La Canada Wage and Hour Lawyer

La Canada Wage and Hour Attorney

California’s Employment Laws

California has a workforce of over 18 million employees, according to the California Employment Development Department. To protect this substantial number of employees, the state has some of the most robust employment and wage and hour laws in the country. The two main departments that handle employee rights are the Department of Fair Employment and Housing (DFEH) and the Division of Labor Standards Enforcement (DLSE).

Some of the employee rights enforced by these departments include the right to:

• Be protected from various types of workplace discrimination
• Be protected from harassment
• Be protected from retaliation
• Receive fair and equitable wages
• Receive promised benefits
• Receive reasonable accommodations

California Wage and Hour Laws

As a California employee, you reserve the right to be paid fair wages and work reasonable hours. The minimum wage in California is currently $16.50, which means if your employer does not pay at least this amount, they are in violation of the law.

In addition to paying at least minimum wage, your employer is obligated to pay you overtime for any work beyond the standard work week. The standard work week in California is 40 hours per week, 8 hours a day, and 5-6 days per week. Most non-exempt employees who work above these hours should be paid 1.5 times or double their regular pay for each hour worked beyond the standard.

The laws also provide for paid meals and rest breaks. Specifically, employees should have an uninterrupted, unpaid 30-minute break for meals if they work over five hours in a day, as well as an additional unpaid meal break if they work 12 hours or more in a day. Additionally, they should have a 10-minute paid rest break for every four hours they work. If an employer neglects to provide these breaks, they could receive serious penalties.

Common Types of Wage Theft

Aside from refusing to pay employees minimum wage, overtime, or providing their breaks, there are other ways employers may commit wage theft. Wage theft is any action an employer takes that deprives their employees of fair pay and/or work hours.

Other common forms of wage theft that we can help you with are when employers:

• Fail to pay for prep time: Some employers purposely refuse to pay employees for the time they spend preparing for their roles.
• Fail to provide pay stubs: If your employer refuses to provide your pay stub because they are hiding something, for example, this is a form of wage theft.
• Fail to pay post-employment wages: If you are wrongfully terminated by your employer, you may still be entitled to wages. If they do not pay them, you may have a claim.
• Fail to reimburse employees: Sometimes, employees spend money out of their own pockets to fulfill a work duty. In some cases, employers are obligated to reimburse them.
• Fail to pay bonuses and commissions: If you are promised a bonus or commission, your employer is required to fulfill their end of the bargain and pay it. Failure to do this is a breach of labor laws.
• Misclassify employees: Some employers misclassify employees to avoid paying them. For example, they may misclassify a full-time employee as a contractor to avoid paying them overtime.

When You Should File a Claim

California’s labor laws work to ensure safe, fair, and equitable work environments for all employees. Therefore, if your rights have been violated, you should file a claim with the Labor Commissioner, enlisting the help of a skilled and experienced lawyer.

Employment lawyers like the lawyers at MM Law can help you recover a range of damages, such as:

• Loss of wages or back pay
• Liquidated damages
• Attorney’s fees

FAQs

Q: What Is the 7 Minute Rule for Payroll in La Canada, California?

A: The 7-minute rule for payroll in La Canada, California, ensures that employees’ work hours are fairly rounded. It is called the 7-minute rule because if, for example, an employee works within a range of 1-7 minutes beyond a quarter hour, their time may be rounded down. However, if they work between 8-14 minutes after a quarter-hour, their time may be rounded up. For example, an employee who clocks in at 8:05 may have their time rounded down to 8:00.

Q: What Are the Rules for Hourly Employees in La Canada, California?

A: There are several rules for hourly employees in La Canada, California. There are rules for minimum wage, rest and meal breaks, and overtime pay. The minimum wage in California is $16.50, and overtime is 1.5 times regular pay for hours worked beyond 8 hours in a day and double this amount for hours worked beyond 12 hours.

Q: What Is the 4/10 Rule in California?

A: The 4/10 rule in California refers to an alternative work schedule permitted under California labor law. It states that certain workers may work 4 days a week for 10 hours each day, instead of the standard 5-day work week with 8-hour days, since it also totals up to 40 hours of work. Before implementing alternative work schedules, employers must get employee approval and ensure they are following all procedures under California Labor Code § 511.

Q: What Are the Wage and Hour Violations in California?

A: In short, wage and hour violations in California are any actions that violate an employee’s legal right to obtain the paycheck and work hours they deserve. Violations are typically referred to as wage theft and can include incorrect time reporting, failing to pay for rest and meal breaks, neglecting to reimburse employees, and misclassifying employees.

Contact a Compassionate Wage and Hour Lawyer Today

At MM Law, we take an empathetic approach to our client interactions. We realize that wage theft can be disheartening as well as downright inconvenient. Luckily, with your strategic focus and fierce advocacy, you do not have to face your employment law case alone. Please contact our office to learn how we can help with your case.