WarmuthLaw
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Your Values Drive Decisions (Discover Your Guiding Values)

Topics: Insights

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Values have been a repeated theme in our LOSW Newsletters. When clearly defined, our values (as a Firm) guide our intentions, words, thoughts, and behaviors. What about your own personal values? Consciously or unconsciously, your actions and behaviors are guided by your own personal values. Operating within our own values feels right and allows us to live and work with integrity. First, I’d like to invite you to do an exercise in discovering your own core values. Attached to this Newsletter email is a PDF document titled, “LOSW List of Values.” The challenge is to choose two values from that list that inform ALL of your decisions. It’s a lot harder than it sounds. Print the document and look over the list of values. Start by highlighting only the highest values you hold. Most people have anywhere from 10-15 highlighted at this point. After you’ve completed this first step, start thinking about which two (only two!) are your two highest values. These are the values that you filter every decision and action. Next, think about someone in your life that you communicate with often. Knowing the values of a counterpart, partner, friend or colleague helps you to navigate around and improve communication with them. Think about who would benefit from knowing your top two values and think about sharing it with them. The words alone may have little impact. Consider sharing what it is about you and your life experiences that have come to form those two values. I believe you’ll find it to be a powerful and beneficial exercise for you and those you interact with. If you don’t know my values, you don’t know me.  “It’s not hard to make decisions when you know what your values are.”  ~ Roy Disney  
WarmuthLaw
Resource Library

How to Deal With Micromanagers (aka Bullies)

Topics: Insights

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If you’ve ever dealt with a bully in your life, you’ve probably figured out that the best way to deal with them is not to. Walking away or removing that person from your life is the most effective way of dealing with a bully. What if you can’t just walk away? What if that bully is your boss? Our LOSW leaders are supposed to uphold the values of our firm and lead according to the guidelines in our Vision Script. We are working towards a future where all LOSW leaders embody the very best leadership tactics and strategies and shed poor leadership habits like micromanaging and motivating away (using fear). There is great power in deference, especially because micromanagers (and bullies) are fear-driven and afraid of not being in control. The secret to being successful in a negotiation with them is giving them the illusion of control.  Be Patient, Reflect, and Rethink Your Approach Here’s the bad news: You’re not going to like this. If you are goal-oriented, impatient, and highly autonomous, some of this may have to do with your approach. Even small delays to “save time” in your communication approach will pay huge dividends in the effective use of your time. Remember, patience is a weapon, and there is great power in deference. Deference is not submission; it simply gives the other person the illusion of control. Bullies, assertive people, and control freaks love Mirrors because they get to talk more. Use Mirrors a lot. In case you’re unfamiliar, a Mirror (borrowed from Chris Voss and the Black Swan Group) is when you repeat the last 1-3 words the other person has just said. It’s ridiculous how good they feel when you are Mirroring them. They will predictably go on at length and feel great about being listened to. This has an instant and automatic benefit of changing their attitude toward you. Here is an example taken from the Black Swan Group demonstrating the power of using Mirrors in a negotiation with a bullying micromanager.  ___________________________ An employee, who was a student of ours, shared this situation: “My boss is very aggressive and sharp. She has a competitive style that makes it difficult to come to an agreement unless somebody caves in or the negotiation turns into an argument. One of her last requests was paper copies of documentation on a project. It is a company policy (and a federal requirement of our industry) to store two copies of documentation in two separate places. We satisfy this requirement through electronic storage (not paper). I tried to talk about the necessity of the paper copies with Jane, and the conversation did not end successfully for me.” This is how the “failed” conversation went before using Mirrors. Boss: We need two sets of paper copies. Employee: Why? We only need to store our copies electronically in two places as required. Boss: This is my project, and I need two copies. Employee: We are already behind, which is not my responsibility in the first place. I volunteered to help with the project, and making extra copies will take a long time because I have several other projects. Boss: Go talk to Mark. (Mark is her boss. He usually supports her and has more pull, so conversations with him don’t prove helpful). Here’s how the conversation went with Mirroring: Employee: Jane, what are the plans for the paper copies? Boss: As I said before, we need two copies as usual. Employee: Two copies? Boss: Yes—one for us and one for the customer. Employee: So you’re saying that the customer is asking for a copy, and we need a copy for internal use? Boss: Well, let me see if the customer needs the copy, but I want a copy. That’s how I do business. Employee: That would be great if you could check with the customer. Do you know where we could store the in-house copy? We are out of space here in my area. Boss: You can store it anywhere. Employee: Anywhere? Boss: As a matter of fact, you can put them in my office. I have some space here. I like having an extra copy even though it is not required. I will get the new PM assistant to print it after the project is complete and the files are on the server. This way, I know that they are exact copies of what is stored. Employee: That would be great. Let me know what the customer says about their copy. Boss: OK. I was shocked. I think she was, too. Later on, I received an email from her saying that the customer did not need a paper copy. All they wanted was a CD or two, depending on the size of the file! A week of work was avoided—and without any argument, either! ___________________________ What’s the takeaway? If you set out to be a better listener and communicator, and learn this strategy of using Mirrors, your negotiation skills will quickly improve. Remember, people enter into an average of 7 negotiations every day. They don’t just happen at work. The most dangerous negotiation is the one you don’t know you’re in!
WarmuthLaw
Resource Library

