Q & A

Minimum Wage Violation

  • My Employer is paying me $9 an hour. Is this legal in California?
    • As of January 2018 the Minimum Wage in California is $10.50 ($11.00 if 26 or more employees). Additionally some cities, such as Los Angeles, have passed higher minimum wage ordinances. If you have reason to believe you or someone you know is being paid less than minimum wage feel free to contact us for a free consultation.

Overtime Violation

  • My employer is making me work 10 hours a day and pays me $11 an hour. Is this legal in California?
    • In California, any work performed over 8 hours, up to 12 hours, must be paid at 1.5x the employees regular pay rate. Any additional work over 12 hours in a single day must be paid at 2x the employee’s regular rate.
  • My employer makes me clock out, but then I am “on-call” until a certain time. I am not getting paid while I’m “on-call.” Is this legal in California?
    • Certain professions in California are exempt and can be “on-call” and not paid additional wages. However, there are many professions or jobs in California that are not on this exempt list and, thus, are required to be paid for any hour that are “on-call.” If you think this might apply to you, feel free to contact us for a free consultation.

Rest Period Violation

  • My employer makes me work 4-hour shifts before and after lunch without any other break. Is this legal in California?
    • In California, most employees are entitled to a 10-minute rest period approximately every 4 hours of work. During this rest period, employees are relieved of any and all duties that they otherwise perform. If you think your employer is not providing you with rest periods, please contact us for a free consultation.

Meal Period Violation

  • My employer makes me clock out for my lunch breaks. Is this legal in California?
    • In California, employees are entitled to a 30 minute meal period for every shift in excess of 5 hours. However, employers are not required to pay employees for this period. During these meal periods employees are relinquished any and all duties that they otherwise perform and employees must be allowed to leave the work premises. If you think your employer is not providing you with proper meal periods, please contact us for a free consultation.

Misclassification

  • My employer has stated I am exempt from all breaks and overtime because I am an independent contractor. Is this legal in California?
    • In California independent contractors are not given the same rights as employees. Although, employees must be given meal and rest periods as well as be paid overtime, independent contractors are exempt from these rules. Many employers misclassify employees as independent contractors causing employees to not be afforded their rights. If you think you or someone you know has been misclassified as an independent contractor, please contact us for a free consultation.

Retaliation

  • I complained to my supervisor about an unsafe work condition. A few days later I was fired for my complaint. Is this legal in California?
    • In California an employee can not be fired for making a complaint about an unsafe work condition. If you think your employer has taken retaliatory actions against you, please contact us for a free consultation.  b