Don’t Get Short-Changed by Your Employer

Helping You Fight for the Pay You Earned

Federal and state labor laws protect California workers from employers who do not pay them correctly. As a California worker, you are entitled to many protections provided under the law. Don’t let employers short-change you and fail to provide you with the compensation you may be owed. Below are some common wage and hour violations committed by employers.

If you believe your current or former employer committed any of the following violations, you may have a legal claim:

Common Violations of Wage & Hour Laws

• Not paying overtime
• Not paying for all hours worked
• paying for all hours worked
• Misclassification of employees as independent contractors
• Misclassification of employees as independent contractors
• Not paying minimum wage for every hour worked
• Missed Meals and Breaks
• Forcing employees to work during breaks
• Improper Tip Pooling
• Failure to reimburse for business expenses
• Paying employees two different paychecks to evade overtime
• Underpayment of wages caused by improper rounding

By filing a wage and hour lawsuit, you may be able to seek compensation from your current or former employer for the wages you are legally entitled to.

Understanding California’s Labor Laws

Unpaid Overtime: In California, non-exempt employees who work more than eight hours in a day or 40 hours in a week are entitled to overtime at a rate of pay that is 1.5 times the employee’s regular hourly rate. Employees are also entitled to overtime pay for the first eight hours worked on the seventh consecutive day of work in a workweek and double the employee’s wages for all hours of work after the eighth hour. Employees who work more than 12 hours a day, must be paid double their regular hourly wage rate.

Off-the-Clock Work: Non-exempt employees are entitled to compensation for all hours worked. If an employer requires their employees to work outside their normal working hours, they must compensate them. Some examples include employers requiring their employees to prepare for their shift before clocking in, interrupting their employees with work during lunch breaks, or assigning work to employees who are at home during their days off.

Missed Meals and Breaks: Non-exempt employees in California are entitled to a 30-minute lunch break if they work five or more hours in a workday, and a 10-minute break for every four hours worked. Employees are entitled to a second lunch break if they work more than ten hours in a day. An employer may not require their employees to stay on the employer’s premises during their breaks. Employees should not be given any work or be expected to work due to the fast pace nature of a job during their breaks.

California Employee Misclassification of Employees as Non-Exempt. California law protects employees from employers who misclassify workers as independent contractors or exempt salaried employees to evade providing their employees with overtime wages, rest breaks, and other numerous protections provided to non-exempt employees. In California, employees are presumed to be non-exempt unless the employer can demonstrate otherwise. Job titles are irrelevant in determining whether a worker is exempt or non-exempt. Rather, one must look at the actual job duties to determine exempt status.

California Employee Misclassification of Employees as Independent Contractors

California law is one of the most protective in the nation in ensuring that employees are not misclassified as independent contractors. Employers must meet strict legal requirements if they choose to classify their workers as independent contractors. Recent California law has placed great limitations on an employer’s ability to classify a worker as an independent contractor regardless of any job title or agreement signed by the worker.

Failure to reimburse employees for work related expenses: California law prohibits employers from passing on the costs of doing business to their employees. As such, employers are required to reimburse their employees for any necessary expenses paid by the employee to conduct their duties. Examples of such include cell phone related expenses (even if employee pays for unlimited data plan), office supplies, business trip expenses, computers, and required uniforms. The duty to reimburse applies to both non-exempt and exempt employees.

Contact Culver Law Firm to Schedule a Free Consultation

At Culver Law Firm, we offer contingency fee agreements. This means that you do not pay any attorney fees until the case is settled. We will work on your behalf to obtain the best possible settlement or verdict; our fees will be covered in the final settlement. There are no up-front fees for our representation. You only pay attorney fees if we recover money for your injuries. If we fail to settle your case or receive a favorable verdict, you pay not attorney fees.

If you feel your employer has not paid you what you are due under the law, contact Culver Law Firm for a free consultation. Our consultations are always confidential; you can trust us to represent your interests fairly. We help you to get back on the road to recovery.