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Wage and Hour 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.
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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.


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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.


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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.

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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.


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Saturday, October 5, 2019

Are You Getting the Full Prevailing Wage?


California and federal companies that receive contracts for public works must pay their workers the prevailing wage.  (Cal. Lab. Code ยง 1771).  The prevailing wage is usually much higher than the rate companies pay their workers for non-government contract work.


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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.  


Thursday, March 13, 2014

Failure to Pay for On-Call Time

To kick off the California Workplace Rights Blog, the blog is reviewing 10 of the most often violated employee wage and hour rights.  Number 10 on the list of frequently violated California wage and hour laws is failure to pay for on-call time.


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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. 


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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”. 


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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. 



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