hassle of overtime, lunch/rest breaks and payroll taxes.”  I listened politely as they continued to explain how so many companies they had heard of including call centers, delivery services and retailers now just used Independent Contractors instead of full-time employees, and saved hundreds of thousand dollars in labor expenses. I asked them a few simple questions.  Would the person control their time? An emphatic no.  Could they work from home? Maybe. Would they have to be in uniform. They sounded unsure.

Based on just those few answers, I told them that it was unlikely the employees could be classified as Independent Contractors. Moreover, while it sounded like an easy way to reduce costs, the costs and possible liability for a miss-classification by even one person could run into  those same hundreds of thousand dollars that my client wanted to save, making not only unwise, but potentially disastrous for their company.

It is always advisable to seek legal counsel for company wide changes especially those involving classifications, pay changes, and difficult terminations.

Myself

30 Left To Go Into Acceptance

Sanjay Sabarwal

ecf90ab26b5234f936112a4493282394The morning quiet is only interrupted with the constant patter of the rain outside. This is my alone time, the house asleep, the gentle snore of the dog greets from my a distance.  The mornings get earlier and earlier (currently, I wake up 4:59am automatically almost daily). Surrounded by my collections of books, my planner, the current book I am reading,, it is an appropriate time and place to reflect. Gratitude fills me as Southern California needs the rain, and I think about all that I take for granted in my life. A loving family, a supportive spouse, intimate friendships, and my outrageous vision for my life.

Another year, I am now 45 yet it I don’t feel my age. My father passed at 79 and my grandfather at 89. I figure I have till 75 which leaves me 30 years to live the life I have always wanted. It is no longer a marathon for me as there is so much to do, learn, and experience. Gone are the days of waiting and wishing for a better life or be a better person. It takes work, and I have wasted decades in self-pity, doubt, and lack of self-worth. Being the best version of myself requires honest introspection, dedication, and the willingness to say no to the things that don’t serve my vision.

It also means being honest with others, and not fill myself with judgement about how they are not living the life I think they should be living. I can only control my own thoughts, emotions and actions. So today, on my birthday, I resolve to make acceptance my daily affirmation. It’s going to be a long journey because I am my father’s son, and I see more and more that it takes work to be loving of all not just the ones that make it easy. So here’s to 45 and 2017. Bring it on!

Brownness, Legal

I Don’t Have a Drinking Problem: Legal Reasons #33

Sanjay Sabarwal

dui_chartFar too many people appear to believe that they do not have issues with alcohol, and appear to think it normal to have “just a few” and drive. With the advent of Uber and Lyft, it amazes me people still think it OK to drive after two drinks in an hour. It may seem wise to save those few bucks, but you only need to get caught once, or worse, get into a car accident, to have your driver record be scarred for a long time to come. Not to mention thee cost of being in jail, bail, fines and the unsettling realization that all this could have been avoided. So don’t it. If you cannot seem to stop even at two drinks, even if you don’t drink daily, you may have a drinking problem.

Still, it pays to use common sense. In the unfortunate case, you are pulled over. NEVER admit you have been drinking or smoking, as that gives police officers probable cause to ask further questions, and inspect your vehicle. Refused to take the breathalyzer as they can be inaccurate and show a higher blood content level if you have recently had a drink. Request a blood test, which unfortunately, may mean a trip to the station, but also means your body has more time to metabolize the alcohol.