Wage and Hour
California labor laws protect the rights of employees in issues such as overtime pay, meal and rest breaks, tip pooling, vacation, plus discrimination and harassment. Many employers unlawfully handle their employees’ wages. If you feel your employer is depriving you of fair wages, the Hekmat Law Group can pursue a wage and hour claim to recover the compensation you deserve. The following are various examples of how your employer may be mishandling your compensation:
- Unpaid overtime / wages
- Asked to work “off the clock.”
- Timesheet is altered.
- Forced to work through breaks / lunch.
- Automatically clocked out for breaks / lunch.
- Paid less than minimum wage.
- Misclassified as an nonexempt employee or independent contractor
- Not reimbursed for employee expenditures
Moreover, California laws offer employees protections that reduce the burdens of excessive labor. Eight hours of labor constitutes a day’s work. If an employee works more than 8 hours in a given day, more than 40 hours in a given week, or 8 hours on the seventh day of work in any one workweek, the employee is entitled to no less than one and one-half times the regular rate of pay. Cal Lab Code §510.
Employers must also permit employees to take rest periods, which usually take place in the middle of each work period, and for which there is no deduction from wages. Rest periods are granted based on “the total hours worked daily at the rate of ten (10) minutes net rest time per four (4) hours. This right does not apply to employees working less than three and one-half hours. 8 CCR 11010.
In addition, workers are entitled meal breaks. During these periods, employees are to be fully relieved of their work duties and responsibilities. If an employer calls an employee back into work during his or her lunch period, the interruption does not count towards the break. An employee who works more than 5 hours a day is entitled to a 30-minute meal break; an employee who works more than 10 hours per day is entitled to a second meal period, as well. If an employer fails to provide an employee a meal or rest period, “the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each workday that the meal or rest period is not provided.” Cal Lab Code 226.7.
If you believe your rights are being violated, call the Hekmat Law Group now.