Wage and Hour Claims
California and Federal laws impose laws and regulations related to the hours worked and pay earned by employees in California. Generally, these laws cannot be changed by a private agreement between the employer and employee.
There may be a wage and hour violation where the employer:
- Fails to pay for all time that the employer knows was worked;
- Tells the employee not to record all time worked, or tells the employee that the employer will not pay for overtime but the requirements of the job require overtime work;
- Fails to provide timely meal and rest breaks (generally non-exempt employees must receive a 30-minute, uninterrupted, off-duty meal break for every 5 hours of work and a 10-minute rest period for every 4 hours of work);
- Does not pay out accrued and unused vacation hours upon termination;
- Does not timely pay all final wages upon termination;
- Provides inaccurate or incomplete wage statements;
- Miscalculates the overtime rate of pay, resulting in underpayment of overtime;
- Does not keep accurate records of hours worked and wages earned by each employee;
- Does not pay all wages timely, or treats some employees as "volunteers"