Employees are entitled to compensation for the work that they do. When your employer fails to pay you the money they owe under California and federal laws, Yoosefian Law Firm, P.C., in Glendale can help you.
Wage and hour laws are complex and can be very confusing. We know that it is not always easy to determine when your employer commits a wage and hour violation. One of our attorneys can evaluate your case if you call, but here are a few things all workers should know about wage and hour laws in California:
- Exempt versus nonexempt workers: Some workers are exempt from most wage and hour laws, like the overtime pay requirement. In general, workers who are paid a salary are considered exempt, and workers who are paid by the hour are considered nonexempt.
- Employee misclassification: An employer does not control whether employees are exempt or nonexempt; the law does. An employer who classifies a worker as exempt to avoid paying overtime is violating the law.
- Overtime pay: Nonexempt employees are entitled to overtime pay (1.5 times hourly rate) for time that they work over eight hours in a single day or 40 hours in one week. When they work more than 12 hours in a single day, they are entitled to double time for each hour or increment over 12.
- Work done before and after your shift: Employers must compensate employees for work they do “off the clock” or before/after a shift, including situations in which an employee feels pressured to do work even though the employer did not specifically ask them to.
- Rest breaks: Employees are entitled to a 10-minute rest break every four hours.
- Meal breaks: Employees are entitled to a 30-minute meal break for every five hours worked.
- Vacation time: Employers are not required to provide paid vacation time and can set limitations for use. When employers choose to provide paid vacation time and either party terminates employment, they must compensate you for unused time in your final paycheck.
- Sick time: Employers are not required to provide paid sick time nor are they required to compensate you for unused paid sick time.
- Protected medical leave: You may qualify for unpaid leave time under either the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA), or you can qualify for partially paid time off under California’s Paid Family Leave (PFL) program. Employers cannot deny your valid request for leave, interfere with your leave or retaliate against you for taking leave.
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We encourage you to contact our law firm whether you suspect that your employer has failed to pay you the wages you earned or know that they have violated your rights. We offer free initial consultations to all new clients and never pressure you to hire us.