Wage & Hour Law
Common violations
overtime
meal and rest breaks
unpaid wages
Reporting Time
exempt vs non-exempt
eMPLOYEE VS INDEPENDENT
CONTRACTOR
Wage and Hour law covers issues surrounding pay. Employer failures to properly apply to and adhere to application of California’s various wage and hour laws is a common problem faced by California Employees - particularly those who work by the hour.
Generally speaking California law and similarly Federal Law requires California employers to pay employees for all time worked. Both Federal and California Wage & Hour laws establish minimum wages California employers must pay their employees, when employees are entitled to meal and rest breaks and the penalties employers must pay when they fail to provide those breaks, as well as when employees are entitled to extra pay in the form of overtime and double time.
California law also protects other pay related issues such as how to determine if an employee is exempt or non-exempt, when a employer must pay an employee for showing up even if they don’t work, and who is considered and employee vs an Independent Contractor.
Additionally, California Law protects employees from retaliation for exercising their rights, such as complaining that they don’t get paid overtime, do not get the meal and rest breaks they are entitled to, or are not paid their final pay on time.
See below from specific wage and hour laws that protect the rights of California Employees.
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Laws protecting California Employees From
Wage & Hour Violations
There are several laws which protect California employees from wage & hour violations. Here are a few:
Federal Labor Standards Act (FLSA)
California Labor Code
California Wage Orders
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How Can The Employment Justice Project Help?
There are several ways that the Employment Justice Project can help. Every case is different and while EJP can make no guarantee of results in your specific situation, here are a few examples of the assistance EJP may be able to provide:
Listen
Counsel and Advise
Request and review employee file and payroll records for evidence of violations
Interview witnesses
Educate you on your rights and possible claims
Educate your employer on your rights and their responsibilities under the law
Advocate for reinstatement
Advocate for resolution of your claims
Negotiate recovery of lost wages and penalties
Negotiate terms of settlement or severance agreement
Negotiate a neutral reference
Litigate, if needed and appropriate
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