WAGE & HOUR VIOLATIONS

Compensation & Work Conditions Under California Law

Unless you are exempt, you are entitled to the following compensation and work conditions:

Overtime

Employees shall not be employed more than eight (8) hours in any workday or more than 40 hours in any workweek unless the employee receives one and one-half (1 1/2) times his or her regular rate of pay for all hours worked over 40 hours in the workweek. Employees shall receive double their regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight hours on the seventh consecutive day of work in a workweek.

Reporting Time Pay

Each workday an employee reports to work, but is not put to work or is furnished less than half his or her usual or scheduled day’s work, the employee shall be paid for half the usual or scheduled day’s work. In no event shall the employee be paid for less than two hours nor more than four hours at the employee’s regular rate of pay which shall not be less than the minimum wage.

Records Keeping

Every employer shall keep accurate information with respect to each employee including:

1. Full name, home address, occupation, and social security number.
2. Birthdate, if under 18 years, and designation as a minor.
3. Time records showing when the employee begins and ends each work period. Meal periods, split shift intervals, and total daily hours worked shall also be recorded. Meal periods during which operations cease and authorized rest periods need not be recorded.
4. Total wages paid each payroll period, including value of board, lodging, or other compensation actually furnished to the employee.
5. Total hours worked in the payroll period and applicable rates of pay. This information shall be made readily available to the employee upon reasonable request.
6. When a piece rate or incentive plan is in operation, piece rates or an explanation of the incentive plan formula shall be provided to employees. The employer shall maintain an accurate production record.

Paystub & Pay Requirement

Every employer shall semimonthly or at the time of each payment of wages furnish each employee, either as a detachable part of the check, draft, or voucher paying the employee’s wages, or separately, an itemized statement in writing showing:

• All deductions
• The inclusive dates of the period for which the employee is paid;
• The name of the employee or the employee’s social security number and
• The name of the employer, provided all deductions made on written orders of the employee may be aggregated and shown as one item

Lunch Breaks

No employee will work more than five (5) hours without a meal period of at least 30 minutes unless the work period is not more than six (6) hours. The meal period may be waived if both the employee and employer agree to it.

An employee will not work more than ten (10) hours without an additional meal period of at least 30 minutes unless the work period is no more than 12 hours. This meal period can be waived if the first meal period was not waived.

A meal period is only considered valid if the employee is relieved of all work duties during the meal. If meal periods are not provided by the employer, the employee is due one (1) hour of pay at his or her regular wage rate for any workday lacking a valid meal period provision.

Rest Breaks

Rest periods must be provided for all employees at the daily rate of ten (10) minutes per four (4) hours worked. Employees who work less than three and a half hours a day (3.5) are not required to have rest periods.

Rest periods that are not provided must be compensated at one (1) hour of regular wage pay for any workday without a rest period provision.

Paid Sick Leave

As of 2015, employees who work at least 30 days in a year are eligible to receive paid sick leave. Employees will earn one hour of paid sick leave for every 30 hours worked. You can be forced to take sick leave in at least two-hour increments but not more.

Misclassification of Exempt Status

To avoid paying overtime rates, many employers try to classify employees as exempt under the narrow and specific exemptions that exist for overtime compensation and other labor laws. The title of the position held does not determine if an employee is exempt. Only his or her duties and responsibilities carried out day to day determine if an employee is exempt as an executive, administrative, professional, or salesperson. An employee’s change in status as exempt from the above laws and regulations often happens abruptly without explanation which can add up to longer hours for less pay.