You work hard and you want to do your best at work. However, we all have our limits and need breaks. If you look at other countries, like Japan, you will see that there is a culture of “death by overwork” in which the physical and emotional strain of working non-stop has actually caused a lot of workers to die. In America, employees generally have legal protections from that; however, that doesn’t stop some employers from trying to overwork its employees. If you are a “non-exempt” employee, California law mandates that employers allow you rest breaks. California’s Industrial Welfare Commission Wage Order, Section 12 states that “every employer shall authorize and permit all employees to take rest periods, which insofar as practicable shall be in the middle of each work period.” The wage orders look at work hours in four hour increments and authorize ten minutes of rest for each four hour block or “major fraction” of…Read More
Today’s workplace looks very different than the workplaces we were used to seeing 10 or even just five years ago. Increasingly, workers are freeing themselves from the confines of traditional office settings and 9-to-5 workdays. This has contributed to the growth of what is being referred to as the “gig economy.” Rather than working one job as a full-time employee, many people are working in shorter-term roles as freelancers, on-demand workers and contractors. Oftentimes, these workers have at least a couple jobs in a given time period, and this isn’t expected to change any time soon. Considering how many people are part of this gig economy, it can be critical to understand why your employment classification as a contractor or employee matters. You may already be aware that there are certain benefits that you don’t receive from a company unless you are a full-time employee, like health care. However, as noted in this article, there are…Read More
You work for your employer in order to make money for your family. In other words, if you choose to spend your time volunteering, you would rather do it volunteering for your church, or Habitat for Humanity, or the Red Cross. Unfortunately, when employers make employees work “off the clock”, that is exactly what they are doing—forcing their employees to volunteer their time. This is unlawful under California’s wage and overtime laws. Working Off The Clock Non-exempt employees are entitled to compensation for every hour they work, to a minimum wage for each of those hours, to overtime compensation when they work more than eight hours in a workday, and to double wages when they work more than twelve hours in a workday. Employers try to get around these laws—and around having to pay overtime—by knowingly compelling their employees to work without pay. Some examples of working off the clock include Not paying an employee…Read More
Your hard-earned wages are your property. They belong to you. I’m not just saying this as a matter of principal, it is actually the law. In fact, an employer’s failure to pay an employee’s full wages for all of their work in a timely manner has a name: wage theft. Some acts that are considered wage theft include: Paying below minimum wage. Employers are required to pay the highest minimum wage available to an employee, whether it is the Federal minimum wage, the state minimum wage, or the locally adopted minimum wage. Improperly withholding tips, commissions, or bonuses. These are all property of the employee once earned. Failing to properly account for employees’ work hours. The failure to maintain accurate timesheets, or procedures that result in employee or employers underreporting an employee’s time mean that the employee is underpaid. Compelling an employee to work “off the clock”. This is highly illegal and violates the fundamental…Read More
In my practice, I’ve too often found that employers fail to fully grasp how to respect the legal rights of disabled employees. If you have a disability and want to work, it is therefore important to be aware of these rights so that you can demand to be treated lawfully. Protection From Discrimination People with disabilities are part of a protected class under federal and California’s discrimination laws. In California, where disabilities are broadly defined to encompass both physical and mental disabilities, it is unlawful for employers to engage in discrimination against disabled employees or job applicants. This means that an employer cannot make adverse employment decisions based on a person’s disability, history of disability, or perceived disability. For example, an employer cannot ask a job applicant about the applicant’s disability, or subject the applicant to medical or psychological testing that other applicants are not subjected to. Right To Reasonable Accommodations California’s Fair Employment and…Read More
Under both federal and state labor laws, employees are entitled to overtime pay if they work more than forty hours in a workweek. These are basic and critical legal rights that are designed to respect American workers and to reward the physical and emotional toll of working long hours. If you work more than forty hours in a workweek, overtime pay is calculated as time and a half of your regular rate of pay for every hour over forty. In addition, if you work seven consecutive days in a workweek, then you are entitled to overtime pay for the first eight hours worked on the seventh day. And if you work seven consecutive days in a workweek, you are entitled to double pay for every hour worked beyond eight hours on the seventh consecutive day. You probably noticed that the term “workweek” appears a whole lot in the preceding descriptions. Therefore, to know and exercise…Read More
Cheesecake Factory is a popular restaurant, with its diverse and crowd-pleasing menu, big portions, delicious desserts, clean atmosphere, and fancy-looking furnishings. Regardless of what day of the week you go, there always seems to be a line to get a table. Unfortunately, Cheesecake Factory just made the news for all the wrong reasons. That’s because the California Labor Commission just found the company liable for $4.5 million for wage and overtime violations. Janitors Got Ripped Off The underlying violations here involve janitors who clean and maintain the Cheesecake Factory, who complained that for the last three years, they were being paid below minimum wage, were working far longer than 8 hours a day and 40 hours a week yet were not getting paid overtime, were denied rest breaks, and in some cases were forced to work off the clock. Basically every wage and overtime violation you can imagine. These janitors were subcontracted through a cleaning-services…Read More
Terminix International is one of the biggest pest control companies in the entire world. With a presence in almost every state in the country and in many countries around the world, the company employs over 8000 people and has staggering revenues that far exceed a billion dollars a year. Unfortunately, there is a growing possibility that the company has been cutting corners to achieve this level of success. If you work for Terminix as a Pest Control Technician, you’re well aware that you are expected to very long hours. In fact, you likely work more than 40 hours per week on a regular basis. In the realm of wage and overtime rights, employees are generally entitled to overtime pay when it comes to hours worked beyond 40 hours in a work week. This is 1.5 times an employee’s regular rate of pay for each hour over eight hours in a workday, and double pay if…Read More
State and federal laws have long-established wage and overtime laws to protect the rights of working class American employees. These laws include a minimum wage and the right to overtime pay when an employee is made to work more than 40 hours in a workweek. There is however, a loophole for employers when it comes to certain types of employees, known as “exempt” employees. What Are Exempt Employees? The term exempt refers to the fact that these employees are exempt from wage and overtime laws. For these employees, employers are not legally required to pay overtime wages when the employee works for more than 40 hours and does not have to provide meal or rest breaks. There are three basic categories of employees who may qualify as exempt under the law: exempt executive employees, exempt professional employees, and exempt administrative employees. The underlying idea is that these are employees who exercise critical job functions, exercise…Read More
Contrary to popular belief, California labor laws do not require that employers provide employees with paid vacation time. However, California has one of the most competitive job markets in the world and many employers offer vacation time to employees in order to attract and keep good employees. For these employers, vacation time is written into their policy handbook. Significantly, although state law does not require paid vacation time for employees, this time becomes protected once an employee has earned vacation time in accordance with their employer’s policy. This is because of how the law protects employees’ wages. Essentially, all earned wages are the property of an employee and for an employer to improperly withhold, delay, or fail to pay these wages is akin to stealing. Check your employer’s policies regarding vacation. These policies should spell out how you earn vacation time. For example, your employer may allow for you to accrue one day of vacation…Read More
