California Labor Law Violation: Unpaid Overtime, Minimum Wage, Missed Breaks Investigation

Know your rights as an employee

Lawsuits claiming violations from employers, especially large out of state corporations are on the rise in California. California has some of the strictest labor laws regarding employees and working conditions.Violations of the California labor code and employment labor laws including unpaid overtime, minimum wage and missed breaks are being filed under the California Labor Code. Allegations for employers violating their worker’s legal rights include salary misclassification or unpaid overtime, failure to provide meal or rest breaks, illegal wage deductions, unpaid expense reimbursement, unpaid vested vacation, unpaid commissions, wage and hour violations and discrimination. The California and Federal Employment Labor Law protects an employee’s legal rights against workplace discrimination and harassment as well as overtime pay, meal and rest breaks, minimum wage and other benefits.

California has a one of a kind state overtime pay law that secures employees from working expanded hours. Employers, especially multi-state corporations may violate the California labor laws by either intentionally, accidentally or incorrectly categorize employees just to avoid overtime pay. Overtime pay under the California Labor Law is based on hourly wages, shift differentials, salaries, commissions and non-discretionary bonuses. As of January 1, 2016 the minimum wage in the state of California is increased from $9 to $10 per hour. To be eligible for the California wage exemption, employees should earn the hourly rate twice that of minimum wage as of January 1st it would be $2O per hour 40 hours per week total weekly salary of  $800.00 dollars per week. Employers must carry out a compensation review of their exempt employees to comply with the requirements of California labor law. Employers who are not able to pay the new minimum wage will be asked to pay liquidated damages to their employees along with other penalties.  The California Labor Code does not allow employers from demanding employees to work during their rest or meal periods. Non-exempt employees should have a 10-minute paid rest break for every 4 hours worked, most likely in the middle of the work shift. Employers who violate this law will be required to pay one hour of the employee’s regular rate per day. Employees working outdoors such as those working in agriculture, farming and landscaping are also legally qualified to have rest breaks in the shade as needed especially when temperatures rise to more than 85 degrees Fahrenheit to prevent heat illness.

If your legal rights as an employee have been violated under the California labor and employment laws, you can file a class action lawsuit and receive financial compensation to help you recover damages for liquidated damages, penalties, wages and interest from unpaid wages as well as attorney’s fees and costs. Please Contact Us and provide any details along with contact information. If you prefer to leave a voicemail you can call 1.858.236.9020. can then forward these requests to our network of attorneys that may contact you if a Class Action Lawsuit is to be pursued.

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