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wage and hour Archives

Be on the lookout for wage delays and tricks

You deserve to have your compensation for the work you put in paid on time. While many people in the state of California receive their wages without trouble, some workplaces, whether because of error or because an employer believes it will be more convenient for them, will delay paying their workers. There are any number of wage tricks an employer may try to pull off.

Limits on California overtime work hours

The prospect of working overtime is not always welcomed by California workers. Some are pleased to take some overtime to help pay for extra expenses, while others dread it and wonder if they can legally stop their employer from requiring them to put in the overtime. State law does lay down some restrictions on overtime, though employers retain broad discretion in requiring it.

Do California employers have to offer lunch and rest breaks?

As someone who makes your living working for a California employer, you have certain rights with regard to lunch and rest breaks during the work day. When your employer fails to comply with the state’s regulations regarding employee meal and lunch breaks, he or she is running afoul of the law, and you may be able to hold him or her accountable for doing so.

Is my workplace required to provide nursing breaks?

New mothers in California often have many concerns when returning to work. One pressing issue involves nursing breaks and whether employers are mandated to accommodate women in this regard. Women’sHealth.gov explains employer obligations as they pertain to nursing breaks in the workplace.

What are the wage laws for tipped employees?

The wage paid to tipped employees is a commonly discussed topic that can get heated. However, the laws in California are much different from those in other states. While many states and the federal government do not require employers to pay tipped employees at least the minimum wage, in California, the law does, according to the Department of Industrial Relations.

What is a living wage?

There is a lot of talk these days about employers not paying employees enough. Many feel that employers in California are not paying enough for their employees to live on. This has brought up the idea of a living wage. According to CNBC, a living wage is how much you need to make to afford your basic living expenses.

The process of determining back pay amounts

Sometimes, employers in California refuse to pay their workers. The reasons for this range from the personal to the financial, but the law rarely accepts a company's decision to withhold pay without a very convincing argument in favor of the action. However, since employers are seldom willing to distribute money they have decided to keep, one should expect to expend some resources in the pursuit of compensation.

Are you a employee or an independent contractor?

It is not uncommon for California businesses, especially small companies or startups, to misclassify employees as independent contractors. The idea of using independent workers might be attractive to managers and executives, as it is typically cheaper and allows access to labor on an as-needed basis. However, your employement status should reflect the duties, responsibilities and risks you take rather than the desires of your employer to reduce payroll costs. 

Getting the compensation you deserve for your hard work

Some workers, especially those in skilled trades, enjoy the benefits of large organizations that protect their rights directly. For example, the California Labor Federation represents over two million working people in the state. However, we know that not everybody enjoys the same protection. At Jay S. Rothman & Associates, we are proud to step in and represent clients who do not have large, state-wide organizations backing them up. 

How do you know how much overtime you are owed?

California employees might use many different methods to prove that they were working during certain hours, but you might not have the opportunity to use some of the more effective options should you find yourself already embroiled in a wage and hour dispute. Any overtime your employer might owe you would probably depend on:

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