Share

California Workplace Rights Blog

Sunday, March 9, 2014

Unpaid Internships

To kick off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights.  Number 9 on the list is unpaid internships. 


Read more . . .


Thursday, March 6, 2014

Misuse of Comp Time

To begin the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights.  Number 8 on the list is employer misuse of compensatory time off or “comp time”. 


Read more . . .


Monday, March 3, 2014

Off the Clock Work

To start off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights. 

Number 7 is another example of an employer failing to pay employees for all hours worked.  Some employers make employees perform tasks such as loading or unloading equipment or downloading information to an electronic device before the employee clocks in and begins earning pay or after the employee clocks out at the end of the day.  Employees who have been required to perform off the clock work may be eligible to recover regular pay and overtime pay. 

If you think your employer has failed to pay you for all hours worked, you may want to speak to an attorney to discuss whether a recovery is possible.  Contact the Law Offices of G. Samuel Cleaver by email or phone at 323-648-6676 for a free consultation. 


Friday, February 28, 2014

Failure to Pay for Travel Time

To begin the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights.  Number 6 is failure to pay for travel time. 


Read more . . .


Wednesday, February 19, 2014

Employees Must Be Paid for All Hours Worked

To kick off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights. Number 5 on the list is failing to pay employees for all hours worked. 


Read more . . .


Saturday, February 15, 2014

Failure to Pay for Unused Vacation at Termination

To kick off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights.  Number four on the list is taking an employee’s vacation pay. 


Read more . . .


Monday, February 10, 2014

Misclassifying Employees as Independent Contractors

To start off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights. The number 3 on the list is misclassification of an employee as an independent contractor. 

Very few workers are truly independent contractors. A key test of whether a worker is an independent contractor or an employee is how much control the employer has.  If the employer tells the independent contractor how to do his or her job, what time to arrive and leave work, etc., then the independent contractor is most likely an employee. 

The California Department of Industrial Relations has a list of factors to help determine whether a worker is an independent contractor or an employee.  The list is available at http://www.dir.ca.gov/dlse/faq_independentcontractor.htm

Being misclassified as an independent contractor can hurt an employee in many ways.  The employer doesn’t have pay its portion of social security and medicare taxes (e.g. FICA).  The employer’s portion of FICA is 7.65% percent.  That means the misclassified employee will have to pay an extra 7.65% of his or her salary in taxes that the employer should have paid.  The employer will also not contribute to state unemployment insurance on behalf of independent contractors so if the independent contractor loses his or her job, it’s possible he or she may not receive unemployment benefits.  Overtime and other wage and hour laws do not apply to independent contractors.  An independent contractor also does not receive benefits such as health insurance, sick leave and vacation pay that an employer provides to regular employees.  

If you are concerned you may have been misclassified as an independent contractor email or call the Law Offices of G. Samuel Cleaver at 323-648-6676 for a free consultation today. 


Saturday, February 8, 2014

Failure to Pay for Meal and Rest Period Breaks

To kick off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights.  Number two on the list of frequently violated wage and hour rights in California is failure to provide meal and rest breaks. 


Read more . . .


Monday, February 3, 2014

Failure to Pay Overtime

To kick off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights. 

At the top of the list of frequently violated workplace rights is unpaid overtime.  California law requires California employers to pay employees at time and a half for all hours worked over 8 hours in a day and 40 hours in a week and to pay two times the employee’s regular rate for all hours worked over 12 hours in a day.  Additionally, employees who work seven days in a row must receive time and a half for the first 8 hours worked on the seventh day and double time for every additional hour. 

Some employers try to get around the law by paying their employees a salary instead of an hourly wage.  The employers tell employees they are “overtime exempt” because they receive a salary.  The truth is exceptions to California’s overtime law are very narrow.  Most California employees, even those that are paid a salary, must receive overtime pay.  Employers who don’t properly pay their employees overtime are committing wage theft, which is a misdemeanor crime.  (Labor Code Sec. 553).

Other employers tell employees that the employees aren’t eligible for overtime because they are managers or assistant managers.  But the law looks at many other factors than just job title to decide whether an employee is overtime exempt.  For example, if a manager or assistant manager doesn’t earn more than twice the minimum wage or spends more than half his or her time doing the same work as non-managerial employees, then he or she should receive overtime pay. 

California law provides powerful tools for employees to recover unpaid overtime.  If you think your employer has failed to pay you overtime, email or call the Law Offices of G. Samuel Cleaver at 323-648-6676 for a free consultation today.


← Newer1 2Older →


The Law Offices of G. Samuel Cleaver, provides legal services throughout California, including the cities of Los Angeles (L.A.), Glendale, Santa Monica, Burbank, Anaheim, Costa Mesa, and Irvine; Los Angeles County, Orange County, Riverside County, San Bernardino County, San Diego County, Ventura County, Santa Barbara County, Kern County and Fresno County; and the Inland Empire.



© 2019 Law Offices of G. Samuel Cleaver | Disclaimer
5670 Wilshire Blvd., 18th Floor, Los Angeles, CA 90036
| Phone: 213-568-4088

Employment Law | Discrimination | Sexual Harassment | Wage and Hour | Class Actions | The Family Medical Leave Act | Federal Government Employees | Sex/Gender Discrimination | Unpaid Wages | Disability Discrimination | Sexual Orientation and Gender Identity Discrimination | Attorney Profile

Law Firm Website Design by
Amicus Creative