Employment Law Attorneys
Wage & Hour Violations
Wage & hour violations can include issues pertaining to unpaid wages, overtime violations, double time violations, meal and rest break violations, minimum wage violations and incorrect wage statements. Such penalties may include penalties that involve time and wait penalties and interest.
Examples and definitions of wage & hour violations
- Overtime: California employees are entitled to be paid one and one-half times their regular rate of pay for hours worked in excess of 8 hours in a day or 40 hours in a week as well as the first 8 hours on the seventh workday in a workweek. Additionally, employees are entitled to be paid double time pay for work over 12 hours in a workday and after 8 hours on the seventh workday in a workweek.
- Meal breaks: Although there are a few exceptions, employees in California are entitled to a 30-minute duty free and uninterrupted meal break when they work more than five hours per workday. If an employee is interrupted, or the employee is required to work or to take less than a 30 minute meal period, then the meal period is considered to be on duty and the employer must pay the employee one hour of pay at their regular rate of pay.
- Rest breaks: Similar to meal breaks, a few exceptions do exist. Employees in California are entitled to an uninterrupted and duty free 10-minute rest break for every four hours of work or major portion of four hours they work, each workday. If an employee is interrupted, or the employee is required to work or to take less than a 10-minute rest period, then the employer must pay the employee one hour of pay at their regular rate of pay.
- Minimum wage: in California employees are entitled to be paid at least a minimum wage based on California law. Beginning on January 1, 2019, employers with 26 or more employees must pay their employees a minimum wage of $12.00 per hour and employers with 25 or fewer employees must pay their employees at least the minimum wage of $11.00 per hour. In some cities or counties in California a higher minimum wage may apply. Similar to meal and rest breaks, some exceptions may apply.
- Failure to reimburse: Any expense(s) acquired by the employee to perform the tasks the employer requires must be reimbursed back to the employee. Additional wage requirements apply when an employee is required to purchase their own equipment/tools. For example, an auto technician who needs to purchase their own tools to perform their job duties and the employer fails to reimburse the employee, the employee must be paid at least twice the minimum wage.
What Is The Average Settlement For A Wrongful Termination Case?
There are many factors that determine the amount of a settlement. Generally speaking, wrongful termination settlements include past lost wages, future lost wages (after the
Can A Company Fire You For No Reason?
The short answer is yes. In California employment is considered to be “at will” which means that you can be fired at any time with
Can I Sue For Wrongful Termination?
Yes, you can. In California the law protects employees from being wrongfully terminated based on being a member of a protected class. It is illegal
Can I sue my employer for firing me?
Yes you can in certain circumstances. In California the law protects employees from being wrongfully terminated based on being a member of a protected class.
Can You Get Fired Over The Phone?
Yes, you can be terminated over the phone. In California, employment is considered to be “at will”. This means that an employer can hire you
Does Terminated Mean Fired?
Generally speaking, terminated means the same as fired. It means the employer decided to let you go from your job. In some circumstances an employer
How Long Does A Wrongful Termination Case Take?
Wrongful termination cases can take a year or more to resolve. However, many cases settle much quicker including some that settle within a few months.
How To File For Wrongful Termination?
If you want to file a wrongful termination case, you should first consult with an attorney to go over the facts of your situation to
How To Prove Wrongful Termination?
You must show that you were terminated based on an illegal reason. In a wrongful termination matter you have to show you were terminated because
How To Sue An Employer?
If you think you might have an employment case, ask your lawyer to evaluate your situation and supporting facts to determine if you have a
What is Overtime Pay?
Overtime pay in California is a premium paid to employees for work performed beyond 8 hours in a workday or beyond 40 hours in a
How Much Is Overtime Pay?
In California, overtime pay for non-exempt employees is paid at a rate of one and a half times the employees’ regular rate of pay for
How to Calculate Overtime Pay?
In California, overtime pay is calculated based on the employee’s regular rate of pay. For example, if an employee earns $20 per hour, the overtime
How to Calculate Double Overtime Pay?
In California, employees are entitled to double time pay when they work more than 12 hours in a workday and for all hours worked in
What is Prevailing Wage?
Under California law prevailing wage rates are set by statute for contractors and sub-contractors that perform work on state, municipal and local public works projects
Can Salaried Employees Get Overtime?
Yes, in some circumstances. An employee can be paid on a salary basis and still be non-exempt. This means that they are entitled to overtime
Can An Employer Force You To Work Overtime?
Yes. An employer can ask you to work overtime. If you don’t want to work the overtime you have a couple of choices – you
Can Overtime Be Mandatory?
Yes. If your employer insists that you work overtime, then you can be disciplined or even fired if you don’t show up or you refuse
Mandatory Overtime For Nurses?
Nurses are subject to many complex labor law rules and whether they are paid overtime pay depends upon their qualifications and job status as to
How To Report An Employer For Not Paying Overtime?
You can talk to an employment law attorney about your rights to overtime pay. If you are owed overtime pay your attorney may be able
What is the Tittle VII of the Civil Rights Act? What Does it Do?
Title VII of the Civil Rights Act of 1964 is a federal law that protects employees from discrimination based on a protected status or characteristics
What Should I Do If I Believe If I Have Been Discriminated Against Under Title VII?
If you believe you are suffering from workplace discrimination you should immediately contact an employment law attorney to discuss your situation. Do not wait as
How Long Do I Have To File a Charge of Discrimination With the EEOC?
You only have 180 days from the discriminatory event to file a discrimination charge with the EEOC.
What Is The Difference Between The Equal Pay Act And Tittle VII?
A violation under the Equal Pay Act involves two workers of different genders who work for the same employer, are performing the same work under
Can My Employer Take Action Against Me For Filing A Discrimination Charge?
No. Employers violate the law if they retaliate against an employee for filing a discrimination charge under Title VII. Employers are prohibited from demoting or
I’m Not Sure If I Want To File An EEOC Charge Yet What Steps Can I Take To Protect Myself?
Report discriminatory conduct to your Human Resources department in writing. Keep written notes at home regarding any discriminatory conduct you witness or experience. Seek out