The rules and regulations regarding employee wages, including requirements for meal and rest breaks and overtime pay, are relatively complex. Our attorneys can help you determine whether, as an employee, you are receiving the compensation you deserve. We also have extensive experience bringing cases in front of the California Labor Commissioner and in the California Courts regarding wage and hour violations.
Below are examples of common wage and hour violations:
Failure to Compensate for Overtime Hours
Non-exempt employees, even those who are paid a salary instead of being compensated on an hourly basis, are entitled to overtime pay for all hours worked in excess of eight hours per day. Many employers misclassify employees. There are three main exemptions from overtime: executive, administrative, and professional. Contact us to learn more about employee classifications.
Meal and Rest Period Violations
With a few minor exceptions, employers are required to provide non-exempt employees who work more than five hours per day with a meal period of at least thirty minutes. Similarly, employers are required to provide non-exempt employees with a ten minute rest period for every four hours worked.
Misclassification as an Independent Contractor
Determining if someone is an employee or an independent contractor is complex, and many factors must be considered. An agreement between the parties that the acting person will be an independent contractor instead of an employee is not conclusive. One of the main factors is how much control the employer has over the details of how work will be performed.
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