Who knows CA Labor law? (personal training related)

[EH]

So, I get my check yesterday and it'd like 30% short of what it was the previous week... long story, but I'm getting bullshit answer's from the owner(s) and managers of the club. And they're cutting my front desk hours by 25%....that's a huge hit to my income. When that happens, if my pay stays where it's at, i'll be making less than half what I was since Dec.  SOOOOOoooo..... I need to think about an exit strategy. I have bills, and kids, and child support.

Now, at the gym I work at, I'm a "staff trainer". I'm not a 1099 Independant Contractor. So I'm paid hourly wage and they take out tax ect...

I also work the front desk 4 nights a week.

I also work 7 days a week... every week... since oct/nov I've had xmass day off, new years eve off, and one personal day (court for child support)... every other day I've worked.

I don't always go over 40 hrs a week, and I don't work more than 8hrs straight.

mon-friday i'll come in at 9am for clients till about 11/12pm... then leave and come back from 330-730pm... and thurs/friday i work the front desk and work till 10pm. So thurs & friday I'm there from 10am till 10pm, but I have a gap of 2-3hrs between my am clients and my afternoon clients (i finnish my afternoon/night clients and go right to front desk).


I don't get paid overtime.

Is that legal? if i'm not an independant contractor?

I have my schedule book... if these cutthroat's do me wrong with my paycheck again, can i file for unemployment? and more importantly, can I take them to court for back pay for unpaid overtime? (if im elligible)

[Schmoff]

personal trainer?

 

what you should do is to get a real job

[garebear]

You're going to prison for a long, long time.

[Coach is Back!]

personal trainer?

 

what you should do is to get a real job

Don't be an idiot. The one ls that are independent probably make more than you and work 1/2 the hours.

[Coach is Back!]

So, I get my check yesterday and it'd like 30% short of what it was the previous week... long story, but I'm getting bullshit answer's from the owner(s) and managers of the club. And they're cutting my front desk hours by 25%....that's a huge hit to my income. When that happens, if my pay stays where it's at, i'll be making less than half what I was since Dec.  SOOOOOoooo..... I need to think about an exit strategy. I have bills, and kids, and child support.

Now, at the gym I work at, I'm a "staff trainer". I'm not a 1099 Independant Contractor. So I'm paid hourly wage and they take out tax ect...

I also work the front desk 4 nights a week.

I also work 7 days a week... every week... since oct/nov I've had xmass day off, new years eve off, and one personal day (court for child support)... every other day I've worked.

I don't always go over 40 hrs a week, and I don't work more than 8hrs straight.

mon-friday i'll come in at 9am for clients till about 11/12pm... then leave and come back from 330-730pm... and thurs/friday i work the front desk and work till 10pm. So thurs & friday I'm there from 10am till 10pm, but I have a gap of 2-3hrs between my am clients and my afternoon clients (i finnish my afternoon/night clients and go right to front desk).


  don't get paid overtime.

Is that legal? if i'm not an independant contractor?

I have my schedule book... if these cutthroat's do me wrong with my paycheck again, can i file for unemployment? and more importantly, can I take them to court for back pay for unpaid overtime? (if im elligible)

Where in Calif?

[Schmoff]

Don't be an idiot. The one ls that are independent probably make more than you and work 1/2 the hours.

hahaha

look who's talking

how do you know I make less than a personal trainer?

 

[Coach is Back!]

hahaha

look who's talking

how do you know I make less than a personal trainer?

 

Educated guess. Lol

[Schmoff]

Educated guess. Lol

haha, coaching talking about educated

[EH]

Where in Calif?

palm springs area

[EH]

Don't be an idiot. The one ls that are independent probably make more than you and work 1/2 the hours.

as an independant, i could charge 75-100 per session and work 2-3hrs a day 4-6days a week. As a staff trainer I make a fraction of that now.

[EH]

personal trainer?

 

what you should do is to get a real job

U mean I should should sit at a desk or do manual labor? Work like a slave and get taxxed at 30%? (wait, I do that already).

