Unpaid Wages
Do you believe your former or current employer failed to pay you for everything they owe you? California law protects workers from unpaid wages and offers penalties for employers who violate employee rights. For instance, the first violation by the employer entails a penalty of $100 per employee, and a $200 penalty per employee, in addition to 25% of the unpaid wages, for subsequent violations.
Unpaid Overtime
Did you know you may be entitled to overtime pay if you work more than 8 hours in a day or 40 in a week? California law provides employees with protections for working overtime. Employees are entitled to 1.5 times their regular rate of pay for every hour worked over eight hours in a day, up to 12 hours. For example, if your regular rate of pay is $20.00 and you work 10 hours per day, you should be paid $20.00 per hour for the first eight hours and $30.00 (i.e., $20.00 * 1.5) for the remaining two hours. Additionally, for every hour worked beyond 12 hours in a day, employees are entitled to double their regular rate of pay. This is true even if the overtime worked was not authorized or prohibited by the employer.
Employee Misclassification
Did you know you may be entitled to overtime, rest breaks, and meal periods even if your employer calls you a salaried employee or independent contractor? United States' and California's Wage and Hour Laws are complex which often results in employer error. For example, an employer may attempt to circumvent overtime pay and related laws by classifying an employee as “exempt” or as an independent contractor. In some situations when an employee is misclassified, the employee may be entitled to wages (including unpaid overtime), premium pay, and penalties from the employer.
Meal Period and Rest Break Violations
Do you believe you have not been given the proper rest breaks or meal periods? Generally, a nonexempt employee in California is entitled to a lunch period and two rest breaks in an eight-hour workday. Different work schedules call for different lunch period and rest break requirements. If an employer denies or interrupts its employee the appropriate rest break and/or meal period, that employee may be entitled to premium pay (i.e., one additional hour).
Final Pay Requirements
Have you been paid on time? When employment ends, the employee is entitled to receive their final pay as soon as possible, including all earned and unpaid wages, accrued vacation time, and any paid time off. If the employee was terminated, the employee must receive their final paycheck on the same day they are terminated. However, if an employee gives at least 72 hours' notice, the employer must provide the final paycheck on the last day of work. If the employee gives less than 72 hours' notice, the employer must provide the final paycheck within 72 hours of the resignation.