Minimum Wage and Overtime FAQs

Topics: Insights

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By Jean H. Power Many of our clients, regardless of the type of case they have, may have a labor and employment law issue.  Below are common questions that relate to minimum wage and overtime pay.  If you encounter a client who may not be getting paid properly, please refer them to Jean at the employment law department to see if we can help them. ARE YOU GETTING PAID MINIMUM WAGE? Beginning on January 1, 2022, if you work for an employer with 26 or more employees, the State of California provides that you must be paid at least $15 per hour.  If you work for an employer with 25 or fewer employees, the State of California provides that you must be paid at least $14 per hour.  Many California Cities and counties may have higher minimum wage rates.  And agricultural workers may be subject to different minimum wage rates.  If you are not being properly paid minimum wage, you should contact the Law Offices of Scott Warmuth at 626-363-2140 to see if you have a legal claim against your employer. DOES MY IMMIGRATION STATUS PREVENT ME FROM BEING PAID MINIMUM WAGE? No.  Regardless of your status, all workers in the State of California must be paid at least minimum wage.  WHAT IS OVERTIME PAY? Generally, under California law, if you are an hourly, or “nonexempt” employee, you must be paid overtime for all hours in excess of 8 hours per day or 40 hours per week.  That means, you should be paid more than your regular rate of pay if you work these extra hours. HOW MUCH IS OVERTIME PAY? Eight hours of labor constitutes a day's work, and employment beyond eight hours in any workday or more than six days in any workweek requires the employee to be compensated for the overtime at not less than:
  1. One and one-half times the employee's regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; and
  2. Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek.
There are, however, a number of exemptions from the overtime law. An "exemption" means that the overtime law does not apply to a particular classification of employees. There are also a number of exceptions to the general overtime law stated above. An "exception" means that overtime is paid to a certain classification of employees on a basis that differs from that stated above.  In other words, an exception is a special rule.  To determine if you qualify for overtime pay, and most employees do, you should speak to the employment law department. WHAT ARE SOME EXAMPLES OF OVERTIME PAY? Example #1:  I work in packing plant and I am paid $15 per hour. I work 8 hours per day on Monday, Tuesday, Wednesday, and Thursday.  On Friday, I work 10 hours.  Am I entitled to overtime pay? Yes, since you worked 10 hours on Friday, you should get paid time and one – half for two hours of work.  That amount would be $15 plus $7.50 (which is half of $15) for a total of $22.50 per hour for those two overtime hours. Example #2:  What if I worked, at the same job, for 8 hours per day on Monday, Tuesday, and Wednesday.  On Thursday, I worked 6 hours.  On Friday, I worked 10 hours, for a total of 40 hours in the week.  Am I entitled to overtime for the extra hours I worked on Friday? Yes, since you worked 10 hours on Friday, you should get paid time and one – half for two hours of work.  That amount would be $15 plus $7.50 (which is half of $15) for a total of $22.50 per hour for those two overtime hours. Example #3:  What if I worked 8 hours per day on Monday, Tuesday, and Wednesday.  I worked for 14 hours on Thursday.  I do not work on Friday.  Am I entitled to overtime? Yes, on Thursday, you worked over 8 hours.  For hours 9, 10, 11, and 12, you should be paid $22.50 per hour, which is time and one-half.  For hours 13 and 14, you are entitled to be paid double time, or $30 per hour. Example #4:  Last week I worked Monday, Tuesday, Wednesday, Thursday and Saturday, eight hours each day. I was out ill all-day Friday. For the workweek I was paid 48 hours at my regular hourly rate. Am I entitled to eight hours of overtime pay? No, you are not entitled to any overtime pay. Overtime is calculated based on hours actually worked, and you worked only 40 hours during the workweek. Another example of where you get paid your regular wages, but the time is not counted towards overtime is if you get paid for a holiday but do not work that day. In such a case, the time upon which the holiday pay is based does not count as hours worked for purposes of determining overtime because no work was performed. WHAT IF I SIGNED A DOCUMENT WITH MY EMPLOYER STATING I DO NOT WANT OVERTIME PAY? You cannot waive your right to overtime.  You are still protected by the State of California and should be properly paid for all hours worked.  IF MY BOSS TELLS ME THAT HE DID NOT “AUTHORIZE” ME TO WORK OVERTIME, SHOULD I STILL BE PAID OVERTIME? Yes.  California law requires that employers pay overtime, whether authorized or not, at the rate of one and one-half times the employee's regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday, and for the first eight hours of work on the seventh consecutive day of work in a workweek, and double the employee's regular rate of pay for all hours worked in excess of 12 in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. An employer can discipline an employee if he or she violates the employer's policy of working overtime without the required authorization. However, California's wage and hour laws require that the employee be compensated for any hours he or she is "suffered or permitted to work, whether or not required to do so." California case law holds that "suffer or permit" means work the employer knew or should have known about. Thus, an employee cannot deliberately prevent the employer from obtaining knowledge of the unauthorized overtime worked, and come back later to claim recovery but at the same time, an employer has the duty to keep accurate time records and must pay for work that the employer allows to be performed and to which the employer benefits. WHEN SHOULD I BE PAID FOR THE OVERTIME HOURS THAT I WORK? Overtime wages must be paid no later than the payday for the next regular payroll period after which the overtime wages were earned. Payment of overtime wages may be delayed to the payday of the next following payroll period as the straight time wages must still be paid within the time set forth in the applicable Labor Code section in the pay period in which they were earned; or, in the case of employees who are paid on a weekly, biweekly, or semimonthly basis, not more than seven calendar days following the close of the payroll period.