Share

Employment Law

Monday, October 21, 2019

Top 5 Ways CA Employers Steal Employee Wages: No. 4 Stealing Rest Breaks


Many jobs require demanding work at a fast pace or in high heat so every minute of rest time is critical to employees. California employers must provide a ten minute paid rest period for every four hours an employee works. For most workers, that means they should receive two rest breaks per eight hour shift and a third rest break if the shift is longer than ten hours. Not getting a full ten minute rest break is just as illegal as not getting any rest break at all. So if an employee has to spend part of a ten minute break walking to and from the breakroom, the employee is not receiving a legally required rest break.
Read more . . .


Thursday, October 17, 2019

Top 5 Ways CA Employers Steal Employee Wages: No. 5 Not Paying Final Wages or Paying Final Wages Late


Many California employers obey the California labor laws. Unfortunately, some don't.  One of the top ways dishonest employers steal time and money from their workers is not paying final wages or paying final wages late.

In California, when a worker is laid off or terminated, the employer must immediately pay the worker all money owed including all accrued, unused vacation hours.* Some employers refuse to pay any wages at termination or they don't pay all wages owed, such as unused vacation hours.


Read more . . .


Tuesday, October 15, 2019

Top 5 Ways CA Employers Steal Employee Wages: No. 3 Stealing Meal Periods


Many California employers obey the California labor laws. Unfortunately, some don't.  One of the top ways dishonest employers steal time and money from their workers is stealing hours.

California employers must provide a 30 minute off-duty meal period for every 5 hours that an employee works. Employees who work more than 10 hours in a day are entitled to a second 30 minute off-duty meal period.


Read more . . .


Tuesday, October 15, 2019

Top 5 Ways CA Employers Steal Employee Wages: No. 2 Stealing Hours


Some employers steal substantial amounts of time and wages from their employees every pay period. Warning signs of possible wage theft are when an employer makes employees clock in and out with an app or when the foreman or supervisor tracks everyone's time. In these cases, workers never see their timecards and the employer can reduce hours worked without fear of getting caught. Even when employers use timecards, they still reduce hours because they know that most employees won't remember how much time they worked each day.

If you think your employer isn't paying you for all the time that you worked, you can keep track of your hours to check.

Read more . . .


Wednesday, October 9, 2019

Top 5 Ways CA Employers Steal Employee Wages: No. 1 Stealing Minutes


Many California employers obey the California labor laws. Unfortunately, some don't.  One of the top ways dishonest employers steal time and money from their workers is stealing minutes.

Workers have a right to be paid for ALL time worked. Have you noticed that whenever a glitch in the timekeeping system gives workers a little extra money, the company will correct it right away.


Read more . . .


Monday, October 7, 2019

If It's Not in Writing (and you have a copy), It Didn't Happen


One of the first things I ask people who have experienced discrimination and retaliation at work is whether they ever complained about it to a supervisor or HR.  Many times they have.  They’ve called HR or the employee hotline.  Unfortunately, hotline complaints somehow always disappear.  My entire career as a lawyer, I’ve seen one hotline complaint.


Read more . . .


Friday, July 11, 2014

California Employees Retaliated Against for Complaining About Unpaid Wages Now Eligible to Receive a $10,000 Civil Penalty

California employees and job applicants who are the victims of discrimination or retaliation because they complained about unpaid wages are now eligible to receive a civil penalty of up to $10,000.  Many times employees begin working at a job only to find that their new employer is breaking the law by refusing to pay them at least minimum wage for all hours worked or overtime.  The new employee complains and is promptly fired.  Labor Code section 98.6 outlaws such conduct, but it is hard for the employee to take action because often the employee only worked a short period for the employer, and his or her damages may only be a few hundred dollars.  The employee may not be able to find an attorney to take the case and the work required for the employee to take the case to the Labor Commissioner on his or her own may not be worth the very limited potential recovery.

By directing payment of the up to $10,000 penalty to the employee who has been harmed, California now makes it possible for employees to recover an amount closer to the value of their lost wages and the aggravation and upset of having been the victim of unlawful retaliation.  


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.




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