If you don't agree with how I earn money to feed myself and my kids, I guess you really wouldn't like me when I was a prop-trader, huh?

*cough*go fuck urself*cough*

[Coach is Back!]

palm springs area

I have a home there and know the market pretty well. First consult an employment attorney and see if you have a case then find a place that will allow you to be an independent. Even if you signed a confidentiality agreement they can't stop your clients from following you if THEY choose.

[Schmoff]

U mean I should should sit at a desk or do manual labor? Work like a slave and get taxxed at 30%? (wait, I do that already).

If you don't agree with how I earn money to feed myself and my kids, I guess you really wouldn't like me when I was a prop-trader, huh?

*cough*go fuck urself*cough*

so a real job means to sit in front of a desk and do manual labor?

no wonder what you only can do is to be a personal trainer

sorry for your kids having a stupid and poor dad

and

fuck yourself (that's how it spells)

[seCrawler]

*cough*go fuck urself*cough*

 

You have to remember that you are among the fabulously rich and famous on getbig.

[Coach is Back!]

so a real job means to sit in front of a desk and do manual labor?
Ii
no wonder what you only can do is to be a personal trainer

sorry for your kids having a stupid and poor dad

and

fuck yourself (that's how it spells)

Define a "real job"?  I asked this.to some other asshole who said this and he couldn't answer. Maybe you'll have a shot although I Linda doubt it.

[Coach is Back!]

*kinda

Stupid phone.

[Tapeworm]

U mean I should should sit at a desk or do manual labor? Work like a slave and get taxxed at 30%? (wait, I do that already).
If you don't agree with how I earn money to feed myself and my kids, I guess you really wouldn't like me when I was a prop-trader, huh?

*cough*go fuck urself*cough*

Dig up the relevant government website if you can.  It will probably list the criteria which determine the employment status of a worker under law.  Once you've determined what kind of worker you are (full time employee, part time, casual, etc), you can see which labor laws apply.  If they are withholding tax, you are certainly not classed as a contractor imo, although I'm unfamiliar with CA law.

Then pick up the phone to the government department dealing with labour relations and employment issues.  They will likely intercede on your behalf and it won't cost you a thing, should you choose to go that road.  Alternatively, you could speak with your employer about the laws which apply to workers of your employment status, also citing the legislation which applies and the government department he can speak with if he needs to clarify the issue for himself.  If he believes you're going to sic the state government on him, he'll pay everything which is payable under law.  If he's a shady operator, he'll shit his pants.

Either way, you're gonna need a new job.

[99 Bananas]

If you can't find a way out of it I'd just say you should cut down on how much you prefer to do anything other than what you do. If this is how your life is going to be you should accept it and work with it in terms of how it is. If you resent the way your life is. You'll have quite the rough existence. Get real and honest with yourself. Is this what you want to be doing? You have one lifetime to figure it out. I hope you find clarity soon. If you find yourself consulting the Getbig website you're FUCKING UP. Seriously man get it together for you and your kids before you're dead. Our time on earth is limited. Quit wasting your time.

[Tapeworm]

If you can't find a way out of it I'd just say you should cut down on how much you prefer to do anything other than what you do. If this is how your life is going to be you should accept it and work with it in terms of how it is. If you resent the way your life is. You'll have quite the rough existence. Get real and honest with yourself. Is this what you want to be doing? You have one lifetime to figure it out. I hope you find clarity soon. If you find yourself consulting the Getbig website you're FUCKING UP. Seriously man get it together for you and your kids before you're dead. Our time on earth is limited. Quit wasting your time.

Plenty of people get mistreated by their employers and never familiarize themselves with the labor laws on the books, often to the extent that they don't even understand how much they're getting paid.  If this guy thinks the gym isn't being honest with him, I think it's cool he's got the sack to stand up to it.  Yeah, it's kind of funny that he's asking Getbig but he just sounds like a guy who isn't sure where to begin.

http://www.labor.ca.gov/
http://www.dir.ca.gov/

[EH]

thanks for the intelligent replies.

