Month: November 2018

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

Am I entitled to a lunch or rest break in California

Yes. 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. T

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. 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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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

What to Do If Your Rights Are Violated at Workplace

What to Do If Your Rights Are Violated at Workplace

If you believe your employer has violated your rights under California’s wage laws, you should talk to an experienced California wage and hour lawyer right away.

A lawyer can review the facts and tell you whether you have a strong claim against your employer.

A lawyer can advise you about the best way to assert your rights, such as writing your employer a “demand letter” asking it to pay you what you are owed, filing a wage claim with the California Labor Commissioner, or filing a lawsuit.

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

Rules for Final Paychecks – Part II

Rules for Final Paychecks - Part II

If you quit your job and give your employer less than 72 hours’ notice, your employer must pay you within 72 hours. If you give your employer at least 72 hours’ notice, you must be paid immediately on your last day of work.

Like employees who are fired or laid off, your final paycheck must include all of your accrued, unused vacation time or PTO.

To discourage employers from delaying final paychecks, California allows an employee to collect a “waiting time penalty” in the amount of his or her daily average wage for every day that the check is late, up to a maximum of 30 days.

For example, if you typically earn $80 a day and your employer is ten days late with your check, you may be able to collect a penalty of $800.

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

Rules for Final Paychecks – Part I

Rules for Final Paychecks - Part I

If you are fired, laid off, or otherwise involuntarily separated from your job, you are entitled to your final paycheck immediately (that is, at the time of your firing or layoff).

Your employer may not wait until the next scheduled payday or even the next calendar day to pay you what you are owed. And, your final paycheck must include all of your accrued, unused vacation time or PTO.

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

California Paycheck Laws – Part II

California Paycheck Laws - Part II

If an employer pays employees weekly, every two weeks, or twice a month according to a different earning schedule, it may comply with the payday laws by paying employees for work performed within seven days after the end of the pay period.

For example, an employer that pays employees every two weeks is following the law as long as it pays employees within a week after each two-week payroll period closes.

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

California Paycheck Laws – Part I

California Paycheck Laws - Part I

California may be the most protective state when it comes to employee rights, including the right to be paid on time.

California laws on paychecks and paydays cover when you must be paid, what information your employer must provide with your paycheck, when you must receive your final paycheck if you quit or are fired, and what that final paycheck must include.

Generally, California employees have the right to be paid at least twice a month. Compensation earned between the 1st and the 15th of the month must be paid no later than the 26th day of the same month. Compensation earned from the 16th of the month through the end of the month must be paid no later than the 10th day of the following month.

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

What Counts as a Tip for Employees in California? Part II

Waiter Carrying Plates With Meat Dish On Some Festive Event

If the tips are left by credit card, some states allow employers to subtract credit card processing fees from the employee’s tips.

The employer would typically subtract a proportionate amount of the tip to cover the employee’s “share” of the fee. For example, if the credit card company charges a 3% fee, the employer could legally reduce the employee’s tip by 3% as well. However, California doesn’t follow this rule.

Under California law, the employer has to give the employee the full tip left by the customer and pay the entire credit card processing fee itself.

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