Posts Tagged Violations

Most Common California Overtime Law Violations – Find Out Now!

Written on July 8, 2010 by admin

Filed Under: Labor Law

Before discussing the California overtime law, it’s important to know who is eligible to receive overtime. There are two types of employees: “exempt” and “non-exempt”. Exempt employees are often referred to as salaried employees and non- exempt employees are often referred to as hourly employees. However, an employee may be salaried and still be considered non-exempt and entitled to overtime. Exempt employees are treated exactly as the term sounds; exempt from overtime pay. Non-exempt employees are not exempt from receiving overtime pay. In other words, non-exempt employees are eligible to receive overtime unless the employee is misclassified or the employee is otherwise exempt under a California wage order. For more information on the guidelines for classifying employees as exempt or non-exempt, you should contact the California Department of Labor or a California labor law attorney. Not classifying employees properly is illegal and can be a costly mistake for employers out of compliance.In general, California overtime law dictates that the non exempt employee is entitled to time and a half pay or 1.5 times their regular wage for each hour the employee works past 8 hours in a day or 40 hours in a week. The California overtime law also states that the non exempt employee is due double time pay or twice the amount of their regular hourly wage for every hour past 12 hours in a day. Where as federal overtime laws only require additional compensation past 40 hours in a week, California overtime laws differ in this regard.California employers will often choose to follow federal law as opposed to California overtime law, and in doing so they sometime unknowingly cheat their employees from daily overtime that is due to them. But the most common violation of California overtime law is frequently referred to as misclassification. This occurs when the employer misclassifies the employee as exempt from overtime when in fact, their actual job duties are that of a non-exempt employee and are actually entitled to California overtime pay. California labor laws are very specific about what mandates an exempt employee classification.Other common violations that might require the assistance of California labor law attorneys or the California Department of Labor would be if the employee’s time sheet is altered in anyway and does not truly reflect the time worked, or if unlawful deductions have been made from the employee’s wages. Some common examples of unauthorized wage deductions are unintentional breakage of employer property (glassware, tools, etc) or cash shortages identified at the end of a shift.Lastly, the employee’s rights are violated if they do not receive the proper rest periods and meal breaks. This means that if the employee is going to work more than 6 hours in a day, the employee is entitled to a half hour uninterrupted meal break within every 5 hour period worked and a 10 minute break within every 4 hours worked. Sending the employee home a half hour early or clocking them in a half hour before they have begun working, to avoid giving the employee a break during the day, is a direct violation of the employee’s rights. If you find yourself in this situation, or in a similar circumstance, it may be prudent to contact a California labor law attorney for a more informed opinion of your potential wage claim.California overtime laws are in place to protect the California workforce. If an employee has had their rights violated in any of the ways discussed above, the employee may very well be entitled to overtime pay and should seek the assistance of California labor law attorneys or the California Department of Labor. The biggest difference between the California Department of Labor and California labor law attorneys is that a California labor law attorney can go back up to 4 years to recover unpaid overtime. The California Department of Labor typically will only recover wages from the last 3 years of employment. Often employees will worry that legal costs may be an issue when making this type of choice. However, there are a large number of qualified California labor law attorneys that offer their services on a contingency fee basis. Either way is shouldn’t cost you anything to claim what is rightfully yours.

Lars Vheltzer is a freelance journalist who comments on California overtime law and using either the California Department of Labor or a California labor law attorney to resolve overtime violations.

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Common California Labor Law Violations – Know Your Rights!

Written on June 26, 2010 by admin

Filed Under: Labor Law

The purpose of California labor law is to protect employees from being taken advantage of by their employer and to ensure a common standard of living and or working. The United States and California have both come a long way since the Industrial Age when children worked alongside their parents 7 days a week, and often 12 to 14 hours per day without breaks. Today California labor law is designed to regulate everything from wrongful termination of employment to wage and hour compliance, with the latter being commonly referred to as California overtime law. Some of the most common misconceptions regarding California overtime law revolve around how overtime is actually calculated. Often workers are under the impression that any hours over 40 in a week are considered overtime. While this is correct, it is not the entire truth either. California overtime law mandates that for every hour worked over 8 hours in a day and 40 hours in a week, the worker is to be paid one and a half times their regular rate of pay. Time and again, employers will try to avoid paying overtime completely by attempting to place the employees on salary, otherwise known as “exempt from overtime.” Fortunately for California employees, California labor law is quite specific when authorizing what jobs can be considered salaried, or “exempt from overtime pay.” The most important thing to remember is that exemption status is determined by the actual work or duties performed by the employee and not by the job title given to them by their employer. The best way to be certain you have not been misclassified as salaried exempt, is to contact a California labor law attorney to discuss your job duties. An experienced California labor law attorney is also able to help determine if you have a legitimate claim involving improper meal and break periods. Most California workers are aware that California labor law requires a half hour lunch break. However, California labor law does require that this break be uninterrupted and be taken within the first 5 hours of a shift lasting at least 6 hours. Additionally, if the employee works a “10 hour day” then he/she is entitled to a second half hour, uninterrupted break. The law also states that for every 4 hours an employee works he or she is required to be provided a “10 minute uninterrupted break.” Contacting a California labor law attorney can also be instrumental in proving a wrongful termination of employment claim. There are a number of factors that may constitute a potential claim for wrongful termination of employment. For example, if an employee feels they were terminated because he/she reported an employer’s safety violation, a potential case may exist for wrongful termination of employment based on retaliation. To cite another example, an African-American employee is told that he is being let go because of downsizing, only to discover later that the employer has immediately hired a Caucasian replacement for his exact position. This may very well constitute a wrongful termination of employment based on race. The bottom line is that California labor law was designed to protect the California worker. If you suspect that your rights under California overtime law have been violated, or you believe you may have a claim for wrongful termination of employment, it may be wise to retain a skilled California labor law attorney to discuss your legal options. Remember that “knowing your rights” is just the start to insuring that the California labor laws designed to protect you are effective. You may be entitled to recover your wages, or your job, or both!

Lars Vheltzer is a freelance journalist who comments on California labor law and California overtime law. Lars suggests that employees who are suffering from an employer abuse of these laws should consider retaining a California labor law attorney.

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