California Labor Law protects employees working for businesses in the State of California to ensure payment of minimum and overtime wages, meal and rest breaks are given, proper classifications are made, and record keeping is accurate. When employers do not abide by these laws they can face major penalties.
Here are the basic violations you should know about:
Minimum Wage and Overtime
The minimum wage for full or part time employees in California is $8 per hour. Non-exempt employees must be paid one and one-half times their regular hourly rate for hours worked in excess of the daily 8 hours or 40-hour workweek.
Meal and rest breaks
All employees working more than 5 hours in one day must be given a 30-minute meal break. You are also entitled to a 10-minute rest break for every 4 hours you work in a given day. If your lunch break is taken while you are “on-duty” it cannot be deducted from your paycheck.
This refers to a non-exempt employee who is a paid hourly being misclassified as an exempt employee who would be on a salary. Employers could do this in order to save on paying overtime.
Record keeping violations
Employers must keep accurate records of hours worked, wage level or salary, and work history for every employee for at least two years. These records can be used as evidence when claims are being investigated.
It is very difficult to prove these violations on your own. You should consider working with an experienced attorney who knows the law and understands the legal process. If you have feel you have been denied your rights under California Labor Law, call Kingsley & Kingsley today for a free consultation at toll free at 888-500-8469 or locally in Los Angeles at 818-990-8300.