I asked here because there's a slight chance there was another personal trainer or two that might have had similar experience.

For instance, me being an hourly employee... a few of my CPA clients mentioned than if I only have 3 clients on a tues morning (1.5hrs), I'm supposed to be paid for a half-day. If i were independant, it wouldn't work like that... only if i'm an hourly employee... there's a minimum day-pay or something. They can't schedule an employee to work only 1hr, then have a 3 hr break and come back for another 1hr.... or something like that.

*only reason i can on as a staff trainer was because i was under the impression i'd have access to health insurance.... well, the new owner still hasn't gotten around to it. it's been since Nov. I'm still f'n furious about my 30% paycut, but i also don't want to burn the bridge.

[Tapeworm]

thanks for the intelligent replies.

I asked here because there's a slight chance there was another personal trainer or two that might have had similar experience.

For instance, me being an hourly employee... a few of my CPA clients mentioned than if I only have 3 clients on a tues morning (1.5hrs), I'm supposed to be paid for a half-day. If i were independant, it wouldn't work like that... only if i'm an hourly employee... there's a minimum day-pay or something. They can't schedule an employee to work only 1hr, then have a 3 hr break and come back for another 1hr.... or something like that.

*only reason i can on as a staff trainer was because i was under the impression i'd have access to health insurance.... well, the new owner still hasn't gotten around to it. it's been since Nov. I'm still f'n furious about my 30% paycut, but i also don't want to burn the bridge.

Get on the same page money-wise with the guy.  There should never be 'confusion' about the exact value of your work and how much you're getting on each paycheck.

Only you know your situation but imo you should never quietly accept underpayment.  Tell the guy you need clarification about this drop in your pay.  Be armed with a little info about employment law if you don't dig what he has to say.  Stay quiet about it and you'll get underpaid by the crooked bastard forever. 

[chaos]

Anything over 40hrs per week and 8hrs per day is OT, regardless of hours worked the seventh day in a pay period is double time. This is how it was explained to me by the lady that takes care of that shit.

[EH]

reason i asked here is because i already mentioned to the general manager (who used to be and is still sorta an owner), as well as the actual owner (investor)... as well as a new fitness manager who they brought in this week. So they're well aware I was angry. I get the same 'ole "well, i'll call the payroll company monday".... ugh, no, the payroll company wrote the check for what they were supposed to.... management is the one who calculated the hours differently form how they've been calculated over the past 3-4 months.

The GM is sorta clueless and lazy when it comes to running the biz, and the owner had never stepped foot inside a gym until he bought one.

The GM/Owner fired the previous GM last friday (who'd been with the company since the gym opened 4-5yrs ago)... it wasn't a bright move on their part, because the previous GM was the only person who actually knew how to operate the business and use the computer system (and do our payroll).

Funny part is the previous GM got a job right away at another gym "a big-box gym"... same one my gf works at. I hope they realize that if they dirt-bag me like I'm some expendable nobody, I'm heading right over to the other gym and the gym i work at is down to three trainers. 1 guy has less than 6 months as a trainer (with little over a year experience working out total. haha), 1 girl has less than 2yrs as a trainer and has outside clients and 1 guy who's got 10yrs as a trainer, but he's a drug addict who'd brain is ruined and has 80% of his clients doing wrist curls for 20mins.  

[EH]

Anything over 40hrs per week and 8hrs per day is OT, regardless of hours worked the seventh day in a pay period is double time. This is how it was explained to me by the lady that takes care of that shit.

the seventh day is double? what about the eight, ninth, ect... what if I work all 14/15days of the pay period? (which i do... there's been 3 days since oct/nov that i haven't worked... that's it)

[chaos]

Not sure about biweekly,  we pay weekly. But I would assume it would be over 80hrs for ot, still 8hrs per day, not sure when double time would start.