UNLAWFUL WAGE AND HOUR PRACTICES
California has detailed laws in place to protect employees’ time spent in the workplace. Most people spend the majority of their waking hours at work, so it’s important these protections are implemented and followed. California also has more stringent requirements than federal law, and many national companies fail to take California-specific rules into account when necessary.
It’s important that California employees feel safe to speak to their supervisors or managers without fear of retaliation. The law protects employees who object to a company’s unlawful practices.
Meal and Rest Breaks:
Many California employers fail to provide their employees with meal breaks and rest periods that comply with the requirements of California law, which again goes beyond federal laws. Employees classified as “non-exempt” (which is the vast majority of employees paid by the hour) are entitled to a 30-minute unpaid, uninterrupted and off-duty meal break for each five-hour period worked; and a 10-minute paid rest break for every four-hour period worked, or significant portion thereof.
California employers often violate meal and rest break laws by simply not providing the required breaks. Some employer violations are less obvious though. For example, requiring an employee to combine their meal and rest break is illegal. So is automatically deducting thirty minutes from an employee’s timecard (whether or not a break was provided), interrupting a meal period, not allowing an employee to leave the worksite during meal or rest breaks, or requiring employees to sign “meal period waivers” (unless very strict requirements are met).
If you’re not receiving meal or rest breaks as required by law, call Ashley Davenport at 310-504-3989 for a free consultation.
Overtime:
Another law that national employers often break in California is related to overtime pay. California law requires employees to be paid overtime wages (time and a half of the regular hourly rate) for all hours over eight hours in a workday, and over forty hours in a week. There are additional rules related to hours worked on a seventh work day in a single week.
If you’re not receiving overtime wages as required by law, call Ashley Davenport at 310-504-3989 for a free consultation.
Paying for Business Expenses Out of Pocket:
Under California law, an employer must reimburse employees for any out-of-pocket expenses the employee incurs related to the job. Any money an employee must pay in order to do their job – must be paid back. Common expenses that employers must reimburse include: use of personal car for work (mileage), uniform costs (purchase and maintenance), education and training charges, and tools.
If your employer is not reimbursing you for out-of-pocket expenses, call Ashley Davenport at 310-504-3989 for a free consultation.
Off-the-Clock Work:
Employers often have policies or practices that require their employees to work when not formally clocked in. This is illegal. Whether it’s security checks that employees must undergo upon leaving their job, or a manager trying to cut overtime (and insisting employees “just finish up” after they clock out), employees must be compensated for time worked for the employer.
In the July 2018 case of Troester vs. Starbucks, the California Supreme Court held that even working a few minutes before or after clocking in is time for which a worker should be paid.
If you’re not being paid for ALL time worked for your employer, call Ashley Davenport at 310-504-3989 for a free consultation.