Wage and Hour

WAGE AND HOUR CLAIMS

California and Federal laws impose laws and regulations related to the hours worked and pay earned by employees in California.  Generally, these laws cannot be changed by a private agreement between the employer and employee, although many exceptions apply depending on the employment relationship between the parties, exempt and independent contractor status, or the existence of a valid Collective Bargaining Agreement between the parties.   

COMMON WAGE AND HOUR ISSUES THAT FREQUENTLY ARISE IN CALIFORNIA INCLUDE:

Failure to pay for all time that the employer knows was worked (even de minimus time must be paid); 

Failure to provide timely lunch and rest breaks (generally employees must receive a 30-minute, uninterrupted, off-duty lunch break for every 5 hours of work and a 10-minute rest period for every 4 hours of work); 

Failure to pay out accrued and unused vacation hours upon termination;

Failure to timely pay all final wages upon termination;

Inaccurate or incomplete wage statements;

Miscalculation of the overtime rate of pay, resulting in underpayment of overtime;

Employee Misclassification;

Failure to pay exempt employees full salary while on vacation or sick leave (depending on length of leave and requirements of position while on leave);

Bonus plan issues;

and many more.

Any time an Employer fails to provide you wages or breaks, you are entitled not just to those wages and premiums, but a host of derivative claims and penalties that necessarily follow the employer's actions. All too often we are informed that employers are telling their employees to be "team players" and miss out on their necessary lunch and rest breaks, to work earlier or later than they are scheduled without extra pay or bring their own tools and equipment to use and have worn down. Employers attempt to hide their poor conduct and terminate complaining employees under the guise of "at-will" employment. Employers will inform you that you are not entitled to this pay, lunch and rest breaks, seating water and other necessities once your employment is terminated. This is not the case. If these issues are occurring at your workplace, you must immediately contact a California labor and employment attorney.

If you feel you have not been properly paid, or provided your benefits, Contact our office for a FREE consultation.