Frequently Asked Questions

In California, employees are entitled to overtime pay (1.5 times their regular rate) for any hours worked over 8 hours in a day or 40 hours in a week. There are some exceptions to these rules, so it’s important to speak with an attorney if you have questions about your specific situation

In California, employees who work more than 5 hours in a day are entitled to a 30-minute unpaid meal break, and employees who work more than 10 hours in a day are entitled to a second 30-minute unpaid meal break. Additionally, employees are entitled to paid 10-minute rest breaks for every 4 hours worked.

Misclassification as an exempt salaried employee can occur when an employer incorrectly classifies an employee as exempt from overtime pay and other protections under California law. This misclassification can result in the employee being denied certain benefits and protections, such as overtime pay and meal and rest breaks. Under California law, employees are classified as either exempt or non-exempt based on their job duties and compensation. Exempt employees are not entitled to overtime pay or meal and rest breaks, while non-exempt employees are entitled to these protections. In order to be classified as exempt, an employee must meet certain criteria related to their job duties and compensation. For example, the employee should perform primarily executive, administrative, or professional duties and be paid a salary that meets certain minimum requirements. The employee must also exercise independent judgment and discretion in their work.Misclassification as exempt can occur when an employee is incorrectly classified as exempt even though they do not meet these criteria. For example, an employer may classify an employee as exempt based solely on their job title, without considering whether their actual job duties meet the criteria for exemption.If you believe you have been misclassified as an exempt salaried employee, it’s important to consult with an experienced employment attorney to understand your legal rights and options. You may be entitled to overtime pay and other benefits and protections under California law. An attorney can help you determine whether you have a valid legal claim and help you pursue compensation for any damages you have suffered as a result of misclassification.

Generally, no. Under California law, employers are required to pay employees for all hours worked and are prohibited from making certain types of deductions from an employee’s wages. Employers are generally prohibited from making deductions from an employee’s wages for items such as cash shortages, breakage, or other losses to the employer’s property. Employers are also prohibited from deducting wages for uniforms, tools, or other items that are primarily for the benefit of the employer. However, there are some limited circumstances where an employer can make deductions from an employee’s wages. For example, an employer may be able to make deductions for certain taxes or withholdings required by law, or for health insurance or retirement plan contributions if the employee has authorized such deductions.If an employer makes an illegal wage deduction, an employee may be able to recover the amount of the deduction through legal action. In addition, an employer who makes illegal wage deductions may be subject to penalties and fines under California law. It’s important for employees to understand their rights under California law and to keep detailed records of their wages and any deductions that are made. If an employer is making illegal wage deductions, an employee should consult with an experienced employment attorney to understand their legal options and to seek compensation for any damages suffered as a result of the illegal deductions.

Employers are required by law to pay an employee’s final wages in a timely manner. If an employer fails to do so, the employee may have legal options to recover the unpaid wages. Under California law, when an employee separates from employment, the employer must pay the employee all wages owed at the time of separation. If the employee is terminated, the employer must pay the final wages immediately upon termination. If the employee quits without notice, the employer must pay the final wages within 72 hours of the employee’s last day of work. If the employee gives notice of resignation at least 72 hours in advance, the employer must pay the final wages on the employee’s last day of work. It’s important for employees to keep detailed records of their wages and any communication with their employer regarding payment of final wages. If an employee believes that their employer has paid their final wages late, they should consult with an experienced employment attorney to understand their legal rights and options.

Under California law, employees who hire an attorney to pursue wage and hour claims against their employer are protected from retaliation. Specifically, California Labor Code Section 1102.5 prohibits employers from retaliating against employees who engage in protected activities, such as filing a complaint or participating in an investigation related to wage and hour violations.If an employer retaliates against an employee for engaging in protected activities, the employee may have a claim for retaliation. Retaliation can take many forms, such as termination, demotion, reduction in hours, or a negative performance review. The key factor is that the employer’s action must be motivated by the employee’s protected activity.If an employee believes they have been retaliated against for engaging in protected activities, they should consult with an experienced employment law attorney. The attorney can help the employee evaluate the strength of their claim and take appropriate legal action, such as filing a complaint with the California Labor Commissioner or filing a lawsuit in court. Overall, employees in California are protected from retaliation when they hire an attorney to pursue wage and hour claims against their employer. It is important for employees to know their rights and to take action if they believe their employer has engaged in retaliatory conduct.