Month: June 2017

Am I Entitled to a Lunch Break or Rest Break in California? Part II

Am I Entitled to a Lunch Break or Rest Break in California 2

An on-duty paid meal period is permitted when the nature of work prevents relief from all duties and the parties agree in writing. Employees are also entitled to a paid ten-minute rest period for each four hours worked or major fraction thereof, as practicable, in the middle of the work period.

This is not required for California employees whose total daily work time is less than three-and-a-half hours.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

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Am I Entitled to a Lunch Break or Rest Break in California? Part I

Work and Take a Break Words on Red Blue Road sign

Yes, you are entitled to a lunch break or rest break in California.

Employees in California are entitled to a meal break of 30 minutes, unpaid, after five hours, except when the workday will be completed in six hours or less and the employer and employee consent to waive the meal break.

The employee cannot work more than ten hours a day without a second 30-minute break, except if the workday is no more than 12 hours. The second meal break may be waived if the first meal break was not waived.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

When Am I Entitled to Earn Overtime in California?

When Am I Entitled to Earn Overtime in California

In California, eligible employees must receive overtime if they work more than eight hours in a day or 40 hours in a week. After working 12 hours in a day, California employees must receive double time.

If an employee works on a seventh day, that employee is entitled to time and a half for the first eight hours of work and double time for additional hours. Not every type of job is eligible for overtime, however.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Meal and Rest Break Violations in California

Meal and Rest Break Violations in California

Although federal law does not require meal or rest breaks, California law does. In California, employers must give employees a 30-minute unpaid meal break after they work five hours; a second meal break is required after employees work ten hours.

In addition, California employees are entitled to a paid, ten-minute rest break for every four hours (or major fraction of four hours) they work.

Employers violate these rules by failing to provide the required breaks at all, requiring employees to work during their breaks, or not providing a second meal break for employees who work overtime.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Other Common California Overtime Violations

Other Common California Overtime Violations

Other common California overtime violations include:

Misclassifying employees — although certain categories of employees are not entitled to earn overtime, the exemption categories are quite narrow. Employers often violate the law by claiming that employees fit into these categories when they do not.

Failing to count all hours worked — Employers often break the law by requiring employees to work off the clock, work through lunch, or spend uncompensated time doing work-related tasks, such as putting on safety gear.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

California Overtime Violations

Time And Money

Federal law requires overtime pay only if employees work more than 40 hours a week. California law imposes this same requirement.

In addition, California employees are entitled to earn regular overtime (time and a half, or 50% on top of their regular hourly rate) if they work more than eight hours in a day. The same rate applies for the first eight hours of work on a seventh consecutive workday.

California law provides double time to employees (twice their regular hourly rate) if they work more than 12 hours in a workday or more than eight hours on a seventh consecutive workday.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Violations for Tipped Employees

Business lunch waiter taking order at restaurant

Under federal law, employers can pay a lower minimum wage to tipped employees, as long as the employees make enough in tips to bring their total hourly earnings up to at least the applicable minimum wage. If employees don’t earn enough, their employers must make up the difference.

However, unlike several other states, California does not allow employers to take a tip credit. Instead, employers must pay tipped employees the full state or local minimum wage in addition to their tips. Employers who take tip credits are violating California law.

Other common violations involving tips under California law include deducting a portion of an employee’s tips to pay mandatory credit card processing fees and requiring employees to share their tips with managers.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com

How Employers can Violate Minimum Wage Rules

How Employers can Violate Minimum Wage Rules

Employers violate minimum wage rules by:

1. Paying employees the federal minimum wage rather than the higher state amount (or paying employees the state wage rather than a higher city wage)

2. Paying employees a “salary” that averages out to less than the minimum wage per hour, or

3. Failing to pay employees for all hours worked by, for example, requiring employees to work “off the clock” or work through their lunch breaks.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/

Common Wage Violations in California

Common Wage Violations in California

California has some of the strongest employee protections in the country when it comes to wage and hour issues. Among other things, California employees have the right to meal and rest breaks, overtime after eight hours of work in a day, and a minimum wage that’s higher than the federal standard.

California’s minimum wage is $9 an hour until January 1, 2016, when it increases to $10 an hour. This rate is significantly higher than the current federal minimum wage of $7.25 an hour.

Employees are entitled to be paid the highest applicable minimum wage where they work, whether that’s the federal, state, or local rate. In California, some cities have passed laws adopting an even higher minimum wage. For example, San Francisco’s minimum wage is $12.25 per hour.

David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (800) 401-4466 or by visiting http://payablaw.com/