Employers often fail to comply with California Wage and Hour requirements in many different ways, including the following common violations:
• Forcing employees to work “off the clock,” or “rounding” employee time at the beginning or end of the shift.
• Not providing employees with an uninterrupted 30 minute meal period that begins no later than the end of the fifth hour of the shift.
• Not providing a 10 minute rest break for each four hour work period (or any half portion of a four hour work period – for example, on a six hour shift, one ten minute break for the first four hours, and a second ten minute break for the next two hours).
• Not paying an extra hour of pay for each missed meal period or rest break.
• Not paying time and a half for all hours over 8 in a day, and/or 40 in a week.
• Not accounting for commission, bonuses or other benefits such as free meals in calculating overtime pay. For example, if your employer regularly gives you a voucher for a free meal, you are legally entitled to a higher overtime pay than just time and a half of your regular hourly rate. The value of the free meal has to be factored into the calculation of your overtime pay.
• Not providing all required information on paystubs and earnings statements. For example, your employers address, hours worked, rate of pay per hour, and number sick pay hours earned all must be displayed on the paystub.
• Not paying employees for “on-duty” meal periods, or not having a written agreement for “on-duty” meal periods. For example, if your employer requires you to take your lunch while still working and not paying you for that time.
• Not compensating employees for all employment expenses (such as uniforms, automobile mileage, etc.).
• Not providing paid sick days.
• Not paying for all earned vacation upon termination.
• Not providing suitable seating.
• Not providing “cool down” periods for employees working in hot temperatures.
If you believe your employer is not complying with the law for one or more of the above reasons or any other reason, please contact us for a free consultation. At Rastegar Law Group, there is no fee unless and until we obtain recovery for you.