W
S
Western states employment law, PC
916-839-4404
Wage & Hour
California has some of the strongest protections in place for employees, including strict requirements that employees are paid what they are owed. California’s wage and hour laws are so detailed that many employers do not know the full scope of their obligations and may violate wage and hour laws without even realizing it, denying their employees of compensation rightfully owed to them. On the other hand, some employers intentionally take advantage of their employees by compensating them less than what they are owed to obtain a competitive advantage and increased profit.
Violations of California’s wage and hour laws can include the following:
- Not paying the minimum wage
- Failing to pay overtime
- Not providing required meal and rest breaks
- Requiring employees to work off the clock, which can include uncompensated, off-duty phone calls and emails
- Retaliating against employees who ask about their compensation
- Misclassifying employees as exempt, and thus denying them overtime pay
- Not reimbursing work-related expenses
- Not providing accurate wage statements to their employees
- Not paying earned commissions or bonuses
Employees who prevail on a wage claim may be entitled to collect unpaid minimum wages, unpaid premiums, such as unpaid overtime, meal and rest period premiums, interest accrued on any unpaid wages, penalties, and attorney’s fees. Unlike other employment law cases, an employee cannot collect emotional distress damages for a wage claim.
If you believe your employer is not paying what you are owed, or you are being denied guaranteed protections, such as appropriate meal and rest breaks, you should contact experienced employment counsel to discuss your options.
Get in Touch
California Employment Law
Wrongful Termination
Although California is an at-will employment state, an employer cannot terminate an employee for an unlawful reason. Unlawful reasons may include retaliation, discrimination, or breach of an agreement.
Discrimination
The law protects employees from discrimination based on specific characteristics, including disability or medical condition, race, gender, age, and religion. Employees who face discrimination may have a claim against their employer.
Harassment &
Sexual Harassment
The law protects employees from workplace harassment based on protected characteristics, including sex and gender. If conduct creates a hostile workplace or an employer requests sexual favors in exchange for job benefits, employees may have a claim against their employer.
Retaliation &
Whistleblowing
The law provides numerous prohibitions against retaliation. When an employer takes a negative employment action because an employee participated in protected activity, an employee may have a claim for retaliation.
Disability Accommodation
Employees who are disabled are entitled to accommodations to enable them to perform the essential functions of their job. Employers cannot discriminate against a disabled employee or retaliate against them for requesting an accommodation.
FMLA/CFRA Leave
Employees may be entitled to unpaid protected leave for personal or family medical issues. If an employer denies the leave or takes action against an employee for taking leave, an employee may have a claim against their employer.
Unpaid Wages, Overtime, Meal & Rest
The law ensures employees are compensated for their work. California has additional protections including meal and rest periods, accurate wage statements, and reimbursement for expenses. Employees have remedies when they are not properly compensated.
Public Sector Employment
Public employees may need to complete some important procedural steps to protect and enforce their workplace rights, including filing timely administrative claims or participating in pre-termination hearings.
Employment Agreements
Most California employees are at-will employees. Sometimes, employees have contracts that set the terms, compensation, and benefits of their employment. Employees should have a clear understanding of these agreements and the steps they can take if the employer breaches the agreement.
Contact Us
500 Capitol Mall
Suite 2350
Sacramento, CA 95814
By Appointment Only
916-839-4404
Office Hours
Monday to Friday
9:00 am to 6:00 pm
W
S
Western states
employment law, PC
Shane Larsen
attorney bio
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
© 2024 All Rights Reserved.